SB111,1296,8 (2) (a) 1. An electric provider may use an easement that it holds for any of the following purposes:

SB111,1296,11 a. Installing or maintaining broadband infrastructure to provide broadband services or allowing a supplier of broadband services to install or maintain broadband infrastructure to provide broadband services.

SB111,1296,13 b. Leasing or providing to a supplier of broadband services any excess capacity in the electric provider's broadband infrastructure.

SB111,1296,16 2. This paragraph does not exempt, except, or exclude an electric provider or supplier of broadband services from complying with any provision of state or federal law applicable to siting broadband infrastructure or providing broadband services.

SB111,1296,19 (b) Except as provided in par. (c) 1., terms or conditions of an easement held by an electric provider that inhibit the electric provider from using the easement for a purpose under par. (a) do not apply.

SB111,1296,21 (c) Paragraphs (a) and (b) do not apply to an easement that does any of the following:

SB111,1296,23 1. Expressly prohibits, by its terms, using the easement for a purpose under par. (a).

SB111,1296,24 2. Applies to property owned by the state or a city, village, town, or county.

SB111,1297,2 (3) (a) In this subsection, “owner” means a person who owns a fee simple or life estate interest in land or who is a land contract vendee.

SB111,1297,7 (b) At least 30 days before first using an easement for a purpose under sub. (2) (a), an electric provider shall make a reasonable attempt to mail a notice to the owner of the property subject to the easement, as determined from records of the office of the register of deeds of the county in which the property subject to the easement is located, by mailing a notice to at least one of the following:

SB111,1297,8 1. The last known address for the owner of the property subject to the easement.

SB111,1297,10 2. The address listed with the county real property lister for the owner of the property subject to the easement.

SB111,1297,13 3. The registered agent office or principal office listed in the records of the department of financial institutions for the owner of the property subject to the easement.

SB111,1297,16 (c) If an electric provider is unable to identify an address to mail a notice under par. (b), the electric provider shall publish a class 1 notice under ch. 985 at least 30 days before first using an easement for a purpose under sub. (2) (a).

SB111,1297,18 (d) An electric provider shall include all of the following in a notice under par. (b) or (c):

SB111,1297,21 1. An identification of the property subject to the easement, which may be made by reference to the property address, by reference to the tax parcel number of the property, by map, or by legal description.

SB111,1297,23 2. A statement that the electric provider intends to install broadband infrastructure or use existing infrastructure to make broadband service available.

SB111,1297,25 3. An estimate of when the electric provider intends to install or begin using infrastructure under subd. 2.

SB111,1298,1 4. A reference to this section.

SB111,1298,4 5. A statement explaining that the electric provider may record a memorandum stating that the electric provider may use the easement for a purpose under sub. (2) (a).

SB111,1298,7 6. A notice that the owner of the property subject to the easement may not bring an action against the electric provider for using an easement for a purpose under sub. (2) (a) after one year after the date of receiving the notice.

SB111,1298,11 (4) Beginning 30 days after providing notice under sub. (3), an electric provider may record a memorandum in the office of the register of deeds of a county in which property subject to an easement used for a purpose under sub. (2) (a) is located. The electric provider shall include all of the following in the memorandum:

SB111,1298,12 (a) One of the following:

SB111,1298,13 1. If the easement is recorded, recording information for the easement.

SB111,1298,15 2. If the easement is unrecorded or a prescriptive easement under s. 893.28 (2), the legal description of the parcel subject to the easement.

SB111,1298,16 (b) A reference to this section.

SB111,1298,18 (c) A statement that the electric provider may use the easement for a purpose under sub. (2) (a).

SB111,1298,21 (d) A statement that terms or conditions of the easement that inhibit the electric provider from using the easement for a purpose under sub. (2) (a) do not apply.

SB111,1298,24 (5) (a) In this subsection, “owner” means an owner of or other person holding an interest in real property subject to an easement used for a purpose under sub. (2) (a).