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Illinois Senate Bill 3838, dubbed the Broadband Deployment Act,
would streamline how internet service providers secure access to
land along roadways, a change supporters say is needed to meet
federal deadlines and avoid losing the funding. Opponents warn
the shift would weaken longstanding protections for property
owners.
Instead of typical protections, the bill requires only that
property owners are notified at least 14 days before work is to
be done on the private property.
The Illinois Dept. of Commerce and Economic Opportunity and a
representative for 12 internet service providers spoke as
proponents of the bill, arguing that the bill provides
protections and remedies for landowners.
“Under the act, there are robust protections for property
owners, including safe harbor, such as height clearance
requirements, just compensation for the diminished value of any
land,” said DCEO Deputy Director Tito Quinones.
Steve Schwarble, a representative for service providers in the
state, urged passage, saying individual property owner
negotiations delay time‑sensitive federal funding, noting the
measure only streamlines right‑of‑way talks for providers vetted
by the state and approved by local authorities.
State Sen. Neil Anderson, R-Aledo, questioned if the development
is needed.
“I'm seeing more and more of my farmers and rural communities
using things like Starlink that are cheap, effective. And so, I
think we need to ask ourselves, is this something that we need
to be spending billions of dollars on,” said Anderson. “I think
we need to have that conversation instead of being so eager to
do things so fast when technology is changing just as fast.”
The Illinois Farm Bureau’s representative, Chris Davis, spoke in
opposition to the bill on the grounds that it would undermine
property rights across the state, passing along an up-front
burden of seeking restitution only after any damages may have
been done.
“Nothing about these grants encumbers the use of that funds to
compensate landowners for the use of their property. I would
hope that these broadband companies have built that into their
business model in deploying this broadband,” said Davis.
The bill was passed with the understanding that additional
discussion with interested parties would result in an amendment
addressing various concerns, before it returns to the committee
for another vote.
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