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Full Text of SB1451  100th General Assembly

SB1451enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB1451 EnrolledLRB100 09256 AWJ 19412 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Small
5Wireless Facilities Deployment Act.
 
6    Section 5. Legislative intent. Small wireless facilities
7are critical to delivering wireless access to advanced
8technology, broadband, and 9-1-1 services to homes,
9businesses, and schools in Illinois. Because of the integral
10role that the delivery of wireless technology plays in the
11economic vitality of the State of Illinois and in the lives of
12its citizens, the General Assembly has determined that a law
13addressing the deployment of wireless technology is of vital
14interest to the State. To ensure that public and private
15Illinois consumers continue to benefit from these services as
16soon as possible and to ensure that providers of wireless
17access have a fair and predictable process for the deployment
18of small wireless facilities in a manner consistent with the
19character of the area in which the small wireless facilities
20are deployed, the General Assembly is enacting this Act, which
21specifies how local authorities may regulate the collocation of
22small wireless facilities.
 

 

 

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1    Section 7. Applicability. This Act does not apply to a
2municipality with a population of 1,000,000 or more.
 
3    Section 10. Definitions. As used in this Act:
4    "Antenna" means communications equipment that transmits or
5receives electromagnetic radio frequency signals used in the
6provision of wireless services.
7    "Applicable codes" means uniform building, fire,
8electrical, plumbing, or mechanical codes adopted by a
9recognized national code organization or local amendments to
10those codes, including the National Electric Safety Code.
11    "Applicant" means any person who submits an application and
12is a wireless provider.
13    "Application" means a request submitted by an applicant to
14an authority for a permit to collocate small wireless
15facilities, and a request that includes the installation of a
16new utility pole for such collocation, as well as any
17applicable fee for the review of such application.
18    "Authority" means a unit of local government that has
19jurisdiction and control for use of public rights-of-way as
20provided by the Illinois Highway Code for placements within
21public rights-of-way or has zoning or land use control for
22placements not within public rights-of-way.
23    "Authority utility pole" means a utility pole owned or
24operated by an authority in public rights-of-way.
25    "Collocate" or "collocation" means to install, mount,

 

 

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1maintain, modify, operate, or replace wireless facilities on or
2adjacent to a wireless support structure or utility pole.
3    "Communications service" means cable service, as defined
4in 47 U.S.C. 522(6), as amended; information service, as
5defined in 47 U.S.C. 153(24), as amended; telecommunications
6service, as defined in 47 U.S.C. 153(53), as amended; mobile
7service, as defined in 47 U.S.C. 153(33), as amended; or
8wireless service other than mobile service.
9    "Communications service provider" means a cable operator,
10as defined in 47 U.S.C. 522(5), as amended; a provider of
11information service, as defined in 47 U.S.C. 153(24), as
12amended; a telecommunications carrier, as defined in 47 U.S.C.
13153(51), as amended; or a wireless provider.
14    "FCC" means the Federal Communications Commission of the
15United States.
16    "Fee" means a one-time charge.
17    "Historic district" or "historic landmark" means a
18building, property, or site, or group of buildings, properties,
19or sites that are either (i) listed in the National Register of
20Historic Places or formally determined eligible for listing by
21the Keeper of the National Register, the individual who has
22been delegated the authority by the federal agency to list
23properties and determine their eligibility for the National
24Register, in accordance with Section VI.D.1.a.i through
25Section VI.D.1.a.v of the Nationwide Programmatic Agreement
26codified at 47 CFR Part 1, Appendix C; or (ii) designated as a

 

 

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1locally landmarked building, property, site, or historic
2district by an ordinance adopted by the authority pursuant to a
3preservation program that meets the requirements of the
4Certified Local Government Program of the Illinois State
5Historic Preservation Office or where such certification of the
6preservation program by the Illinois State Historic
7Preservation Office is pending.
8    "Law" means a federal or State statute, common law, code,
9rule, regulation, order, or local ordinance or resolution.
10    "Micro wireless facility" means a small wireless facility
11that is not larger in dimension than 24 inches in length, 15
12inches in width, and 12 inches in height and that has an
13exterior antenna, if any, no longer than 11 inches.
14    "Permit" means a written authorization required by an
15authority to perform an action or initiate, continue, or
16complete a project.
17    "Person" means an individual, corporation, limited
18liability company, partnership, association, trust, or other
19entity or organization, including an authority.
20    "Public safety agency" means the functional division of the
21federal government, the State, a unit of local government, or a
22special purpose district located in whole or in part within
23this State, that provides or has authority to provide
24firefighting, police, ambulance, medical, or other emergency
25services to respond to and manage emergency incidents.
26    "Rate" means a recurring charge.

 

 

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1    "Right-of-way" means the area on, below, or above a public
2roadway, highway, street, public sidewalk, alley, or utility
3easement dedicated for compatible use. "Right-of-way" does not
4include authority-owned aerial lines.
5    "Small wireless facility" means a wireless facility that
6meets both of the following qualifications: (i) each antenna is
7located inside an enclosure of no more than 6 cubic feet in
8volume or, in the case of an antenna that has exposed elements,
9the antenna and all of its exposed elements could fit within an
10imaginary enclosure of no more than 6 cubic feet; and (ii) all
11other wireless equipment attached directly to a utility pole
12associated with the facility is cumulatively no more than 25
13cubic feet in volume. The following types of associated
14ancillary equipment are not included in the calculation of
15equipment volume: electric meter, concealment elements,
16telecommunications demarcation box, ground-based enclosures,
17grounding equipment, power transfer switch, cut-off switch,
18and vertical cable runs for the connection of power and other
19services.
20    "Utility pole" means a pole or similar structure that is
21used in whole or in part by a communications service provider
22or for electric distribution, lighting, traffic control, or a
23similar function.
24    "Wireless facility" means equipment at a fixed location
25that enables wireless communications between user equipment
26and a communications network, including: (i) equipment

 

 

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1associated with wireless communications; and (ii) radio
2transceivers, antennas, coaxial or fiber-optic cable, regular
3and backup power supplies, and comparable equipment,
4regardless of technological configuration. "Wireless facility"
5includes small wireless facilities. "Wireless facility" does
6not include: (i) the structure or improvements on, under, or
7within which the equipment is collocated; or (ii) wireline
8backhaul facilities, coaxial or fiber optic cable that is
9between wireless support structures or utility poles or
10coaxial, or fiber optic cable that is otherwise not immediately
11adjacent to or directly associated with an antenna.
12    "Wireless infrastructure provider" means any person
13authorized to provide telecommunications service in the State
14that builds or installs wireless communication transmission
15equipment, wireless facilities, wireless support structures,
16or utility poles and that is not a wireless services provider
17but is acting as an agent or a contractor for a wireless
18services provider for the application submitted to the
19authority.
20    "Wireless provider" means a wireless infrastructure
21provider or a wireless services provider.
22    "Wireless services" means any services provided to the
23general public, including a particular class of customers, and
24made available on a nondiscriminatory basis using licensed or
25unlicensed spectrum, whether at a fixed location or mobile,
26provided using wireless facilities.

 

 

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1    "Wireless services provider" means a person who provides
2wireless services.
3    "Wireless support structure" means a freestanding
4structure, such as a monopole; tower, either guyed or
5self-supporting; billboard; or other existing or proposed
6structure designed to support or capable of supporting wireless
7facilities. "Wireless support structure" does not include a
8utility pole.
 
9    Section 15. Regulation of small wireless facilities.
10    (a) This Section applies to activities of a wireless
11provider within or outside rights-of-way.
12    (b) Except as provided in this Section, an authority may
13not prohibit, regulate, or charge for the collocation of small
14wireless facilities.
15    (c) Small wireless facilities shall be classified as
16permitted uses and subject to administrative review in
17conformance with this Act, except as provided in paragraph (5)
18of subsection (d) of this Section regarding height exceptions
19or variances, but not subject to zoning review or approval if
20they are collocated (i) in rights-of-way in any zone, or (ii)
21outside rights-of-way in property zoned exclusively for
22commercial or industrial use.
23    (d) An authority may require an applicant to obtain one or
24more permits to collocate a small wireless facility. An
25authority shall receive applications for, process, and issue

 

 

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

 

 

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

 

 

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1    of a small wireless facility associated with a new utility
2    pole, an authority may propose that the small wireless
3    facility be collocated on an existing utility pole or
4    existing wireless support structure within 100 feet of the
5    proposed collocation, which the applicant shall accept if
6    it has the right to use the alternate structure on
7    reasonable terms and conditions and the alternate location
8    and structure does not impose technical limits or
9    additional material costs as determined by the applicant.
10    The authority may require the applicant to provide a
11    written certification describing the property rights,
12    technical limits or material cost reasons the alternate
13    location does not satisfy the criteria in this paragraph
14    (3).
15        (4) Subject to paragraph (6), an authority may not
16    limit the placement of small wireless facilities mounted on
17    a utility pole or a wireless support structure by minimum
18    horizontal separation distances.
19        (5) An authority may limit the maximum height of a
20    small wireless facility to 10 feet above the utility pole
21    or wireless support structure on which the small wireless
22    facility is collocated. Subject to any applicable waiver,
23    zoning, or other process that addresses wireless provider
24    requests for an exception or variance and does not prohibit
25    granting of such exceptions or variances, the authority may
26    limit the height of new or replacement utility poles or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        applies to other occupiers of the rights-of-way,
2        including on a historic landmark or in a historic
3        district; and
4            (I) subject to subsection (c) of this Section, and
5        except for facilities excluded from evaluation for
6        effects on historic properties under 47 CFR
7        1.1307(a)(4), reasonable, technically feasible and
8        non-discriminatory design or concealment measures in a
9        historic district or historic landmark; any such
10        design or concealment measures, including restrictions
11        on a specific category of poles, may not have the
12        effect of prohibiting any provider's technology; such
13        design and concealment measures shall not be
14        considered a part of the small wireless facility for
15        purposes of the size restrictions of a small wireless
16        facility; this paragraph may not be construed to limit
17        an authority's enforcement of historic preservation in
18        conformance with the requirements adopted pursuant to
19        the Illinois State Agency Historic Resources
20        Preservation Act or the National Historic Preservation
21        Act of 1966, 54 U.S.C. Section 300101 et seq., and the
22        regulations adopted to implement those laws.
23        (7) Within 30 days after receiving an application, an
24    authority must determine whether the application is
25    complete and notify the applicant. If an application is
26    incomplete, an authority must specifically identify the

 

 

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1    missing information. An application shall be deemed
2    complete if the authority fails to provide notification to
3    the applicant within 30 days after when all documents,
4    information, and fees specifically enumerated in the
5    authority's permit application form are submitted by the
6    applicant to the authority. Processing deadlines are
7    tolled from the time the authority sends the notice of
8    incompleteness to the time the applicant provides the
9    missing information.
10        (8) An authority shall process applications as
11    follows:
12            (A) an application to collocate a small wireless
13        facility on an existing utility pole or wireless
14        support structure shall be processed on a
15        nondiscriminatory basis and deemed approved if the
16        authority fails to approve or deny the application
17        within 90 days; however, if an applicant intends to
18        proceed with the permitted activity on a deemed
19        approved basis, the applicant must notify the
20        authority in writing of its intention to invoke the
21        deemed approved remedy no sooner than 75 days after the
22        submission of a completed application; the permit
23        shall be deemed approved on the latter of the 90th day
24        after submission of the complete application or the
25        10th day after the receipt of the deemed approved
26        notice by the authority; the receipt of the deemed

 

 

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

 

 

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1    utility pole or wireless support structure be replaced
2    before the requested collocation, approval may be
3    conditioned on the replacement of the utility pole or
4    wireless support structure at the cost of the provider. The
5    authority must document the basis for a denial, including
6    the specific code provisions or application conditions on
7    which the denial was based, and send the documentation to
8    the applicant on or before the day the authority denies an
9    application. The applicant may cure the deficiencies
10    identified by the authority and resubmit the revised
11    application once within 30 days after notice of denial is
12    sent to the applicant without paying an additional
13    application fee. The authority shall approve or deny the
14    revised application within 30 days after the applicant
15    resubmits the application or it is deemed approved;
16    however, the applicant must notify the authority in writing
17    of its intention to proceed with the permitted activity on
18    a deemed approved basis, which may be submitted with the
19    resubmitted application. Any subsequent review shall be
20    limited to the deficiencies cited in the denial. However,
21    this revised application cure does not apply if the cure
22    requires the review of a new location, new or different
23    structure to be collocated upon, new antennas, or other
24    wireless equipment associated with the small wireless
25    facility.
26        (10) The time period for applications may be further

 

 

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1    tolled by:
2            (A) the express agreement in writing by both the
3        applicant and the authority; or
4            (B) a local, State, or federal disaster
5        declaration or similar emergency that causes the
6        delay.
7        (11) An applicant seeking to collocate small wireless
8    facilities within the jurisdiction of a single authority
9    shall be allowed, at the applicant's discretion, to file a
10    consolidated application and receive a single permit for
11    the collocation of up to 25 small wireless facilities if
12    the collocations each involve substantially the same type
13    of small wireless facility and substantially the same type
14    of structure. If an application includes multiple small
15    wireless facilities, the authority may remove small
16    wireless facility collocations from the application and
17    treat separately small wireless facility collocations for
18    which incomplete information has been provided or that do
19    not qualify for consolidated treatment or that are denied.
20    The authority may issue separate permits for each
21    collocation that is approved in a consolidated
22    application.
23        (12) Collocation for which a permit is granted shall be
24    completed within 180 days after issuance of the permit,
25    unless the authority and the wireless provider agree to
26    extend this period or a delay is caused by make-ready work

 

 

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1    for an authority utility pole or by the lack of commercial
2    power or backhaul availability at the site, provided the
3    wireless provider has made a timely request within 60 days
4    after the issuance of the permit for commercial power or
5    backhaul services, and the additional time to complete
6    installation does not exceed 360 days after issuance of the
7    permit. Otherwise, the permit shall be void unless the
8    authority grants an extension in writing to the applicant.
9        (13) The duration of a permit shall be for a period of
10    not less than 5 years, and the permit shall be renewed for
11    equivalent durations unless the authority makes a finding
12    that the small wireless facilities or the new or modified
13    utility pole do not comply with the applicable codes or
14    local code provisions or regulations in paragraphs (6) and
15    (9). If this Act is repealed as provided in Section 90,
16    renewals of permits shall be subject to the applicable
17    authority code provisions or regulations in effect at the
18    time of renewal.
19        (14) An authority may not prohibit, either expressly or
20    de facto, the (i) filing, receiving, or processing
21    applications, or (ii) issuing of permits or other
22    approvals, if any, for the collocation of small wireless
23    facilities unless there has been a local, State, or federal
24    disaster declaration or similar emergency that causes the
25    delay.
26        (15) Applicants shall submit applications, supporting

 

 

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1    information, and notices by personal delivery or as
2    otherwise required by the authority. An authority may
3    require that permits, supporting information, and notices
4    be submitted by personal delivery at the authority's
5    designated place of business, by regular mail postmarked on
6    the date due, or by any other commonly used means,
7    including electronic mail, as required by the authority.
8    (e) Application fees are subject to the following
9requirements:
10        (1) An authority may charge an application fee of up to
11    $650 for an application to collocate a single small
12    wireless facility on an existing utility pole or wireless
13    support structure and up to $350 for each small wireless
14    facility addressed in an application to collocate more than
15    one small wireless facility on existing utility poles or
16    wireless support structures.
17        (2) An authority may charge an application fee of
18    $1,000 for each small wireless facility addressed in an
19    application that includes the installation of a new utility
20    for such collocation.
21        (3) Notwithstanding any contrary provision of State
22    law or local ordinance, applications pursuant to this
23    Section must be accompanied by the required application
24    fee.
25        (4) Within 2 months after the effective date of this
26    Act, an authority shall make available application fees

 

 

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1    consistent with this subsection, through ordinance, or in a
2    written schedule of permit fees adopted by the authority.
3    (f) An authority shall not require an application,
4approval, or permit, or require any fees or other charges, from
5a communications service provider authorized to occupy the
6rights-of-way, for: (i) routine maintenance; (ii) the
7replacement of wireless facilities with wireless facilities
8that are substantially similar, the same size, or smaller if
9the wireless provider notifies the authority at least 10 days
10prior to the planned replacement and includes equipment
11specifications for the replacement of equipment consistent
12with the requirements of subparagraph (D) of paragraph (2) of
13subsection (d) of this Section; or (iii) the installation,
14placement, maintenance, operation, or replacement of micro
15wireless facilities that are suspended on cables that are
16strung between existing utility poles in compliance with
17applicable safety codes. However, an authority may require a
18permit to work within rights-of-way for activities that affect
19traffic patterns or require lane closures.
20    (g) Nothing in this Act authorizes a person to collocate
21small wireless facilities on: (1) property owned by a private
22party or property owned or controlled by a unit of local
23government that is not located within rights-of-way, subject to
24subsection (j) of this Section, or a privately owned utility
25pole or wireless support structure without the consent of the
26property owner; (2) property owned, leased, or controlled by a

 

 

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1park district, forest preserve district, or conservation
2district for public park, recreation, or conservation purposes
3without the consent of the affected district, excluding the
4placement of facilities on rights-of-way located in an affected
5district that are under the jurisdiction and control of a
6different unit of local government as provided by the Illinois
7Highway Code; or (3) property owned by a rail carrier
8registered under Section 18c-7201 of the Illinois Vehicle Code,
9Metra Commuter Rail or any other public commuter rail service,
10or an electric utility as defined in Section 16-102 of the
11Public Utilities Act, without the consent of the rail carrier,
12public commuter rail service, or electric utility. The
13provisions of this Act do not apply to an electric or gas
14public utility or such utility's wireless facilities if the
15facilities are being used, developed, and maintained
16consistent with the provisions of subsection (i) of Section
1716-108.5 of the Public Utilities Act.
18    For the purposes of this subsection, "public utility" has
19the meaning given to that term in Section 3-105 of the Public
20Utilities Act. Nothing in this Act shall be construed to
21relieve any person from any requirement (1) to obtain a
22franchise or a State-issued authorization to offer cable
23service or video service or (2) to obtain any required
24permission to install, place, maintain, or operate
25communications facilities, other than small wireless
26facilities subject to this Act.

 

 

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1    (h) Agreements between authorities and wireless providers
2that relate to the collocation of small wireless facilities in
3the right-of-way, including the collocation of small wireless
4facilities on authority utility poles, that are in effect on
5the effective date of this Act remain in effect for all small
6wireless facilities collocated on the authority's utility
7poles pursuant to applications submitted to the authority
8before the effective date of this Act, subject to applicable
9termination provisions. Such agreements entered into after the
10effective date of the Act shall comply with the Act.
11    (i) An authority shall allow the collocation of small
12wireless facilities on authority utility poles subject to the
13following:
14        (1) An authority may not enter into an exclusive
15    arrangement with any person for the right to attach small
16    wireless facilities to authority utility poles.
17        (2) The rates and fees for collocations on authority
18    utility poles shall be nondiscriminatory regardless of the
19    services provided by the collocating person.
20        (3) An authority may charge an annual recurring rate to
21    collocate a small wireless facility on an authority utility
22    pole located in a right-of-way that equals (i) $200 per
23    year or (ii) the actual, direct, and reasonable costs
24    related to the wireless provider's use of space on the
25    authority utility pole. Rates for collocation on authority
26    utility poles located outside of a right-of-way are not

 

 

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1    subject to these limitations. In any controversy
2    concerning the appropriateness of a cost-based rate for an
3    authority utility pole located within a right-of-way, the
4    authority shall have the burden of proving that the rate
5    does not exceed the actual, direct, and reasonable costs
6    for the applicant's proposed use of the authority utility
7    pole. Nothing in this paragraph (3) prohibits a wireless
8    provider and an authority from mutually agreeing to an
9    annual recurring rate of less than $200 to collocate a
10    small wireless facility on an authority utility pole.
11        (4) Authorities or other persons owning or controlling
12    authority utility poles within the right-of-way shall
13    offer rates, fees, and other terms that comply with
14    subparagraphs (A) through (E) of this paragraph (4). Within
15    2 months after the effective date of this Act, an authority
16    or a person owning or controlling authority utility poles
17    shall make available, through ordinance or an authority
18    utility pole attachment agreement, license or other
19    agreement that makes available to wireless providers, the
20    rates, fees, and terms for the collocation of small
21    wireless facilities on authority utility poles that comply
22    with this Act and with subparagraphs (A) through (E) of
23    this paragraph (4). In the absence of such an ordinance or
24    agreement that complies with this Act, and until such a
25    compliant ordinance or agreement is adopted, wireless
26    providers may collocate small wireless facilities and

 

 

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1    install utility poles under the requirements of this Act.
2            (A) The rates, fees, and terms must be
3        nondiscriminatory, competitively neutral, and
4        commercially reasonable, and may address, among other
5        requirements, the requirements in subparagraphs (A)
6        through (I) of paragraph (6) of subsection (d) of this
7        Section; subsections (e), (i), and (k) of this Section;
8        Section 30; and Section 35, and must comply with this
9        Act.
10            (B) For authority utility poles that support
11        aerial facilities used to provide communications
12        services or electric service, wireless providers shall
13        comply with the process for make-ready work under 47
14        U.S.C. 224 and its implementing regulations, and the
15        authority shall follow a substantially similar process
16        for make-ready work except to the extent that the
17        timing requirements are otherwise addressed in this
18        Act. The good-faith estimate of the person owning or
19        controlling the authority utility pole for any
20        make-ready work necessary to enable the pole to support
21        the requested collocation shall include authority
22        utility pole replacement, if necessary.
23            (C) For authority utility poles that do not support
24        aerial facilities used to provide communications
25        services or electric service, the authority shall
26        provide a good-faith estimate for any make-ready work

 

 

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1        necessary to enable the authority utility pole to
2        support the requested collocation, including pole
3        replacement, if necessary, within 90 days after
4        receipt of a complete application. Make-ready work,
5        including any authority utility pole replacement,
6        shall be completed within 60 days of written acceptance
7        of the good-faith estimate by the applicant at the
8        wireless provider's sole cost and expense.
9        Alternatively, if the authority determines that
10        applicable codes or public safety regulations require
11        the authority utility pole to be replaced to support
12        the requested collocation, the authority may require
13        the wireless provider to replace the authority utility
14        pole at the wireless provider's sole cost and expense.
15            (D) The authority shall not require more
16        make-ready work than required to meet applicable codes
17        or industry standards. Make-ready work may include
18        work needed to accommodate additional public safety
19        communications needs that are identified in a
20        documented and approved plan for the deployment of
21        public safety equipment as specified in paragraph (1)
22        of subsection (d) of this Section and included in an
23        existing or preliminary authority or public service
24        agency budget for attachment within one year of the
25        application. Fees for make-ready work, including any
26        authority utility pole replacement, shall not exceed

 

 

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1        actual costs or the amount charged to communications
2        service providers for similar work and shall not
3        include any consultants' fees or expenses for
4        authority utility poles that do not support aerial
5        facilities used to provide communications services or
6        electric service. Make-ready work, including any pole
7        replacement, shall be completed within 60 days of
8        written acceptance of the good-faith estimate by the
9        wireless provider, at its sole cost and expense.
10            (E) A wireless provider that has an existing
11        agreement with the authority on the effective date of
12        the Act may accept the rates, fees, and terms that an
13        authority makes available under this Act for the
14        collocation of small wireless facilities or the
15        installation of new utility poles for the collocation
16        of small wireless facilities that are the subject of an
17        application submitted 2 or more years after the
18        effective date of the Act as provided in this paragraph
19        (4) by notifying the authority that it opts to accept
20        such rates, fees, and terms. The existing agreement
21        remains in effect, subject to applicable termination
22        provisions, for the small wireless facilities the
23        wireless provider has collocated on the authority's
24        utility poles pursuant to applications submitted to
25        the authority before the wireless provider provides
26        such notice and exercises its option under this

 

 

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1        subparagraph.
2    (j) An authority shall authorize the collocation of small
3wireless facilities on utility poles owned or controlled by the
4authority that are not located within rights-of-way to the same
5extent the authority currently permits access to utility poles
6for other commercial projects or uses. The collocations shall
7be subject to reasonable and nondiscriminatory rates, fees, and
8terms as provided in an agreement between the authority and the
9wireless provider.
10    (k) Nothing in this Section precludes an authority from
11adopting reasonable rules with respect to the removal of
12abandoned small wireless facilities. A small wireless facility
13that is not operated for a continuous period of 12 months shall
14be considered abandoned and the owner of the facility must
15remove the small wireless facility within 90 days after receipt
16of written notice from the authority notifying the owner of the
17abandonment. The notice shall be sent by certified or
18registered mail, return receipt requested, by the authority to
19the owner at the last known address of the owner. If the small
20wireless facility is not removed within 90 days of such notice,
21the authority may remove or cause the removal of the such
22facility pursuant to the terms of its pole attachment agreement
23for authority utility poles or through whatever actions are
24provided for abatement of nuisances or by other law for removal
25and cost recovery. An authority may require a wireless provider
26to provide written notice to the authority if it sells or

 

 

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1transfers small wireless facilities subject to this Act within
2the jurisdictional boundary of the authority. Such notice shall
3include the name and contact information of the new wireless
4provider.
5    (l) Nothing in this Section requires an authority to
6install or maintain any specific utility pole or to continue to
7install or maintain utility poles in any location if the
8authority makes a non-discriminatory decision to eliminate
9above-ground utility poles of a particular type generally, such
10as electric utility poles, in all or a significant portion of
11its geographic jurisdiction. For authority utility poles with
12collocated small wireless facilities in place when an authority
13makes a decision to eliminate above-ground utility poles of a
14particular type generally, the authority shall either (i)
15continue to maintain the authority utility pole or install and
16maintain a reasonable alternative utility pole or wireless
17support structure for the collocation of the small wireless
18facility, or (ii) offer to sell the utility pole to the
19wireless provider at a reasonable cost or allow the wireless
20provider to install its own utility pole so it can maintain
21service from that location.
 
22    Section 20. Local authority. Subject to this Act and
23applicable federal law, an authority may continue to exercise
24zoning, land use, planning, and permitting authority within its
25territorial boundaries, including with respect to wireless

 

 

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1support structures and utility poles; except that no authority
2shall have or exercise any jurisdiction or authority over the
3design, engineering, construction, installation, or operation
4of any small wireless facility located in an interior structure
5or upon the site of any campus, stadium, or athletic facility
6not otherwise owned or controlled by the authority, other than
7to comply with applicable codes and local code provisions
8concerning public safety. Nothing in this Act authorizes the
9State or any political subdivision, including an authority, to
10require wireless facility deployment or to regulate wireless
11services.
 
12    Section 25. Dispute resolution. A circuit court has
13jurisdiction to resolve all disputes arising under this Act.
14Pending resolution of a dispute concerning rates for
15collocation of small wireless facilities on authority utility
16poles within the right-of-way, the authority shall allow the
17collocating person to collocate on its poles at annual rates of
18no more than $200 per year per authority utility pole, with
19rates to be determined upon final resolution of the dispute.
 
20    Section 30. Indemnification. A wireless provider shall
21indemnify and hold an authority harmless against any and all
22liability or loss from personal injury or property damage
23resulting from or arising out of, in whole or in part, the use
24or occupancy of the authority improvements or right-of-way

 

 

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1associated with such improvements by the wireless provider or
2its employees, agents, or contractors arising out of the rights
3and privileges granted under this Act. A wireless provider has
4no obligation to indemnify or hold harmless against any
5liabilities and losses as may be due to or caused by the sole
6negligence of the authority or its employees or agents. A
7wireless provider shall further waive any claims that they may
8have against an authority with respect to consequential,
9incidental, or special damages, however caused, based on the
10theory of liability.
 
11    Section 35. Insurance.
12    (a) Except for a wireless provider with an existing
13franchise to occupy and operate in the rights-of-way, during
14the period in which the wireless provider's facilities are
15located on the authority improvements or rights-of-way, the
16authority may require the wireless provider to carry, at the
17wireless provider's own cost and expense, the following
18insurance: (i) property insurance for its property's
19replacement cost against all risks; (ii) workers' compensation
20insurance, as required by law; or (iii) commercial general
21liability insurance with respect to its activities on the
22authority improvements or rights-of-way to afford minimum
23protection limits consistent with its requirements of other
24users of authority improvements or rights-of-way, including
25coverage for bodily injury and property damage. An authority

 

 

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1may require a wireless provider to include the authority as an
2additional insured on the commercial general liability policy
3and provide certification and documentation of inclusion of the
4authority in a commercial general liability policy as
5reasonably required by the authority.
6    (b) A wireless provider may self-insure all or a portion of
7the insurance coverage and limit requirements required by an
8authority. A wireless provider that self-insures is not
9required, to the extent of the self-insurance, to comply with
10the requirement for the naming of additional insureds under
11this Section. A wireless provider that elects to self-insure
12shall provide to the authority evidence sufficient to
13demonstrate its financial ability to self-insure the insurance
14coverage and limits required by the authority.
 
15    Section 40. Home rule. A home rule unit may not regulate
16small wireless facilities in a manner inconsistent with this
17Act. This Section is a limitation under subsection (i) of
18Section 6 of Article VII of the Illinois Constitution on the
19concurrent exercise by home rule units of powers and functions
20exercised by the State.
 
21    Section 90. Repeal. This Act is repealed on June 1, 2021.
 
22    Section 100. The Counties Code is amended by changing
23Section 5-12001.2 as follows:
 

 

 

SB1451 Enrolled- 34 -LRB100 09256 AWJ 19412 b

1    (55 ILCS 5/5-12001.2)
2    Sec. 5-12001.2. Regulation of telecommunications
3facilities; Lake County pilot project. In addition to any other
4requirements under this Division concerning the regulation of
5telecommunications facilities and except as provided by the
6Small Wireless Facilities Deployment Act, the following
7applies to any new telecommunications facilities in Lake County
8that are not AM telecommunications towers or facilities:
9        (a) For every new wireless telecommunications facility
10    requiring a new tower structure, a telecommunications
11    carrier shall provide the county with documentation
12    consisting of the proposed location, a site plan, and an
13    elevation that sufficiently describes a proposed wireless
14    facility location.
15        (b) The county shall have 7 days to review the facility
16    proposal and contact the telecommunications carrier in
17    writing via e-mail or other written means as specified by
18    the telecommunications carrier. This written communication
19    shall either approve the proposed location or request a
20    meeting to review other possible alternative locations. If
21    requested, the meeting shall take place within 7 days after
22    the date of the written communication.
23        (c) At the meeting, the telecommunications carrier
24    shall provide the county documentation consisting of radio
25    frequency engineering criteria and a corresponding

 

 

SB1451 Enrolled- 35 -LRB100 09256 AWJ 19412 b

1    telecommunications facility search ring map, together with
2    documentation of the carrier's efforts to site the proposed
3    facility within the telecommunications facility search
4    ring.
5        (d) Within 21 days after receipt of the carrier's
6    documentation, the county shall propose either an
7    alternative site within the telecommunications facility
8    search ring, or an alternative site outside of the
9    telecommunications search ring that meets the radio
10    frequency engineering criteria provided by the
11    telecommunications carrier and that will not materially
12    increase the construction budget beyond what was estimated
13    on the original carrier proposed site.
14        (e) If the county's proposed alternative site meets the
15    radio frequency engineering criteria provided by the
16    telecommunications carrier, and will not materially
17    increase the construction budget beyond what was estimated
18    on the original carrier proposed site, then the
19    telecommunications carrier shall agree to build the
20    facility at the alternative location, subject to the
21    negotiation of a lease with commercially reasonable terms
22    and the obtainment of the customary building permits.
23        (f) If the telecommunications carrier can demonstrate
24    that: (i) the county's proposed alternative site does not
25    meet the radio frequency engineering criteria, (ii) the
26    county's proposed alternative site will materially

 

 

SB1451 Enrolled- 36 -LRB100 09256 AWJ 19412 b

1    increase the construction budget beyond what was estimated
2    on the original carrier proposed site, (iii) the county has
3    failed to provide an alternative site, or (iv) after a
4    period of 90 days after receipt of the alternative site,
5    the telecommunications carrier has failed, after acting in
6    good faith and with due diligence, to obtain a lease or, at
7    a minimum, a letter of intent to lease the alternative site
8    at lease rates not materially greater than the lease rate
9    for the original proposed site; then the carrier can
10    proceed to permit and construct the site under the
11    provisions and standards of Section 5-12001.1 of this Code.
12(Source: P.A. 98-197, eff. 8-9-13; 98-756, eff. 7-16-14.)