SB2785sam001 99TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 4/1/2016

09900SB2785sam001 LRB099 19189 EGJ 46674 a

AMENDMENT TO SENATE BILL 2785

AMENDMENT NO. ______. Amend Senate Bill 2785 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Small Wireless Facilities Deployment Act.

Section 5. Legislative intent. Small wireless facilities are critical to delivering wireless access to advanced technology, broadband, and 9-1-1 services to homes, businesses and schools in Illinois. Because of the integral role that the delivery of wireless technology plays in economic vitality of the State of Illinois and in the lives of its citizens, the General Assembly has determined that a law addressing the deployment of wireless technology is of vital interest to the State. To ensure that public and private Illinois consumers continue to benefit from these services as soon as possible and to ensure that providers of wireless access have a fair and predictable process for the deployment of small wireless facilities, the General Assembly is enacting this Act, which specifies how local authorities may regulate the collocation of small wireless facilities and small wireless facility networks.

Section 10. Definitions. As used in this Act:

"Antenna" means communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless service.

"Applicant" means a wireless provider or a communications facilities provider that submits an application.

"Application" means a request submitted by an applicant to an authority for the collocation of small wireless facilities or small wireless facility networks under Section 15.

"Authority" means a city, village, incorporated town, township, county, unit of local government, or special district that has jurisdiction and control for use of the public rights-of-way as provided by the Illinois Highway Code for placements within the public rights-of-way or has zoning or land use control for placements not within the public rights-of-way.

"Authority utility pole" means a utility pole or similar structure that is used in whole or in part for communications service, electric service, lighting, traffic control, signage, or a similar function owned or a controlled by an authority.

"Authority structure" means an existing tower, building, water tower, or other structure owned or controlled by an authority, but not an authority utility pole.

"Cable operator" has the same meaning as in 47 U.S.C. 522(5), as amended.

"Collocate" means to install, mount, maintain, modify, operate, or replace wireless facilities on an existing private or public tower, building, or water tower; an existing private or authority utility pole; or another existing structure. "Collocation" has a corresponding meaning.

"Communications service" means cable service, as defined in 47 U.S.C. 522(6), as amended; or information service, as defined in 47 U.S.C. 153(24), as amended; telecommunications service as defined in 47 U.S.C. 153(53), as amended; mobile service as defined in 47 U.S.C. 153(33), as amended; or wireless service other than mobile service.

"Communications facilities provider" means a person or entity that installs or constructs facilities or structures used to provide communications services.

"Communications service provider" means a cable operator; a provider of information service; a telecommunications carrier, as defined in 47 U.S.C. 153(51), as amended; or a wireless provider.

"Small wireless facilities" means wireless facilities that meet both of the following qualifications: (i) each antenna is located inside an enclosure of no more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than 6 cubic feet; and (ii) all other wireless equipment associated with the structure is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.

"Small wireless facility network" means a collection of interrelated small wireless facilities designed to deliver wireless communications service.

"Utility pole" means a pole or similar structure that is used in whole or in part for communications service, electric service, lighting, traffic control, signage, or a similar function.

"Wireless facilities" means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including, but not limited to: (i) equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; and (ii) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

"Wireless service" means a fixed or mobile wireless service provided using wireless facilities.

"Wireless provider" means a provider of wireless service.

Section 15. Siting of small wireless facilities and small wireless facility networks.

(a) Except as provided in this Section, an authority may not prohibit, regulate, or charge for the collocation of small wireless facilities or small wireless facility networks.

(b) Small wireless facilities and small wireless facility networks shall be classified as permitted uses, and not subject to the standards of a special or conditional use, in:

(1) all public rights-of-way and authority property; and

(2) other property not zoned exclusively for single-family residential use.

(c) Small wireless facilities and small wireless facility networks may be classified as special or conditional uses where those facilities are not located within the public rights-of-way or within authority property and are located on property zoned exclusively for single-family residential use.

(d) An authority may require building permits, permits to work within the public rights-of-way, and other permits for the collocation of small wireless facilities and small wireless facility networks, provided such permits are of general applicability. Authorities shall receive applications for, process, and issue permits and approvals subject to the following requirements:

(1) An authority shall not assess any recurring or nonrecurring fees or charges for the collocation of small wireless facilities or small wireless facility networks within the public rights-of-way to an applicant that is paying the authority:

(A) a tax authorized by the Simplified Municipal Telecommunications Tax Act at a rate exceeding 5%; or

(B) an infrastructure maintenance fee authorized by Section 5 of the Telecommunications Infrastructure Maintenance Fee Act if the authority was listed in Section 5-25 of the Simplified Municipal Telecommunications Tax Act.

This paragraph (1) does not prohibit an authority from charging a recurring fee for the collocation of small wireless facilities or small wireless facility networks on authority utility poles located within the public rights-of-way in accordance with subsection (e).

(2) If paragraph (1) of this subsection (d) does not apply, applicants shall not be required to pay a higher application processing fee than communications service providers that are not wireless providers. Total processing fees for any individual permit or approval, including any fees charged by third parties, shall not exceed $500.

(3) Applicants shall not be required to perform any services, including restoration work not directly related to the collocation, to obtain approval for applications.

(4) An applicant shall not be required to provide more information to obtain a permit than communications service providers that are not wireless providers.

(5) Each application for a permit or approval shall be processed on a nondiscriminatory basis and deemed approved if the authority fails to approve or deny the application within 60 days after submittal of a complete application. This period may be tolled to accommodate timely requests for information required to complete the application or may be extended by mutual agreement between the authority and the applicant. A permit application may address multiple small wireless facilities or a small wireless facilities network.

(6) An authority may deny an application only if it does not meet the applicable authority's construction in the public rights-of-way, building, or electrical codes or standards, provided such codes and standards are of general applicability. The authority must document the basis for the denial, including the specific code provisions or standards on which the denial was based, and send the documentation to the applicant on or before the day the authority denies an application. The applicant may cure the deficiencies identified by the authority and resubmit the application within 30 days of the denial without paying an additional processing fee. The authority shall approve or deny the revised application within 30 days.

(7) An authority may not limit the duration of a permit or approval related to one or more small wireless facilities or a small wireless facilities network.

(8) An authority may not institute a moratorium on (A) filing, receiving, or processing applications or (B) issuing permits or approvals for the collocation of small wireless facilities and small wireless facility networks.

(9) An authority may not impose discriminatory licensing standards for persons collating small wireless facilities and small wireless facility networks. An authority shall receive applications for, process, and issue licenses for persons collating small wireless facilities and small wireless facility networks applications in a manner substantially comparable to the licensing of other contractors within the jurisdiction of the authority.

(e) A wireless provider or licensed contractor may collocate small wireless facilities and small wireless facility networks on authority utility poles located within the public rights-of-way, subject to reasonable rates, terms, and conditions as provided in one or more agreements between the wireless provider and the authority. The authority must process authority utility pole collocation requests, issue permits, and allow the installation and operation of small wireless facilities and small wireless facility networks on authority utility poles pending negotiation of the agreement. Authority utility pole collocation requests shall be processed in the same manner as permit applications under subsection (d). The reasonable annual recurring rate to collocate a small wireless facility on an authority utility pole shall not exceed the rate produced by applying the formula adopted by the Federal Communications Commission for telecommunications pole attachments under paragraph (2) of subsection (e) of 47 CFR 1.1409.

(f) An authority shall authorize the collocation of small wireless facilities and small wireless facility networks on authority structures not located within the public rights-of-way to the same extent an authority permits access to authority structures for other commercial projects or uses and may authorize such collocations if the authority has not previously permitted such access. Such collocations shall be subject to reasonable rates, terms, and conditions as provided in one or more agreements between the wireless provider and the authority. An authority may not charge on an annual recurring basis more for such collocations than the lesser of (1) the amount charged for similar commercial projects or uses to occupy or use the same amount of space on similarly situated property; (2) the projected cost to the authority resulting from the collocation; or (3) $500 annually.

Section 20. Home rule. A home rule unit may not regulate small wireless facilities and small wireless facility networks in a manner inconsistent with the regulation by the State of small wireless facilities and small wireless facility networks under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.".