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


Sen. Michael E. Hastings

Filed: 6/15/2021





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2    AMENDMENT NO. ______. Amend House Bill 1738 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Small Wireless Facilities Deployment Act
5is reenacted 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,



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1broadband, and 9-1-1 services to homes, businesses, and
2schools in Illinois. Because of the integral role that the
3delivery of wireless technology plays in the economic vitality
4of the State of Illinois and in the lives of its citizens, the
5General Assembly has determined that a law addressing the
6deployment of wireless technology is of vital interest to the
7State. To ensure that public and private Illinois consumers
8continue to benefit from these services as soon as possible
9and to ensure that providers of wireless access have a fair and
10predictable process for the deployment of small wireless
11facilities in a manner consistent with the character of the
12area in which the small wireless facilities are deployed, the
13General Assembly is enacting this Act, which specifies how
14local authorities may regulate the collocation of small
15wireless facilities.
16(Source: P.A. 100-585, eff. 6-1-18.)
17    (50 ILCS 840/7)  (was 50 ILCS 835/7)
18    Sec. 7. Applicability. This Act does not apply to a
19municipality with a population of 1,000,000 or more.
20(Source: P.A. 100-585, eff. 6-1-18.)
21    (50 ILCS 840/10)  (was 50 ILCS 835/10)
22    Sec. 10. Definitions. As used in this Act:
23    "Antenna" means communications equipment that transmits or
24receives electromagnetic radio frequency signals used in the



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1provision of wireless services.
2    "Applicable codes" means uniform building, fire,
3electrical, plumbing, or mechanical codes adopted by a
4recognized national code organization or local amendments to
5those codes, including the National Electric Safety Code.
6    "Applicant" means any person who submits an application
7and is a wireless provider.
8    "Application" means a request submitted by an applicant to
9an authority for a permit to collocate small wireless
10facilities, and a request that includes the installation of a
11new utility pole for such collocation, as well as any
12applicable fee for the review of such application.
13    "Authority" means a unit of local government that has
14jurisdiction and control for use of public rights-of-way as
15provided by the Illinois Highway Code for placements within
16public rights-of-way or has zoning or land use control for
17placements not within public rights-of-way.
18    "Authority utility pole" means a utility pole owned or
19operated by an authority in public rights-of-way.
20    "Collocate" or "collocation" means to install, mount,
21maintain, modify, operate, or replace wireless facilities on
22or adjacent to a wireless support structure or utility pole.
23    "Communications service" means cable service, as defined
24in 47 U.S.C. 522(6), as amended; information service, as
25defined in 47 U.S.C. 153(24), as amended; telecommunications
26service, as defined in 47 U.S.C. 153(53), as amended; mobile



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1service, as defined in 47 U.S.C. 153(33), as amended; or
2wireless service other than mobile service.
3    "Communications service provider" means a cable operator,
4as defined in 47 U.S.C. 522(5), as amended; a provider of
5information service, as defined in 47 U.S.C. 153(24), as
6amended; a telecommunications carrier, as defined in 47 U.S.C.
7153(51), as amended; or a wireless provider.
8    "FCC" means the Federal Communications Commission of the
9United States.
10    "Fee" means a one-time charge.
11    "Historic district" or "historic landmark" means a
12building, property, or site, or group of buildings,
13properties, or sites that are either (i) listed in the
14National Register of Historic Places or formally determined
15eligible for listing by the Keeper of the National Register,
16the individual who has been delegated the authority by the
17federal agency to list properties and determine their
18eligibility for the National Register, in accordance with
19Section VI.D.1.a.i through Section VI.D.1.a.v of the
20Nationwide Programmatic Agreement codified at 47 CFR Part 1,
21Appendix C; or (ii) designated as a locally landmarked
22building, property, site, or historic district by an ordinance
23adopted by the authority pursuant to a preservation program
24that meets the requirements of the Certified Local Government
25Program of the Illinois State Historic Preservation Office or
26where such certification of the preservation program by the



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1Illinois State Historic Preservation Office is pending.
2    "Law" means a federal or State statute, common law, code,
3rule, regulation, order, or local ordinance or resolution.
4    "Micro wireless facility" means a small wireless facility
5that is not larger in dimension than 24 inches in length, 15
6inches in width, and 12 inches in height and that has an
7exterior antenna, if any, no longer than 11 inches.
8    "Permit" means a written authorization required by an
9authority to perform an action or initiate, continue, or
10complete a project.
11    "Person" means an individual, corporation, limited
12liability company, partnership, association, trust, or other
13entity or organization, including an authority.
14    "Public safety agency" means the functional division of
15the federal government, the State, a unit of local government,
16or a special purpose district located in whole or in part
17within this State, that provides or has authority to provide
18firefighting, police, ambulance, medical, or other emergency
19services to respond to and manage emergency incidents.
20    "Rate" means a recurring charge.
21    "Right-of-way" means the area on, below, or above a public
22roadway, highway, street, public sidewalk, alley, or utility
23easement dedicated for compatible use. "Right-of-way" does not
24include authority-owned aerial lines.
25    "Small wireless facility" means a wireless facility that
26meets both of the following qualifications: (i) each antenna



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1is located inside an enclosure of no more than 6 cubic feet in
2volume or, in the case of an antenna that has exposed elements,
3the antenna and all of its exposed elements could fit within an
4imaginary enclosure of no more than 6 cubic feet; and (ii) all
5other wireless equipment attached directly to a utility pole
6associated with the facility is cumulatively no more than 25
7cubic feet in volume. The following types of associated
8ancillary equipment are not included in the calculation of
9equipment volume: electric meter, concealment elements,
10telecommunications demarcation box, ground-based enclosures,
11grounding equipment, power transfer switch, cut-off switch,
12and vertical cable runs for the connection of power and other
14    "Utility pole" means a pole or similar structure that is
15used in whole or in part by a communications service provider
16or for electric distribution, lighting, traffic control, or a
17similar function.
18    "Wireless facility" means equipment at a fixed location
19that enables wireless communications between user equipment
20and a communications network, including: (i) equipment
21associated with wireless communications; and (ii) radio
22transceivers, antennas, coaxial or fiber-optic cable, regular
23and backup power supplies, and comparable equipment,
24regardless of technological configuration. "Wireless facility"
25includes small wireless facilities. "Wireless facility" does
26not include: (i) the structure or improvements on, under, or



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1within which the equipment is collocated; or (ii) wireline
2backhaul facilities, coaxial or fiber optic cable that is
3between wireless support structures or utility poles or
4coaxial, or fiber optic cable that is otherwise not
5immediately adjacent to or directly associated with an
7    "Wireless infrastructure provider" means any person
8authorized to provide telecommunications service in the State
9that builds or installs wireless communication transmission
10equipment, wireless facilities, wireless support structures,
11or utility poles and that is not a wireless services provider
12but is acting as an agent or a contractor for a wireless
13services provider for the application submitted to the
15    "Wireless provider" means a wireless infrastructure
16provider or a wireless services provider.
17    "Wireless services" means any services provided to the
18general public, including a particular class of customers, and
19made available on a nondiscriminatory basis using licensed or
20unlicensed spectrum, whether at a fixed location or mobile,
21provided using wireless facilities.
22    "Wireless services provider" means a person who provides
23wireless services.
24    "Wireless support structure" means a freestanding
25structure, such as a monopole; tower, either guyed or
26self-supporting; billboard; or other existing or proposed



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1structure designed to support or capable of supporting
2wireless facilities. "Wireless support structure" does not
3include a utility pole.
4(Source: P.A. 100-585, eff. 6-1-18.)
5    (50 ILCS 840/15)  (was 50 ILCS 835/15)
6    Sec. 15. Regulation of small wireless facilities.
7    (a) This Section applies to activities of a wireless
8provider within or outside rights-of-way.
9    (b) Except as provided in this Section, an authority may
10not prohibit, regulate, or charge for the collocation of small
11wireless facilities.
12    (c) Small wireless facilities shall be classified as
13permitted uses and subject to administrative review in
14conformance with this Act, except as provided in paragraph (5)
15of subsection (d) of this Section regarding height exceptions
16or variances, but not subject to zoning review or approval if
17they are collocated (i) in rights-of-way in any zone, or (ii)
18outside rights-of-way in property zoned exclusively for
19commercial or industrial use.
20    (d) An authority may require an applicant to obtain one or
21more permits to collocate a small wireless facility. An
22authority shall receive applications for, process, and issue
23permits subject to the following requirements:
24        (1) An authority may not directly or indirectly
25    require an applicant to perform services unrelated to the



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



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1        surroundings depicting the utility poles or structures
2        on which each proposed small wireless facility would
3        be mounted or location where utility poles or
4        structures would be installed;
5            (C) specifications and drawings prepared by a
6        structural engineer, as that term is defined in
7        Section 4 of the Structural Engineering Practice Act
8        of 1989, for each proposed small wireless facility
9        covered by the application as it is proposed to be
10        installed;
11            (D) the equipment type and model numbers for the
12        antennas and all other wireless equipment associated
13        with the small wireless facility;
14            (E) a proposed schedule for the installation and
15        completion of each small wireless facility covered by
16        the application, if approved;
17            (F) certification that the collocation complies
18        with paragraph (6) to the best of the applicant's
19        knowledge; and
20            (G) the wireless provider's certification from a
21        radio engineer that it operates the small wireless
22        facility within all applicable FCC standards.
23        (3) Subject to paragraph (6), an authority may not
24    require the placement of small wireless facilities on any
25    specific utility pole, or category of utility poles, or
26    require multiple antenna systems on a single utility pole;



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1    however, with respect to an application for the
2    collocation of a small wireless facility associated with a
3    new utility pole, an authority may propose that the small
4    wireless facility be collocated on an existing utility
5    pole or existing wireless support structure within 200
6    feet of the proposed collocation, which the applicant
7    shall accept if it has the right to use the alternate
8    structure on reasonable terms and conditions and the
9    alternate location and structure does not impose technical
10    limits or additional material costs as determined by the
11    applicant. The authority may require the applicant to
12    provide a written certification describing the property
13    rights, technical limits or material cost reasons the
14    alternate location does not satisfy the criteria in this
15    paragraph (3).
16        (4) Subject to paragraph (6), an authority may not
17    limit the placement of small wireless facilities mounted
18    on a utility pole or a wireless support structure by
19    minimum horizontal separation distances.
20        (5) An authority may limit the maximum height of a
21    small wireless facility to 10 feet above the utility pole
22    or wireless support structure on which the small wireless
23    facility is collocated. Subject to any applicable waiver,
24    zoning, or other process that addresses wireless provider
25    requests for an exception or variance and does not
26    prohibit granting of such exceptions or variances, the



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1    authority may limit the height of new or replacement
2    utility poles or wireless support structures on which
3    small wireless facilities are collocated to the higher of:
4    (i) 10 feet in height above the tallest existing utility
5    pole, other than a utility pole supporting only wireless
6    facilities, that is in place on the date the application
7    is submitted to the authority, that is located within 300
8    feet of the new or replacement utility pole or wireless
9    support structure and that is in the same right-of-way
10    within the jurisdictional boundary of the authority,
11    provided the authority may designate which intersecting
12    right-of-way within 300 feet of the proposed utility pole
13    or wireless support structures shall control the height
14    limitation for such facility; or (ii) 45 feet above ground
15    level.
16        (6) An authority may require that:
17            (A) the wireless provider's operation of the small
18        wireless facilities does not interfere with the
19        frequencies used by a public safety agency for public
20        safety communications; a wireless provider shall
21        install small wireless facilities of the type and
22        frequency that will not cause unacceptable
23        interference with a public safety agency's
24        communications equipment; unacceptable interference
25        will be determined by and measured in accordance with
26        industry standards and the FCC's regulations



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1        addressing unacceptable interference to public safety
2        spectrum or any other spectrum licensed by a public
3        safety agency; if a small wireless facility causes
4        such interference, and the wireless provider has been
5        given written notice of the interference by the public
6        safety agency, the wireless provider, at its own
7        expense, shall take all reasonable steps necessary to
8        correct and eliminate the interference, including, but
9        not limited to, powering down the small wireless
10        facility and later powering up the small wireless
11        facility for intermittent testing, if necessary; the
12        authority may terminate a permit for a small wireless
13        facility based on such interference if the wireless
14        provider is not making a good faith effort to remedy
15        the problem in a manner consistent with the abatement
16        and resolution procedures for interference with public
17        safety spectrum established by the FCC including 47
18        CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672
19        through 47 CFR 90.675;
20            (B) the wireless provider comply with requirements
21        that are imposed by a contract between an authority
22        and a private property owner that concern design or
23        construction standards applicable to utility poles and
24        ground-mounted equipment located in the right-of-way;
25            (C) the wireless provider comply with applicable
26        spacing requirements in applicable codes and



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1        ordinances concerning the location of ground-mounted
2        equipment located in the right-of-way if the
3        requirements include a waiver, zoning, or other
4        process that addresses wireless provider requests for
5        exception or variance and do not prohibit granting of
6        such exceptions or variances;
7            (D) the wireless provider comply with local code
8        provisions or regulations concerning undergrounding
9        requirements that prohibit the installation of new or
10        the modification of existing utility poles in a
11        right-of-way without prior approval if the
12        requirements include a waiver, zoning, or other
13        process that addresses requests to install such new
14        utility poles or modify such existing utility poles
15        and do not prohibit the replacement of utility poles;
16            (E) the wireless provider comply with generally
17        applicable standards that are consistent with this Act
18        and adopted by an authority for construction and
19        public safety in the rights-of-way, including, but not
20        limited to, reasonable and nondiscriminatory wiring
21        and cabling requirements, grounding requirements,
22        utility pole extension requirements, acoustic
23        regulations, and signage limitations; and shall comply
24        with reasonable and nondiscriminatory requirements
25        that are consistent with this Act and adopted by an
26        authority regulating the location, size, surface area



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1        and height of small wireless facilities, or the
2        abandonment and removal of small wireless facilities;
3            (F) the wireless provider not collocate small
4        wireless facilities on authority utility poles that
5        are part of an electric distribution or transmission
6        system within the communication worker safety zone of
7        the pole or the electric supply zone of the pole;
8        however, the antenna and support equipment of the
9        small wireless facility may be located in the
10        communications space on the authority utility pole and
11        on the top of the pole, if not otherwise unavailable,
12        if the wireless provider complies with applicable
13        codes for work involving the top of the pole; for
14        purposes of this subparagraph (F), the terms
15        "communications space", "communication worker safety
16        zone", and "electric supply zone" have the meanings
17        given to those terms in the National Electric Safety
18        Code as published by the Institute of Electrical and
19        Electronics Engineers;
20            (G) the wireless provider comply with the
21        applicable codes and local code provisions or
22        regulations that concern public safety;
23            (H) the wireless provider comply with written
24        design standards that are generally applicable for
25        decorative utility poles, or reasonable stealth,
26        concealment, and aesthetic requirements that are



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1        identified by the authority in an ordinance, written
2        policy adopted by the governing board of the
3        authority, a comprehensive plan, or other written
4        design plan that applies to other occupiers of the
5        rights-of-way, including on a historic landmark or in
6        a historic district;
7            (I) subject to subsection (c) of this Section, and
8        except for facilities excluded from evaluation for
9        effects on historic properties under 47 CFR
10        1.1307(a)(4), reasonable, technically feasible and
11        non-discriminatory design or concealment measures in a
12        historic district or historic landmark; any such
13        design or concealment measures, including restrictions
14        on a specific category of poles, may not have the
15        effect of prohibiting any provider's technology; such
16        design and concealment measures shall not be
17        considered a part of the small wireless facility for
18        purposes of the size restrictions of a small wireless
19        facility; this paragraph may not be construed to limit
20        an authority's enforcement of historic preservation in
21        conformance with the requirements adopted pursuant to
22        the Illinois State Agency Historic Resources
23        Preservation Act or the National Historic Preservation
24        Act of 1966, 54 U.S.C. Section 300101 et seq., and the
25        regulations adopted to implement those laws; and
26            (J) When a wireless provider replaces or adds a



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1        new radio transceiver or antennas to an existing small
2        wireless facility, certification by the wireless
3        provider from a radio engineer that the continuing
4        operation of the small wireless facility complies with
5        all applicable FCC standards.
6        (7) Within 30 days after receiving an application, an
7    authority must determine whether the application is
8    complete and notify the applicant. If an application is
9    incomplete, an authority must specifically identify the
10    missing information. An application shall be deemed
11    complete if the authority fails to provide notification to
12    the applicant within 30 days after when all documents,
13    information, and fees specifically enumerated in the
14    authority's permit application form are submitted by the
15    applicant to the authority. Processing deadlines are
16    tolled from the time the authority sends the notice of
17    incompleteness to the time the applicant provides the
18    missing information.
19        (8) An authority shall process applications as
20    follows:
21            (A) an application to collocate a small wireless
22        facility on an existing utility pole or wireless
23        support structure shall be processed on a
24        nondiscriminatory basis and deemed approved if the
25        authority fails to approve or deny the application
26        within 90 days; however, if an applicant intends to



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1        proceed with the permitted activity on a deemed
2        approved basis, the applicant must notify the
3        authority in writing of its intention to invoke the
4        deemed approved remedy no sooner than 75 days after
5        the submission of a completed application; the permit
6        shall be deemed approved on the latter of the 90th day
7        after submission of the complete application or the
8        10th day after the receipt of the deemed approved
9        notice by the authority; the receipt of the deemed
10        approved notice shall not preclude the authority's
11        denial of the permit request within the time limits as
12        provided under this Act; and
13            (B) an application to collocate a small wireless
14        facility that includes the installation of a new
15        utility pole shall be processed on a nondiscriminatory
16        basis and deemed approved if the authority fails to
17        approve or deny the application within 120 days;
18        however, if an applicant intends to proceed with the
19        permitted activity on a deemed approved basis, the
20        applicant must notify the authority in writing of its
21        intention to invoke the deemed approved remedy no
22        sooner than 105 days after the submission of a
23        completed application; the permit shall be deemed
24        approved on the latter of the 120th day after
25        submission of the complete application or the 10th day
26        after the receipt of the deemed approved notice by the



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1        authority; the receipt of the deemed approved notice
2        shall not preclude the authority's denial of the
3        permit request within the time limits as provided
4        under this Act.
5        (9) An authority shall approve an application unless
6    the application does not meet the requirements of this
7    Act. If an authority determines that applicable codes,
8    local code provisions or regulations that concern public
9    safety, or the requirements of paragraph (6) require that
10    the utility pole or wireless support structure be replaced
11    before the requested collocation, approval may be
12    conditioned on the replacement of the utility pole or
13    wireless support structure at the cost of the provider.
14    The authority must document the basis for a denial,
15    including the specific code provisions or application
16    conditions on which the denial was based, and send the
17    documentation to the applicant on or before the day the
18    authority denies an application. The applicant may cure
19    the deficiencies identified by the authority and resubmit
20    the revised application once within 30 days after notice
21    of denial is sent to the applicant without paying an
22    additional application fee. The authority shall approve or
23    deny the revised application within 30 days after the
24    applicant resubmits the application or it is deemed
25    approved; however, the applicant must notify the authority
26    in writing of its intention to proceed with the permitted



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1    activity on a deemed approved basis, which may be
2    submitted with the resubmitted application. Any subsequent
3    review shall be limited to the deficiencies cited in the
4    denial. However, this revised application cure does not
5    apply if the cure requires the review of a new location,
6    new or different structure to be collocated upon, new
7    antennas, or other wireless equipment associated with the
8    small wireless facility.
9        (10) The time period for applications may be further
10    tolled by:
11            (A) the express agreement in writing by both the
12        applicant and the authority; or
13            (B) a local, State, or federal disaster
14        declaration or similar emergency that causes the
15        delay.
16        (11) An applicant seeking to collocate small wireless
17    facilities within the jurisdiction of a single authority
18    shall be allowed, at the applicant's discretion, to file a
19    consolidated application and receive a single permit for
20    the collocation of up to 25 small wireless facilities if
21    the collocations each involve substantially the same type
22    of small wireless facility and substantially the same type
23    of structure. If an application includes multiple small
24    wireless facilities, the authority may remove small
25    wireless facility collocations from the application and
26    treat separately small wireless facility collocations for



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1    which incomplete information has been provided or that do
2    not qualify for consolidated treatment or that are denied.
3    The authority may issue separate permits for each
4    collocation that is approved in a consolidated
5    application.
6        (12) Collocation for which a permit is granted shall
7    be completed within 180 days after issuance of the permit,
8    unless the authority and the wireless provider agree to
9    extend this period or a delay is caused by make-ready work
10    for an authority utility pole or by the lack of commercial
11    power or backhaul availability at the site, provided the
12    wireless provider has made a timely request within 60 days
13    after the issuance of the permit for commercial power or
14    backhaul services, and the additional time to complete
15    installation does not exceed 360 days after issuance of
16    the permit. Otherwise, the permit shall be void unless the
17    authority grants an extension in writing to the applicant.
18        (13) The duration of a permit shall be for a period of
19    not less than 5 years, and the permit shall be renewed for
20    equivalent durations unless the authority makes a finding
21    that the small wireless facilities or the new or modified
22    utility pole do not comply with the applicable codes or
23    local code provisions or regulations in paragraphs (6) and
24    (9). If this Act is repealed as provided in Section 90,
25    renewals of permits shall be subject to the applicable
26    authority code provisions or regulations in effect at the



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1    time of renewal.
2        (14) An authority may not prohibit, either expressly
3    or de facto, the (i) filing, receiving, or processing
4    applications, or (ii) issuing of permits or other
5    approvals, if any, for the collocation of small wireless
6    facilities unless there has been a local, State, or
7    federal disaster declaration or similar emergency that
8    causes the delay.
9        (15) Applicants shall submit applications, supporting
10    information, and notices by personal delivery or as
11    otherwise required by the authority. An authority may
12    require that permits, supporting information, and notices
13    be submitted by personal delivery at the authority's
14    designated place of business, by regular mail postmarked
15    on the date due, or by any other commonly used means,
16    including electronic mail, as required by the authority.
17    (e) Application fees are subject to the following
19        (1) An authority may charge an application fee of up
20    to $650 for an application to collocate a single small
21    wireless facility on an existing utility pole or wireless
22    support structure and up to $350 for each small wireless
23    facility addressed in an application to collocate more
24    than one small wireless facility on existing utility poles
25    or wireless support structures.
26        (2) An authority may charge an application fee of



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1    $1,000 for each small wireless facility addressed in an
2    application that includes the installation of a new
3    utility for such collocation.
4        (3) Notwithstanding any contrary provision of State
5    law or local ordinance, applications pursuant to this
6    Section must be accompanied by the required application
7    fee.
8        (4) Within 2 months after the effective date of this
9    Act, an authority shall make available application fees
10    consistent with this subsection, through ordinance, or in
11    a written schedule of permit fees adopted by the
12    authority.
13    (f) An authority shall not require an application,
14approval, or permit, or require any fees or other charges,
15from a communications service provider authorized to occupy
16the rights-of-way, for: (i) routine maintenance; (ii) the
17replacement of wireless facilities with wireless facilities
18that are substantially similar, the same size, or smaller if
19the wireless provider notifies the authority at least 10 days
20prior to the planned replacement and includes equipment
21specifications for the replacement of equipment consistent
22with the requirements of subparagraph (D) of paragraph (2) of
23subsection (d) of this Section; or (iii) the installation,
24placement, maintenance, operation, or replacement of micro
25wireless facilities that are suspended on cables that are
26strung between existing utility poles in compliance with



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1applicable safety codes. However, an authority may require a
2permit to work within rights-of-way for activities that affect
3traffic patterns or require lane closures.
4    (g) Nothing in this Act authorizes a person to collocate
5small wireless facilities on: (1) property owned by a private
6party or property owned or controlled by a unit of local
7government that is not located within rights-of-way, subject
8to subsection (j) of this Section, or a privately owned
9utility pole or wireless support structure without the consent
10of the property owner; (2) property owned, leased, or
11controlled by a park district, forest preserve district, or
12conservation district for public park, recreation, or
13conservation purposes without the consent of the affected
14district, excluding the placement of facilities on
15rights-of-way located in an affected district that are under
16the jurisdiction and control of a different unit of local
17government as provided by the Illinois Highway Code; or (3)
18property owned by a rail carrier registered under Section
1918c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or
20any other public commuter rail service, or an electric utility
21as defined in Section 16-102 of the Public Utilities Act,
22without the consent of the rail carrier, public commuter rail
23service, or electric utility. The provisions of this Act do
24not apply to an electric or gas public utility or such
25utility's wireless facilities if the facilities are being
26used, developed, and maintained consistent with the provisions



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1of subsection (i) of Section 16-108.5 of the Public Utilities
3    For the purposes of this subsection, "public utility" has
4the meaning given to that term in Section 3-105 of the Public
5Utilities Act. Nothing in this Act shall be construed to
6relieve any person from any requirement (1) to obtain a
7franchise or a State-issued authorization to offer cable
8service or video service or (2) to obtain any required
9permission to install, place, maintain, or operate
10communications facilities, other than small wireless
11facilities subject to this Act.
12    (h) Agreements between authorities and wireless providers
13that relate to the collocation of small wireless facilities in
14the right-of-way, including the collocation of small wireless
15facilities on authority utility poles, that are in effect on
16the effective date of this Act remain in effect for all small
17wireless facilities collocated on the authority's utility
18poles pursuant to applications submitted to the authority
19before the effective date of this Act, subject to applicable
20termination provisions. Such agreements entered into after the
21effective date of the Act shall comply with the Act.
22    (i) An authority shall allow the collocation of small
23wireless facilities on authority utility poles subject to the
25        (1) An authority may not enter into an exclusive
26    arrangement with any person for the right to attach small



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



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



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1        authority shall follow a substantially similar process
2        for make-ready work except to the extent that the
3        timing requirements are otherwise addressed in this
4        Act. The good-faith estimate of the person owning or
5        controlling the authority utility pole for any
6        make-ready work necessary to enable the pole to
7        support the requested collocation shall include
8        authority utility pole replacement, if necessary.
9            (C) For authority utility poles that do not
10        support aerial facilities used to provide
11        communications services or electric service, the
12        authority shall provide a good-faith estimate for any
13        make-ready work necessary to enable the authority
14        utility pole to support the requested collocation,
15        including pole replacement, if necessary, within 90
16        days after receipt of a complete application.
17        Make-ready work, including any authority utility pole
18        replacement, shall be completed within 60 days of
19        written acceptance of the good-faith estimate by the
20        applicant at the wireless provider's sole cost and
21        expense. Alternatively, if the authority determines
22        that applicable codes or public safety regulations
23        require the authority utility pole to be replaced to
24        support the requested collocation, the authority may
25        require the wireless provider to replace the authority
26        utility pole at the wireless provider's sole cost and



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



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1        collocation of small wireless facilities or the
2        installation of new utility poles for the collocation
3        of small wireless facilities that are the subject of
4        an application submitted 2 or more years after the
5        effective date of the Act as provided in this
6        paragraph (4) by notifying the authority that it opts
7        to accept such rates, fees, and terms. The existing
8        agreement remains in effect, subject to applicable
9        termination provisions, for the small wireless
10        facilities the wireless provider has collocated on the
11        authority's utility poles pursuant to applications
12        submitted to the authority before the wireless
13        provider provides such notice and exercises its option
14        under this subparagraph.
15    (j) An authority shall authorize the collocation of small
16wireless facilities on utility poles owned or controlled by
17the authority that are not located within rights-of-way to the
18same extent the authority currently permits access to utility
19poles for other commercial projects or uses. The collocations
20shall be subject to reasonable and nondiscriminatory rates,
21fees, and terms as provided in an agreement between the
22authority and the wireless provider.
23    (k) Nothing in this Section precludes an authority from
24adopting reasonable rules with respect to the removal of
25abandoned small wireless facilities. A small wireless facility
26that is not operated for a continuous period of 12 months shall



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1be considered abandoned and the owner of the facility must
2remove the small wireless facility within 90 days after
3receipt of written notice from the authority notifying the
4owner of the abandonment. The notice shall be sent by
5certified or registered mail, return receipt requested, by the
6authority to the owner at the last known address of the owner.
7If the small wireless facility is not removed within 90 days of
8such notice, the authority may remove or cause the removal of
9the facility pursuant to the terms of its pole attachment
10agreement for authority utility poles or through whatever
11actions are provided for abatement of nuisances or by other
12law for removal and cost recovery. An authority may require a
13wireless provider to provide written notice to the authority
14if it sells or transfers small wireless facilities subject to
15this Act within the jurisdictional boundary of the authority.
16Such notice shall include the name and contact information of
17the new wireless provider.
18    (l) Nothing in this Section requires an authority to
19install or maintain any specific utility pole or to continue
20to install or maintain utility poles in any location if the
21authority makes a non-discriminatory decision to eliminate
22above-ground utility poles of a particular type generally,
23such as electric utility poles, in all or a significant
24portion of its geographic jurisdiction. For authority utility
25poles with collocated small wireless facilities in place when
26an authority makes a decision to eliminate above-ground



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1utility poles of a particular type generally, the authority
2shall either (i) continue to maintain the authority utility
3pole or install and maintain a reasonable alternative utility
4pole or wireless support structure for the collocation of the
5small wireless facility, or (ii) offer to sell the utility
6pole to the wireless provider at a reasonable cost or allow the
7wireless provider to install its own utility pole so it can
8maintain service from that location.
9(Source: P.A. 102-9, eff. 6-3-21.)
10    (50 ILCS 840/20)  (was 50 ILCS 835/20)
11    Sec. 20. Local authority. Subject to this Act and
12applicable federal law, an authority may continue to exercise
13zoning, land use, planning, and permitting authority within
14its territorial boundaries, including with respect to wireless
15support structures and utility poles; except that no authority
16shall have or exercise any jurisdiction or authority over the
17design, engineering, construction, installation, or operation
18of any small wireless facility located in an interior
19structure or upon the site of any campus, stadium, or athletic
20facility not otherwise owned or controlled by the authority,
21other than to comply with applicable codes and local code
22provisions concerning public safety. Nothing in this Act
23authorizes the State or any political subdivision, including
24an authority, to require wireless facility deployment or to
25regulate wireless services.



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1(Source: P.A. 100-585, eff. 6-1-18.)
2    (50 ILCS 840/25)  (was 50 ILCS 835/25)
3    Sec. 25. Dispute resolution. A circuit court has
4jurisdiction to resolve all disputes arising under this Act.
5Pending resolution of a dispute concerning rates for
6collocation of small wireless facilities on authority utility
7poles within the right-of-way, the authority shall allow the
8collocating person to collocate on its poles at annual rates
9of no more than $200 per year per authority utility pole, with
10rates to be determined upon final resolution of the dispute.
11(Source: P.A. 100-585, eff. 6-1-18.)
12    (50 ILCS 840/30)  (was 50 ILCS 835/30)
13    Sec. 30. Indemnification. A wireless provider shall
14indemnify and hold an authority harmless against any and all
15liability or loss from personal injury or property damage
16resulting from or arising out of, in whole or in part, the use
17or occupancy of the authority improvements or right-of-way
18associated with such improvements by the wireless provider or
19its employees, agents, or contractors arising out of the
20rights and privileges granted under this Act. A wireless
21provider has no obligation to indemnify or hold harmless
22against any liabilities and losses as may be due to or caused
23by the sole negligence of the authority or its employees or
24agents. A wireless provider shall further waive any claims



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1that they may have against an authority with respect to
2consequential, incidental, or special damages, however caused,
3based on the theory of liability.
4(Source: P.A. 100-585, eff. 6-1-18.)
5    (50 ILCS 840/35)  (was 50 ILCS 835/35)
6    Sec. 35. Insurance.
7    (a) Except for a wireless provider with an existing
8franchise to occupy and operate in the rights-of-way, during
9the period in which the wireless provider's facilities are
10located on the authority improvements or rights-of-way, the
11authority may require the wireless provider to carry, at the
12wireless provider's own cost and expense, the following
13insurance: (i) property insurance for its property's
14replacement cost against all risks; (ii) workers' compensation
15insurance, as required by law; or (iii) commercial general
16liability insurance with respect to its activities on the
17authority improvements or rights-of-way to afford minimum
18protection limits consistent with its requirements of other
19users of authority improvements or rights-of-way, including
20coverage for bodily injury and property damage. An authority
21may require a wireless provider to include the authority as an
22additional insured on the commercial general liability policy
23and provide certification and documentation of inclusion of
24the authority in a commercial general liability policy as
25reasonably required by the authority.



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1    (b) A wireless provider may self-insure all or a portion
2of the insurance coverage and limit requirements required by
3an authority. A wireless provider that self-insures is not
4required, to the extent of the self-insurance, to comply with
5the requirement for the naming of additional insureds under
6this Section. A wireless provider that elects to self-insure
7shall provide to the authority evidence sufficient to
8demonstrate its financial ability to self-insure the insurance
9coverage and limits required by the authority.
10(Source: P.A. 100-585, eff. 6-1-18.)
11    (50 ILCS 840/40)  (was 50 ILCS 835/40)
12    Sec. 40. Home rule. A home rule unit may not regulate small
13wireless facilities in a manner inconsistent with this Act.
14This Section is a limitation under subsection (i) of Section 6
15of Article VII of the Illinois Constitution on the concurrent
16exercise by home rule units of powers and functions exercised
17by the State.
18(Source: P.A. 100-585, eff. 6-1-18.)
19    (50 ILCS 840/45)
20    Sec. 45. Continuation of Act; validation.
21    (a) The General Assembly finds and declares that Public
22Act 102-9 and this amendatory Act of the 102nd General
23Assembly manifest this amendatory Act of the 102nd General
24Assembly manifests the intention of the General Assembly to



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1extend the repeal of this Act and have this Act continue in
2effect until December 31, 2024.
3    (b) This Act is Section shall be deemed to have been in
4continuous effect since June 1, 2021 and it shall continue to
5be in effect henceforward until it is otherwise lawfully
6repealed. The changes made to this Act by Public Act 102-9 All
7previously enacted amendments to this Act taking effect on or
8after June 1, 2021, are hereby validated. All actions taken in
9reliance on or under this Act by any person or entity are
10hereby validated.
11    (c) Public Act 102-9 was intended to reenact this Act, but
12it did not set forth this Act in full. To ensure the continuing
13effectiveness of this Act, this Act is set forth in full and
14reenacted by this amendatory Act of the 102nd General
15Assembly. In order to ensure the continuing effectiveness of
16this Act, it is set forth in full and reenacted by this
17amendatory Act of the 102nd General Assembly. Striking and
18underscoring are used only to show changes being made to the
19base text. This reenactment is intended as a continuation of
20this Act. This reenactment is not intended to supersede any
21amendment to this Act that may be made by any other Public Act
22of the 102nd General Assembly. This reenactment is intended as
23a continuation of this Act. It is not intended to supersede any
24amendment to this Act that is enacted by the 102nd General
26(Source: P.A. 102-9, eff. 6-3-21.)



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1    (50 ILCS 840/90)  (was 50 ILCS 835/90)
2    Sec. 90. Repeal. This Act is repealed on December 31,
4(Source: P.A. 102-9, eff. 6-3-21.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".