Amended HB 887 Passes Senate

On Legislative Day 39, HB 887 was called up for a vote on the Senate floor.

HB 887, sponsored by Rep. Jay Powell, was originally rural broadband legislation from the House Rural Development Council but was substituted with identical small cell language as SB 426 in the Senate Regulated Industries Committee by Senator Steve Gooch.

HB 887 is a concern for municipal officials because it allows for a proliferation of new poles being installed by each wireless telecommunications provider but does not require collocation on existing utility poles and limits local control to either deny applications for new poles or to negotiate with providers on the placement of new poles.

Four amendments to HB 887 were offered on the Senate floor yesterday.

Amendments 1 and 2 both received unanimous passage.

Amendment 1 recognized historic districts designated by local code and strengthened protections in historic districts where new poles would still be installed. 

Amendment 2 exempted the 52 cities that are electric providers from the legislation, which allows for those municipalities to negotiate with the wireless providers on small cell placement and pole attachment rates.

Amendment 3 was offered by Senator Renee Untermann to grant greater local control over the placement process for new poles and collocations on public property based on location and aesthetics. This amendment failed by 6 votes.

Amendment 4 was offered by Senator Frank Ginn to raise the annual right-of-way fee from $25 to $125. The first vote on this measure ended in a tie, with it passing by three votes after reconsideration.

These amendments moved HB 887 in the right direction but without amendment 3 on the bill, concerns over a virtual picket fence of poles in the public rights-of-way remain unaddressed.

HB 887 as amended passed the Senate 38-14.