(The Center Square) – With $1.05 billion in federal broadband grants on the line, an Illinois State Senate committee heard testimony on a bill that would advance broadband infrastructure – sparking objections from critics who argue it ignores property rights.
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.
