Sen. Terry Link

Filed: 5/22/2012





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2    AMENDMENT NO. ______. Amend House Bill 2956, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Counties Code is amended by adding Section
65-12001.2 as follows:
7    (55 ILCS 5/5-12001.2 new)
8    Sec. 5-12001.2. Regulation of a telecommunications
9facilities; Lake County.
10    In addition to any other requirements under this Division
11concerning the regulation of telecommunications facilities,
12the following applies to any new telecommunications facilities
13in Lake County:
14    (a) For every new wireless telecommunications facility
15requiring a new tower structure, a telecommunications carrier
16shall provide the county with documentation consisting of the



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1proposed location, a site plan, and an elevation that
2sufficiently describes a proposed wireless facility location.
3    (b) The county shall have 7 days to review the facility
4proposal and contact the telecommunications carrier in writing
5via e-mail or other written means as specified by the
6telecommunications carrier. This written communication shall
7either approve the proposed location or request a meeting to
8review other possible alternative locations. If requested, the
9meeting shall take place within 7 days after the date of the
10written communication.
11    (c) At the meeting, the telecommunications carrier shall
12provide the county documentation consisting of radio frequency
13engineering criteria and a corresponding telecommunications
14facility search ring map, together with documentation of the
15carrier's efforts to site the proposed facility within the
16telecommunications facility search ring.
17    (d) Within 21 days after receipt of the carrier's
18documentation, the county shall propose either an alternative
19site within the telecommunications facility search ring, or an
20alternative site outside of the telecommunications search ring
21that meets the radio frequency engineering criteria provided by
22the telecommunications carrier and that will not materially
23increase the construction budget beyond what was estimated on
24the original carrier proposed site.
25    (e) If the county's proposed alternative site meets the
26radio frequency engineering criteria provided by the



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1telecommunications carrier, and will not materially increase
2the construction budget beyond what was estimated on the
3original carrier proposed site, then the telecommunications
4carrier shall agree to build the facility at the alternative
5location, subject to the negotiation of a lease with
6commercially reasonable terms and the obtainment of the
7customary building permits.
8    (f) If the telecommunications carrier can demonstrate
9that: (i) the county's proposed alternative site does not meet
10the radio frequency engineering criteria, (ii) the county's
11proposed alternative site will materially increase the
12construction budget beyond what was estimated on the original
13carrier proposed site, (iii) the county has failed to provide
14an alternate site, or (iv) after a period of 90 days after
15receipt of the alternative site the telecommunications carrier
16has failed, after acting in good faith and with due diligence,
17to obtain a lease or at a minimum, a letter of intent to lease
18the alternative site at lease rates not materially greater than
19the lease rate for the original proposed site; then the carrier
20can proceed to permit and construct the site under the
21provisions and standards of Section 5-12001.1 of this Code.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".