Full Text of SB2785 99th General Assembly
SB2785sam001 99TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 4/1/2016
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| 1 | | AMENDMENT TO SENATE BILL 2785
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2785 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Small | 5 | | Wireless Facilities Deployment Act. | 6 | | Section 5. Legislative intent. Small wireless facilities | 7 | | are critical to delivering wireless access to advanced | 8 | | technology, broadband, and 9-1-1 services to homes, businesses | 9 | | and schools in Illinois. Because of the integral role that the | 10 | | delivery of wireless technology plays in economic vitality of | 11 | | the State of Illinois and in the lives of its citizens, the | 12 | | General Assembly has determined that a law addressing the | 13 | | deployment of wireless technology is of vital interest to the | 14 | | State. To ensure that public and private Illinois consumers | 15 | | continue to benefit from these services as soon as possible and | 16 | | to ensure that providers of wireless access have a fair and |
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| 1 | | predictable process for the deployment of small wireless | 2 | | facilities, the General Assembly is enacting this Act, which | 3 | | specifies how local authorities may regulate the collocation of | 4 | | small wireless facilities and small wireless facility | 5 | | networks.
| 6 | | Section 10. Definitions. As used in this Act:
| 7 | | "Antenna" means communications equipment that transmits or | 8 | | receives electromagnetic radio signals used in the provision of | 9 | | wireless service.
| 10 | | "Applicant" means a wireless provider or a communications | 11 | | facilities provider that submits an application.
| 12 | | "Application" means a request submitted by an applicant to | 13 | | an authority for the collocation of small wireless facilities | 14 | | or small wireless facility networks under Section 15.
| 15 | | "Authority" means a city, village, incorporated town, | 16 | | township, county, unit of local government, or special district | 17 | | that has jurisdiction and control for use of the public | 18 | | rights-of-way as provided by the Illinois Highway Code for | 19 | | placements within the public rights-of-way or has zoning or | 20 | | land use control for placements not within the public | 21 | | rights-of-way.
| 22 | | "Authority utility pole" means a utility pole or similar | 23 | | structure that is used in whole or in part for communications | 24 | | service, electric service, lighting, traffic control, signage, | 25 | | or a similar function owned or a controlled by an authority.
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| 1 | | "Authority structure" means an existing tower, building, | 2 | | water tower, or other structure owned or controlled by an | 3 | | authority, but not an authority utility pole.
| 4 | | "Cable operator" has the same meaning as in 47 U.S.C. | 5 | | 522(5), as amended.
| 6 | | "Collocate" means to install, mount, maintain, modify, | 7 | | operate, or replace wireless facilities on an existing private | 8 | | or public tower, building, or water tower; an existing private | 9 | | or authority utility pole; or another existing structure. | 10 | | "Collocation" has a corresponding meaning.
| 11 | | "Communications service" means cable service, as defined | 12 | | in 47 U.S.C. 522(6), as amended; or information service, as | 13 | | defined in 47 U.S.C. 153(24), as amended; telecommunications | 14 | | service as defined in 47 U.S.C. 153(53), as amended; mobile | 15 | | service as defined in 47 U.S.C. 153(33), as amended; or | 16 | | wireless service other than mobile service.
| 17 | | "Communications facilities provider" means a person or | 18 | | entity that installs or constructs facilities or structures | 19 | | used to provide communications services.
| 20 | | "Communications service provider" means a cable operator; | 21 | | a provider of information service; a telecommunications | 22 | | carrier, as defined in 47 U.S.C. 153(51), as amended; or a | 23 | | wireless provider.
| 24 | | "Small wireless facilities" means wireless facilities that | 25 | | meet both of the following qualifications: (i) each antenna is | 26 | | located inside an enclosure of no more than 6 cubic feet in |
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| 1 | | volume or, in the case of an antenna that has exposed elements, | 2 | | the antenna and all of its exposed elements could fit within an | 3 | | imaginary enclosure of no more than 6 cubic feet; and (ii) all | 4 | | other wireless equipment associated with the structure is | 5 | | cumulatively no more than 28 cubic feet in volume. The | 6 | | following types of associated ancillary equipment are not | 7 | | included in the calculation of equipment volume: electric | 8 | | meter, concealment, telecommunications demarcation box, | 9 | | ground-based enclosures, grounding equipment, power transfer | 10 | | switch, cut-off switch, and vertical cable runs for the | 11 | | connection of power and other services.
| 12 | | "Small wireless facility network" means a collection of | 13 | | interrelated small wireless facilities designed to deliver | 14 | | wireless communications service.
| 15 | | "Utility pole" means a pole or similar structure that is | 16 | | used in whole or in part for communications service, electric | 17 | | service, lighting, traffic control, signage, or a similar | 18 | | function.
| 19 | | "Wireless facilities" means equipment at a fixed location | 20 | | that enables wireless communications between user equipment | 21 | | and a communications network, including, but not limited to: | 22 | | (i) equipment associated with wireless communications services | 23 | | such as private, broadcast, and public safety services, as well | 24 | | as unlicensed wireless services and fixed wireless services | 25 | | such as microwave backhaul; and (ii) radio transceivers, | 26 | | antennas, coaxial or fiber-optic cable, regular and backup |
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| 1 | | power supplies, and comparable equipment, regardless of | 2 | | technological configuration.
| 3 | | "Wireless service" means a fixed or mobile wireless service | 4 | | provided using wireless facilities.
| 5 | | "Wireless provider" means a provider of wireless service.
| 6 | | Section 15. Siting of small wireless facilities and small | 7 | | wireless facility networks. | 8 | | (a) Except as provided in this Section, an authority may | 9 | | not prohibit, regulate, or charge for the collocation of small | 10 | | wireless facilities or small wireless facility networks.
| 11 | | (b) Small wireless facilities and small wireless facility | 12 | | networks shall be classified as permitted uses, and not subject | 13 | | to the standards of a special or conditional use, in:
| 14 | | (1) all public rights-of-way and authority property; | 15 | | and
| 16 | | (2) other property not zoned exclusively for | 17 | | single-family residential use.
| 18 | | (c) Small wireless facilities and small wireless facility | 19 | | networks may be classified as special or conditional uses where | 20 | | those facilities are not located within the public | 21 | | rights-of-way or within authority property and are located on | 22 | | property zoned exclusively for single-family residential use.
| 23 | | (d) An authority may require building permits, permits to | 24 | | work within the public rights-of-way, and other permits for the | 25 | | collocation of small wireless facilities and small wireless |
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| 1 | | facility networks, provided such permits are of general | 2 | | applicability. Authorities shall receive applications for, | 3 | | process, and issue permits and approvals subject to the | 4 | | following requirements:
| 5 | | (1) An authority shall not assess any recurring or | 6 | | nonrecurring fees or charges for the collocation of small | 7 | | wireless facilities or small wireless facility networks | 8 | | within the public rights-of-way to an applicant that is | 9 | | paying the authority: | 10 | | (A) a tax authorized by the Simplified Municipal | 11 | | Telecommunications Tax Act at a rate exceeding 5%; or | 12 | | (B) an infrastructure maintenance fee authorized | 13 | | by Section 5 of the Telecommunications Infrastructure | 14 | | Maintenance Fee Act if the authority was listed in | 15 | | Section 5-25 of the Simplified Municipal | 16 | | Telecommunications Tax Act. | 17 | | This paragraph (1) does not prohibit an authority from | 18 | | charging a recurring fee for the collocation of small | 19 | | wireless facilities or small wireless facility networks on | 20 | | authority utility poles located within the public | 21 | | rights-of-way in accordance with subsection (e). | 22 | | (2) If paragraph (1) of this subsection (d) does not | 23 | | apply, applicants shall not be required to pay a higher | 24 | | application processing fee than communications service | 25 | | providers that are not wireless providers. Total | 26 | | processing fees for any individual permit or approval, |
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| 1 | | including any fees charged by third parties, shall not | 2 | | exceed $500. | 3 | | (3) Applicants shall not be required to perform any | 4 | | services, including restoration work not directly related | 5 | | to the collocation, to obtain approval for applications. | 6 | | (4) An applicant shall not be required to provide more | 7 | | information to obtain a permit than communications service | 8 | | providers that are not wireless providers. | 9 | | (5) Each application for a permit or approval shall be | 10 | | processed on a nondiscriminatory basis and deemed approved | 11 | | if the authority fails to approve or deny the application | 12 | | within 60 days after submittal of a complete application. | 13 | | This period may be tolled to accommodate timely requests | 14 | | for information required to complete the application or may | 15 | | be extended by mutual agreement between the authority and | 16 | | the applicant. A permit application may address multiple | 17 | | small wireless facilities or a small wireless facilities | 18 | | network. | 19 | | (6) An authority may deny an application only if it | 20 | | does not meet the applicable authority's construction in | 21 | | the public rights-of-way, building, or electrical codes or | 22 | | standards, provided such codes and standards are of general | 23 | | applicability. The authority must document the basis for | 24 | | the denial, including the specific code provisions or | 25 | | standards on which the denial was based, and send the | 26 | | documentation to the applicant on or before the day the |
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| 1 | | authority denies an application. The applicant may cure the | 2 | | deficiencies identified by the authority and resubmit the | 3 | | application within 30 days of the denial without paying an | 4 | | additional processing fee. The authority shall approve or | 5 | | deny the revised application within 30 days. | 6 | | (7) An authority may not limit the duration of a permit | 7 | | or approval related to one or more small wireless | 8 | | facilities or a small wireless facilities network. | 9 | | (8) An authority may not institute a moratorium on (A) | 10 | | filing, receiving, or processing applications or (B) | 11 | | issuing permits or approvals for the collocation of small | 12 | | wireless facilities and small wireless facility networks. | 13 | | (9) An authority may not impose discriminatory | 14 | | licensing standards for persons collating small wireless | 15 | | facilities and small wireless facility networks. An | 16 | | authority shall receive applications for, process, and | 17 | | issue licenses for persons collating small wireless | 18 | | facilities and small wireless facility networks | 19 | | applications in a manner substantially comparable to the | 20 | | licensing of other contractors within the jurisdiction of | 21 | | the authority. | 22 | | (e) A wireless provider or licensed contractor may | 23 | | collocate small wireless facilities and small wireless | 24 | | facility networks on authority utility poles located within the | 25 | | public rights-of-way, subject to reasonable rates, terms, and | 26 | | conditions as provided in one or more agreements between the |
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| 1 | | wireless provider and the authority. The authority must process | 2 | | authority utility pole collocation requests, issue permits, | 3 | | and allow the installation and operation of small wireless | 4 | | facilities and small wireless facility networks on authority | 5 | | utility poles pending negotiation of the agreement. Authority | 6 | | utility pole collocation requests shall be processed in the | 7 | | same manner as permit applications under subsection (d). The | 8 | | reasonable annual recurring rate to collocate a small wireless | 9 | | facility on an authority utility pole shall not exceed the rate | 10 | | produced by applying the formula adopted by the Federal | 11 | | Communications Commission for telecommunications pole | 12 | | attachments under paragraph (2) of subsection (e) of 47 CFR | 13 | | 1.1409. | 14 | | (f) An authority shall authorize the collocation of small | 15 | | wireless facilities and small wireless facility networks on | 16 | | authority structures not located within the public | 17 | | rights-of-way to the same extent an authority permits access to | 18 | | authority structures for other commercial projects or uses and | 19 | | may authorize such collocations if the authority has not | 20 | | previously permitted such access. Such collocations shall be | 21 | | subject to reasonable rates, terms, and conditions as provided | 22 | | in one or more agreements between the wireless provider and the | 23 | | authority. An authority may not charge on an annual recurring | 24 | | basis more for such collocations than the lesser of (1) the | 25 | | amount charged for similar commercial projects or uses to | 26 | | occupy or use the same amount of space on similarly situated |
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| 1 | | property; (2) the projected cost to the authority resulting | 2 | | from the collocation; or (3) $500 annually. | 3 | | Section 20. Home rule. A home rule unit may not regulate | 4 | | small wireless facilities and small wireless facility networks | 5 | | in a manner inconsistent with the regulation by the State of | 6 | | small wireless facilities and small wireless facility networks | 7 | | under this Act. This Section is a limitation under subsection | 8 | | (i) of Section 6 of Article VII of the Illinois Constitution on | 9 | | the concurrent exercise by home rule units of powers and | 10 | | functions exercised by the State.".
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