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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Small Wireless Facilities Deployment Act is | |||||||||||||||||||||
5 | amended by changing Section 15 and adding Section 45 as | |||||||||||||||||||||
6 | follows: | |||||||||||||||||||||
7 | (50 ILCS 840/15) (was 50 ILCS 835/15)
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8 | (Section scheduled to be repealed on June 1, 2021) | |||||||||||||||||||||
9 | Sec. 15. Regulation of small wireless facilities. | |||||||||||||||||||||
10 | (a) This Section applies to activities of a wireless | |||||||||||||||||||||
11 | provider within or outside rights-of-way. | |||||||||||||||||||||
12 | (b) Except as provided in this Section, an authority may | |||||||||||||||||||||
13 | not prohibit, regulate, or charge for the collocation of small | |||||||||||||||||||||
14 | wireless facilities. | |||||||||||||||||||||
15 | (c) Small wireless facilities shall be classified as | |||||||||||||||||||||
16 | permitted uses and subject to administrative review in | |||||||||||||||||||||
17 | conformance with this Act, except as provided in paragraph (5) | |||||||||||||||||||||
18 | of subsection (d) of this Section regarding height exceptions | |||||||||||||||||||||
19 | or variances, but not subject to zoning review or approval if | |||||||||||||||||||||
20 | they are collocated (i) in rights-of-way in any zone, or (ii) | |||||||||||||||||||||
21 | outside rights-of-way in property zoned exclusively for | |||||||||||||||||||||
22 | commercial or industrial use. | |||||||||||||||||||||
23 | (d) An authority may require an applicant to obtain one or |
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1 | more permits to collocate a small wireless facility. An | ||||||
2 | authority shall receive applications for, process, and issue | ||||||
3 | permits subject to the following requirements: | ||||||
4 | (1) An authority may not directly or indirectly | ||||||
5 | require an applicant to perform services unrelated to the | ||||||
6 | collocation for which approval is sought, such as in-kind | ||||||
7 | contributions to the authority, including reserving fiber, | ||||||
8 | conduit, or utility pole space for the authority on the | ||||||
9 | wireless provider's utility pole. An authority may reserve | ||||||
10 | space on authority utility poles for future public safety | ||||||
11 | uses or for the authority's electric utility uses, but a | ||||||
12 | reservation of space may not preclude the collocation of a | ||||||
13 | small wireless facility unless the authority reasonably | ||||||
14 | determines that the authority utility pole cannot | ||||||
15 | accommodate both uses. | ||||||
16 | (2) An applicant shall not be required to provide more | ||||||
17 | information to obtain a permit than the authority requires | ||||||
18 | of a communications service provider that is not a | ||||||
19 | wireless provider that requests to attach facilities to a | ||||||
20 | structure; however, a wireless provider may be required to | ||||||
21 | provide the following information when seeking a permit to | ||||||
22 | collocate small wireless facilities on a utility pole or | ||||||
23 | wireless support structure: | ||||||
24 | (A) site specific structural integrity and, for an | ||||||
25 | authority utility pole, make-ready analysis prepared | ||||||
26 | by a structural engineer, as that term is defined in |
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| |||||||
1 | Section 4 of the Structural Engineering Practice Act | ||||||
2 | of 1989; | ||||||
3 | (B) the location where each proposed small | ||||||
4 | wireless facility or utility pole would be installed | ||||||
5 | and photographs of the location and its immediate | ||||||
6 | surroundings depicting the utility poles or structures | ||||||
7 | on which each proposed small wireless facility would | ||||||
8 | be mounted or location where utility poles or | ||||||
9 | structures would be installed; | ||||||
10 | (C) specifications and drawings prepared by a | ||||||
11 | structural engineer, as that term is defined in | ||||||
12 | Section 4 of the Structural Engineering Practice Act | ||||||
13 | of 1989, for each proposed small wireless facility | ||||||
14 | covered by the application as it is proposed to be | ||||||
15 | installed; | ||||||
16 | (D) the equipment type and model numbers for the | ||||||
17 | antennas and all other wireless equipment associated | ||||||
18 | with the small wireless facility; | ||||||
19 | (E) a proposed schedule for the installation and | ||||||
20 | completion of each small wireless facility covered by | ||||||
21 | the application, if approved; and | ||||||
22 | (F) certification that the collocation complies | ||||||
23 | with paragraph (6) to the best of the applicant's | ||||||
24 | knowledge ; . | ||||||
25 | (G) a written affidavit signed by a radio | ||||||
26 | frequency engineer certifying: (i) the small wireless |
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| |||||||
1 | facility's compliance with applicable FCC rules and | ||||||
2 | regulations relative to radio frequency emissions; | ||||||
3 | (ii) technical data, such as the frequencies in use, | ||||||
4 | power output levels and antenna specifications, | ||||||
5 | reasonably necessary to evaluate compliance with | ||||||
6 | maximum permissible exposure levels set by the FCC; | ||||||
7 | and (iii) a monitoring plan for the applicant's | ||||||
8 | facility capable of tracking and recording the daily | ||||||
9 | amounts or levels of radio frequency emissions | ||||||
10 | produced by the equipment in order to verify on an | ||||||
11 | ongoing basis that the small wireless facility will | ||||||
12 | not exceed applicable FCC radio frequency emissions. | ||||||
13 | An authority may, in addition, require a baseline test | ||||||
14 | by a wireless provider, at the wireless provider's | ||||||
15 | sole cost and expense, of the radio frequency | ||||||
16 | emissions of a small wireless facility at the time of | ||||||
17 | initial activation, with the results to be provided to | ||||||
18 | the authority; | ||||||
19 | (H) a written report that analyzes acoustic levels | ||||||
20 | for the small wireless facility and all associated | ||||||
21 | equipment including, without limitation, all | ||||||
22 | environmental control units, sump pumps, temporary | ||||||
23 | backup power generators, and permanent backup power | ||||||
24 | generators in order to demonstrate compliance with | ||||||
25 | applicable authority noise regulations. The acoustic | ||||||
26 | analysis must be prepared and certified by an engineer |
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1 | and include an analysis of the manufacturers' | ||||||
2 | specifications for all noise-emitting equipment and a | ||||||
3 | depiction of the proposed equipment relative to all | ||||||
4 | adjacent property lines. In lieu of a written report, | ||||||
5 | the applicant may submit evidence from the equipment | ||||||
6 | manufacturer that the ambient noise emitted from all | ||||||
7 | the proposed equipment will not, both individually and | ||||||
8 | cumulatively, exceed the applicable limits; | ||||||
9 | (I) information showing the small wireless | ||||||
10 | facility has received any required review, such as an | ||||||
11 | environmental assessment and review, by the FCC under | ||||||
12 | the National Environmental Policy Act or is exempt | ||||||
13 | from such requirements. If the applicant claims the | ||||||
14 | small wireless facility is exempt, it must state the | ||||||
15 | basis for the exemption and provide proof, including | ||||||
16 | supporting documents that establish that the facility | ||||||
17 | meets such exemption; and | ||||||
18 | (J) where installation is proposed in a | ||||||
19 | right-of-way that consists of a easement dedicated for | ||||||
20 | compatible use, a certified copy of the original | ||||||
21 | easement documents, and other supporting documentation | ||||||
22 | demonstrating that the applicant has the right to | ||||||
23 | install, mount, maintain, and remove a small wireless | ||||||
24 | facility and associated equipment in or on the | ||||||
25 | easement for the length of the permit. If the | ||||||
26 | applicant is claiming access to the easement as an |
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1 | assignee or successor in interest, the applicant | ||||||
2 | shall, in addition, provide documents demonstrating | ||||||
3 | that its assigned or successor rights in the easement | ||||||
4 | are sufficient to allow it to install, mount, | ||||||
5 | maintain, and remove the small wireless facility and | ||||||
6 | associated equipment for the length of the permit. | ||||||
7 | (3) Subject to paragraph (6), an authority may not | ||||||
8 | require the placement of small wireless facilities on any | ||||||
9 | specific utility pole, or category of utility poles, or | ||||||
10 | require multiple antenna systems on a single utility pole; | ||||||
11 | however, with respect to an application for the | ||||||
12 | collocation of a small wireless facility associated with a | ||||||
13 | new utility pole, an authority may propose that the small | ||||||
14 | wireless facility be collocated on an existing utility | ||||||
15 | pole or existing wireless support structure within 200 100 | ||||||
16 | feet of the proposed collocation, which the applicant | ||||||
17 | shall accept if it has the right to use the alternate | ||||||
18 | structure on reasonable terms and conditions and the | ||||||
19 | alternate location and structure does not impose technical | ||||||
20 | limits or additional material costs as determined by the | ||||||
21 | applicant . The authority may require the applicant to | ||||||
22 | provide a written certification describing the property | ||||||
23 | rights, technical limits or material cost reasons the | ||||||
24 | alternate location does not satisfy the criteria in this | ||||||
25 | paragraph (3). | ||||||
26 | (4) Subject to paragraph (6), an authority may not |
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1 | limit the placement of small wireless facilities mounted | ||||||
2 | on a utility pole or a wireless support structure by | ||||||
3 | minimum horizontal separation distances. | ||||||
4 | (5) An authority may limit the maximum height of a | ||||||
5 | small wireless facility to 10 feet above the utility pole | ||||||
6 | or wireless support structure on which the small wireless | ||||||
7 | facility is collocated. Subject to any applicable waiver, | ||||||
8 | zoning, or other process that addresses wireless provider | ||||||
9 | requests for an exception or variance and does not | ||||||
10 | prohibit granting of such exceptions or variances, the | ||||||
11 | authority may limit the height of new or replacement | ||||||
12 | utility poles or wireless support structures on which | ||||||
13 | small wireless facilities are collocated to the higher of: | ||||||
14 | (i) 10 feet in height above the tallest existing utility | ||||||
15 | pole, other than a utility pole supporting only wireless | ||||||
16 | facilities, that is in place on the date the application | ||||||
17 | is submitted to the authority, that is located within 300 | ||||||
18 | feet of the new or replacement utility pole or wireless | ||||||
19 | support structure and that is in the same right-of-way | ||||||
20 | within the jurisdictional boundary of the authority, | ||||||
21 | provided the authority may designate which intersecting | ||||||
22 | right-of-way within 300 feet of the proposed
utility pole | ||||||
23 | or wireless support structures shall control the height | ||||||
24 | limitation for such facility; or (ii) 45 feet above ground | ||||||
25 | level. | ||||||
26 | (6) An authority may require that: |
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1 | (A) the wireless provider's operation of the small | ||||||
2 | wireless facilities does not interfere with the | ||||||
3 | frequencies used by a public safety agency for public | ||||||
4 | safety communications; a wireless provider shall | ||||||
5 | install small wireless facilities of the type and | ||||||
6 | frequency that will not cause unacceptable | ||||||
7 | interference with a public safety agency's | ||||||
8 | communications equipment; unacceptable interference | ||||||
9 | will be determined by and measured in accordance with | ||||||
10 | industry standards and the FCC's regulations | ||||||
11 | addressing unacceptable interference to public safety | ||||||
12 | spectrum or any other spectrum licensed by a public | ||||||
13 | safety agency; if a small wireless facility causes | ||||||
14 | such interference, and the wireless provider has been | ||||||
15 | given written notice of the interference by the public | ||||||
16 | safety agency, the wireless provider, at its own | ||||||
17 | expense, shall take all reasonable steps necessary to | ||||||
18 | correct and eliminate the interference, including, but | ||||||
19 | not limited to, powering down the small wireless | ||||||
20 | facility and later powering up the small wireless | ||||||
21 | facility for intermittent testing, if necessary; the | ||||||
22 | authority may terminate a permit for a small wireless | ||||||
23 | facility based on such interference if the wireless | ||||||
24 | provider is not making a good faith effort to remedy | ||||||
25 | the problem in a manner consistent with the abatement | ||||||
26 | and resolution procedures for interference with public |
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1 | safety spectrum established by the FCC including 47 | ||||||
2 | CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 | ||||||
3 | through 47 CFR 90.675; | ||||||
4 | (B) the wireless provider comply with requirements | ||||||
5 | that are imposed by a contract between an authority | ||||||
6 | and a private property owner that concern design or | ||||||
7 | construction standards applicable to utility poles and | ||||||
8 | ground-mounted equipment located in the right-of-way; | ||||||
9 | (C) the wireless provider comply with applicable | ||||||
10 | spacing requirements in applicable codes and | ||||||
11 | ordinances concerning the location of ground-mounted | ||||||
12 | equipment located in the right-of-way if the | ||||||
13 | requirements include a waiver, zoning, or other | ||||||
14 | process that addresses wireless provider requests for | ||||||
15 | exception or variance and do not prohibit granting of | ||||||
16 | such exceptions or variances; | ||||||
17 | (D) the wireless provider comply with local code | ||||||
18 | provisions or regulations concerning undergrounding | ||||||
19 | requirements that prohibit the installation of new or | ||||||
20 | the modification of existing utility poles in a | ||||||
21 | right-of-way without prior approval if the | ||||||
22 | requirements include a waiver, zoning, or other | ||||||
23 | process that addresses requests to install such new | ||||||
24 | utility poles or modify such existing utility poles | ||||||
25 | and do not prohibit the replacement of utility poles; | ||||||
26 | (E) the wireless provider comply with generally |
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1 | applicable standards that are consistent with this Act | ||||||
2 | and adopted by an authority for construction and | ||||||
3 | public safety in the rights-of-way, including, but not | ||||||
4 | limited to, reasonable and nondiscriminatory wiring | ||||||
5 | and cabling requirements, grounding requirements, | ||||||
6 | utility pole extension requirements, and signage | ||||||
7 | limitations; and shall comply with reasonable and | ||||||
8 | nondiscriminatory requirements that are consistent | ||||||
9 | with this Act and adopted by an authority regulating | ||||||
10 | the location, size, surface area and height of small | ||||||
11 | wireless facilities, or the abandonment and removal of | ||||||
12 | small wireless facilities; | ||||||
13 | (F) the wireless provider not collocate small | ||||||
14 | wireless facilities on authority utility poles that | ||||||
15 | are part of an electric distribution or transmission | ||||||
16 | system within the communication worker safety zone of | ||||||
17 | the pole or the electric supply zone of the pole; | ||||||
18 | however, the antenna and support equipment of the | ||||||
19 | small wireless facility may be located in the | ||||||
20 | communications space on the authority utility pole and | ||||||
21 | on the top of the pole, if not otherwise unavailable, | ||||||
22 | if the wireless provider complies with applicable | ||||||
23 | codes for work involving the top of the pole; for | ||||||
24 | purposes of this subparagraph (F), the terms | ||||||
25 | "communications space", "communication worker safety | ||||||
26 | zone", and "electric supply zone" have the meanings |
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1 | given to those terms in the National Electric Safety | ||||||
2 | Code as published by the Institute of Electrical and | ||||||
3 | Electronics Engineers; | ||||||
4 | (G) the wireless provider comply with the | ||||||
5 | applicable codes and local code provisions or | ||||||
6 | regulations that concern public safety;
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7 | (H) the wireless provider comply with written | ||||||
8 | design standards that are generally applicable for | ||||||
9 | decorative utility poles, or reasonable stealth, | ||||||
10 | concealment, and aesthetic requirements that are | ||||||
11 | identified by the authority in an ordinance, written | ||||||
12 | policy adopted by the governing board of the | ||||||
13 | authority, a comprehensive plan, or other written | ||||||
14 | design plan that applies to other occupiers of the | ||||||
15 | rights-of-way, including on a historic landmark or in | ||||||
16 | a historic district; and
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17 | (I) subject to subsection (c) of this Section, and | ||||||
18 | except for facilities excluded from evaluation for | ||||||
19 | effects on historic properties
under 47 CFR | ||||||
20 | 1.1307(a)(4), reasonable, technically feasible and | ||||||
21 | non-discriminatory design or concealment measures in a | ||||||
22 | historic district or historic landmark; any such | ||||||
23 | design or concealment measures, including restrictions | ||||||
24 | on a specific category of poles, may not have the | ||||||
25 | effect of prohibiting any provider's technology; such | ||||||
26 | design and concealment measures shall not be |
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1 | considered a part of the small wireless facility for | ||||||
2 | purposes of the size restrictions of a small wireless | ||||||
3 | facility; this paragraph may not be construed to limit | ||||||
4 | an authority's enforcement of historic preservation in | ||||||
5 | conformance with the requirements adopted pursuant to | ||||||
6 | the Illinois State Agency Historic Resources | ||||||
7 | Preservation Act or the National Historic Preservation | ||||||
8 | Act of 1966, 54 U.S.C. Section 300101 et seq., and the | ||||||
9 | regulations adopted to implement those laws.
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10 | (7) Within 30 days after receiving an application, an | ||||||
11 | authority must determine whether the application is | ||||||
12 | complete and notify the applicant. If an application is | ||||||
13 | incomplete, an authority must specifically identify the | ||||||
14 | missing information. An application shall be deemed | ||||||
15 | complete if the authority fails to provide notification to | ||||||
16 | the applicant within 30 days after when all documents, | ||||||
17 | information, and fees specifically enumerated in the | ||||||
18 | authority's permit application form are submitted by the | ||||||
19 | applicant to the authority. Processing deadlines are | ||||||
20 | tolled from the time the authority sends the notice of | ||||||
21 | incompleteness to the time the applicant provides the | ||||||
22 | missing information. | ||||||
23 | (8) An authority shall process applications as | ||||||
24 | follows: | ||||||
25 | (A) an application to collocate a small wireless | ||||||
26 | facility on an existing utility pole or wireless |
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1 | support structure shall be processed on a | ||||||
2 | nondiscriminatory basis and deemed approved if the | ||||||
3 | authority fails to approve or deny the application | ||||||
4 | within 90 days; however, if an applicant intends to | ||||||
5 | proceed with the permitted activity on a deemed | ||||||
6 | approved basis, the applicant must notify the | ||||||
7 | authority in writing of its intention to invoke the | ||||||
8 | deemed approved remedy no sooner than 75 days after | ||||||
9 | the submission of a completed application; the permit | ||||||
10 | shall be deemed approved on the latter of the 90th day | ||||||
11 | after submission of the complete application or the | ||||||
12 | 10th day after the receipt of the deemed approved | ||||||
13 | notice by the authority; the receipt of the deemed | ||||||
14 | approved notice shall not preclude the authority's | ||||||
15 | denial of the permit request within the time limits as | ||||||
16 | provided under this Act; and | ||||||
17 | (B) an application to collocate a small wireless | ||||||
18 | facility that includes the installation of a new | ||||||
19 | utility pole shall be processed on a nondiscriminatory | ||||||
20 | basis and deemed approved if the authority fails to | ||||||
21 | approve or deny the application within 120 days; | ||||||
22 | however, if an applicant intends to proceed with the | ||||||
23 | permitted activity on a deemed approved basis, the | ||||||
24 | applicant must notify the authority in writing of its | ||||||
25 | intention to invoke the deemed approved remedy no | ||||||
26 | sooner than 105 days after the submission of a |
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1 | completed application; the permit shall be deemed | ||||||
2 | approved on the latter of the 120th day after | ||||||
3 | submission of the complete application or the 10th day | ||||||
4 | after the receipt of the deemed approved notice by the | ||||||
5 | authority; the receipt of the deemed approved notice | ||||||
6 | shall not preclude the authority's denial of the | ||||||
7 | permit request within the time limits as provided | ||||||
8 | under this Act. | ||||||
9 | (9) An authority shall approve an application unless | ||||||
10 | the application does not meet the requirements of this | ||||||
11 | Act. If an authority determines that applicable codes, | ||||||
12 | local code provisions or regulations that concern public | ||||||
13 | safety, or the requirements of paragraph (6) require that | ||||||
14 | the utility pole or wireless support structure be replaced | ||||||
15 | before the requested collocation, approval may be | ||||||
16 | conditioned on the replacement of the utility pole or | ||||||
17 | wireless support structure at the cost of the provider. | ||||||
18 | The authority must document the basis for a denial, | ||||||
19 | including the specific code provisions or application | ||||||
20 | conditions on which the denial was based, and send the | ||||||
21 | documentation to the applicant on or before the day the | ||||||
22 | authority denies an application. The applicant may cure | ||||||
23 | the deficiencies identified by the authority and resubmit | ||||||
24 | the revised application once within 30 days after notice | ||||||
25 | of denial is sent to the applicant without paying an | ||||||
26 | additional application fee. The authority shall approve or |
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1 | deny the revised application within 30 days after the | ||||||
2 | applicant resubmits the application or it is deemed | ||||||
3 | approved; however, the applicant must notify the authority | ||||||
4 | in writing of its intention to proceed with the permitted | ||||||
5 | activity on a deemed approved basis, which may be | ||||||
6 | submitted with the resubmitted application. Any subsequent | ||||||
7 | review shall be limited to the deficiencies cited in the | ||||||
8 | denial. However, this revised application cure does not | ||||||
9 | apply if the cure requires the review of a new location, | ||||||
10 | new or different structure to be collocated upon, new | ||||||
11 | antennas, or other wireless equipment associated with the | ||||||
12 | small wireless facility. | ||||||
13 | (10) The time period for applications may be further | ||||||
14 | tolled by: | ||||||
15 | (A) the express agreement in writing by both the | ||||||
16 | applicant and the authority; or | ||||||
17 | (B) a local, State, or federal disaster | ||||||
18 | declaration or similar emergency that causes the | ||||||
19 | delay. | ||||||
20 | (11) An applicant seeking to collocate small wireless | ||||||
21 | facilities within the jurisdiction of a single authority | ||||||
22 | shall be allowed, at the applicant's discretion, to file a | ||||||
23 | consolidated application and receive a single permit for | ||||||
24 | the collocation of up to 25 small wireless facilities if | ||||||
25 | the collocations each involve substantially the same type | ||||||
26 | of small wireless facility and substantially the same type |
| |||||||
| |||||||
1 | of structure. If an application includes multiple small | ||||||
2 | wireless facilities, the authority may remove small | ||||||
3 | wireless facility collocations from the application and | ||||||
4 | treat separately small wireless facility collocations for | ||||||
5 | which incomplete information has been provided or that do | ||||||
6 | not qualify for consolidated treatment or that are denied. | ||||||
7 | The authority may issue separate permits for each | ||||||
8 | collocation that is approved in a consolidated | ||||||
9 | application. | ||||||
10 | (12) Collocation for which a permit is granted shall | ||||||
11 | be completed within 180 days after issuance of the permit, | ||||||
12 | unless the authority and the wireless provider agree to | ||||||
13 | extend this period or a delay is caused by make-ready work | ||||||
14 | for an authority utility pole or by the lack of commercial | ||||||
15 | power or backhaul availability at the site, provided the | ||||||
16 | wireless provider has made a timely request within 60 days | ||||||
17 | after the issuance of the permit for commercial power or | ||||||
18 | backhaul services, and the additional time to complete | ||||||
19 | installation does not exceed 360 days after issuance of | ||||||
20 | the permit. Otherwise, the permit shall be void unless the | ||||||
21 | authority grants an extension in writing to the applicant. | ||||||
22 | (13) The duration of a permit shall be for a period of | ||||||
23 | not less than 5 years, and the permit shall be renewed for | ||||||
24 | equivalent durations unless the authority makes a finding | ||||||
25 | that the small wireless facilities or the new or modified | ||||||
26 | utility pole do not comply with the applicable codes or |
| |||||||
| |||||||
1 | local code provisions or regulations in paragraphs (6) and | ||||||
2 | (9). If this Act is repealed as provided in Section 90, | ||||||
3 | renewals of permits shall be subject to the applicable | ||||||
4 | authority code provisions or regulations in effect at the | ||||||
5 | time of renewal. | ||||||
6 | (14) An authority may not prohibit, either expressly | ||||||
7 | or de facto, the (i) filing, receiving, or processing | ||||||
8 | applications, or (ii) issuing of permits or other | ||||||
9 | approvals, if any, for the collocation of small wireless | ||||||
10 | facilities unless there has been a local, State, or | ||||||
11 | federal disaster declaration or similar emergency that | ||||||
12 | causes the delay. | ||||||
13 | (15) Applicants shall submit applications, supporting | ||||||
14 | information, and notices by personal delivery or as | ||||||
15 | otherwise required by the authority. An authority may | ||||||
16 | require that permits, supporting information, and notices | ||||||
17 | be submitted by personal delivery at the authority's | ||||||
18 | designated place of business, by regular mail postmarked | ||||||
19 | on the date due, or by any other commonly used means, | ||||||
20 | including electronic mail, as required by the authority. | ||||||
21 | (e) Application fees are subject to the following | ||||||
22 | requirements: | ||||||
23 | (1) An authority may charge an application fee of up | ||||||
24 | to $650 for an application to collocate a single small | ||||||
25 | wireless facility on an existing utility pole or wireless | ||||||
26 | support structure and up to $350 for each small wireless |
| |||||||
| |||||||
1 | facility addressed in an application to collocate more | ||||||
2 | than one small wireless facility on existing utility poles | ||||||
3 | or wireless support structures. | ||||||
4 | (2) An authority may charge an application fee of | ||||||
5 | $1,000 for each small wireless facility addressed in an | ||||||
6 | application that includes the installation of a new | ||||||
7 | utility for such collocation. | ||||||
8 | (3) Notwithstanding any contrary provision of State | ||||||
9 | law or local ordinance, applications pursuant to this | ||||||
10 | Section must be accompanied by the required application | ||||||
11 | fee.
| ||||||
12 | (4) Within 2 months after the effective date of this | ||||||
13 | Act, an authority shall make available application fees | ||||||
14 | consistent with this subsection, through ordinance, or in | ||||||
15 | a written schedule of permit fees adopted by the | ||||||
16 | authority.
| ||||||
17 | (f) An authority shall not require an application, | ||||||
18 | approval, or permit, or require any fees or other charges, | ||||||
19 | from a communications service provider authorized to occupy | ||||||
20 | the rights-of-way, for: (i) routine maintenance; (ii) the | ||||||
21 | replacement of wireless facilities with wireless facilities | ||||||
22 | that are substantially similar, the same size, or smaller if | ||||||
23 | the wireless provider notifies the authority at least 10 days | ||||||
24 | prior to the planned replacement and includes equipment | ||||||
25 | specifications for the replacement of equipment consistent | ||||||
26 | with the requirements of subparagraph (D) of paragraph (2) of |
| |||||||
| |||||||
1 | subsection (d) of this Section; or (iii) the installation, | ||||||
2 | placement, maintenance, operation, or replacement of micro | ||||||
3 | wireless facilities that are suspended on cables that are | ||||||
4 | strung between existing utility poles in compliance with | ||||||
5 | applicable safety codes. However, an authority may require a | ||||||
6 | permit to work within rights-of-way for activities that affect | ||||||
7 | traffic patterns or require lane closures. Wireless facilities | ||||||
8 | that vary significantly in design, increase power output, | ||||||
9 | frequency, bandwidth, or performance, change the location of | ||||||
10 | the small wireless facility upon the utility pole or wireless | ||||||
11 | support structure, increase signal strength, or make other | ||||||
12 | modifications in other key components are not substantially | ||||||
13 | similar and are subject to standard application processes, | ||||||
14 | permitting requirements, and fees. | ||||||
15 | (g) Nothing in this Act authorizes a person to collocate | ||||||
16 | small wireless facilities on: (1) property owned by a private | ||||||
17 | party or property owned or controlled by a unit of local | ||||||
18 | government that is not located within rights-of-way, subject | ||||||
19 | to subsection (j) of this Section, or a privately owned | ||||||
20 | utility pole or wireless support structure without the consent | ||||||
21 | of the property owner; (2) property owned, leased, or | ||||||
22 | controlled by a park district, forest preserve district, or | ||||||
23 | conservation district for public park, recreation, or | ||||||
24 | conservation purposes without the consent of the affected | ||||||
25 | district, excluding the placement of facilities on | ||||||
26 | rights-of-way located in an affected district that are under |
| |||||||
| |||||||
1 | the jurisdiction and control of a different unit of local | ||||||
2 | government as provided by the Illinois Highway Code; or (3) | ||||||
3 | property owned by a rail carrier registered under Section | ||||||
4 | 18c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or | ||||||
5 | any other public commuter rail service, or an electric utility | ||||||
6 | as defined in Section 16-102 of the Public Utilities Act, | ||||||
7 | without the consent of the rail carrier, public commuter rail | ||||||
8 | service, or electric utility. The provisions of this Act do | ||||||
9 | not apply to an electric or gas public utility or such | ||||||
10 | utility's wireless facilities if the facilities are being | ||||||
11 | used, developed, and maintained consistent with the provisions | ||||||
12 | of subsection (i) of Section 16-108.5 of the Public Utilities | ||||||
13 | Act. | ||||||
14 | For the purposes of this subsection, "public utility" has | ||||||
15 | the meaning given to that term in Section 3-105 of the Public | ||||||
16 | Utilities Act. Nothing in this Act shall be construed to | ||||||
17 | relieve any person from any requirement (1) to obtain a | ||||||
18 | franchise or a State-issued authorization to offer cable | ||||||
19 | service or video service or (2) to obtain any required | ||||||
20 | permission to install, place, maintain, or operate | ||||||
21 | communications facilities, other than small wireless | ||||||
22 | facilities subject to this Act. | ||||||
23 | (h) Agreements between authorities and wireless providers | ||||||
24 | that relate to the collocation of small wireless facilities in | ||||||
25 | the right-of-way, including the collocation of small wireless | ||||||
26 | facilities on authority utility poles, that are in effect on |
| |||||||
| |||||||
1 | the effective date of this Act remain in effect for all small | ||||||
2 | wireless facilities collocated on the authority's utility | ||||||
3 | poles pursuant to applications submitted to the authority | ||||||
4 | before the effective date of this Act, subject to applicable | ||||||
5 | termination provisions. Such agreements entered into after the | ||||||
6 | effective date of the Act shall comply with the Act. | ||||||
7 | (i) An authority shall allow the collocation of small | ||||||
8 | wireless facilities on authority utility poles subject to the | ||||||
9 | following: | ||||||
10 | (1) An authority may not enter into an exclusive | ||||||
11 | arrangement with any person for the right to attach small | ||||||
12 | wireless facilities to authority utility poles. | ||||||
13 | (2) The rates and fees for collocations on authority | ||||||
14 | utility poles shall be nondiscriminatory regardless of the | ||||||
15 | services provided by the collocating person. | ||||||
16 | (3) An authority may charge an annual recurring rate | ||||||
17 | to collocate a small wireless facility on an authority | ||||||
18 | utility pole located in a right-of-way that equals (i) | ||||||
19 | $200 per year or (ii) the actual, direct, and reasonable | ||||||
20 | costs related to the wireless provider's use of space on | ||||||
21 | the authority utility pole. Rates for collocation on | ||||||
22 | authority utility poles located outside of a right-of-way | ||||||
23 | are not subject to these limitations. In any controversy | ||||||
24 | concerning the appropriateness of a cost-based rate for an | ||||||
25 | authority utility pole located within a right-of-way, the | ||||||
26 | authority shall have the burden of proving that the rate |
| |||||||
| |||||||
1 | does not exceed the actual, direct, and reasonable costs | ||||||
2 | for the applicant's proposed use of the authority utility | ||||||
3 | pole. Nothing in this paragraph (3) prohibits a wireless | ||||||
4 | provider and an authority from mutually agreeing to an | ||||||
5 | annual recurring rate of less than $200 to collocate a | ||||||
6 | small wireless facility on an authority utility pole. | ||||||
7 | (4) Authorities or other persons owning or controlling | ||||||
8 | authority utility poles within the right-of-way shall | ||||||
9 | offer rates, fees, and other terms that comply with | ||||||
10 | subparagraphs (A) through (E) of this paragraph (4). | ||||||
11 | Within 2 months after the effective date of this Act, an | ||||||
12 | authority or a person owning or controlling authority | ||||||
13 | utility poles shall make available, through ordinance or | ||||||
14 | an authority utility pole attachment agreement, license or | ||||||
15 | other agreement that makes available to wireless | ||||||
16 | providers, the rates, fees, and terms for the collocation | ||||||
17 | of small wireless facilities on authority utility poles | ||||||
18 | that comply with this Act and with subparagraphs (A) | ||||||
19 | through (E) of this paragraph (4). In the absence of such | ||||||
20 | an ordinance or agreement that complies with this Act, and | ||||||
21 | until such a compliant ordinance or agreement is adopted, | ||||||
22 | wireless providers may collocate small wireless facilities | ||||||
23 | and install utility poles under the requirements of this | ||||||
24 | Act. | ||||||
25 | (A) The rates, fees, and terms must be | ||||||
26 | nondiscriminatory, competitively neutral, and |
| |||||||
| |||||||
1 | commercially reasonable, and may address, among other | ||||||
2 | requirements, the requirements in subparagraphs (A) | ||||||
3 | through (I) of paragraph (6) of subsection (d) of this | ||||||
4 | Section; subsections (e), (i), and (k) of this | ||||||
5 | Section; Section 30; and Section 35, and must comply | ||||||
6 | with this Act. | ||||||
7 | (B) For authority utility poles that support | ||||||
8 | aerial facilities used to provide communications | ||||||
9 | services or electric service, wireless providers shall | ||||||
10 | comply with the process for make-ready work under 47 | ||||||
11 | U.S.C. 224 and its implementing regulations, and the | ||||||
12 | authority shall follow a substantially similar process | ||||||
13 | for make-ready work except to the extent that the | ||||||
14 | timing requirements are otherwise addressed in this | ||||||
15 | Act. The good-faith estimate of the person owning or | ||||||
16 | controlling the authority utility pole for any | ||||||
17 | make-ready work necessary to enable the pole to | ||||||
18 | support the requested collocation shall include | ||||||
19 | authority utility pole replacement, if necessary. | ||||||
20 | (C) For authority utility poles that do not | ||||||
21 | support aerial facilities used to provide | ||||||
22 | communications services or electric service, the | ||||||
23 | authority shall provide a good-faith estimate for any | ||||||
24 | make-ready work necessary to enable the authority | ||||||
25 | utility pole to support the requested collocation, | ||||||
26 | including pole replacement, if necessary, within 90 |
| |||||||
| |||||||
1 | days after receipt of a complete application. | ||||||
2 | Make-ready work, including any authority utility pole | ||||||
3 | replacement, shall be completed within 60 days of | ||||||
4 | written acceptance of the good-faith estimate by the | ||||||
5 | applicant at the wireless provider's sole cost and | ||||||
6 | expense. Alternatively, if the authority determines | ||||||
7 | that applicable codes or public safety regulations | ||||||
8 | require the authority utility pole to be replaced to | ||||||
9 | support the requested collocation, the authority may | ||||||
10 | require the wireless provider to replace the authority | ||||||
11 | utility pole at the wireless provider's sole cost and | ||||||
12 | expense. | ||||||
13 | (D) The authority shall not require more | ||||||
14 | make-ready work than required to meet applicable codes | ||||||
15 | or industry standards. Make-ready work may include | ||||||
16 | work needed to accommodate additional public safety | ||||||
17 | communications needs that are identified in a | ||||||
18 | documented and approved plan for the deployment of | ||||||
19 | public safety equipment as specified in paragraph (1) | ||||||
20 | of subsection (d) of this Section and included in an | ||||||
21 | existing or preliminary authority or public service | ||||||
22 | agency budget for attachment within one year of the | ||||||
23 | application. Fees for make-ready work, including any | ||||||
24 | authority utility pole replacement, shall not exceed | ||||||
25 | actual costs or the amount charged to communications | ||||||
26 | service providers for similar work and shall not |
| |||||||
| |||||||
1 | include any consultants' fees or expenses for | ||||||
2 | authority utility poles that do not support aerial | ||||||
3 | facilities used to provide communications services or | ||||||
4 | electric service. Make-ready work, including any pole | ||||||
5 | replacement, shall be completed within 60 days of | ||||||
6 | written acceptance of the good-faith estimate by the | ||||||
7 | wireless provider, at its sole cost and expense. | ||||||
8 | (E) A wireless provider that has an existing | ||||||
9 | agreement with the authority on the effective date of | ||||||
10 | the Act may accept the rates, fees, and terms that an | ||||||
11 | authority makes available under this Act for the | ||||||
12 | collocation of small wireless facilities or the | ||||||
13 | installation of new utility poles for the collocation | ||||||
14 | of small wireless facilities that are the subject of | ||||||
15 | an application submitted 2 or more years after the | ||||||
16 | effective date of the Act as provided in this | ||||||
17 | paragraph (4) by notifying the authority that it opts | ||||||
18 | to accept such rates, fees, and terms. The existing | ||||||
19 | agreement remains in effect, subject to applicable | ||||||
20 | termination provisions, for the small wireless | ||||||
21 | facilities the wireless provider has collocated on the | ||||||
22 | authority's utility poles pursuant to applications | ||||||
23 | submitted to the authority before the wireless | ||||||
24 | provider provides such notice and exercises its option | ||||||
25 | under this subparagraph. | ||||||
26 | (j) An authority shall authorize the collocation of small |
| |||||||
| |||||||
1 | wireless facilities on utility poles owned or controlled by | ||||||
2 | the authority that are not located within rights-of-way to the | ||||||
3 | same extent the authority currently permits access to utility | ||||||
4 | poles for other commercial projects or uses. The collocations | ||||||
5 | shall be subject to reasonable and nondiscriminatory rates, | ||||||
6 | fees, and terms as provided in an agreement between the | ||||||
7 | authority and the wireless provider. | ||||||
8 | (k) Nothing in this Section precludes an authority from | ||||||
9 | adopting reasonable rules with respect to the removal of | ||||||
10 | abandoned small wireless facilities. A small wireless facility | ||||||
11 | that is not operated for a continuous period of 12 months shall | ||||||
12 | be considered abandoned and the owner of the facility must | ||||||
13 | remove the small wireless facility and any associated wireless | ||||||
14 | support structure or utility pole within 90 days after receipt | ||||||
15 | of written notice from the authority notifying the owner of | ||||||
16 | the abandonment. The requirement that a wireless support | ||||||
17 | structure or utility pole associated with an abandoned small | ||||||
18 | wireless facility be removed does not apply if the owner does | ||||||
19 | not own or otherwise have the right to remove the structure or | ||||||
20 | pole, and does not apply to authority-owned utility poles | ||||||
21 | unless requested by the authority. The notice shall be sent by | ||||||
22 | certified or registered mail, return receipt requested, by the | ||||||
23 | authority to the owner at the last known address of the owner. | ||||||
24 | If the small wireless facility and associated wireless support | ||||||
25 | structure or utility pole, if any, is not removed within 90 | ||||||
26 | days of such notice, the authority may remove or cause the |
| |||||||
| |||||||
1 | removal of the such facility and associated structure or pole | ||||||
2 | pursuant to the terms of its pole attachment agreement for | ||||||
3 | authority utility poles or through whatever actions are | ||||||
4 | provided for abatement of nuisances or by other law for | ||||||
5 | removal and cost recovery. An authority may require a wireless | ||||||
6 | provider to provide written notice to the authority if it | ||||||
7 | sells or transfers small wireless facilities subject to this | ||||||
8 | Act within the jurisdictional boundary of the authority. Such | ||||||
9 | notice shall include the name and contact information of the | ||||||
10 | new wireless provider. | ||||||
11 | (l) Nothing in this Section requires an authority to | ||||||
12 | install or maintain any specific utility pole or to continue | ||||||
13 | to install or maintain utility poles in any location if the | ||||||
14 | authority makes a non-discriminatory decision to eliminate | ||||||
15 | above-ground utility poles of a particular type generally, | ||||||
16 | such as electric utility poles, in all or a significant | ||||||
17 | portion of its geographic jurisdiction. For authority utility | ||||||
18 | poles with collocated small wireless facilities in place when | ||||||
19 | an authority makes a decision to eliminate above-ground | ||||||
20 | utility poles of a particular type generally, the authority | ||||||
21 | shall either (i) continue to maintain the authority utility | ||||||
22 | pole or install and maintain a reasonable alternative utility | ||||||
23 | pole or wireless support structure for the collocation of the | ||||||
24 | small wireless facility, or (ii) offer to sell the utility | ||||||
25 | pole to the wireless provider at a reasonable cost or allow the | ||||||
26 | wireless provider to install its own utility pole so it can |
| |||||||
| |||||||
1 | maintain service from that location. | ||||||
2 | (m) Nothing in this Section precludes an authority from | ||||||
3 | adopting reasonable rules requiring providers, where feasible, | ||||||
4 | as new technology becomes available, and after receiving all | ||||||
5 | necessary permits and approvals required by the authority, to: | ||||||
6 | (1) Place above-ground small wireless facilities and | ||||||
7 | associated equipment, including accessory equipment that | ||||||
8 | has been mounted to a utility pole or wireless support | ||||||
9 | structure, below ground, at the wireless provider's sole | ||||||
10 | cost and expense. | ||||||
11 | (2) When replacing larger, more visually intrusive | ||||||
12 | small wireless facilities with smaller, less visually | ||||||
13 | intrusive facilities, to replace them with facilities with | ||||||
14 | the smallest visual profile, to the extent such facilities | ||||||
15 | are commercially available, technologically compatible | ||||||
16 | with the wireless provider's local network system, and | ||||||
17 | already used in the wireless provider's national or | ||||||
18 | regional wireless network system.
| ||||||
19 | (Source: P.A. 100-585, eff. 6-1-18 .) | ||||||
20 | (50 ILCS 840/45 new) | ||||||
21 | Sec. 45. Radio frequency compliance. Wireless providers | ||||||
22 | shall comply with the FCC's radio frequency emissions | ||||||
23 | standards at all times. Wireless providers may be required by | ||||||
24 | an ordinance of an authority to perform on-going monitoring of | ||||||
25 | small wireless facilities to ensure all equipment continues to |
| |||||||
| |||||||
1 | operate within allowable FCC radio frequency emission ranges | ||||||
2 | and to provide, on either a quarterly or annual basis, as | ||||||
3 | determined by an authority, a certification with supporting | ||||||
4 | information confirming whether all of the wireless provider's | ||||||
5 | small wireless facilities within an authority's jurisdiction | ||||||
6 | operated in compliance with all FCC radio frequency emission | ||||||
7 | limits during the quarterly or annual reporting period. The | ||||||
8 | certified quarterly or annual report shall, where required, be | ||||||
9 | delivered to the attention of the chief executive officer of | ||||||
10 | the authority by the 30th of the month following the end of the | ||||||
11 | calendar quarter or year, as applicable. A wireless provider | ||||||
12 | shall, upon request of an authority at any time, perform radio | ||||||
13 | frequency testing of all or specific small wireless | ||||||
14 | facilities, provide such testing results to the authority, and | ||||||
15 | shall promptly respond to all authority requests for | ||||||
16 | information or cooperation with respect to any of the | ||||||
17 | foregoing. Authority staff may, at an authority's option, | ||||||
18 | accompany the wireless provider or its agents in the | ||||||
19 | performance of such testing. An authority has the right, but | ||||||
20 | not the obligation, to employ a qualified radio frequency | ||||||
21 | engineer to conduct periodic random and unannounced testing of | ||||||
22 | permitted small wireless facilities to determine their | ||||||
23 | compliance with all FCC radio frequency emission limits. In | ||||||
24 | the event the authority decides to perform its own testing on | ||||||
25 | small wireless facilities the authority may, where it deems it | ||||||
26 | necessary, request that the wireless provider be present for |
| |||||||
| |||||||
1 | the test. Any small wireless facility found not to comply with | ||||||
2 | FCC radio frequency emission standards shall be immediately | ||||||
3 | reported by the wireless provider to the FCC, with a copy of | ||||||
4 | such report sent at the same time to the chief executive | ||||||
5 | officer of the authority and shall be powered-down, adjusted, | ||||||
6 | repaired, replaced, shut off, or removed by the wireless | ||||||
7 | provider within 3 calendar days of the provider becoming aware | ||||||
8 | of the violation. Small wireless facilities that exceed the | ||||||
9 | FCC's radio frequency emissions standards are declared a | ||||||
10 | public nuisance and may be summarily abated by an authority. | ||||||
11 | Failure by a wireless provider to cure a violation of the FCC | ||||||
12 | radio frequency emission standards within 3 calendar days may | ||||||
13 | result in a revocation of the applicable small wireless | ||||||
14 | facility permit and a citation for maintaining a public | ||||||
15 | nuisance with a fine in the amount of $750, with each day of | ||||||
16 | continued operation without cure being a separate violation. | ||||||
17 | If an authority determines through its own testing that a | ||||||
18 | small wireless facility is not in compliance with any legal | ||||||
19 | requirements or conditions related to radio frequency, the | ||||||
20 | wireless provider shall, in addition to the other requirements | ||||||
21 | of this Section, be responsible for all costs and expenses | ||||||
22 | incurred by the authority in connection with the | ||||||
23 | investigation, testing, enforcement, or remediation of such | ||||||
24 | noncompliance.
| ||||||
25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law. |