Full Text of HB2561 102nd General Assembly
HB2561 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2561 Introduced 2/19/2021, by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED: |
| 50 ILCS 840/15 | was 50 ILCS 835/15 |
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Amends the Small Wireless Facilities Deployment Act. In provisions relating to the permit application process for an applicant to collocate a small wireless facility, allows an authority to require an applicant or site developer to provide probative evidence in the form of hard data recorded during a drive test performed by an independent radio-frequency engineer selected by the authority to support gap-in-coverage claims to establish (i) the existence of a real gap in the specific carrier's wireless coverage, (ii) the location of the gap, and (iii) the geographical boundaries of the gap.
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| | A BILL FOR |
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| | | HB2561 | | LRB102 14490 AWJ 19843 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Small Wireless Facilities Deployment Act is | 5 | | amended by changing Section 15 as follows: | 6 | | (50 ILCS 840/15) (was 50 ILCS 835/15)
| 7 | | (Section scheduled to be repealed on June 1, 2021) | 8 | | Sec. 15. Regulation of small wireless facilities. | 9 | | (a) This Section applies to activities of a wireless | 10 | | provider within or outside rights-of-way. | 11 | | (b) Except as provided in this Section, an authority may | 12 | | not prohibit, regulate, or charge for the collocation of small | 13 | | wireless facilities. | 14 | | (c) Small wireless facilities shall be classified as | 15 | | permitted uses and subject to administrative review in | 16 | | conformance with this Act, except as provided in paragraph (5) | 17 | | of subsection (d) of this Section regarding height exceptions | 18 | | or variances, but not subject to zoning review or approval if | 19 | | they are collocated (i) in rights-of-way in any zone, or (ii) | 20 | | outside rights-of-way in property zoned exclusively for | 21 | | commercial or industrial use. | 22 | | (d) An authority may require an applicant to obtain one or | 23 | | more permits to collocate a small wireless facility. An |
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| 1 | | authority shall receive applications for, process, and issue | 2 | | permits subject to the following requirements: | 3 | | (1) An authority may not directly or indirectly | 4 | | require an applicant to perform services unrelated to the | 5 | | collocation for which approval is sought, such as in-kind | 6 | | contributions to the authority, including reserving fiber, | 7 | | conduit, or utility pole space for the authority on the | 8 | | wireless provider's utility pole. An authority may reserve | 9 | | space on authority utility poles for future public safety | 10 | | uses or for the authority's electric utility uses, but a | 11 | | reservation of space may not preclude the collocation of a | 12 | | small wireless facility unless the authority reasonably | 13 | | determines that the authority utility pole cannot | 14 | | accommodate both uses. | 15 | | (2) An applicant shall not be required to provide more | 16 | | information to obtain a permit than the authority requires | 17 | | of a communications service provider that is not a | 18 | | wireless provider that requests to attach facilities to a | 19 | | structure; however, a wireless provider may be required to | 20 | | provide the following information when seeking a permit to | 21 | | collocate small wireless facilities on a utility pole or | 22 | | wireless support structure: | 23 | | (A) site specific structural integrity and, for an | 24 | | authority utility pole, make-ready analysis prepared | 25 | | by a structural engineer, as that term is defined in | 26 | | Section 4 of the Structural Engineering Practice Act |
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| 1 | | of 1989; | 2 | | (B) the location where each proposed small | 3 | | wireless facility or utility pole would be installed | 4 | | and photographs of the location and its immediate | 5 | | surroundings depicting the utility poles or structures | 6 | | on which each proposed small wireless facility would | 7 | | be mounted or location where utility poles or | 8 | | structures would be installed; | 9 | | (C) specifications and drawings prepared by a | 10 | | structural engineer, as that term is defined in | 11 | | Section 4 of the Structural Engineering Practice Act | 12 | | of 1989, for each proposed small wireless facility | 13 | | covered by the application as it is proposed to be | 14 | | installed; | 15 | | (D) the equipment type and model numbers for the | 16 | | antennas and all other wireless equipment associated | 17 | | with the small wireless facility; | 18 | | (E) a proposed schedule for the installation and | 19 | | completion of each small wireless facility covered by | 20 | | the application, if approved; and | 21 | | (F) certification that the collocation complies | 22 | | with paragraph (6) to the best of the applicant's | 23 | | knowledge. | 24 | | (3) Subject to paragraph (6), an authority may not | 25 | | require the placement of small wireless facilities on any | 26 | | specific utility pole, or category of utility poles, or |
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| 1 | | require multiple antenna systems on a single utility pole; | 2 | | however, with respect to an application for the | 3 | | collocation of a small wireless facility associated with a | 4 | | new utility pole, an authority may propose that the small | 5 | | wireless facility be collocated on an existing utility | 6 | | pole or existing wireless support structure within 100 | 7 | | feet of the proposed collocation, which the applicant | 8 | | shall accept if it has the right to use the alternate | 9 | | structure on reasonable terms and conditions and the | 10 | | alternate location and structure does not impose technical | 11 | | limits or additional material costs as determined by the | 12 | | applicant. The authority may require the applicant to | 13 | | provide a written certification describing the property | 14 | | rights, technical limits or material cost reasons the | 15 | | alternate location does not satisfy the criteria in this | 16 | | paragraph (3). | 17 | | (4) Subject to paragraph (6), an authority may not | 18 | | limit the placement of small wireless facilities mounted | 19 | | on a utility pole or a wireless support structure by | 20 | | minimum horizontal separation distances. | 21 | | (5) An authority may limit the maximum height of a | 22 | | small wireless facility to 10 feet above the utility pole | 23 | | or wireless support structure on which the small wireless | 24 | | facility is collocated. Subject to any applicable waiver, | 25 | | zoning, or other process that addresses wireless provider | 26 | | requests for an exception or variance and does not |
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| 1 | | prohibit granting of such exceptions or variances, the | 2 | | authority may limit the height of new or replacement | 3 | | utility poles or wireless support structures on which | 4 | | small wireless facilities are collocated to the higher of: | 5 | | (i) 10 feet in height above the tallest existing utility | 6 | | pole, other than a utility pole supporting only wireless | 7 | | facilities, that is in place on the date the application | 8 | | is submitted to the authority, that is located within 300 | 9 | | feet of the new or replacement utility pole or wireless | 10 | | support structure and that is in the same right-of-way | 11 | | within the jurisdictional boundary of the authority, | 12 | | provided the authority may designate which intersecting | 13 | | right-of-way within 300 feet of the proposed
utility pole | 14 | | or wireless support structures shall control the height | 15 | | limitation for such facility; or (ii) 45 feet above ground | 16 | | level. | 17 | | (6) An authority may require that: | 18 | | (A) the wireless provider's operation of the small | 19 | | wireless facilities does not interfere with the | 20 | | frequencies used by a public safety agency for public | 21 | | safety communications; a wireless provider shall | 22 | | install small wireless facilities of the type and | 23 | | frequency that will not cause unacceptable | 24 | | interference with a public safety agency's | 25 | | communications equipment; unacceptable interference | 26 | | will be determined by and measured in accordance with |
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| 1 | | industry standards and the FCC's regulations | 2 | | addressing unacceptable interference to public safety | 3 | | spectrum or any other spectrum licensed by a public | 4 | | safety agency; if a small wireless facility causes | 5 | | such interference, and the wireless provider has been | 6 | | given written notice of the interference by the public | 7 | | safety agency, the wireless provider, at its own | 8 | | expense, shall take all reasonable steps necessary to | 9 | | correct and eliminate the interference, including, but | 10 | | not limited to, powering down the small wireless | 11 | | facility and later powering up the small wireless | 12 | | facility for intermittent testing, if necessary; the | 13 | | authority may terminate a permit for a small wireless | 14 | | facility based on such interference if the wireless | 15 | | provider is not making a good faith effort to remedy | 16 | | the problem in a manner consistent with the abatement | 17 | | and resolution procedures for interference with public | 18 | | safety spectrum established by the FCC including 47 | 19 | | CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 | 20 | | through 47 CFR 90.675; | 21 | | (B) the wireless provider comply with requirements | 22 | | that are imposed by a contract between an authority | 23 | | and a private property owner that concern design or | 24 | | construction standards applicable to utility poles and | 25 | | ground-mounted equipment located in the right-of-way; | 26 | | (C) the wireless provider comply with applicable |
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| 1 | | spacing requirements in applicable codes and | 2 | | ordinances concerning the location of ground-mounted | 3 | | equipment located in the right-of-way if the | 4 | | requirements include a waiver, zoning, or other | 5 | | process that addresses wireless provider requests for | 6 | | exception or variance and do not prohibit granting of | 7 | | such exceptions or variances; | 8 | | (D) the wireless provider comply with local code | 9 | | provisions or regulations concerning undergrounding | 10 | | requirements that prohibit the installation of new or | 11 | | the modification of existing utility poles in a | 12 | | right-of-way without prior approval if the | 13 | | requirements include a waiver, zoning, or other | 14 | | process that addresses requests to install such new | 15 | | utility poles or modify such existing utility poles | 16 | | and do not prohibit the replacement of utility poles; | 17 | | (E) the wireless provider comply with generally | 18 | | applicable standards that are consistent with this Act | 19 | | and adopted by an authority for construction and | 20 | | public safety in the rights-of-way, including, but not | 21 | | limited to, reasonable and nondiscriminatory wiring | 22 | | and cabling requirements, grounding requirements, | 23 | | utility pole extension requirements, and signage | 24 | | limitations; and shall comply with reasonable and | 25 | | nondiscriminatory requirements that are consistent | 26 | | with this Act and adopted by an authority regulating |
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| 1 | | the location, size, surface area and height of small | 2 | | wireless facilities, or the abandonment and removal of | 3 | | small wireless facilities; | 4 | | (F) the wireless provider not collocate small | 5 | | wireless facilities on authority utility poles that | 6 | | are part of an electric distribution or transmission | 7 | | system within the communication worker safety zone of | 8 | | the pole or the electric supply zone of the pole; | 9 | | however, the antenna and support equipment of the | 10 | | small wireless facility may be located in the | 11 | | communications space on the authority utility pole and | 12 | | on the top of the pole, if not otherwise unavailable, | 13 | | if the wireless provider complies with applicable | 14 | | codes for work involving the top of the pole; for | 15 | | purposes of this subparagraph (F), the terms | 16 | | "communications space", "communication worker safety | 17 | | zone", and "electric supply zone" have the meanings | 18 | | given to those terms in the National Electric Safety | 19 | | Code as published by the Institute of Electrical and | 20 | | Electronics Engineers; | 21 | | (G) the wireless provider comply with the | 22 | | applicable codes and local code provisions or | 23 | | regulations that concern public safety;
| 24 | | (H) the wireless provider comply with written | 25 | | design standards that are generally applicable for | 26 | | decorative utility poles, or reasonable stealth, |
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| 1 | | concealment, and aesthetic requirements that are | 2 | | identified by the authority in an ordinance, written | 3 | | policy adopted by the governing board of the | 4 | | authority, a comprehensive plan, or other written | 5 | | design plan that applies to other occupiers of the | 6 | | rights-of-way, including on a historic landmark or in | 7 | | a historic district; and
| 8 | | (I) subject to subsection (c) of this Section, and | 9 | | except for facilities excluded from evaluation for | 10 | | effects on historic properties
under 47 CFR | 11 | | 1.1307(a)(4), reasonable, technically feasible and | 12 | | non-discriminatory design or concealment measures in a | 13 | | historic district or historic landmark; any such | 14 | | design or concealment measures, including restrictions | 15 | | on a specific category of poles, may not have the | 16 | | effect of prohibiting any provider's technology; such | 17 | | design and concealment measures shall not be | 18 | | considered a part of the small wireless facility for | 19 | | purposes of the size restrictions of a small wireless | 20 | | facility; this paragraph may not be construed to limit | 21 | | an authority's enforcement of historic preservation in | 22 | | conformance with the requirements adopted pursuant to | 23 | | the Illinois State Agency Historic Resources | 24 | | Preservation Act or the National Historic Preservation | 25 | | Act of 1966, 54 U.S.C. Section 300101 et seq., and the | 26 | | regulations adopted to implement those laws.
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| 1 | | (7) Within 30 days after receiving an application, an | 2 | | authority must determine whether the application is | 3 | | complete and notify the applicant. If an application is | 4 | | incomplete, an authority must specifically identify the | 5 | | missing information. An application shall be deemed | 6 | | complete if the authority fails to provide notification to | 7 | | the applicant within 30 days after when all documents, | 8 | | information, and fees specifically enumerated in the | 9 | | authority's permit application form are submitted by the | 10 | | applicant to the authority. Processing deadlines are | 11 | | tolled from the time the authority sends the notice of | 12 | | incompleteness to the time the applicant provides the | 13 | | missing information. | 14 | | (8) An authority shall process applications as | 15 | | follows: | 16 | | (A) an application to collocate a small wireless | 17 | | facility on an existing utility pole or wireless | 18 | | support structure shall be processed on a | 19 | | nondiscriminatory basis and deemed approved if the | 20 | | authority fails to approve or deny the application | 21 | | within 90 days; however, if an applicant intends to | 22 | | proceed with the permitted activity on a deemed | 23 | | approved basis, the applicant must notify the | 24 | | authority in writing of its intention to invoke the | 25 | | deemed approved remedy no sooner than 75 days after | 26 | | the submission of a completed application; the permit |
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| 1 | | shall be deemed approved on the latter of the 90th day | 2 | | after submission of the complete application or the | 3 | | 10th day after the receipt of the deemed approved | 4 | | notice by the authority; the receipt of the deemed | 5 | | approved notice shall not preclude the authority's | 6 | | denial of the permit request within the time limits as | 7 | | provided under this Act; and | 8 | | (B) an application to collocate a small wireless | 9 | | facility that includes the installation of a new | 10 | | utility pole shall be processed on a nondiscriminatory | 11 | | basis and deemed approved if the authority fails to | 12 | | approve or deny the application within 120 days; | 13 | | however, if an applicant intends to proceed with the | 14 | | permitted activity on a deemed approved basis, the | 15 | | applicant must notify the authority in writing of its | 16 | | intention to invoke the deemed approved remedy no | 17 | | sooner than 105 days after the submission of a | 18 | | completed application; the permit shall be deemed | 19 | | approved on the latter of the 120th day after | 20 | | submission of the complete application or the 10th day | 21 | | after the receipt of the deemed approved notice by the | 22 | | authority; the receipt of the deemed approved notice | 23 | | shall not preclude the authority's denial of the | 24 | | permit request within the time limits as provided | 25 | | under this Act. | 26 | | (9) An authority shall approve an application unless |
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| 1 | | the application does not meet the requirements of this | 2 | | Act. If an authority determines that applicable codes, | 3 | | local code provisions or regulations that concern public | 4 | | safety, or the requirements of paragraph (6) require that | 5 | | the utility pole or wireless support structure be replaced | 6 | | before the requested collocation, approval may be | 7 | | conditioned on the replacement of the utility pole or | 8 | | wireless support structure at the cost of the provider. | 9 | | The authority must document the basis for a denial, | 10 | | including the specific code provisions or application | 11 | | conditions on which the denial was based, and send the | 12 | | documentation to the applicant on or before the day the | 13 | | authority denies an application. The applicant may cure | 14 | | the deficiencies identified by the authority and resubmit | 15 | | the revised application once within 30 days after notice | 16 | | of denial is sent to the applicant without paying an | 17 | | additional application fee. The authority shall approve or | 18 | | deny the revised application within 30 days after the | 19 | | applicant resubmits the application or it is deemed | 20 | | approved; however, the applicant must notify the authority | 21 | | in writing of its intention to proceed with the permitted | 22 | | activity on a deemed approved basis, which may be | 23 | | submitted with the resubmitted application. Any subsequent | 24 | | review shall be limited to the deficiencies cited in the | 25 | | denial. However, this revised application cure does not | 26 | | apply if the cure requires the review of a new location, |
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| 1 | | new or different structure to be collocated upon, new | 2 | | antennas, or other wireless equipment associated with the | 3 | | small wireless facility. | 4 | | (10) The time period for applications may be further | 5 | | tolled by: | 6 | | (A) the express agreement in writing by both the | 7 | | applicant and the authority; or | 8 | | (B) a local, State, or federal disaster | 9 | | declaration or similar emergency that causes the | 10 | | delay. | 11 | | (11) An applicant seeking to collocate small wireless | 12 | | facilities within the jurisdiction of a single authority | 13 | | shall be allowed, at the applicant's discretion, to file a | 14 | | consolidated application and receive a single permit for | 15 | | the collocation of up to 25 small wireless facilities if | 16 | | the collocations each involve substantially the same type | 17 | | of small wireless facility and substantially the same type | 18 | | of structure. If an application includes multiple small | 19 | | wireless facilities, the authority may remove small | 20 | | wireless facility collocations from the application and | 21 | | treat separately small wireless facility collocations for | 22 | | which incomplete information has been provided or that do | 23 | | not qualify for consolidated treatment or that are denied. | 24 | | The authority may issue separate permits for each | 25 | | collocation that is approved in a consolidated | 26 | | application. |
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| 1 | | (12) Collocation for which a permit is granted shall | 2 | | be completed within 180 days after issuance of the permit, | 3 | | unless the authority and the wireless provider agree to | 4 | | extend this period or a delay is caused by make-ready work | 5 | | for an authority utility pole or by the lack of commercial | 6 | | power or backhaul availability at the site, provided the | 7 | | wireless provider has made a timely request within 60 days | 8 | | after the issuance of the permit for commercial power or | 9 | | backhaul services, and the additional time to complete | 10 | | installation does not exceed 360 days after issuance of | 11 | | the permit. Otherwise, the permit shall be void unless the | 12 | | authority grants an extension in writing to the applicant. | 13 | | (13) The duration of a permit shall be for a period of | 14 | | not less than 5 years, and the permit shall be renewed for | 15 | | equivalent durations unless the authority makes a finding | 16 | | that the small wireless facilities or the new or modified | 17 | | utility pole do not comply with the applicable codes or | 18 | | local code provisions or regulations in paragraphs (6) and | 19 | | (9). If this Act is repealed as provided in Section 90, | 20 | | renewals of permits shall be subject to the applicable | 21 | | authority code provisions or regulations in effect at the | 22 | | time of renewal. | 23 | | (14) An authority may not prohibit, either expressly | 24 | | or de facto, the (i) filing, receiving, or processing | 25 | | applications, or (ii) issuing of permits or other | 26 | | approvals, if any, for the collocation of small wireless |
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| 1 | | facilities unless there has been a local, State, or | 2 | | federal disaster declaration or similar emergency that | 3 | | causes the delay. | 4 | | (15) Applicants shall submit applications, supporting | 5 | | information, and notices by personal delivery or as | 6 | | otherwise required by the authority. An authority may | 7 | | require that permits, supporting information, and notices | 8 | | be submitted by personal delivery at the authority's | 9 | | designated place of business, by regular mail postmarked | 10 | | on the date due, or by any other commonly used means, | 11 | | including electronic mail, as required by the authority. | 12 | | (16) An authority may require an applicant or site | 13 | | developer to provide probative evidence in the form of | 14 | | hard data recorded during a drive test performed by an | 15 | | independent radio-frequency engineer selected by the | 16 | | authority to support gap-in-coverage claims to establish | 17 | | (i) the existence of a real gap in the specific carrier's | 18 | | wireless coverage, (ii) the location of the gap, and (iii) | 19 | | the geographical boundaries of the gap. | 20 | | (e) Application fees are subject to the following | 21 | | requirements: | 22 | | (1) An authority may charge an application fee of up | 23 | | to $650 for an application to collocate a single small | 24 | | wireless facility on an existing utility pole or wireless | 25 | | support structure and up to $350 for each small wireless | 26 | | facility addressed in an application to collocate more |
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| 1 | | than one small wireless facility on existing utility poles | 2 | | or wireless support structures. | 3 | | (2) An authority may charge an application fee of | 4 | | $1,000 for each small wireless facility addressed in an | 5 | | application that includes the installation of a new | 6 | | utility for such collocation. | 7 | | (3) Notwithstanding any contrary provision of State | 8 | | law or local ordinance, applications pursuant to this | 9 | | Section must be accompanied by the required application | 10 | | fee.
| 11 | | (4) Within 2 months after the effective date of this | 12 | | Act, an authority shall make available application fees | 13 | | consistent with this subsection, through ordinance, or in | 14 | | a written schedule of permit fees adopted by the | 15 | | authority.
| 16 | | (f) An authority shall not require an application, | 17 | | approval, or permit, or require any fees or other charges, | 18 | | from a communications service provider authorized to occupy | 19 | | the rights-of-way, for: (i) routine maintenance; (ii) the | 20 | | replacement of wireless facilities with wireless facilities | 21 | | that are substantially similar, the same size, or smaller if | 22 | | the wireless provider notifies the authority at least 10 days | 23 | | prior to the planned replacement and includes equipment | 24 | | specifications for the replacement of equipment consistent | 25 | | with the requirements of subparagraph (D) of paragraph (2) of | 26 | | subsection (d) of this Section; or (iii) the installation, |
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| 1 | | placement, maintenance, operation, or replacement of micro | 2 | | wireless facilities that are suspended on cables that are | 3 | | strung between existing utility poles in compliance with | 4 | | applicable safety codes. However, an authority may require a | 5 | | permit to work within rights-of-way for activities that affect | 6 | | traffic patterns or require lane closures. | 7 | | (g) Nothing in this Act authorizes a person to collocate | 8 | | small wireless facilities on: (1) property owned by a private | 9 | | party or property owned or controlled by a unit of local | 10 | | government that is not located within rights-of-way, subject | 11 | | to subsection (j) of this Section, or a privately owned | 12 | | utility pole or wireless support structure without the consent | 13 | | of the property owner; (2) property owned, leased, or | 14 | | controlled by a park district, forest preserve district, or | 15 | | conservation district for public park, recreation, or | 16 | | conservation purposes without the consent of the affected | 17 | | district, excluding the placement of facilities on | 18 | | rights-of-way located in an affected district that are under | 19 | | the jurisdiction and control of a different unit of local | 20 | | government as provided by the Illinois Highway Code; or (3) | 21 | | property owned by a rail carrier registered under Section | 22 | | 18c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or | 23 | | any other public commuter rail service, or an electric utility | 24 | | as defined in Section 16-102 of the Public Utilities Act, | 25 | | without the consent of the rail carrier, public commuter rail | 26 | | service, or electric utility. The provisions of this Act do |
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| 1 | | not apply to an electric or gas public utility or such | 2 | | utility's wireless facilities if the facilities are being | 3 | | used, developed, and maintained consistent with the provisions | 4 | | of subsection (i) of Section 16-108.5 of the Public Utilities | 5 | | Act. | 6 | | For the purposes of this subsection, "public utility" has | 7 | | the meaning given to that term in Section 3-105 of the Public | 8 | | Utilities Act. Nothing in this Act shall be construed to | 9 | | relieve any person from any requirement (1) to obtain a | 10 | | franchise or a State-issued authorization to offer cable | 11 | | service or video service or (2) to obtain any required | 12 | | permission to install, place, maintain, or operate | 13 | | communications facilities, other than small wireless | 14 | | facilities subject to this Act. | 15 | | (h) Agreements between authorities and wireless providers | 16 | | that relate to the collocation of small wireless facilities in | 17 | | the right-of-way, including the collocation of small wireless | 18 | | facilities on authority utility poles, that are in effect on | 19 | | the effective date of this Act remain in effect for all small | 20 | | wireless facilities collocated on the authority's utility | 21 | | poles pursuant to applications submitted to the authority | 22 | | before the effective date of this Act, subject to applicable | 23 | | termination provisions. Such agreements entered into after the | 24 | | effective date of the Act shall comply with the Act. | 25 | | (i) An authority shall allow the collocation of small | 26 | | wireless facilities on authority utility poles subject to the |
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| 1 | | following: | 2 | | (1) An authority may not enter into an exclusive | 3 | | arrangement with any person for the right to attach small | 4 | | wireless facilities to authority utility poles. | 5 | | (2) The rates and fees for collocations on authority | 6 | | utility poles shall be nondiscriminatory regardless of the | 7 | | services provided by the collocating person. | 8 | | (3) An authority may charge an annual recurring rate | 9 | | to collocate a small wireless facility on an authority | 10 | | utility pole located in a right-of-way that equals (i) | 11 | | $200 per year or (ii) the actual, direct, and reasonable | 12 | | costs related to the wireless provider's use of space on | 13 | | the authority utility pole. Rates for collocation on | 14 | | authority utility poles located outside of a right-of-way | 15 | | are not subject to these limitations. In any controversy | 16 | | concerning the appropriateness of a cost-based rate for an | 17 | | authority utility pole located within a right-of-way, the | 18 | | authority shall have the burden of proving that the rate | 19 | | does not exceed the actual, direct, and reasonable costs | 20 | | for the applicant's proposed use of the authority utility | 21 | | pole. Nothing in this paragraph (3) prohibits a wireless | 22 | | provider and an authority from mutually agreeing to an | 23 | | annual recurring rate of less than $200 to collocate a | 24 | | small wireless facility on an authority utility pole. | 25 | | (4) Authorities or other persons owning or controlling | 26 | | authority utility poles within the right-of-way shall |
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| 1 | | offer rates, fees, and other terms that comply with | 2 | | subparagraphs (A) through (E) of this paragraph (4). | 3 | | Within 2 months after the effective date of this Act, an | 4 | | authority or a person owning or controlling authority | 5 | | utility poles shall make available, through ordinance or | 6 | | an authority utility pole attachment agreement, license or | 7 | | other agreement that makes available to wireless | 8 | | providers, the rates, fees, and terms for the collocation | 9 | | of small wireless facilities on authority utility poles | 10 | | that comply with this Act and with subparagraphs (A) | 11 | | through (E) of this paragraph (4). In the absence of such | 12 | | an ordinance or agreement that complies with this Act, and | 13 | | until such a compliant ordinance or agreement is adopted, | 14 | | wireless providers may collocate small wireless facilities | 15 | | and install utility poles under the requirements of this | 16 | | Act. | 17 | | (A) The rates, fees, and terms must be | 18 | | nondiscriminatory, competitively neutral, and | 19 | | commercially reasonable, and may address, among other | 20 | | requirements, the requirements in subparagraphs (A) | 21 | | through (I) of paragraph (6) of subsection (d) of this | 22 | | Section; subsections (e), (i), and (k) of this | 23 | | Section; Section 30; and Section 35, and must comply | 24 | | with this Act. | 25 | | (B) For authority utility poles that support | 26 | | aerial facilities used to provide communications |
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| 1 | | services or electric service, wireless providers shall | 2 | | comply with the process for make-ready work under 47 | 3 | | U.S.C. 224 and its implementing regulations, and the | 4 | | authority shall follow a substantially similar process | 5 | | for make-ready work except to the extent that the | 6 | | timing requirements are otherwise addressed in this | 7 | | Act. The good-faith estimate of the person owning or | 8 | | controlling the authority utility pole for any | 9 | | make-ready work necessary to enable the pole to | 10 | | support the requested collocation shall include | 11 | | authority utility pole replacement, if necessary. | 12 | | (C) For authority utility poles that do not | 13 | | support aerial facilities used to provide | 14 | | communications services or electric service, the | 15 | | authority shall provide a good-faith estimate for any | 16 | | make-ready work necessary to enable the authority | 17 | | utility pole to support the requested collocation, | 18 | | including pole replacement, if necessary, within 90 | 19 | | days after receipt of a complete application. | 20 | | Make-ready work, including any authority utility pole | 21 | | replacement, shall be completed within 60 days of | 22 | | written acceptance of the good-faith estimate by the | 23 | | applicant at the wireless provider's sole cost and | 24 | | expense. Alternatively, if the authority determines | 25 | | that applicable codes or public safety regulations | 26 | | require the authority utility pole to be replaced to |
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| 1 | | support the requested collocation, the authority may | 2 | | require the wireless provider to replace the authority | 3 | | utility pole at the wireless provider's sole cost and | 4 | | expense. | 5 | | (D) The authority shall not require more | 6 | | make-ready work than required to meet applicable codes | 7 | | or industry standards. Make-ready work may include | 8 | | work needed to accommodate additional public safety | 9 | | communications needs that are identified in a | 10 | | documented and approved plan for the deployment of | 11 | | public safety equipment as specified in paragraph (1) | 12 | | of subsection (d) of this Section and included in an | 13 | | existing or preliminary authority or public service | 14 | | agency budget for attachment within one year of the | 15 | | application. Fees for make-ready work, including any | 16 | | authority utility pole replacement, shall not exceed | 17 | | actual costs or the amount charged to communications | 18 | | service providers for similar work and shall not | 19 | | include any consultants' fees or expenses for | 20 | | authority utility poles that do not support aerial | 21 | | facilities used to provide communications services or | 22 | | electric service. Make-ready work, including any pole | 23 | | replacement, shall be completed within 60 days of | 24 | | written acceptance of the good-faith estimate by the | 25 | | wireless provider, at its sole cost and expense. | 26 | | (E) A wireless provider that has an existing |
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| 1 | | agreement with the authority on the effective date of | 2 | | the Act may accept the rates, fees, and terms that an | 3 | | authority makes available under this Act for the | 4 | | collocation of small wireless facilities or the | 5 | | installation of new utility poles for the collocation | 6 | | of small wireless facilities that are the subject of | 7 | | an application submitted 2 or more years after the | 8 | | effective date of the Act as provided in this | 9 | | paragraph (4) by notifying the authority that it opts | 10 | | to accept such rates, fees, and terms. The existing | 11 | | agreement remains in effect, subject to applicable | 12 | | termination provisions, for the small wireless | 13 | | facilities the wireless provider has collocated on the | 14 | | authority's utility poles pursuant to applications | 15 | | submitted to the authority before the wireless | 16 | | provider provides such notice and exercises its option | 17 | | under this subparagraph. | 18 | | (j) An authority shall authorize the collocation of small | 19 | | wireless facilities on utility poles owned or controlled by | 20 | | the authority that are not located within rights-of-way to the | 21 | | same extent the authority currently permits access to utility | 22 | | poles for other commercial projects or uses. The collocations | 23 | | shall be subject to reasonable and nondiscriminatory rates, | 24 | | fees, and terms as provided in an agreement between the | 25 | | authority and the wireless provider. | 26 | | (k) Nothing in this Section precludes an authority from |
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| 1 | | adopting reasonable rules with respect to the removal of | 2 | | abandoned small wireless facilities. A small wireless facility | 3 | | that is not operated for a continuous period of 12 months shall | 4 | | be considered abandoned and the owner of the facility must | 5 | | remove the small wireless facility within 90 days after | 6 | | receipt of written notice from the authority notifying the | 7 | | owner of the abandonment. The notice shall be sent by | 8 | | certified or registered mail, return receipt requested, by the | 9 | | authority to the owner at the last known address of the owner. | 10 | | If the small wireless facility is not removed within 90 days of | 11 | | such notice, the authority may remove or cause the removal of | 12 | | the such facility pursuant to the terms of its pole attachment | 13 | | agreement for authority utility poles or through whatever | 14 | | actions are provided for abatement of nuisances or by other | 15 | | law for removal and cost recovery. An authority may require a | 16 | | wireless provider to provide written notice to the authority | 17 | | if it sells or transfers small wireless facilities subject to | 18 | | this Act within the jurisdictional boundary of the authority. | 19 | | Such notice shall include the name and contact information of | 20 | | the new wireless provider. | 21 | | (l) Nothing in this Section requires an authority to | 22 | | install or maintain any specific utility pole or to continue | 23 | | to install or maintain utility poles in any location if the | 24 | | authority makes a non-discriminatory decision to eliminate | 25 | | above-ground utility poles of a particular type generally, | 26 | | such as electric utility poles, in all or a significant |
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| 1 | | portion of its geographic jurisdiction. For authority utility | 2 | | poles with collocated small wireless facilities in place when | 3 | | an authority makes a decision to eliminate above-ground | 4 | | utility poles of a particular type generally, the authority | 5 | | shall either (i) continue to maintain the authority utility | 6 | | pole or install and maintain a reasonable alternative utility | 7 | | pole or wireless support structure for the collocation of the | 8 | | small wireless facility, or (ii) offer to sell the utility | 9 | | pole to the wireless provider at a reasonable cost or allow the | 10 | | wireless provider to install its own utility pole so it can | 11 | | maintain service from that location.
| 12 | | (Source: P.A. 100-585, eff. 6-1-18 .)
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