Illinois General Assembly - Full Text of HB1738
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Full Text of HB1738  102nd General Assembly




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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Small Wireless Facilities Deployment Act is
5reenacted and amended as follows:
6    (50 ILCS 840/Act title)
7An Act concerning local government.
8    (50 ILCS 840/1)  (was 50 ILCS 835/1)
9    Sec. 1. Short title. This Act may be cited as the Small
10Wireless Facilities Deployment Act.
11(Source: P.A. 100-585, eff. 6-1-18.)
12    (50 ILCS 840/5)  (was 50 ILCS 835/5)
13    Sec. 5. Legislative intent. Small wireless facilities are
14critical to delivering wireless access to advanced technology,
15broadband, and 9-1-1 services to homes, businesses, and
16schools in Illinois. Because of the integral role that the
17delivery of wireless technology plays in the economic vitality
18of the State of Illinois and in the lives of its citizens, the
19General Assembly has determined that a law addressing the
20deployment of wireless technology is of vital interest to the
21State. To ensure that public and private Illinois consumers



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1continue to benefit from these services as soon as possible
2and to ensure that providers of wireless access have a fair and
3predictable process for the deployment of small wireless
4facilities in a manner consistent with the character of the
5area in which the small wireless facilities are deployed, the
6General Assembly is enacting this Act, which specifies how
7local authorities may regulate the collocation of small
8wireless facilities.
9(Source: P.A. 100-585, eff. 6-1-18.)
10    (50 ILCS 840/7)  (was 50 ILCS 835/7)
11    Sec. 7. Applicability. This Act does not apply to a
12municipality with a population of 1,000,000 or more.
13(Source: P.A. 100-585, eff. 6-1-18.)
14    (50 ILCS 840/10)  (was 50 ILCS 835/10)
15    Sec. 10. Definitions. As used in this Act:
16    "Antenna" means communications equipment that transmits or
17receives electromagnetic radio frequency signals used in the
18provision of wireless services.
19    "Applicable codes" means uniform building, fire,
20electrical, plumbing, or mechanical codes adopted by a
21recognized national code organization or local amendments to
22those codes, including the National Electric Safety Code.
23    "Applicant" means any person who submits an application
24and is a wireless provider.



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1    "Application" means a request submitted by an applicant to
2an authority for a permit to collocate small wireless
3facilities, and a request that includes the installation of a
4new utility pole for such collocation, as well as any
5applicable fee for the review of such application.
6    "Authority" means a unit of local government that has
7jurisdiction and control for use of public rights-of-way as
8provided by the Illinois Highway Code for placements within
9public rights-of-way or has zoning or land use control for
10placements not within public rights-of-way.
11    "Authority utility pole" means a utility pole owned or
12operated by an authority in public rights-of-way.
13    "Collocate" or "collocation" means to install, mount,
14maintain, modify, operate, or replace wireless facilities on
15or adjacent to a wireless support structure or utility pole.
16    "Communications service" means cable service, as defined
17in 47 U.S.C. 522(6), as amended; information service, as
18defined in 47 U.S.C. 153(24), as amended; telecommunications
19service, as defined in 47 U.S.C. 153(53), as amended; mobile
20service, as defined in 47 U.S.C. 153(33), as amended; or
21wireless service other than mobile service.
22    "Communications service provider" means a cable operator,
23as defined in 47 U.S.C. 522(5), as amended; a provider of
24information service, as defined in 47 U.S.C. 153(24), as
25amended; a telecommunications carrier, as defined in 47 U.S.C.
26153(51), as amended; or a wireless provider.



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1    "FCC" means the Federal Communications Commission of the
2United States.
3    "Fee" means a one-time charge.
4    "Historic district" or "historic landmark" means a
5building, property, or site, or group of buildings,
6properties, or sites that are either (i) listed in the
7National Register of Historic Places or formally determined
8eligible for listing by the Keeper of the National Register,
9the individual who has been delegated the authority by the
10federal agency to list properties and determine their
11eligibility for the National Register, in accordance with
12Section VI.D.1.a.i through Section VI.D.1.a.v of the
13Nationwide Programmatic Agreement codified at 47 CFR Part 1,
14Appendix C; or (ii) designated as a locally landmarked
15building, property, site, or historic district by an ordinance
16adopted by the authority pursuant to a preservation program
17that meets the requirements of the Certified Local Government
18Program of the Illinois State Historic Preservation Office or
19where such certification of the preservation program by the
20Illinois State Historic Preservation Office is pending.
21    "Law" means a federal or State statute, common law, code,
22rule, regulation, order, or local ordinance or resolution.
23    "Micro wireless facility" means a small wireless facility
24that is not larger in dimension than 24 inches in length, 15
25inches in width, and 12 inches in height and that has an
26exterior antenna, if any, no longer than 11 inches.



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1    "Permit" means a written authorization required by an
2authority to perform an action or initiate, continue, or
3complete a project.
4    "Person" means an individual, corporation, limited
5liability company, partnership, association, trust, or other
6entity or organization, including an authority.
7    "Public safety agency" means the functional division of
8the federal government, the State, a unit of local government,
9or a special purpose district located in whole or in part
10within this State, that provides or has authority to provide
11firefighting, police, ambulance, medical, or other emergency
12services to respond to and manage emergency incidents.
13    "Rate" means a recurring charge.
14    "Right-of-way" means the area on, below, or above a public
15roadway, highway, street, public sidewalk, alley, or utility
16easement dedicated for compatible use. "Right-of-way" does not
17include authority-owned aerial lines.
18    "Small wireless facility" means a wireless facility that
19meets both of the following qualifications: (i) each antenna
20is located inside an enclosure of no more than 6 cubic feet in
21volume or, in the case of an antenna that has exposed elements,
22the antenna and all of its exposed elements could fit within an
23imaginary enclosure of no more than 6 cubic feet; and (ii) all
24other wireless equipment attached directly to a utility pole
25associated with the facility is cumulatively no more than 25
26cubic feet in volume. The following types of associated



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1ancillary equipment are not included in the calculation of
2equipment volume: electric meter, concealment elements,
3telecommunications demarcation box, ground-based enclosures,
4grounding equipment, power transfer switch, cut-off switch,
5and vertical cable runs for the connection of power and other
7    "Utility pole" means a pole or similar structure that is
8used in whole or in part by a communications service provider
9or for electric distribution, lighting, traffic control, or a
10similar function.
11    "Wireless facility" means equipment at a fixed location
12that enables wireless communications between user equipment
13and a communications network, including: (i) equipment
14associated with wireless communications; and (ii) radio
15transceivers, antennas, coaxial or fiber-optic cable, regular
16and backup power supplies, and comparable equipment,
17regardless of technological configuration. "Wireless facility"
18includes small wireless facilities. "Wireless facility" does
19not include: (i) the structure or improvements on, under, or
20within which the equipment is collocated; or (ii) wireline
21backhaul facilities, coaxial or fiber optic cable that is
22between wireless support structures or utility poles or
23coaxial, or fiber optic cable that is otherwise not
24immediately adjacent to or directly associated with an
26    "Wireless infrastructure provider" means any person



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1authorized to provide telecommunications service in the State
2that builds or installs wireless communication transmission
3equipment, wireless facilities, wireless support structures,
4or utility poles and that is not a wireless services provider
5but is acting as an agent or a contractor for a wireless
6services provider for the application submitted to the
8    "Wireless provider" means a wireless infrastructure
9provider or a wireless services provider.
10    "Wireless services" means any services provided to the
11general public, including a particular class of customers, and
12made available on a nondiscriminatory basis using licensed or
13unlicensed spectrum, whether at a fixed location or mobile,
14provided using wireless facilities.
15    "Wireless services provider" means a person who provides
16wireless services.
17    "Wireless support structure" means a freestanding
18structure, such as a monopole; tower, either guyed or
19self-supporting; billboard; or other existing or proposed
20structure designed to support or capable of supporting
21wireless facilities. "Wireless support structure" does not
22include a utility pole.
23(Source: P.A. 100-585, eff. 6-1-18.)
24    (50 ILCS 840/15)  (was 50 ILCS 835/15)
25    Sec. 15. Regulation of small wireless facilities.



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1    (a) This Section applies to activities of a wireless
2provider within or outside rights-of-way.
3    (b) Except as provided in this Section, an authority may
4not prohibit, regulate, or charge for the collocation of small
5wireless facilities.
6    (c) Small wireless facilities shall be classified as
7permitted uses and subject to administrative review in
8conformance with this Act, except as provided in paragraph (5)
9of subsection (d) of this Section regarding height exceptions
10or variances, but not subject to zoning review or approval if
11they are collocated (i) in rights-of-way in any zone, or (ii)
12outside rights-of-way in property zoned exclusively for
13commercial or industrial use.
14    (d) An authority may require an applicant to obtain one or
15more permits to collocate a small wireless facility. An
16authority shall receive applications for, process, and issue
17permits subject to the following requirements:
18        (1) An authority may not directly or indirectly
19    require an applicant to perform services unrelated to the
20    collocation for which approval is sought, such as in-kind
21    contributions to the authority, including reserving fiber,
22    conduit, or utility pole space for the authority on the
23    wireless provider's utility pole. An authority may reserve
24    space on authority utility poles for future public safety
25    uses or for the authority's electric utility uses, but a
26    reservation of space may not preclude the collocation of a



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1    small wireless facility unless the authority reasonably
2    determines that the authority utility pole cannot
3    accommodate both uses.
4        (2) An applicant shall not be required to provide more
5    information to obtain a permit than the authority requires
6    of a communications service provider that is not a
7    wireless provider that requests to attach facilities to a
8    structure; however, a wireless provider may be required to
9    provide the following information when seeking a permit to
10    collocate small wireless facilities on a utility pole or
11    wireless support structure:
12            (A) site specific structural integrity and, for an
13        authority utility pole, make-ready analysis prepared
14        by a structural engineer, as that term is defined in
15        Section 4 of the Structural Engineering Practice Act
16        of 1989;
17            (B) the location where each proposed small
18        wireless facility or utility pole would be installed
19        and photographs of the location and its immediate
20        surroundings depicting the utility poles or structures
21        on which each proposed small wireless facility would
22        be mounted or location where utility poles or
23        structures would be installed;
24            (C) specifications and drawings prepared by a
25        structural engineer, as that term is defined in
26        Section 4 of the Structural Engineering Practice Act



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1        of 1989, for each proposed small wireless facility
2        covered by the application as it is proposed to be
3        installed;
4            (D) the equipment type and model numbers for the
5        antennas and all other wireless equipment associated
6        with the small wireless facility;
7            (E) a proposed schedule for the installation and
8        completion of each small wireless facility covered by
9        the application, if approved;
10            (F) certification that the collocation complies
11        with paragraph (6) to the best of the applicant's
12        knowledge; and
13            (G) the wireless provider's certification from a
14        radio engineer that it operates the small wireless
15        facility within all applicable FCC standards.
16        (3) Subject to paragraph (6), an authority may not
17    require the placement of small wireless facilities on any
18    specific utility pole, or category of utility poles, or
19    require multiple antenna systems on a single utility pole;
20    however, with respect to an application for the
21    collocation of a small wireless facility associated with a
22    new utility pole, an authority may propose that the small
23    wireless facility be collocated on an existing utility
24    pole or existing wireless support structure within 200
25    feet of the proposed collocation, which the applicant
26    shall accept if it has the right to use the alternate



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1    structure on reasonable terms and conditions and the
2    alternate location and structure does not impose technical
3    limits or additional material costs as determined by the
4    applicant. The authority may require the applicant to
5    provide a written certification describing the property
6    rights, technical limits or material cost reasons the
7    alternate location does not satisfy the criteria in this
8    paragraph (3).
9        (4) Subject to paragraph (6), an authority may not
10    limit the placement of small wireless facilities mounted
11    on a utility pole or a wireless support structure by
12    minimum horizontal separation distances.
13        (5) An authority may limit the maximum height of a
14    small wireless facility to 10 feet above the utility pole
15    or wireless support structure on which the small wireless
16    facility is collocated. Subject to any applicable waiver,
17    zoning, or other process that addresses wireless provider
18    requests for an exception or variance and does not
19    prohibit granting of such exceptions or variances, the
20    authority may limit the height of new or replacement
21    utility poles or wireless support structures on which
22    small wireless facilities are collocated to the higher of:
23    (i) 10 feet in height above the tallest existing utility
24    pole, other than a utility pole supporting only wireless
25    facilities, that is in place on the date the application
26    is submitted to the authority, that is located within 300



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1    feet of the new or replacement utility pole or wireless
2    support structure and that is in the same right-of-way
3    within the jurisdictional boundary of the authority,
4    provided the authority may designate which intersecting
5    right-of-way within 300 feet of the proposed utility pole
6    or wireless support structures shall control the height
7    limitation for such facility; or (ii) 45 feet above ground
8    level.
9        (6) An authority may require that:
10            (A) the wireless provider's operation of the small
11        wireless facilities does not interfere with the
12        frequencies used by a public safety agency for public
13        safety communications; a wireless provider shall
14        install small wireless facilities of the type and
15        frequency that will not cause unacceptable
16        interference with a public safety agency's
17        communications equipment; unacceptable interference
18        will be determined by and measured in accordance with
19        industry standards and the FCC's regulations
20        addressing unacceptable interference to public safety
21        spectrum or any other spectrum licensed by a public
22        safety agency; if a small wireless facility causes
23        such interference, and the wireless provider has been
24        given written notice of the interference by the public
25        safety agency, the wireless provider, at its own
26        expense, shall take all reasonable steps necessary to



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1        correct and eliminate the interference, including, but
2        not limited to, powering down the small wireless
3        facility and later powering up the small wireless
4        facility for intermittent testing, if necessary; the
5        authority may terminate a permit for a small wireless
6        facility based on such interference if the wireless
7        provider is not making a good faith effort to remedy
8        the problem in a manner consistent with the abatement
9        and resolution procedures for interference with public
10        safety spectrum established by the FCC including 47
11        CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672
12        through 47 CFR 90.675;
13            (B) the wireless provider comply with requirements
14        that are imposed by a contract between an authority
15        and a private property owner that concern design or
16        construction standards applicable to utility poles and
17        ground-mounted equipment located in the right-of-way;
18            (C) the wireless provider comply with applicable
19        spacing requirements in applicable codes and
20        ordinances concerning the location of ground-mounted
21        equipment located in the right-of-way if the
22        requirements include a waiver, zoning, or other
23        process that addresses wireless provider requests for
24        exception or variance and do not prohibit granting of
25        such exceptions or variances;
26            (D) the wireless provider comply with local code



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1        provisions or regulations concerning undergrounding
2        requirements that prohibit the installation of new or
3        the modification of existing utility poles in a
4        right-of-way without prior approval if the
5        requirements include a waiver, zoning, or other
6        process that addresses requests to install such new
7        utility poles or modify such existing utility poles
8        and do not prohibit the replacement of utility poles;
9            (E) the wireless provider comply with generally
10        applicable standards that are consistent with this Act
11        and adopted by an authority for construction and
12        public safety in the rights-of-way, including, but not
13        limited to, reasonable and nondiscriminatory wiring
14        and cabling requirements, grounding requirements,
15        utility pole extension requirements, acoustic
16        regulations, and signage limitations; and shall comply
17        with reasonable and nondiscriminatory requirements
18        that are consistent with this Act and adopted by an
19        authority regulating the location, size, surface area
20        and height of small wireless facilities, or the
21        abandonment and removal of small wireless facilities;
22            (F) the wireless provider not collocate small
23        wireless facilities on authority utility poles that
24        are part of an electric distribution or transmission
25        system within the communication worker safety zone of
26        the pole or the electric supply zone of the pole;



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1        however, the antenna and support equipment of the
2        small wireless facility may be located in the
3        communications space on the authority utility pole and
4        on the top of the pole, if not otherwise unavailable,
5        if the wireless provider complies with applicable
6        codes for work involving the top of the pole; for
7        purposes of this subparagraph (F), the terms
8        "communications space", "communication worker safety
9        zone", and "electric supply zone" have the meanings
10        given to those terms in the National Electric Safety
11        Code as published by the Institute of Electrical and
12        Electronics Engineers;
13            (G) the wireless provider comply with the
14        applicable codes and local code provisions or
15        regulations that concern public safety;
16            (H) the wireless provider comply with written
17        design standards that are generally applicable for
18        decorative utility poles, or reasonable stealth,
19        concealment, and aesthetic requirements that are
20        identified by the authority in an ordinance, written
21        policy adopted by the governing board of the
22        authority, a comprehensive plan, or other written
23        design plan that applies to other occupiers of the
24        rights-of-way, including on a historic landmark or in
25        a historic district;
26            (I) subject to subsection (c) of this Section, and



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1        except for facilities excluded from evaluation for
2        effects on historic properties under 47 CFR
3        1.1307(a)(4), reasonable, technically feasible and
4        non-discriminatory design or concealment measures in a
5        historic district or historic landmark; any such
6        design or concealment measures, including restrictions
7        on a specific category of poles, may not have the
8        effect of prohibiting any provider's technology; such
9        design and concealment measures shall not be
10        considered a part of the small wireless facility for
11        purposes of the size restrictions of a small wireless
12        facility; this paragraph may not be construed to limit
13        an authority's enforcement of historic preservation in
14        conformance with the requirements adopted pursuant to
15        the Illinois State Agency Historic Resources
16        Preservation Act or the National Historic Preservation
17        Act of 1966, 54 U.S.C. Section 300101 et seq., and the
18        regulations adopted to implement those laws; and
19            (J) When a wireless provider replaces or adds a
20        new radio transceiver or antennas to an existing small
21        wireless facility, certification by the wireless
22        provider from a radio engineer that the continuing
23        operation of the small wireless facility complies with
24        all applicable FCC standards.
25        (7) Within 30 days after receiving an application, an
26    authority must determine whether the application is



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1    complete and notify the applicant. If an application is
2    incomplete, an authority must specifically identify the
3    missing information. An application shall be deemed
4    complete if the authority fails to provide notification to
5    the applicant within 30 days after when all documents,
6    information, and fees specifically enumerated in the
7    authority's permit application form are submitted by the
8    applicant to the authority. Processing deadlines are
9    tolled from the time the authority sends the notice of
10    incompleteness to the time the applicant provides the
11    missing information.
12        (8) An authority shall process applications as
13    follows:
14            (A) an application to collocate a small wireless
15        facility on an existing utility pole or wireless
16        support structure shall be processed on a
17        nondiscriminatory basis and deemed approved if the
18        authority fails to approve or deny the application
19        within 90 days; however, if an applicant intends to
20        proceed with the permitted activity on a deemed
21        approved basis, the applicant must notify the
22        authority in writing of its intention to invoke the
23        deemed approved remedy no sooner than 75 days after
24        the submission of a completed application; the permit
25        shall be deemed approved on the latter of the 90th day
26        after submission of the complete application or the



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1        10th day after the receipt of the deemed approved
2        notice by the authority; the receipt of the deemed
3        approved notice shall not preclude the authority's
4        denial of the permit request within the time limits as
5        provided under this Act; and
6            (B) an application to collocate a small wireless
7        facility that includes the installation of a new
8        utility pole shall be processed on a nondiscriminatory
9        basis and deemed approved if the authority fails to
10        approve or deny the application within 120 days;
11        however, if an applicant intends to proceed with the
12        permitted activity on a deemed approved basis, the
13        applicant must notify the authority in writing of its
14        intention to invoke the deemed approved remedy no
15        sooner than 105 days after the submission of a
16        completed application; the permit shall be deemed
17        approved on the latter of the 120th day after
18        submission of the complete application or the 10th day
19        after the receipt of the deemed approved notice by the
20        authority; the receipt of the deemed approved notice
21        shall not preclude the authority's denial of the
22        permit request within the time limits as provided
23        under this Act.
24        (9) An authority shall approve an application unless
25    the application does not meet the requirements of this
26    Act. If an authority determines that applicable codes,



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1    local code provisions or regulations that concern public
2    safety, or the requirements of paragraph (6) require that
3    the utility pole or wireless support structure be replaced
4    before the requested collocation, approval may be
5    conditioned on the replacement of the utility pole or
6    wireless support structure at the cost of the provider.
7    The authority must document the basis for a denial,
8    including the specific code provisions or application
9    conditions on which the denial was based, and send the
10    documentation to the applicant on or before the day the
11    authority denies an application. The applicant may cure
12    the deficiencies identified by the authority and resubmit
13    the revised application once within 30 days after notice
14    of denial is sent to the applicant without paying an
15    additional application fee. The authority shall approve or
16    deny the revised application within 30 days after the
17    applicant resubmits the application or it is deemed
18    approved; however, the applicant must notify the authority
19    in writing of its intention to proceed with the permitted
20    activity on a deemed approved basis, which may be
21    submitted with the resubmitted application. Any subsequent
22    review shall be limited to the deficiencies cited in the
23    denial. However, this revised application cure does not
24    apply if the cure requires the review of a new location,
25    new or different structure to be collocated upon, new
26    antennas, or other wireless equipment associated with the



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1    small wireless facility.
2        (10) The time period for applications may be further
3    tolled by:
4            (A) the express agreement in writing by both the
5        applicant and the authority; or
6            (B) a local, State, or federal disaster
7        declaration or similar emergency that causes the
8        delay.
9        (11) An applicant seeking to collocate small wireless
10    facilities within the jurisdiction of a single authority
11    shall be allowed, at the applicant's discretion, to file a
12    consolidated application and receive a single permit for
13    the collocation of up to 25 small wireless facilities if
14    the collocations each involve substantially the same type
15    of small wireless facility and substantially the same type
16    of structure. If an application includes multiple small
17    wireless facilities, the authority may remove small
18    wireless facility collocations from the application and
19    treat separately small wireless facility collocations for
20    which incomplete information has been provided or that do
21    not qualify for consolidated treatment or that are denied.
22    The authority may issue separate permits for each
23    collocation that is approved in a consolidated
24    application.
25        (12) Collocation for which a permit is granted shall
26    be completed within 180 days after issuance of the permit,



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1    unless the authority and the wireless provider agree to
2    extend this period or a delay is caused by make-ready work
3    for an authority utility pole or by the lack of commercial
4    power or backhaul availability at the site, provided the
5    wireless provider has made a timely request within 60 days
6    after the issuance of the permit for commercial power or
7    backhaul services, and the additional time to complete
8    installation does not exceed 360 days after issuance of
9    the permit. Otherwise, the permit shall be void unless the
10    authority grants an extension in writing to the applicant.
11        (13) The duration of a permit shall be for a period of
12    not less than 5 years, and the permit shall be renewed for
13    equivalent durations unless the authority makes a finding
14    that the small wireless facilities or the new or modified
15    utility pole do not comply with the applicable codes or
16    local code provisions or regulations in paragraphs (6) and
17    (9). If this Act is repealed as provided in Section 90,
18    renewals of permits shall be subject to the applicable
19    authority code provisions or regulations in effect at the
20    time of renewal.
21        (14) An authority may not prohibit, either expressly
22    or de facto, the (i) filing, receiving, or processing
23    applications, or (ii) issuing of permits or other
24    approvals, if any, for the collocation of small wireless
25    facilities unless there has been a local, State, or
26    federal disaster declaration or similar emergency that



HB1738 Enrolled- 22 -LRB102 00350 SPS 10352 b

1    causes the delay.
2        (15) Applicants shall submit applications, supporting
3    information, and notices by personal delivery or as
4    otherwise required by the authority. An authority may
5    require that permits, supporting information, and notices
6    be submitted by personal delivery at the authority's
7    designated place of business, by regular mail postmarked
8    on the date due, or by any other commonly used means,
9    including electronic mail, as required by the authority.
10    (e) Application fees are subject to the following
12        (1) An authority may charge an application fee of up
13    to $650 for an application to collocate a single small
14    wireless facility on an existing utility pole or wireless
15    support structure and up to $350 for each small wireless
16    facility addressed in an application to collocate more
17    than one small wireless facility on existing utility poles
18    or wireless support structures.
19        (2) An authority may charge an application fee of
20    $1,000 for each small wireless facility addressed in an
21    application that includes the installation of a new
22    utility for such collocation.
23        (3) Notwithstanding any contrary provision of State
24    law or local ordinance, applications pursuant to this
25    Section must be accompanied by the required application
26    fee.



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1        (4) Within 2 months after the effective date of this
2    Act, an authority shall make available application fees
3    consistent with this subsection, through ordinance, or in
4    a written schedule of permit fees adopted by the
5    authority.
6    (f) An authority shall not require an application,
7approval, or permit, or require any fees or other charges,
8from a communications service provider authorized to occupy
9the rights-of-way, for: (i) routine maintenance; (ii) the
10replacement of wireless facilities with wireless facilities
11that are substantially similar, the same size, or smaller if
12the wireless provider notifies the authority at least 10 days
13prior to the planned replacement and includes equipment
14specifications for the replacement of equipment consistent
15with the requirements of subparagraph (D) of paragraph (2) of
16subsection (d) of this Section; or (iii) the installation,
17placement, maintenance, operation, or replacement of micro
18wireless facilities that are suspended on cables that are
19strung between existing utility poles in compliance with
20applicable safety codes. However, an authority may require a
21permit to work within rights-of-way for activities that affect
22traffic patterns or require lane closures.
23    (g) Nothing in this Act authorizes a person to collocate
24small wireless facilities on: (1) property owned by a private
25party or property owned or controlled by a unit of local
26government that is not located within rights-of-way, subject



HB1738 Enrolled- 24 -LRB102 00350 SPS 10352 b

1to subsection (j) of this Section, or a privately owned
2utility pole or wireless support structure without the consent
3of the property owner; (2) property owned, leased, or
4controlled by a park district, forest preserve district, or
5conservation district for public park, recreation, or
6conservation purposes without the consent of the affected
7district, excluding the placement of facilities on
8rights-of-way located in an affected district that are under
9the jurisdiction and control of a different unit of local
10government as provided by the Illinois Highway Code; or (3)
11property owned by a rail carrier registered under Section
1218c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or
13any other public commuter rail service, or an electric utility
14as defined in Section 16-102 of the Public Utilities Act,
15without the consent of the rail carrier, public commuter rail
16service, or electric utility. The provisions of this Act do
17not apply to an electric or gas public utility or such
18utility's wireless facilities if the facilities are being
19used, developed, and maintained consistent with the provisions
20of subsection (i) of Section 16-108.5 of the Public Utilities
22    For the purposes of this subsection, "public utility" has
23the meaning given to that term in Section 3-105 of the Public
24Utilities Act. Nothing in this Act shall be construed to
25relieve any person from any requirement (1) to obtain a
26franchise or a State-issued authorization to offer cable



HB1738 Enrolled- 25 -LRB102 00350 SPS 10352 b

1service or video service or (2) to obtain any required
2permission to install, place, maintain, or operate
3communications facilities, other than small wireless
4facilities subject to this Act.
5    (h) Agreements between authorities and wireless providers
6that relate to the collocation of small wireless facilities in
7the right-of-way, including the collocation of small wireless
8facilities on authority utility poles, that are in effect on
9the effective date of this Act remain in effect for all small
10wireless facilities collocated on the authority's utility
11poles pursuant to applications submitted to the authority
12before the effective date of this Act, subject to applicable
13termination provisions. Such agreements entered into after the
14effective date of the Act shall comply with the Act.
15    (i) An authority shall allow the collocation of small
16wireless facilities on authority utility poles subject to the
18        (1) An authority may not enter into an exclusive
19    arrangement with any person for the right to attach small
20    wireless facilities to authority utility poles.
21        (2) The rates and fees for collocations on authority
22    utility poles shall be nondiscriminatory regardless of the
23    services provided by the collocating person.
24        (3) An authority may charge an annual recurring rate
25    to collocate a small wireless facility on an authority
26    utility pole located in a right-of-way that equals (i)



HB1738 Enrolled- 26 -LRB102 00350 SPS 10352 b

1    $200 per year or (ii) the actual, direct, and reasonable
2    costs related to the wireless provider's use of space on
3    the authority utility pole. Rates for collocation on
4    authority utility poles located outside of a right-of-way
5    are not subject to these limitations. In any controversy
6    concerning the appropriateness of a cost-based rate for an
7    authority utility pole located within a right-of-way, the
8    authority shall have the burden of proving that the rate
9    does not exceed the actual, direct, and reasonable costs
10    for the applicant's proposed use of the authority utility
11    pole. Nothing in this paragraph (3) prohibits a wireless
12    provider and an authority from mutually agreeing to an
13    annual recurring rate of less than $200 to collocate a
14    small wireless facility on an authority utility pole.
15        (4) Authorities or other persons owning or controlling
16    authority utility poles within the right-of-way shall
17    offer rates, fees, and other terms that comply with
18    subparagraphs (A) through (E) of this paragraph (4).
19    Within 2 months after the effective date of this Act, an
20    authority or a person owning or controlling authority
21    utility poles shall make available, through ordinance or
22    an authority utility pole attachment agreement, license or
23    other agreement that makes available to wireless
24    providers, the rates, fees, and terms for the collocation
25    of small wireless facilities on authority utility poles
26    that comply with this Act and with subparagraphs (A)



HB1738 Enrolled- 27 -LRB102 00350 SPS 10352 b

1    through (E) of this paragraph (4). In the absence of such
2    an ordinance or agreement that complies with this Act, and
3    until such a compliant ordinance or agreement is adopted,
4    wireless providers may collocate small wireless facilities
5    and install utility poles under the requirements of this
6    Act.
7            (A) The rates, fees, and terms must be
8        nondiscriminatory, competitively neutral, and
9        commercially reasonable, and may address, among other
10        requirements, the requirements in subparagraphs (A)
11        through (I) of paragraph (6) of subsection (d) of this
12        Section; subsections (e), (i), and (k) of this
13        Section; Section 30; and Section 35, and must comply
14        with this Act.
15            (B) For authority utility poles that support
16        aerial facilities used to provide communications
17        services or electric service, wireless providers shall
18        comply with the process for make-ready work under 47
19        U.S.C. 224 and its implementing regulations, and the
20        authority shall follow a substantially similar process
21        for make-ready work except to the extent that the
22        timing requirements are otherwise addressed in this
23        Act. The good-faith estimate of the person owning or
24        controlling the authority utility pole for any
25        make-ready work necessary to enable the pole to
26        support the requested collocation shall include



HB1738 Enrolled- 28 -LRB102 00350 SPS 10352 b

1        authority utility pole replacement, if necessary.
2            (C) For authority utility poles that do not
3        support aerial facilities used to provide
4        communications services or electric service, the
5        authority shall provide a good-faith estimate for any
6        make-ready work necessary to enable the authority
7        utility pole to support the requested collocation,
8        including pole replacement, if necessary, within 90
9        days after receipt of a complete application.
10        Make-ready work, including any authority utility pole
11        replacement, shall be completed within 60 days of
12        written acceptance of the good-faith estimate by the
13        applicant at the wireless provider's sole cost and
14        expense. Alternatively, if the authority determines
15        that applicable codes or public safety regulations
16        require the authority utility pole to be replaced to
17        support the requested collocation, the authority may
18        require the wireless provider to replace the authority
19        utility pole at the wireless provider's sole cost and
20        expense.
21            (D) The authority shall not require more
22        make-ready work than required to meet applicable codes
23        or industry standards. Make-ready work may include
24        work needed to accommodate additional public safety
25        communications needs that are identified in a
26        documented and approved plan for the deployment of



HB1738 Enrolled- 29 -LRB102 00350 SPS 10352 b

1        public safety equipment as specified in paragraph (1)
2        of subsection (d) of this Section and included in an
3        existing or preliminary authority or public service
4        agency budget for attachment within one year of the
5        application. Fees for make-ready work, including any
6        authority utility pole replacement, shall not exceed
7        actual costs or the amount charged to communications
8        service providers for similar work and shall not
9        include any consultants' fees or expenses for
10        authority utility poles that do not support aerial
11        facilities used to provide communications services or
12        electric service. Make-ready work, including any pole
13        replacement, shall be completed within 60 days of
14        written acceptance of the good-faith estimate by the
15        wireless provider, at its sole cost and expense.
16            (E) A wireless provider that has an existing
17        agreement with the authority on the effective date of
18        the Act may accept the rates, fees, and terms that an
19        authority makes available under this Act for the
20        collocation of small wireless facilities or the
21        installation of new utility poles for the collocation
22        of small wireless facilities that are the subject of
23        an application submitted 2 or more years after the
24        effective date of the Act as provided in this
25        paragraph (4) by notifying the authority that it opts
26        to accept such rates, fees, and terms. The existing



HB1738 Enrolled- 30 -LRB102 00350 SPS 10352 b

1        agreement remains in effect, subject to applicable
2        termination provisions, for the small wireless
3        facilities the wireless provider has collocated on the
4        authority's utility poles pursuant to applications
5        submitted to the authority before the wireless
6        provider provides such notice and exercises its option
7        under this subparagraph.
8    (j) An authority shall authorize the collocation of small
9wireless facilities on utility poles owned or controlled by
10the authority that are not located within rights-of-way to the
11same extent the authority currently permits access to utility
12poles for other commercial projects or uses. The collocations
13shall be subject to reasonable and nondiscriminatory rates,
14fees, and terms as provided in an agreement between the
15authority and the wireless provider.
16    (k) Nothing in this Section precludes an authority from
17adopting reasonable rules with respect to the removal of
18abandoned small wireless facilities. A small wireless facility
19that is not operated for a continuous period of 12 months shall
20be considered abandoned and the owner of the facility must
21remove the small wireless facility within 90 days after
22receipt of written notice from the authority notifying the
23owner of the abandonment. The notice shall be sent by
24certified or registered mail, return receipt requested, by the
25authority to the owner at the last known address of the owner.
26If the small wireless facility is not removed within 90 days of



HB1738 Enrolled- 31 -LRB102 00350 SPS 10352 b

1such notice, the authority may remove or cause the removal of
2the facility pursuant to the terms of its pole attachment
3agreement for authority utility poles or through whatever
4actions are provided for abatement of nuisances or by other
5law for removal and cost recovery. An authority may require a
6wireless provider to provide written notice to the authority
7if it sells or transfers small wireless facilities subject to
8this Act within the jurisdictional boundary of the authority.
9Such notice shall include the name and contact information of
10the new wireless provider.
11    (l) Nothing in this Section requires an authority to
12install or maintain any specific utility pole or to continue
13to install or maintain utility poles in any location if the
14authority makes a non-discriminatory decision to eliminate
15above-ground utility poles of a particular type generally,
16such as electric utility poles, in all or a significant
17portion of its geographic jurisdiction. For authority utility
18poles with collocated small wireless facilities in place when
19an authority makes a decision to eliminate above-ground
20utility poles of a particular type generally, the authority
21shall either (i) continue to maintain the authority utility
22pole or install and maintain a reasonable alternative utility
23pole or wireless support structure for the collocation of the
24small wireless facility, or (ii) offer to sell the utility
25pole to the wireless provider at a reasonable cost or allow the
26wireless provider to install its own utility pole so it can



HB1738 Enrolled- 32 -LRB102 00350 SPS 10352 b

1maintain service from that location.
2(Source: P.A. 102-9, eff. 6-3-21.)
3    (50 ILCS 840/20)  (was 50 ILCS 835/20)
4    Sec. 20. Local authority. Subject to this Act and
5applicable federal law, an authority may continue to exercise
6zoning, land use, planning, and permitting authority within
7its territorial boundaries, including with respect to wireless
8support structures and utility poles; except that no authority
9shall have or exercise any jurisdiction or authority over the
10design, engineering, construction, installation, or operation
11of any small wireless facility located in an interior
12structure or upon the site of any campus, stadium, or athletic
13facility not otherwise owned or controlled by the authority,
14other than to comply with applicable codes and local code
15provisions concerning public safety. Nothing in this Act
16authorizes the State or any political subdivision, including
17an authority, to require wireless facility deployment or to
18regulate wireless services.
19(Source: P.A. 100-585, eff. 6-1-18.)
20    (50 ILCS 840/25)  (was 50 ILCS 835/25)
21    Sec. 25. Dispute resolution. A circuit court has
22jurisdiction to resolve all disputes arising under this Act.
23Pending resolution of a dispute concerning rates for
24collocation of small wireless facilities on authority utility



HB1738 Enrolled- 33 -LRB102 00350 SPS 10352 b

1poles within the right-of-way, the authority shall allow the
2collocating person to collocate on its poles at annual rates
3of no more than $200 per year per authority utility pole, with
4rates to be determined upon final resolution of the dispute.
5(Source: P.A. 100-585, eff. 6-1-18.)
6    (50 ILCS 840/30)  (was 50 ILCS 835/30)
7    Sec. 30. Indemnification. A wireless provider shall
8indemnify and hold an authority harmless against any and all
9liability or loss from personal injury or property damage
10resulting from or arising out of, in whole or in part, the use
11or occupancy of the authority improvements or right-of-way
12associated with such improvements by the wireless provider or
13its employees, agents, or contractors arising out of the
14rights and privileges granted under this Act. A wireless
15provider has no obligation to indemnify or hold harmless
16against any liabilities and losses as may be due to or caused
17by the sole negligence of the authority or its employees or
18agents. A wireless provider shall further waive any claims
19that they may have against an authority with respect to
20consequential, incidental, or special damages, however caused,
21based on the theory of liability.
22(Source: P.A. 100-585, eff. 6-1-18.)
23    (50 ILCS 840/35)  (was 50 ILCS 835/35)
24    Sec. 35. Insurance.



HB1738 Enrolled- 34 -LRB102 00350 SPS 10352 b

1    (a) Except for a wireless provider with an existing
2franchise to occupy and operate in the rights-of-way, during
3the period in which the wireless provider's facilities are
4located on the authority improvements or rights-of-way, the
5authority may require the wireless provider to carry, at the
6wireless provider's own cost and expense, the following
7insurance: (i) property insurance for its property's
8replacement cost against all risks; (ii) workers' compensation
9insurance, as required by law; or (iii) commercial general
10liability insurance with respect to its activities on the
11authority improvements or rights-of-way to afford minimum
12protection limits consistent with its requirements of other
13users of authority improvements or rights-of-way, including
14coverage for bodily injury and property damage. An authority
15may require a wireless provider to include the authority as an
16additional insured on the commercial general liability policy
17and provide certification and documentation of inclusion of
18the authority in a commercial general liability policy as
19reasonably required by the authority.
20    (b) A wireless provider may self-insure all or a portion
21of the insurance coverage and limit requirements required by
22an authority. A wireless provider that self-insures is not
23required, to the extent of the self-insurance, to comply with
24the requirement for the naming of additional insureds under
25this Section. A wireless provider that elects to self-insure
26shall provide to the authority evidence sufficient to



HB1738 Enrolled- 35 -LRB102 00350 SPS 10352 b

1demonstrate its financial ability to self-insure the insurance
2coverage and limits required by the authority.
3(Source: P.A. 100-585, eff. 6-1-18.)
4    (50 ILCS 840/40)  (was 50 ILCS 835/40)
5    Sec. 40. Home rule. A home rule unit may not regulate small
6wireless facilities in a manner inconsistent with this Act.
7This Section is a limitation under subsection (i) of Section 6
8of Article VII of the Illinois Constitution on the concurrent
9exercise by home rule units of powers and functions exercised
10by the State.
11(Source: P.A. 100-585, eff. 6-1-18.)
12    (50 ILCS 840/45)
13    Sec. 45. Continuation of Act; validation.
14    (a) The General Assembly finds and declares that Public
15Act 102-9 and this amendatory Act of the 102nd General
16Assembly manifest this amendatory Act of the 102nd General
17Assembly manifests the intention of the General Assembly to
18extend the repeal of this Act and have this Act continue in
19effect until December 31, 2024.
20    (b) This Act is Section shall be deemed to have been in
21continuous effect since June 1, 2021 and it shall continue to
22be in effect henceforward until it is otherwise lawfully
23repealed. The changes made to this Act by Public Act 102-9 All
24previously enacted amendments to this Act taking effect on or



HB1738 Enrolled- 36 -LRB102 00350 SPS 10352 b

1after June 1, 2021, are hereby validated. All actions taken in
2reliance on or under this Act by any person or entity are
3hereby validated.
4    (c) Public Act 102-9 was intended to reenact this Act, but
5it did not set forth this Act in full. To ensure the continuing
6effectiveness of this Act, this Act is set forth in full and
7reenacted by this amendatory Act of the 102nd General
8Assembly. In order to ensure the continuing effectiveness of
9this Act, it is set forth in full and reenacted by this
10amendatory Act of the 102nd General Assembly. Striking and
11underscoring are used only to show changes being made to the
12base text. This reenactment is intended as a continuation of
13this Act. This reenactment is not intended to supersede any
14amendment to this Act that may be made by any other Public Act
15of the 102nd General Assembly. This reenactment is intended as
16a continuation of this Act. It is not intended to supersede any
17amendment to this Act that is enacted by the 102nd General
19(Source: P.A. 102-9, eff. 6-3-21.)
20    (50 ILCS 840/90)  (was 50 ILCS 835/90)
21    Sec. 90. Repeal. This Act is repealed on December 31,
23(Source: P.A. 102-9, eff. 6-3-21.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.