Broadband Installations by Electric Co-Ops
A new law in Illinois allows electric cooperatives that receive state or federal funding to improve broadband service to use existing electric easements and road rights-of-way.
Some of the specific requirements of the new law include:
- Electric cooperatives are allowed to use their existing electric easements or any electric easement with the agreement of the utility for broadband installations, but only in areas where the electric co-op receives a state or federal grant for improving broadband service.
- Electric co-ops are also allowed to use the road right-of-way in areas where the electric cooperative received a state or federal grant following approval from the road authority.
- Electric co-ops are required to inform impacted landowners at least 14 days, but not more than 60 days, prior to the electric cooperative accessing the property.
- The notification must include, among other things:
- the anticipated date of installation
- detailed design and construction plans including the proposed entry and path of broadband infrastructure
- details of how the installation will comply with National Electric Safety Code clearance requirements for overhead installations
- a statement absolving the landowner and their tenant of liability for damaging underground cable that results from normal property use, including farming operations.
- Landowners would have 45 days following the anticipated date of installation to send a claim for compensation for diminution of value of the property from the expanded use of the easement.
- Once landowners have sent a claim of compensation to the broadband provider, they have six months to initiate legal action for compensation.
- Electric cooperatives must indemnify landowners for any physical damage caused by the deployment of broadband infrastructure.
If you are contacted by an electric cooperative seeking to use this process to install broadband infrastructure, please reach out to your county Farm Bureau office for assistance.
For details about an informational meeting where you can learn more, click here.