Bill Text: MO HB1928 | 2014 | Regular Session | Introduced

---

Bill Title: Specifies that a political subdivision cannot have the authority to require the removal or relocation of infrastructure owned by a communication service provider that is lawfully located on private property

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-03-26 - Public Hearing Completed (H) [HB1928 Detail]

Download: Missouri-2014-HB1928-Introduced.html

---

SECOND REGULAR SESSION

HOUSE BILL NO. 1928

97TH GENERAL ASSEMBLY

---

 

 

INTRODUCED BY REPRESENTATIVE ROSS.

5788H.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

---

 

AN ACT

To amend chapter 392, RSMo, by adding thereto one new section relating to communication service provider infrastructure.

---

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 392, RSMo, is amended by adding thereto one new section, to be known as section 392.615, to read as follows:

            392.615. 1. Notwithstanding any provision of law to the contrary, no political subdivision shall have the authority to require the removal or relocation of infrastructure owned by a communication service provider which is lawfully located on private property in the public right-of-way, or attached to a utility pole, unless such political subdivision agrees to pay the owner of the infrastructure reasonable costs incurred in order to comply with the political subdivision’s request.

            2. This section shall not apply:

            (1) To the costs incurred to remove or relocate infrastructure owned by a communication service provider which has been reasonably determined by the political subdivision to pose a clear and present danger to public health or safety due to the infrastructure being in a state of disrepair; or

            (2) If the requesting political subdivision and the infrastructure owner have entered into a franchise agreement governing relocation of such infrastructure.

            3. For the purposes of this section, the following terms shall mean:

            (1) “Communication service provider”, a wireless service provider, broadband or other internet protocol enabled service provider, video service provider, or other communications related service provider;

            (2) “Wireless service provider”, a provider of commercial mobile service under section 332(d) of the Federal Wireless Telecommunications Act of 1996.

•