SB 539

Abstract

Utility easements; broadband or other communicationsservices. Declares that it is policy of the Commonwealth that (i) existingor future easements for the location and use of electric facilities be used to provideor expand broadband or other communications services; (ii) such use of sucheasements is in the public interest; (iii) the use of such easements for theprovision of broadband or other communications services, where no additionalpoles are erected, does not constitute a change in the physical use of theeasement, interfere with or impair any vested rights of the owner or occupierof the servient estate, nor does it place any additional burden on the servientestate; and (iv) the installation and operation of broadband or othercommunications services within an existing or future electric easement aremerely changes in the manner, purpose, or degree of the granted use asappropriate to accommodate a new technology. The measure also establishes that inthe absence of any express prohibition on the installation and operation ofbroadband services in an existing electric easement, the installation andoperation of broadband services within the existing electric easement shall bedeemed as a matter of law to be permitted uses within the scope of everyeasement for the location and use of electricity facilities. The measure alsolimits the damages that a landowner may be awarded in any trespass actionagainst a public utility or a broadband service provider or any of itsemployees, agents, officers, attorneys, directors, representatives, orcontractors arising from the installation, maintenance, or operation of anyutility poles, wires, conduit, or other infrastructure or fiber optic cablingto the lesser of actual damages or $2,000 per tract of land.