Technology (Broadband Access)

HB 695 establishes rules for competitive access to utility poles, primarily affecting pole owners like rural electric cooperatives and entities wishing to attach their equipment. The bill requires pole owners who have received broadband grant funding and offer broadband services to allow access to their poles according to federal regulations. It also mandates that grant agreements for broadband funding include compliance with these rules. If a pole owner does not comply, an aggrieved entity can take civil action in court for damages and other relief.

HB 257 updates Montana's critical infrastructure protection laws by explicitly adding broadband and wireless communications infrastructure (including internet cables, cell towers, and related equipment) to the list of protected facilities. The bill expands definitions in Section 82-1-601 to include these networks under "critical infrastructure facility," while Section 82-1-602 clarifies criminal penalties for trespassing or damaging such facilities. Trespassing with intent to harm these newly protected facilities now carries felony charges (up to 18 months in prison or $4,500 fines), and damage exceeding $1,500 becomes a felony (up to 30 years in prison or $150,000 fines). This law directly affects anyone entering or damaging internet, phone, or cable infrastructure sites, with stricter penalties for intentional harm.

HB 122 revises existing right-of-way laws for utility lines on public roads, streets, and highways. It specifically expands the authorized utilities to include broadband lines and natural gas pipelines. This allows corporations and public bodies operating these services to install necessary infrastructure, such as lines, pipelines, posts, and piers, along public thoroughfares. The bill maintains the requirement that these installations must not inconvenience or endanger the public.

HB 650 revises state bonding laws by expanding the definition of "project" to include facilities that provide broadband service. This change allows municipalities and counties to issue bonds to fund projects aimed at delivering broadband services. Specifically, it targets areas where existing broadband speeds are below 100 megabits per second download and 20 megabits per second upload. The bill provides a mechanism for local governments to finance the development of high-speed internet infrastructure in underserved locations.

SB 540 revises Montana's property tax rules for "class 17 property," specifically targeting dedicated telecommunications infrastructure like fiber optic and coaxial cable. It provides a 5-year tax exemption for new fiber/coaxial cable installations placed in service after July 1, 2021, with the exemption phasing out over 10 years (20% annually). To maintain the exemption, owners must reinvest the tax savings into new Montana cable installations within 2 years without passing costs to consumers. Federal-funded projects (e.g., under the American Rescue Plan) are excluded from the exemption, and owners must keep records for state review. The bill directly affects telecom infrastructure owners and operators in Montana.