Legislative counsel reviews Vermont 10-year telecom plan law, public hearing requirements for House committee

Maria Royal of Legislative Council told the House Energy and Digital Infrastructure Committee on Feb. 11 that Vermont's 10‑year telecom plan is established in Title 30 and is intended as a planning and policy document prepared by the Department of Public Service.

"The purpose of this section and section 202d is to strengthen the state's role in telecom planning," Royal said, walking members through the statutory language in 30 V.S.A. §202c and §202d and the plan's goals, which include universal availability of voice and high‑speed data, reliable mobile service along travel corridors and a goal of 100% coverage for 9‑1‑1 locations by the end of 2024.

Royal explained the statute directs the department to prepare a forward‑looking 10‑year overview, conduct surveys of residents and businesses, assess state‑owned telecom infrastructure, and hold a participatory drafting process. The department must publish a preliminary draft, solicit electronic comments, prepare a final draft that either incorporates comments or explains why they were not included, and then hold at least four public hearings across the state on the final draft. At least one hearing must be held jointly with designated legislative committees.

She told the committee that the plan is updated every three years and that multiple state agencies (the Agency of Digital Services, the Agency of Commerce and Community Development and the Agency of Transportation) assist the department with plan preparation. "The department shall be responsible for the provision of plans for meeting emerging trends related to telecom technology, markets, financing, and competition," Royal said.

Committee members asked how binding the plan is. Royal and members of the committee clarified that the plan is advisory: the Department of Public Service adopts the plan and the legislature does not vote to approve it; any implementation or funding programs that stem from the plan still require legislative authorization. Representative Sebelia and others raised timing and process questions about when hearings are held and how the plan interacts with other statutes.

Royal also reviewed a recurring issue about the state's management of public rights‑of‑way. She said the secretary of transportation has statutory authority to waive certain right‑of‑way fees in limited circumstances and noted there was legislative debate and some confusion about the duration and analysis behind fee waivers for broadband build‑out. Committee members asked Royal to provide the committee with the legal history and any status reports on right‑of‑way fee policies.

The committee scheduled a joint hearing with the Senate on the telecom plan later in the week, and members said the briefing helped clarify the department's role and the committee's opportunities to comment during the plan's public process.