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SB 3838

BROADBAND DEPLOYMENT ACT

104th Regular Session Introduced by Javier Cervantes and 4 co-sponsors

Allows broadband deployment along highway rights-of-way with notice, potential compensation, and a sunset on Jan 1, 2030, while DOT oversees permits.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 3838

Summary of SB 3838 (104th Illinois General Assembly)

Title

Broadband Deployment Act

Purpose and Intent

  • Create a new framework to facilitate the deployment of broadband infrastructure along highway rights-of-way (ROWs) in Illinois.
  • Aim to expand affordable, reliable broadband access statewide by leveraging highway ROWs, while balancing property owners’ rights and ensuring clear procedures for notice, compensation, and permitting.
  • Establish a sunset for the Act’s provisions: rights and obligations related to broadband deployment along ROWs expire January 1, 2030.

Key Provisions

Definitions (Section 10)

  • Broadband grant recipient: A broadband service provider that is a telecommunications retailer and has received state or federal grant funding to expand broadband deployment.
  • Broadband infrastructure: Aboveground or underground wires, fiber, conduit, pipes, ducts, and related equipment used to provide broadband services.
  • Broadband service: As defined by federal rules (broadband Internet access).
  • Deploy: Activities including install, operate, maintain, inspect, upgrade, repair, replace, remove, and related tasks.
  • Highway right-of-way: Land devoted to highway purposes under the Illinois Highway Code.
  • Property owner: Excludes public utilities as defined in the Public Utilities Act.

Rights-of-Way Deployment (Section 15)

  • A broadband grant recipient may install, maintain, and use broadband infrastructure along a highway ROW, conditional on obtaining the proper agreement or permit with the ROW controller/holder and compliance with applicable Highway Code provisions and administrative rules.
  • Property owners within the ROW may not forbid entry or deployment of broadband infrastructure. The property owner may be entitled to just compensation.
  • The Department of Transportation retains authority over permits, fees, and ROW management; the Act does not diminish DOT authority.

Notice and Compensation (Section 20)

  • The broadband grant recipient must provide written notice to the property owner at least 14 days and no more than 60 days before entering the property for deployment. Notice must be delivered via:
    • Certified mail (return receipt requested),
    • A designated private delivery service (same function as certified mail),
    • Personal service.
  • The notice must include:
    1. Property address
    2. Grant recipient name and contact
    3. Anticipated installation date and expected duration
    4. Timeframe for the owner to demand just compensation
    5. Details of installation plans, including entry location and path
    6. Statement absolving the owner/tenant from liability for typical property use-related damages
  • If the property owner wishes to demand just compensation, they must respond within 45 days of the deployment date. If timely notice is not given, the owner is conclusively deemed not to claim just compensation.
  • A property owner who timely requested compensation may file suit in the appropriate circuit court to determine compensation, within 6 months of the original notice. Failure to timely notice bars such claims.
  • The owner’s demand or lawsuit for just compensation does not delay deployment.

Compensation and Damages (Section 15)

  • If compensation is demanded, the broadband grant recipient must compensate for diminution in property value due to the ROW burden.
  • The grant recipient must indemnify the property owner for physical damages caused by deployment.
  • The arrangement is separate from DOT permit decisions and fees.

Sunset (Section 25)

  • The rights and obligations under this Act terminate on January 1, 2030.

Effective Date (Section 99)

  • Act takes effect upon becoming law.

Who Is Affected

  • Broadband grant recipients (providers awarded state/federal grants for deployment).
  • Private property owners whose land lies within highway ROWs.
  • Illinois Department of Transportation (DOT) and ROW managers.
  • Public utilities are explicitly excluded from the “property owner” definition for purposes of the Act.

Procedural and Timeline Notes

  • Notice timeline: 14–60 days before entry.
  • Owner response window: 45 days to demand just compensation.
  • Legal action window for compensation claims: within 6 months of the initial notice.
  • Sunset: All rights/obligations expire January 1, 2030.
  • Immediate effect upon enactment (no retroactive timing beyond that).

Practical Implications

  • Streamlines access to ROWs for broadband deployment, potentially accelerating rural and underserved area connectivity.
  • Establishes a clear process for notice, potential compensation, and liability protections for both sides.
  • Maintains DOT control over ROW management and permitting, ensuring coordination with transportation needs.
  • Creates a finite policy window (through 2030) to reassess effectiveness and impacts.

Compiled from official sources — confirm details with the bill’s official record.

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