§ 127. Utility poles in easements across private property (a) Utility easements and State rules regarding utility rights of way and pole attachments shall include, as an authorized utility use, the installation of fiber-optic cable for purposes of providing broadband service to the public or for providing utility network management and monitoring, or both. The use of the utility easement and right-of-way is generally of the type contemplated in utility easements, does not materially burden the landowner beyond what was intended in the conveyance or condemnation, serves the public good, and facilitates the construction of broadband networks. (b) This section shall apply to all utility easements and State rules in effect on or after June 8, 2021. This section shall not apply to an easement that contains an express prohibition on the installation and operation of fiber-optic cable.
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