Revision: Jan. 2, 2020, 1:55 p.m.
SB 559 - AS INTRODUCED
2020 SESSION
20-2908
06/08
SENATE BILL 559
AN ACT relative to municipal broadband infrastructure bonds.
SPONSORS: Sen. Kahn, Dist 10; Sen. Levesque, Dist 12; Sen. Bradley, Dist 3; Sen. Hennessey, Dist 5; Rep. Barry, Hills. 21; Rep. Leishman, Hills. 24; Rep. Mann, Ches. 2; Rep. Harvey, Ches. 1
COMMITTEE: Election Law and Municipal Affairs
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ANALYSIS
This bill permits municipalities to consider areas unserved if broadband providers fail to respond to a request for information within 2 months, or if the transmission rates fail to meet a telecommunications capability as defined by section 706 of the Telecommunications Act of 1996.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2908
06/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to municipal broadband infrastructure bonds.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Municipal Finance Act; Broadband Infrastructure Bonds. Amend RSA 33:3-g, I to read as follows:
I. A municipality may issue bonds for the purpose of financing the development, construction, reconstruction, renovation, [and] improvement and acquisition of broadband infrastructure in any locations within a municipality unserved by broadband as defined in RSA 38:38, I(c) and RSA 38:38, I(bb). Without limiting the foregoing, broadband infrastructure may be the subject of public-private partnerships established in accordance with the provisions of RSA 33:3.
2 Municipal Finance Act; Broadband Infrastructure Bonds. Amend RSA 33:3-g, III to read as follows:
III. A municipality shall not issue bonds for the purpose of financing the development, construction, reconstruction, renovation, improvement, and acquisition of broadband infrastructure in any location within a municipality unserved by broadband as defined in RSA 38:38, I(c) unless a request for information has been issued, at a minimum, to all providers serving the issuing community and such providers have been given 2 months to respond to the request. The request for information may include, but is not limited to, information identifying locations within a municipality unserved by broadband as defined in RSA 38:38, I(c) and RSA 38:38, I(bb). After completing, issuing, and receiving responses to such request for information, a municipality may issue a request for proposals for the purpose of engaging in a public-private partnership pursuant to RSA 33:3 or RSA 33-B for the deployment of broadband infrastructure, as defined in RSA 38:38, I(e), and the provision of broadband service as defined in RSA 38:38, I(f). A municipality may select a proposal based on criteria including, but not limited to, provider ability to deploy, manage, and maintain a broadband network which meets or exceeds the anticipated needs of the community. A municipality may determine that no provider has met the criteria included in the request for proposals and may issue bonds for purposes pursuant to RSA 33:3 and RSA 33-B, including but not limited to, open networks.
3 Municipal Revenue Bonds; Definitions; Revenue-producing Facilities. Amend RSA 33-B:1, VI to read as follows:
VI. "Revenue-producing facilities" means water works, broadband infrastructure as defined in RSA 38:38, I(e), purchased or constructed in areas not served by an existing broadband carrier or provider to serve any location within a municipality unserved by broadband as defined in RSA 38:38, I(c) and RSA 38:38, I(bb), sewerage systems, sewage treatment or disposal facilities, solid waste disposal or resource recovery facilities, parking facilities, facilities for the production, generation, transmission, or distribution of electricity or gas, any other real or personal property or interests in a municipality or regional water district owned or controlled by the municipality or regional water district, from the operation of which revenues are or are expected to be derived by the municipality, or regional water district, and qualifying energy conservation and clean energy improvements for which a municipality provides financing pursuant to RSA 53-F.
4 Broadband Access. Amend RSA 38:38, I(a) to read as follows:
(a) "Access tariff" means the fee charged on a monthly or annual basis to broadband [providers] carriers for access to the broadband infrastructure.
5 New Subparagraph; Broadband Access; Definitions; Areas not served. Amend RSA 38:38, I by inserting after subparagraph (b) the following new subparagraph:
(bb) "Areas not served" means any part of a municipality without a wireless or facilities-based broadband service or a wireless or facilities-based broadband service provider, and includes areas served by a provider who fails to respond to a request for information under RSA 33:3-g, III. Wireless shall not include subscription satellite service.
6 New Paragraph; Broadband Access. Amend RSA 38:38 by inserting after paragraph II the following new paragraph:
III. Unless an existing provider has defined a property as served according to RSA 38:38, I(c) during the request for information process, all properties in a municipality receiving service from that existing provider shall be considered unserved. Municipalities may nullify the claims of service by an existing provider.
7 Effective Date. This act shall take effect 60 days after its passage.