Full Text of SB1451 100th General Assembly
SB1451ham002 100TH GENERAL ASSEMBLY | Rep. Kelly M. Burke Filed: 11/1/2017
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| 1 | | AMENDMENT TO SENATE BILL 1451
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1451 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, | 9 | | businesses, and schools in Illinois. Because of the integral | 10 | | role that the delivery of wireless technology plays in the | 11 | | economic vitality of the State of Illinois and in the lives of | 12 | | its citizens, the General Assembly has determined that a law | 13 | | addressing the deployment of wireless technology is of vital | 14 | | interest to the State. To ensure that public and private | 15 | | Illinois consumers continue to benefit from these services as | 16 | | soon as possible and to ensure that providers of wireless |
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| 1 | | access have a fair and predictable process for the deployment | 2 | | of small wireless facilities in a manner consistent with the | 3 | | character of the area in which the small wireless facilities | 4 | | are deployed, the General Assembly is enacting this Act, which | 5 | | specifies how local authorities may regulate the collocation of | 6 | | small wireless facilities. | 7 | | Section 7. Applicability. This Act does not apply to a | 8 | | municipality with a population of 1,000,000 or more. | 9 | | Section 10. Definitions. As used in this Act: | 10 | | "Antenna" means communications equipment that transmits or | 11 | | receives electromagnetic radio frequency signals used in the | 12 | | provision of wireless services. | 13 | | "Applicable codes" means uniform building, fire, | 14 | | electrical, plumbing, or mechanical codes adopted by a | 15 | | recognized national code organization or local amendments to | 16 | | those codes, including the National Electric Safety Code. | 17 | | "Applicant" means any person who submits an application and | 18 | | is a wireless provider. | 19 | | "Application" means a request submitted by an applicant to | 20 | | an authority for a permit to collocate small wireless | 21 | | facilities, and a request that includes the installation of a | 22 | | new utility pole for such collocation, as well as any | 23 | | applicable fee for the review of such application. | 24 | | "Authority" means a unit of local government that has |
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| 1 | | jurisdiction and control for use of public rights-of-way as | 2 | | provided by the Illinois Highway Code for placements within | 3 | | public rights-of-way or has zoning or land use control for | 4 | | placements not within public rights-of-way. | 5 | | "Authority utility pole" means a utility pole owned or | 6 | | operated by an authority in public rights-of-way. | 7 | | "Collocate" or "collocation" means to install, mount, | 8 | | maintain, modify, operate, or replace wireless facilities on or | 9 | | adjacent to a wireless support structure or utility pole. | 10 | | "Communications service" means cable service, as defined | 11 | | in 47 U.S.C. 522(6), as amended; information service, as | 12 | | defined in 47 U.S.C. 153(24), as amended; telecommunications | 13 | | service, as defined in 47 U.S.C. 153(53), as amended; mobile | 14 | | service, as defined in 47 U.S.C. 153(33), as amended; or | 15 | | wireless service other than mobile service. | 16 | | "Communications service provider" means a cable operator, | 17 | | as defined in 47 U.S.C. 522(5), as amended; a provider of | 18 | | information service, as defined in 47 U.S.C. 153(24), as | 19 | | amended; a telecommunications carrier, as defined in 47 U.S.C. | 20 | | 153(51), as amended; or a wireless provider. | 21 | | "FCC" means the Federal Communications Commission of the | 22 | | United States. | 23 | | "Fee" means a one-time charge. | 24 | | "Historic district" or "historic landmark" means a | 25 | | building, property, or site, or group of buildings, properties, | 26 | | or sites that are either (i) listed in the National Register of |
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| 1 | | Historic Places or formally determined eligible for listing by | 2 | | the Keeper of the National Register, the individual who has | 3 | | been delegated the authority by the federal agency to list | 4 | | properties and determine their eligibility for the National | 5 | | Register, in accordance with Section VI.D.1.a.i through | 6 | | Section VI.D.1.a.v of the Nationwide Programmatic Agreement | 7 | | codified at 47 CFR Part 1, Appendix C; or (ii) designated as a | 8 | | locally landmarked building, property, site, or historic | 9 | | district by an ordinance adopted by the authority pursuant to a | 10 | | preservation program that meets the requirements of the | 11 | | Certified Local Government Program of the Illinois State | 12 | | Historic Preservation Office or where such certification of the | 13 | | preservation program by the Illinois State Historic | 14 | | Preservation Office is pending. | 15 | | "Law" means a federal or State statute, common law, code, | 16 | | rule, regulation, order, or local ordinance or resolution. | 17 | | "Micro wireless facility" means a small wireless facility | 18 | | that is not larger in dimension than 24 inches in length, 15 | 19 | | inches in width, and 12 inches in height and that has an | 20 | | exterior antenna, if any, no longer than 11 inches. | 21 | | "Permit" means a written authorization required by an | 22 | | authority to perform an action or initiate, continue, or | 23 | | complete a project. | 24 | | "Person" means an individual, corporation, limited | 25 | | liability company, partnership, association, trust, or other | 26 | | entity or organization, including an authority. |
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| 1 | | "Public safety agency" means the functional division of the | 2 | | federal government, the State, a unit of local government, or a | 3 | | special purpose district located in whole or in part within | 4 | | this State, that provides or has authority to provide | 5 | | firefighting, police, ambulance, medical, or other emergency | 6 | | services to respond to and manage emergency incidents. | 7 | | "Rate" means a recurring charge. | 8 | | "Right-of-way" means the area on, below, or above a public | 9 | | roadway, highway, street, public sidewalk, alley, or utility | 10 | | easement dedicated for compatible use. "Right-of-way" does not | 11 | | include authority-owned aerial lines.
| 12 | | "Small wireless facility" means a wireless facility that | 13 | | meets both of the following qualifications: (i) each antenna is | 14 | | located inside an enclosure of no more than 6 cubic feet in | 15 | | volume or, in the case of an antenna that has exposed elements, | 16 | | the antenna and all of its exposed elements could fit within an | 17 | | imaginary enclosure of no more than 6 cubic feet; and (ii) all | 18 | | other wireless equipment attached directly to a utility pole | 19 | | associated with the facility is cumulatively no more than 25 | 20 | | cubic feet in volume. The following types of associated | 21 | | ancillary equipment are not included in the calculation of | 22 | | equipment volume: electric meter, concealment elements, | 23 | | telecommunications demarcation box, ground-based enclosures, | 24 | | grounding equipment, power transfer switch, cut-off switch, | 25 | | and vertical cable runs for the connection of power and other | 26 | | services. |
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| 1 | | "Utility pole" means a pole or similar structure that is | 2 | | used in whole or in part by a communications service provider | 3 | | or for electric distribution, lighting, traffic control, or a | 4 | | similar function. | 5 | | "Wireless facility" means equipment at a fixed location | 6 | | that enables wireless communications between user equipment | 7 | | and a communications network, including: (i) equipment | 8 | | associated with wireless communications; and (ii) radio | 9 | | transceivers, antennas, coaxial or fiber-optic cable, regular | 10 | | and backup power supplies, and comparable equipment, | 11 | | regardless of technological configuration. "Wireless facility" | 12 | | includes small wireless facilities. "Wireless facility" does | 13 | | not include: (i) the structure or improvements on, under, or | 14 | | within which the equipment is collocated; or (ii) wireline | 15 | | backhaul facilities, coaxial or fiber optic cable that is | 16 | | between wireless support structures or utility poles or | 17 | | coaxial, or fiber optic cable that is otherwise not immediately | 18 | | adjacent to or directly associated with an antenna.
| 19 | | "Wireless infrastructure provider" means any person | 20 | | authorized to provide telecommunications service in the State | 21 | | that builds or installs wireless communication transmission | 22 | | equipment, wireless facilities, wireless support structures, | 23 | | or utility poles and that is not a wireless services provider | 24 | | but is acting as an agent or a contractor for a wireless | 25 | | services provider for the application submitted to the | 26 | | authority. |
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| 1 | | "Wireless provider" means a wireless infrastructure | 2 | | provider or a wireless services provider. | 3 | | "Wireless services" means any services provided to the | 4 | | general public, including a particular class of customers, and | 5 | | made available on a nondiscriminatory basis using licensed or | 6 | | unlicensed spectrum, whether at a fixed location or mobile, | 7 | | provided using wireless facilities.
| 8 | | "Wireless services provider" means a person who provides | 9 | | wireless services. | 10 | | "Wireless support structure" means a freestanding | 11 | | structure, such as a monopole; tower, either guyed or | 12 | | self-supporting; billboard; or other existing or proposed | 13 | | structure designed to support or capable of supporting wireless | 14 | | facilities. "Wireless support structure" does not include a | 15 | | utility pole. | 16 | | Section 15. Regulation of small wireless facilities. | 17 | | (a) This Section applies to activities of a wireless | 18 | | provider within or outside rights-of-way. | 19 | | (b) Except as provided in this Section, an authority may | 20 | | not prohibit, regulate, or charge for the collocation of small | 21 | | wireless facilities. | 22 | | (c) Small wireless facilities shall be classified as | 23 | | permitted uses and subject to administrative review in | 24 | | conformance with this Act, except as provided in paragraph (5) | 25 | | of subsection (d) of this Section regarding height exceptions |
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| 1 | | or variances, but not subject to zoning review or approval if | 2 | | they are collocated (i) in rights-of-way in any zone, or (ii) | 3 | | outside rights-of-way in property zoned exclusively for | 4 | | commercial or industrial use. | 5 | | (d) An authority may require an applicant to obtain one or | 6 | | more permits to collocate a small wireless facility. An | 7 | | authority shall receive applications for, process, and issue | 8 | | permits subject to the following requirements: | 9 | | (1) An authority may not directly or indirectly require | 10 | | an applicant to perform services unrelated to the | 11 | | collocation for which approval is sought, such as in-kind | 12 | | contributions to the authority, including reserving fiber, | 13 | | conduit, or utility pole space for the authority on the | 14 | | wireless provider's utility pole. An authority may reserve | 15 | | space on authority utility poles for future public safety | 16 | | uses or for the authority's electric utility uses, but a | 17 | | reservation of space may not preclude the collocation of a | 18 | | small wireless facility unless the authority reasonably | 19 | | determines that the authority utility pole cannot | 20 | | accommodate both uses. | 21 | | (2) An applicant shall not be required to provide more | 22 | | information to obtain a permit than the authority requires | 23 | | of a communications service provider that is not a wireless | 24 | | provider that requests to attach facilities to a structure; | 25 | | however, a wireless provider may be required to provide the | 26 | | following information when seeking a permit to collocate |
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| 1 | | small wireless facilities on a utility pole or wireless | 2 | | support structure: | 3 | | (A) site specific structural integrity and, for an | 4 | | authority utility pole, make-ready analysis prepared | 5 | | by a structural engineer, as that term is defined in | 6 | | Section 4 of the Structural Engineering Practice Act of | 7 | | 1989; | 8 | | (B) the location where each proposed small | 9 | | wireless facility or utility pole would be installed | 10 | | and photographs of the location and its immediate | 11 | | surroundings depicting the utility poles or structures | 12 | | on which each proposed small wireless facility would be | 13 | | mounted or location where utility poles or structures | 14 | | would be installed; | 15 | | (C) specifications and drawings prepared by a | 16 | | structural engineer, as that term is defined in Section | 17 | | 4 of the Structural Engineering Practice Act of 1989, | 18 | | for each proposed small wireless facility covered by | 19 | | the application as it is proposed to be installed; | 20 | | (D) the equipment type and model numbers for the | 21 | | antennas and all other wireless equipment associated | 22 | | with the small wireless facility; | 23 | | (E) a proposed schedule for the installation and | 24 | | completion of each small wireless facility covered by | 25 | | the application, if approved; and | 26 | | (F) certification that the collocation complies |
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| 1 | | with paragraph (6) to the best of the applicant's | 2 | | knowledge. | 3 | | (3) Subject to paragraph (6), an authority may not | 4 | | require the placement of small wireless facilities on any | 5 | | specific utility pole, or category of utility poles, or | 6 | | require multiple antenna systems on a single utility pole; | 7 | | however, with respect to an application for the collocation | 8 | | of a small wireless facility associated with a new utility | 9 | | pole, an authority may propose that the small wireless | 10 | | facility be collocated on an existing utility pole or | 11 | | existing wireless support structure within 100 feet of the | 12 | | proposed collocation, which the applicant shall accept if | 13 | | it has the right to use the alternate structure on | 14 | | reasonable terms and conditions and the alternate location | 15 | | and structure does not impose technical limits or | 16 | | additional material costs as determined by the applicant. | 17 | | The authority may require the applicant to provide a | 18 | | written certification describing the property rights, | 19 | | technical limits or material cost reasons the alternate | 20 | | location does not satisfy the criteria in this paragraph | 21 | | (3). | 22 | | (4) Subject to paragraph (6), an authority may not | 23 | | limit the placement of small wireless facilities mounted on | 24 | | a utility pole or a wireless support structure by minimum | 25 | | horizontal separation distances. | 26 | | (5) An authority may limit the maximum height of a |
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| 1 | | small wireless facility to 10 feet above the utility pole | 2 | | or wireless support structure on which the small wireless | 3 | | facility is collocated. Subject to any applicable waiver, | 4 | | zoning, or other process that addresses wireless provider | 5 | | requests for an exception or variance and does not prohibit | 6 | | granting of such exceptions or variances, the authority may | 7 | | limit the height of new or replacement utility poles or | 8 | | wireless support structures on which small wireless | 9 | | facilities are collocated to the higher of: (i) 10 feet in | 10 | | height above the tallest existing utility pole, other than | 11 | | a utility pole supporting only wireless facilities, that is | 12 | | in place on the date the application is submitted to the | 13 | | authority, that is located within 300 feet of the new or | 14 | | replacement utility pole or wireless support structure and | 15 | | that is in the same right-of-way within the jurisdictional | 16 | | boundary of the authority, provided the authority may | 17 | | designate which intersecting right-of-way within 300 feet | 18 | | of the proposed
utility pole or wireless support structures | 19 | | shall control the height limitation for such facility; or | 20 | | (ii) 45 feet above ground level. | 21 | | (6) An authority may require that: | 22 | | (A) the wireless provider's operation of the small | 23 | | wireless facilities does not interfere with the | 24 | | frequencies used by a public safety agency for public | 25 | | safety communications; a wireless provider shall | 26 | | install small wireless facilities of the type and |
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| 1 | | frequency that will not cause unacceptable | 2 | | interference with a public safety agency's | 3 | | communications equipment; unacceptable interference | 4 | | will be determined by and measured in accordance with | 5 | | industry standards and the FCC's regulations | 6 | | addressing unacceptable interference to public safety | 7 | | spectrum or any other spectrum licensed by a public | 8 | | safety agency; if a small wireless facility causes such | 9 | | interference, and the wireless provider has been given | 10 | | written notice of the interference by the public safety | 11 | | agency, the wireless provider, at its own expense, | 12 | | shall take all reasonable steps necessary to correct | 13 | | and eliminate the interference, including, but not | 14 | | limited to, powering down the small wireless facility | 15 | | and later powering up the small wireless facility for | 16 | | intermittent testing, if necessary; the authority may | 17 | | terminate a permit for a small wireless facility based | 18 | | on such interference if the wireless provider is not | 19 | | making a good faith effort to remedy the problem in a | 20 | | manner consistent with the abatement and resolution | 21 | | procedures for interference with public safety | 22 | | spectrum established by the FCC including 47 CFR 22.970 | 23 | | through 47 CFR 22.973 and 47 CFR 90.672 through 47 CFR | 24 | | 90.675; | 25 | | (B) the wireless provider comply with requirements | 26 | | that are imposed by a contract between an authority and |
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| 1 | | a private property owner that concern design or | 2 | | construction standards applicable to utility poles and | 3 | | ground-mounted equipment located in the right-of-way; | 4 | | (C) the wireless provider comply with applicable | 5 | | spacing requirements in applicable codes and | 6 | | ordinances concerning the location of ground-mounted | 7 | | equipment located in the right-of-way if the | 8 | | requirements include a waiver, zoning, or other | 9 | | process that addresses wireless provider requests for | 10 | | exception or variance and do not prohibit granting of | 11 | | such exceptions or variances; | 12 | | (D) the wireless provider comply with local code | 13 | | provisions or regulations concerning undergrounding | 14 | | requirements that prohibit the installation of new or | 15 | | the modification of existing utility poles in a | 16 | | right-of-way without prior approval if the | 17 | | requirements include a waiver, zoning, or other | 18 | | process that addresses requests to install such new | 19 | | utility poles or modify such existing utility poles and | 20 | | do not prohibit the replacement of utility poles; | 21 | | (E) the wireless provider comply with generally | 22 | | applicable standards that are consistent with this Act | 23 | | and adopted by an authority for construction and public | 24 | | safety in the rights-of-way, including, but not | 25 | | limited to, reasonable and nondiscriminatory wiring | 26 | | and cabling requirements, grounding requirements, |
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| 1 | | utility pole extension requirements, and signage | 2 | | limitations; and shall comply with reasonable and | 3 | | nondiscriminatory requirements that are consistent | 4 | | with this Act and adopted by an authority regulating | 5 | | the location, size, surface area and height of small | 6 | | wireless facilities, or the abandonment and removal of | 7 | | small wireless facilities; | 8 | | (F) the wireless provider not collocate small | 9 | | wireless facilities on authority utility poles that | 10 | | are part of an electric distribution or transmission | 11 | | system within the communication worker safety zone of | 12 | | the pole or the electric supply zone of the pole; | 13 | | however, the antenna and support equipment of the small | 14 | | wireless facility may be located in the communications | 15 | | space on the authority utility pole and on the top of | 16 | | the pole, if not otherwise unavailable, if the wireless | 17 | | provider complies with applicable codes for work | 18 | | involving the top of the pole; for purposes of this | 19 | | subparagraph (F), the terms "communications space", | 20 | | "communication worker safety zone", and "electric | 21 | | supply zone" have the meanings given to those terms in | 22 | | the National Electric Safety Code as published by the | 23 | | Institute of Electrical and Electronics Engineers; | 24 | | (G) the wireless provider comply with the | 25 | | applicable codes and local code provisions or | 26 | | regulations that concern public safety;
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| 1 | | (H) the wireless provider comply with written | 2 | | design standards that are generally applicable for | 3 | | decorative utility poles, or reasonable stealth, | 4 | | concealment, and aesthetic requirements that are | 5 | | identified by the authority in an ordinance, written | 6 | | policy adopted by the governing board of the authority, | 7 | | a comprehensive plan, or other written design plan that | 8 | | applies to other occupiers of the rights-of-way, | 9 | | including on a historic landmark or in a historic | 10 | | district; and
| 11 | | (I) subject to subsection (c) of this Section, and | 12 | | except for facilities excluded from evaluation for | 13 | | effects on historic properties
under 47 CFR | 14 | | 1.1307(a)(4), reasonable, technically feasible and | 15 | | non-discriminatory design or concealment measures in a | 16 | | historic district or historic landmark; any such | 17 | | design or concealment measures, including restrictions | 18 | | on a specific category of poles, may not have the | 19 | | effect of prohibiting any provider's technology; such | 20 | | design and concealment measures shall not be | 21 | | considered a part of the small wireless facility for | 22 | | purposes of the size restrictions of a small wireless | 23 | | facility; this paragraph may not be construed to limit | 24 | | an authority's enforcement of historic preservation in | 25 | | conformance with the requirements adopted pursuant to | 26 | | the Illinois State Agency Historic Resources |
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| 1 | | Preservation Act or the National Historic Preservation | 2 | | Act of 1966, 54 U.S.C. Section 300101 et seq., and the | 3 | | regulations adopted to implement those laws.
| 4 | | (7) Within 30 days after receiving an application, an | 5 | | authority must determine whether the application is | 6 | | complete and notify the applicant. If an application is | 7 | | incomplete, an authority must specifically identify the | 8 | | missing information. An application shall be deemed | 9 | | complete if the authority fails to provide notification to | 10 | | the applicant within 30 days after when all documents, | 11 | | information, and fees specifically enumerated in the | 12 | | authority's permit application form are submitted by the | 13 | | applicant to the authority. Processing deadlines are | 14 | | tolled from the time the authority sends the notice of | 15 | | incompleteness to the time the applicant provides the | 16 | | missing information. | 17 | | (8) An authority shall process applications as | 18 | | follows: | 19 | | (A) an application to collocate a small wireless | 20 | | facility on an existing utility pole or wireless | 21 | | support structure shall be processed on a | 22 | | nondiscriminatory basis and deemed approved if the | 23 | | authority fails to approve or deny the application | 24 | | within 90 days; however, if an applicant intends to | 25 | | proceed with the permitted activity on a deemed | 26 | | approved basis, the applicant must notify the |
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| 1 | | authority in writing of its intention to invoke the | 2 | | deemed approved remedy no sooner than 75 days after the | 3 | | submission of a completed application; the permit | 4 | | shall be deemed approved on the latter of the 90th day | 5 | | after submission of the complete application or the | 6 | | 10th day after the receipt of the deemed approved | 7 | | notice by the authority; the receipt of the deemed | 8 | | approved notice shall not preclude the authority's | 9 | | denial of the permit request within the time limits as | 10 | | provided under this Act; and | 11 | | (B) an application to collocate a small wireless | 12 | | facility that includes the installation of a new | 13 | | utility pole shall be processed on a nondiscriminatory | 14 | | basis and deemed approved if the authority fails to | 15 | | approve or deny the application within 120 days; | 16 | | however, if an applicant intends to proceed with the | 17 | | permitted activity on a deemed approved basis, the | 18 | | applicant must notify the authority in writing of its | 19 | | intention to invoke the deemed approved remedy no | 20 | | sooner than 105 days after the submission of a | 21 | | completed application; the permit shall be deemed | 22 | | approved on the latter of the 120th day after | 23 | | submission of the complete application or the 10th day | 24 | | after the receipt of the deemed approved notice by the | 25 | | authority; the receipt of the deemed approved notice | 26 | | shall not preclude the authority's denial of the permit |
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| 1 | | request within the time limits as provided under this | 2 | | Act. | 3 | | (9) An authority shall approve an application unless | 4 | | the application does not meet the requirements of this Act. | 5 | | If an authority determines that applicable codes, local | 6 | | code provisions or regulations that concern public safety, | 7 | | or the requirements of paragraph (6) require that the | 8 | | utility pole or wireless support structure be replaced | 9 | | before the requested collocation, approval may be | 10 | | conditioned on the replacement of the utility pole or | 11 | | wireless support structure at the cost of the provider. The | 12 | | authority must document the basis for a denial, including | 13 | | the specific code provisions or application conditions on | 14 | | which the denial was based, and send the documentation to | 15 | | the applicant on or before the day the authority denies an | 16 | | application. The applicant may cure the deficiencies | 17 | | identified by the authority and resubmit the revised | 18 | | application once within 30 days after notice of denial is | 19 | | sent to the applicant without paying an additional | 20 | | application fee. The authority shall approve or deny the | 21 | | revised application within 30 days after the applicant | 22 | | resubmits the application or it is deemed approved; | 23 | | however, the applicant must notify the authority in writing | 24 | | of its intention to proceed with the permitted activity on | 25 | | a deemed approved basis, which may be submitted with the | 26 | | resubmitted application. Any subsequent review shall be |
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| 1 | | limited to the deficiencies cited in the denial. However, | 2 | | this revised application cure does not apply if the cure | 3 | | requires the review of a new location, new or different | 4 | | structure to be collocated upon, new antennas, or other | 5 | | wireless equipment associated with the small wireless | 6 | | facility. | 7 | | (10) The time period for applications may be further | 8 | | tolled by: | 9 | | (A) the express agreement in writing by both the | 10 | | applicant and the authority; or | 11 | | (B) a local, State, or federal disaster | 12 | | declaration or similar emergency that causes the | 13 | | delay. | 14 | | (11) An applicant seeking to collocate small wireless | 15 | | facilities within the jurisdiction of a single authority | 16 | | shall be allowed, at the applicant's discretion, to file a | 17 | | consolidated application and receive a single permit for | 18 | | the collocation of up to 25 small wireless facilities if | 19 | | the collocations each involve substantially the same type | 20 | | of small wireless facility and substantially the same type | 21 | | of structure. If an application includes multiple small | 22 | | wireless facilities, the authority may remove small | 23 | | wireless facility collocations from the application and | 24 | | treat separately small wireless facility collocations for | 25 | | which incomplete information has been provided or that do | 26 | | not qualify for consolidated treatment or that are denied. |
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| 1 | | The authority may issue separate permits for each | 2 | | collocation that is approved in a consolidated | 3 | | application. | 4 | | (12) Collocation for which a permit is granted shall be | 5 | | completed within 180 days after issuance of the permit, | 6 | | unless the authority and the wireless provider agree to | 7 | | extend this period or a delay is caused by make-ready work | 8 | | for an authority utility pole or by the lack of commercial | 9 | | power or backhaul availability at the site, provided the | 10 | | wireless provider has made a timely request within 60 days | 11 | | after the issuance of the permit for commercial power or | 12 | | backhaul services, and the additional time to complete | 13 | | installation does not exceed 360 days after issuance of the | 14 | | permit. Otherwise, the permit shall be void unless the | 15 | | authority grants an extension in writing to the applicant. | 16 | | (13) The duration of a permit shall be for a period of | 17 | | not less than 5 years, and the permit shall be renewed for | 18 | | equivalent durations unless the authority makes a finding | 19 | | that the small wireless facilities or the new or modified | 20 | | utility pole do not comply with the applicable codes or | 21 | | local code provisions or regulations in paragraphs (6) and | 22 | | (9). If this Act is repealed as provided in Section 90, | 23 | | renewals of permits shall be subject to the applicable | 24 | | authority code provisions or regulations in effect at the | 25 | | time of renewal. | 26 | | (14) An authority may not prohibit, either expressly or |
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| 1 | | de facto, the (i) filing, receiving, or processing | 2 | | applications, or (ii) issuing of permits or other | 3 | | approvals, if any, for the collocation of small wireless | 4 | | facilities unless there has been a local, State, or federal | 5 | | disaster declaration or similar emergency that causes the | 6 | | delay. | 7 | | (15) Applicants shall submit applications, supporting | 8 | | information, and notices by personal delivery or as | 9 | | otherwise required by the authority. An authority may | 10 | | require that permits, supporting information, and notices | 11 | | be submitted by personal delivery at the authority's | 12 | | designated place of business, by regular mail postmarked on | 13 | | the date due, or by any other commonly used means, | 14 | | including electronic mail, as required by the authority. | 15 | | (e) Application fees are subject to the following | 16 | | requirements: | 17 | | (1) An authority may charge an application fee of up to | 18 | | $650 for an application to collocate a single small | 19 | | wireless facility on an existing utility pole or wireless | 20 | | support structure and up to $350 for each small wireless | 21 | | facility addressed in an application to collocate more than | 22 | | one small wireless facility on existing utility poles or | 23 | | wireless support structures. | 24 | | (2) An authority may charge an application fee of | 25 | | $1,000 for each small wireless facility addressed in an | 26 | | application that includes the installation of a new utility |
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| 1 | | for such collocation. | 2 | | (3) Notwithstanding any contrary provision of State | 3 | | law or local ordinance, applications pursuant to this | 4 | | Section must be accompanied by the required application | 5 | | fee.
| 6 | | (4) Within 2 months after the effective date of this | 7 | | Act, an authority shall make available application fees | 8 | | consistent with this subsection, through ordinance, or in a | 9 | | written schedule of permit fees adopted by the authority.
| 10 | | (f) An authority shall not require an application, | 11 | | approval, or permit, or require any fees or other charges, from | 12 | | a communications service provider authorized to occupy the | 13 | | rights-of-way, for: (i) routine maintenance; (ii) the | 14 | | replacement of wireless facilities with wireless facilities | 15 | | that are substantially similar, the same size, or smaller if | 16 | | the wireless provider notifies the authority at least 10 days | 17 | | prior to the planned replacement and includes equipment | 18 | | specifications for the replacement of equipment consistent | 19 | | with the requirements of subparagraph (D) of paragraph (2) of | 20 | | subsection (d) of this Section; or (iii) the installation, | 21 | | placement, maintenance, operation, or replacement of micro | 22 | | wireless facilities that are suspended on cables that are | 23 | | strung between existing utility poles in compliance with | 24 | | applicable safety codes. However, an authority may require a | 25 | | permit to work within rights-of-way for activities that affect | 26 | | traffic patterns or require lane closures. |
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| 1 | | (g) Nothing in this Act authorizes a person to collocate | 2 | | small wireless facilities on: (1) property owned by a private | 3 | | party or property owned or controlled by a unit of local | 4 | | government that is not located within rights-of-way, subject to | 5 | | subsection (j) of this Section, or a privately owned utility | 6 | | pole or wireless support structure without the consent of the | 7 | | property owner; (2) property owned, leased, or controlled by a | 8 | | park district, forest preserve district, or conservation | 9 | | district for public park, recreation, or conservation purposes | 10 | | without the consent of the affected district, excluding the | 11 | | placement of facilities on rights-of-way located in an affected | 12 | | district that are under the jurisdiction and control of a | 13 | | different unit of local government as provided by the Illinois | 14 | | Highway Code; or (3) property owned by a rail carrier | 15 | | registered under Section 18c-7201 of the Illinois Vehicle Code, | 16 | | Metra Commuter Rail or any other public commuter rail service, | 17 | | or an electric utility as defined in Section 16-102 of the | 18 | | Public Utilities Act, without the consent of the rail carrier, | 19 | | public commuter rail service, or electric utility. The | 20 | | provisions of this Act do not apply to an electric or gas | 21 | | public utility or such utility's wireless facilities if the | 22 | | facilities are being used, developed, and maintained | 23 | | consistent with the provisions of subsection (i) of Section | 24 | | 16-108.5 of the Public Utilities Act. | 25 | | For the purposes of this subsection, "public utility" has | 26 | | the meaning given to that term in Section 3-105 of the Public |
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| 1 | | Utilities Act. Nothing in this Act shall be construed to | 2 | | relieve any person from any requirement (1) to obtain a | 3 | | franchise or a State-issued authorization to offer cable | 4 | | service or video service or (2) to obtain any required | 5 | | permission to install, place, maintain, or operate | 6 | | communications facilities, other than small wireless | 7 | | facilities subject to this Act. | 8 | | (h) Agreements between authorities and wireless providers | 9 | | that relate to the collocation of small wireless facilities in | 10 | | the right-of-way, including the collocation of small wireless | 11 | | facilities on authority utility poles, that are in effect on | 12 | | the effective date of this Act remain in effect for all small | 13 | | wireless facilities collocated on the authority's utility | 14 | | poles pursuant to applications submitted to the authority | 15 | | before the effective date of this Act, subject to applicable | 16 | | termination provisions. Such agreements entered into after the | 17 | | effective date of the Act shall comply with the Act. | 18 | | (i) An authority shall allow the collocation of small | 19 | | wireless facilities on authority utility poles subject to the | 20 | | following: | 21 | | (1) An authority may not enter into an exclusive | 22 | | arrangement with any person for the right to attach small | 23 | | wireless facilities to authority utility poles. | 24 | | (2) The rates and fees for collocations on authority | 25 | | utility poles shall be nondiscriminatory regardless of the | 26 | | services provided by the collocating person. |
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| 1 | | (3) An authority may charge an annual recurring rate to | 2 | | collocate a small wireless facility on an authority utility | 3 | | pole located in a right-of-way that equals (i) $200 per | 4 | | year or (ii) the actual, direct, and reasonable costs | 5 | | related to the wireless provider's use of space on the | 6 | | authority utility pole. Rates for collocation on authority | 7 | | utility poles located outside of a right-of-way are not | 8 | | subject to these limitations. In any controversy | 9 | | concerning the appropriateness of a cost-based rate for an | 10 | | authority utility pole located within a right-of-way, the | 11 | | authority shall have the burden of proving that the rate | 12 | | does not exceed the actual, direct, and reasonable costs | 13 | | for the applicant's proposed use of the authority utility | 14 | | pole. Nothing in this paragraph (3) prohibits a wireless | 15 | | provider and an authority from mutually agreeing to an | 16 | | annual recurring rate of less than $200 to collocate a | 17 | | small wireless facility on an authority utility pole. | 18 | | (4) Authorities or other persons owning or controlling | 19 | | authority utility poles within the right-of-way shall | 20 | | offer rates, fees, and other terms that comply with | 21 | | subparagraphs (A) through (E) of this paragraph (4). Within | 22 | | 2 months after the effective date of this Act, an authority | 23 | | or a person owning or controlling authority utility poles | 24 | | shall make available, through ordinance or an authority | 25 | | utility pole attachment agreement, license or other | 26 | | agreement that makes available to wireless providers, the |
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| 1 | | rates, fees, and terms for the collocation of small | 2 | | wireless facilities on authority utility poles that comply | 3 | | with this Act and with subparagraphs (A) through (E) of | 4 | | this paragraph (4). In the absence of such an ordinance or | 5 | | agreement that complies with this Act, and until such a | 6 | | compliant ordinance or agreement is adopted, wireless | 7 | | providers may collocate small wireless facilities and | 8 | | install utility poles under the requirements of this Act. | 9 | | (A) The rates, fees, and terms must be | 10 | | nondiscriminatory, competitively neutral, and | 11 | | commercially reasonable, and may address, among other | 12 | | requirements, the requirements in subparagraphs (A) | 13 | | through (I) of paragraph (6) of subsection (d) of this | 14 | | Section; subsections (e), (i), and (k) of this Section; | 15 | | Section 30; and Section 35, and must comply with this | 16 | | Act. | 17 | | (B) For authority utility poles that support | 18 | | aerial facilities used to provide communications | 19 | | services or electric service, wireless providers shall | 20 | | comply with the process for make-ready work under 47 | 21 | | U.S.C. 224 and its implementing regulations, and the | 22 | | authority shall follow a substantially similar process | 23 | | for make-ready work except to the extent that the | 24 | | timing requirements are otherwise addressed in this | 25 | | Act. The good-faith estimate of the person owning or | 26 | | controlling the authority utility pole for any |
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| 1 | | make-ready work necessary to enable the pole to support | 2 | | the requested collocation shall include authority | 3 | | utility pole replacement, if necessary. | 4 | | (C) For authority utility poles that do not support | 5 | | aerial facilities used to provide communications | 6 | | services or electric service, the authority shall | 7 | | provide a good-faith estimate for any make-ready work | 8 | | necessary to enable the authority utility pole to | 9 | | support the requested collocation, including pole | 10 | | replacement, if necessary, within 90 days after | 11 | | receipt of a complete application. Make-ready work, | 12 | | including any authority utility pole replacement, | 13 | | shall be completed within 60 days of written acceptance | 14 | | of the good-faith estimate by the applicant at the | 15 | | wireless provider's sole cost and expense. | 16 | | Alternatively, if the authority determines that | 17 | | applicable codes or public safety regulations require | 18 | | the authority utility pole to be replaced to support | 19 | | the requested collocation, the authority may require | 20 | | the wireless provider to replace the authority utility | 21 | | pole at the wireless provider's sole cost and expense. | 22 | | (D) The authority shall not require more | 23 | | make-ready work than required to meet applicable codes | 24 | | or industry standards. Make-ready work may include | 25 | | work needed to accommodate additional public safety | 26 | | communications needs that are identified in a |
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| 1 | | documented and approved plan for the deployment of | 2 | | public safety equipment as specified in paragraph (1) | 3 | | of subsection (d) of this Section and included in an | 4 | | existing or preliminary authority or public service | 5 | | agency budget for attachment within one year of the | 6 | | application. Fees for make-ready work, including any | 7 | | authority utility pole replacement, shall not exceed | 8 | | actual costs or the amount charged to communications | 9 | | service providers for similar work and shall not | 10 | | include any consultants' fees or expenses for | 11 | | authority utility poles that do not support aerial | 12 | | facilities used to provide communications services or | 13 | | electric service. Make-ready work, including any pole | 14 | | replacement, shall be completed within 60 days of | 15 | | written acceptance of the good-faith estimate by the | 16 | | wireless provider, at its sole cost and expense. | 17 | | (E) A wireless provider that has an existing | 18 | | agreement with the authority on the effective date of | 19 | | the Act may accept the rates, fees, and terms that an | 20 | | authority makes available under this Act for the | 21 | | collocation of small wireless facilities or the | 22 | | installation of new utility poles for the collocation | 23 | | of small wireless facilities that are the subject of an | 24 | | application submitted 2 or more years after the | 25 | | effective date of the Act as provided in this paragraph | 26 | | (4) by notifying the authority that it opts to accept |
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| 1 | | such rates, fees, and terms. The existing agreement | 2 | | remains in effect, subject to applicable termination | 3 | | provisions, for the small wireless facilities the | 4 | | wireless provider has collocated on the authority's | 5 | | utility poles pursuant to applications submitted to | 6 | | the authority before the wireless provider provides | 7 | | such notice and exercises its option under this | 8 | | subparagraph. | 9 | | (j) An authority shall authorize the collocation of small | 10 | | wireless facilities on utility poles owned or controlled by the | 11 | | authority that are not located within rights-of-way to the same | 12 | | extent the authority currently permits access to utility poles | 13 | | for other commercial projects or uses. The collocations shall | 14 | | be subject to reasonable and nondiscriminatory rates, fees, and | 15 | | terms as provided in an agreement between the authority and the | 16 | | wireless provider. | 17 | | (k) Nothing in this Section precludes an authority from | 18 | | adopting reasonable rules with respect to the removal of | 19 | | abandoned small wireless facilities. A small wireless facility | 20 | | that is not operated for a continuous period of 12 months shall | 21 | | be considered abandoned and the owner of the facility must | 22 | | remove the small wireless facility within 90 days after receipt | 23 | | of written notice from the authority notifying the owner of the | 24 | | abandonment. The notice shall be sent by certified or | 25 | | registered mail, return receipt requested, by the authority to | 26 | | the owner at the last known address of the owner. If the small |
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| 1 | | wireless facility is not removed within 90 days of such notice, | 2 | | the authority may remove or cause the removal of the such | 3 | | facility pursuant to the terms of its pole attachment agreement | 4 | | for authority utility poles or through whatever actions are | 5 | | provided for abatement of nuisances or by other law for removal | 6 | | and cost recovery. An authority may require a wireless provider | 7 | | to provide written notice to the authority if it sells or | 8 | | transfers small wireless facilities subject to this Act within | 9 | | the jurisdictional boundary of the authority. Such notice shall | 10 | | include the name and contact information of the new wireless | 11 | | provider. | 12 | | (l) Nothing in this Section requires an authority to | 13 | | install or maintain any specific utility pole or to continue to | 14 | | install or maintain utility poles in any location if the | 15 | | authority makes a non-discriminatory decision to eliminate | 16 | | above-ground utility poles of a particular type generally, such | 17 | | as electric utility poles, in all or a significant portion of | 18 | | its geographic jurisdiction. For authority utility poles with | 19 | | collocated small wireless facilities in place when an authority | 20 | | makes a decision to eliminate above-ground utility poles of a | 21 | | particular type generally, the authority shall either (i) | 22 | | continue to maintain the authority utility pole or install and | 23 | | maintain a reasonable alternative utility pole or wireless | 24 | | support structure for the collocation of the small wireless | 25 | | facility, or (ii) offer to sell the utility pole to the | 26 | | wireless provider at a reasonable cost or allow the wireless |
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| 1 | | provider to install its own utility pole so it can maintain | 2 | | service from that location. | 3 | | Section 20. Local authority. Subject to this Act and | 4 | | applicable federal law, an authority may continue to exercise | 5 | | zoning, land use, planning, and permitting authority within its | 6 | | territorial boundaries, including with respect to wireless | 7 | | support structures and utility poles; except that no authority | 8 | | shall have or exercise any jurisdiction or authority over the | 9 | | design, engineering, construction, installation, or operation | 10 | | of any small wireless facility located in an interior structure | 11 | | or upon the site of any campus, stadium, or athletic facility | 12 | | not otherwise owned or controlled by the authority, other than | 13 | | to comply with applicable codes and local code provisions | 14 | | concerning public safety. Nothing in this Act authorizes the | 15 | | State or any political subdivision, including an authority, to | 16 | | require wireless facility deployment or to regulate wireless | 17 | | services. | 18 | | Section 25. Dispute resolution. A circuit court has | 19 | | jurisdiction to resolve all disputes arising under this Act. | 20 | | Pending resolution of a dispute concerning rates for | 21 | | collocation of small wireless facilities on authority utility | 22 | | poles within the right-of-way, the authority shall allow the | 23 | | collocating person to collocate on its poles at annual rates of | 24 | | no more than $200 per year per authority utility pole, with |
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| 1 | | rates to be determined upon final resolution of the dispute. | 2 | | Section 30. Indemnification. A wireless provider shall | 3 | | indemnify and hold an authority harmless against any and all | 4 | | liability or loss from personal injury or property damage | 5 | | resulting from or arising out of, in whole or in part, the use | 6 | | or occupancy of the authority improvements or right-of-way | 7 | | associated with such improvements by the wireless provider or | 8 | | its employees, agents, or contractors arising out of the rights | 9 | | and privileges granted under this Act. A wireless provider has | 10 | | no obligation to indemnify or hold harmless against any | 11 | | liabilities and losses as may be due to or caused by the sole | 12 | | negligence of the authority or its employees or agents. A | 13 | | wireless provider shall further waive any claims that they may | 14 | | have against an authority with respect to consequential, | 15 | | incidental, or special damages, however caused, based on the | 16 | | theory of liability.
| 17 | | Section 35. Insurance. | 18 | | (a) Except for a wireless provider with an existing | 19 | | franchise to occupy and operate in the rights-of-way, during | 20 | | the period in which the wireless provider's facilities are | 21 | | located on the authority improvements or rights-of-way, the | 22 | | authority may require the wireless provider to carry, at the | 23 | | wireless provider's own cost and expense, the following | 24 | | insurance: (i) property insurance for its property's |
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| 1 | | replacement cost against all risks; (ii) workers' compensation | 2 | | insurance, as required by law; or (iii) commercial general | 3 | | liability insurance with respect to its activities on the | 4 | | authority improvements or rights-of-way to afford minimum | 5 | | protection limits consistent with its requirements of other | 6 | | users of authority improvements or rights-of-way, including | 7 | | coverage for bodily injury and property damage. An authority | 8 | | may require a wireless provider to include the authority as an | 9 | | additional insured on the commercial general liability policy | 10 | | and provide certification and documentation of inclusion of the | 11 | | authority in a commercial general liability policy as | 12 | | reasonably required by the authority. | 13 | | (b) A wireless provider may self-insure all or a portion of | 14 | | the insurance coverage and limit requirements required by an | 15 | | authority. A wireless provider that self-insures is not | 16 | | required, to the extent of the self-insurance, to comply with | 17 | | the requirement for the naming of additional insureds under | 18 | | this Section. A wireless provider that elects to self-insure | 19 | | shall provide to the authority evidence sufficient to | 20 | | demonstrate its financial ability to self-insure the insurance | 21 | | coverage and limits required by the authority.
| 22 | | Section 40. Home rule. A home rule unit may not regulate | 23 | | small wireless facilities in a manner inconsistent with this | 24 | | Act. This Section is a limitation under subsection (i) of | 25 | | Section 6 of Article VII of the Illinois Constitution on the |
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| 1 | | concurrent exercise by home rule units of powers and functions | 2 | | exercised by the State.
| 3 | | Section 90. Repeal. This Act is repealed on June 1, 2021. | 4 | | Section 100. The Counties Code is amended by changing | 5 | | Section 5-12001.2 as follows: | 6 | | (55 ILCS 5/5-12001.2) | 7 | | Sec. 5-12001.2. Regulation of telecommunications | 8 | | facilities; Lake County pilot project. In addition to any other | 9 | | requirements under this Division concerning the regulation of | 10 | | telecommunications facilities and except as provided by the | 11 | | Small Wireless Facilities Deployment Act , the following | 12 | | applies to any new telecommunications facilities in Lake County | 13 | | that are not AM telecommunications towers or facilities: | 14 | | (a) For every new wireless telecommunications facility | 15 | | requiring a new tower structure, a telecommunications | 16 | | carrier shall provide the county with documentation | 17 | | consisting of the proposed location, a site plan, and an | 18 | | elevation that sufficiently describes a proposed wireless | 19 | | facility location. | 20 | | (b) The county shall have 7 days to review the facility | 21 | | proposal and contact the telecommunications carrier in | 22 | | writing via e-mail or other written means as specified by | 23 | | the telecommunications carrier. This written communication |
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| 1 | | shall either approve the proposed location or request a | 2 | | meeting to review other possible alternative locations. If | 3 | | requested, the meeting shall take place within 7 days after | 4 | | the date of the written communication. | 5 | | (c) At the meeting, the telecommunications carrier | 6 | | shall provide the county documentation consisting of radio | 7 | | frequency engineering criteria and a corresponding | 8 | | telecommunications facility search ring map, together with | 9 | | documentation of the carrier's efforts to site the proposed | 10 | | facility within the telecommunications facility search | 11 | | ring. | 12 | | (d) Within 21 days after receipt of the carrier's | 13 | | documentation, the county shall propose either an | 14 | | alternative site within the telecommunications facility | 15 | | search ring, or an alternative site outside of the | 16 | | telecommunications search ring that meets the radio | 17 | | frequency engineering criteria provided by the | 18 | | telecommunications carrier and that will not materially | 19 | | increase the construction budget beyond what was estimated | 20 | | on the original carrier proposed site. | 21 | | (e) If the county's proposed alternative site meets the | 22 | | radio frequency engineering criteria provided by the | 23 | | telecommunications carrier, and will not materially | 24 | | increase the construction budget beyond what was estimated | 25 | | on the original carrier proposed site, then the | 26 | | telecommunications carrier shall agree to build the |
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| 1 | | facility at the alternative location, subject to the | 2 | | negotiation of a lease with commercially reasonable terms | 3 | | and the obtainment of the customary building permits. | 4 | | (f) If the telecommunications carrier can demonstrate | 5 | | that: (i) the county's proposed alternative site does not | 6 | | meet the radio frequency engineering criteria, (ii) the | 7 | | county's proposed alternative site will materially | 8 | | increase the construction budget beyond what was estimated | 9 | | on the original carrier proposed site, (iii) the county has | 10 | | failed to provide an alternative site, or (iv) after a | 11 | | period of 90 days after receipt of the alternative site, | 12 | | the telecommunications carrier has failed, after acting in | 13 | | good faith and with due diligence, to obtain a lease or, at | 14 | | a minimum, a letter of intent to lease the alternative site | 15 | | at lease rates not materially greater than the lease rate | 16 | | for the original proposed site; then the carrier can | 17 | | proceed to permit and construct the site under the | 18 | | provisions and standards of Section 5-12001.1 of this Code.
| 19 | | (Source: P.A. 98-197, eff. 8-9-13; 98-756, eff. 7-16-14.)".
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