State of Illinois
2019 and 2020


Introduced 11/10/2020, by Rep. Deanne M. Mazzochi and Amy Grant


50 ILCS 840/15  was 50 ILCS 835/15
50 ILCS 840/45 new

    Amends the Small Wireless Facilities Deployment Act. Provides that a wireless provider may be required to provide the following additional information when seeking a permit to collocate small wireless facilities: (i) a written affidavit signed by a radio frequency engineer with specified certifications; (ii) a written report that analyzes acoustic levels for the small wireless facility and all associated equipment; (iii) information showing the small wireless facility has received any required review by the FCC under the National Environmental Policy Act; and (iv) a certified copy of the original easement documents and other supporting documentation demonstrating that the applicant has the right to install, mount, maintain, and remove a small wireless facility and associated equipment in specified circumstances. Provides that an authority may propose that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 200 feet (rather than 100 feet) of the proposed collocation. In provisions prohibiting an authority from requiring an application, approval, or permit or requiring any fees or other charges from a communications service provider authorized to occupy the rights-of-way for the replacement of wireless facilities with wireless facilities that are substantially similar, clarifies when changes are not "substantially similar". Provides that an authority may adopt reasonable rules requiring providers to place above-ground small wireless facilities and associated equipment and to replace larger, more visually intrusive small wireless facilities with smaller, less visually intrusive facilities. Adds provisions concerning radio frequency compliance. Makes other changes. Effective immediately.

LRB101 21600 AWJ 72530 b





HB5818LRB101 21600 AWJ 72530 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 5. The Small Wireless Facilities Deployment Act is
5amended by changing Section 15 and adding Section 45 as
7    (50 ILCS 840/15)  (was 50 ILCS 835/15)
8    (Section scheduled to be repealed on June 1, 2021)
9    Sec. 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



HB5818- 2 -LRB101 21600 AWJ 72530 b

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



HB5818- 3 -LRB101 21600 AWJ 72530 b

1        Section 4 of the Structural Engineering Practice Act of
2        1989;
3            (B) the location where each proposed small
4        wireless facility or utility pole would be installed
5        and photographs of the location and its immediate
6        surroundings depicting the utility poles or structures
7        on which each proposed small wireless facility would be
8        mounted or location where utility poles or structures
9        would be installed;
10            (C) specifications and drawings prepared by a
11        structural engineer, as that term is defined in Section
12        4 of the Structural Engineering Practice Act of 1989,
13        for each proposed small wireless facility covered by
14        the application as it is proposed to be 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            (G) a written affidavit signed by a radio frequency
25        engineer certifying: (i) the small wireless facility's
26        compliance with applicable FCC rules and regulations



HB5818- 4 -LRB101 21600 AWJ 72530 b

1        relative to radio frequency emissions; (ii) technical
2        data, such as the frequencies in use, power output
3        levels and antenna specifications, reasonably
4        necessary to evaluate compliance with maximum
5        permissible exposure levels set by the FCC; and (iii) a
6        monitoring plan for the applicant's facility capable
7        of tracking and recording the daily amounts or levels
8        of radio frequency emissions produced by the equipment
9        in order to verify on an ongoing basis that the small
10        wireless facility will not exceed applicable FCC radio
11        frequency emissions. An authority may, in addition,
12        require a baseline test by a wireless provider, at the
13        wireless provider's sole cost and expense, of the radio
14        frequency emissions of a small wireless facility at the
15        time of initial activation, with the results to be
16        provided to the authority;
17            (H) a written report that analyzes acoustic levels
18        for the small wireless facility and all associated
19        equipment including, without limitation, all
20        environmental control units, sump pumps, temporary
21        backup power generators, and permanent backup power
22        generators in order to demonstrate compliance with
23        applicable authority noise regulations. The acoustic
24        analysis must be prepared and certified by an engineer
25        and include an analysis of the manufacturers'
26        specifications for all noise-emitting equipment and a



HB5818- 5 -LRB101 21600 AWJ 72530 b

1        depiction of the proposed equipment relative to all
2        adjacent property lines. In lieu of a written report,
3        the applicant may submit evidence from the equipment
4        manufacturer that the ambient noise emitted from all
5        the proposed equipment will not, both individually and
6        cumulatively, exceed the applicable limits;
7            (I) information showing the small wireless
8        facility has received any required review, such as an
9        environmental assessment and review, by the FCC under
10        the National Environmental Policy Act or is exempt from
11        such requirements. If the applicant claims the small
12        wireless facility is exempt, it must state the basis
13        for the exemption and provide proof, including
14        supporting documents that establish that the facility
15        meets such exemption; and
16            (J) where installation is proposed in a
17        right-of-way that consists of a easement dedicated for
18        compatible use, a certified copy of the original
19        easement documents, and other supporting documentation
20        demonstrating that the applicant has the right to
21        install, mount, maintain, and remove a small wireless
22        facility and associated equipment in or on the easement
23        for the length of the permit. If the applicant is
24        claiming access to the easement as an assignee or
25        successor in interest, the applicant shall, in
26        addition, provide documents demonstrating that its



HB5818- 6 -LRB101 21600 AWJ 72530 b

1        assigned or successor rights in the easement are
2        sufficient to allow it to install, mount, maintain, and
3        remove the small wireless facility and associated
4        equipment for the length of the permit.
5        (3) Subject to paragraph (6), an authority may not
6    require the placement of small wireless facilities on any
7    specific utility pole, or category of utility poles, or
8    require multiple antenna systems on a single utility pole;
9    however, with respect to an application for the collocation
10    of a small wireless facility associated with a new utility
11    pole, an authority may propose that the small wireless
12    facility be collocated on an existing utility pole or
13    existing wireless support structure within 200 100 feet of
14    the proposed collocation, which the applicant shall accept
15    if it has the right to use the alternate structure on
16    reasonable terms and conditions and the alternate location
17    and structure does not impose technical limits or
18    additional material costs as determined by the applicant.
19    The authority may require the applicant to provide a
20    written certification describing the property rights,
21    technical limits or material cost reasons the alternate
22    location does not satisfy the criteria in this paragraph
23    (3).
24        (4) Subject to paragraph (6), an authority may not
25    limit the placement of small wireless facilities mounted on
26    a utility pole or a wireless support structure by minimum



HB5818- 7 -LRB101 21600 AWJ 72530 b

1    horizontal separation distances.
2        (5) An authority may limit the maximum height of a
3    small wireless facility to 10 feet above the utility pole
4    or wireless support structure on which the small wireless
5    facility is collocated. Subject to any applicable waiver,
6    zoning, or other process that addresses wireless provider
7    requests for an exception or variance and does not prohibit
8    granting of such exceptions or variances, the authority may
9    limit the height of new or replacement utility poles or
10    wireless support structures on which small wireless
11    facilities are collocated to the higher of: (i) 10 feet in
12    height above the tallest existing utility pole, other than
13    a utility pole supporting only wireless facilities, that is
14    in place on the date the application is submitted to the
15    authority, that is located within 300 feet of the new or
16    replacement utility pole or wireless support structure and
17    that is in the same right-of-way within the jurisdictional
18    boundary of the authority, provided the authority may
19    designate which intersecting right-of-way within 300 feet
20    of the proposed utility pole or wireless support structures
21    shall control the height limitation for such facility; or
22    (ii) 45 feet above ground level.
23        (6) An authority may require that:
24            (A) the wireless provider's operation of the small
25        wireless facilities does not interfere with the
26        frequencies used by a public safety agency for public



HB5818- 8 -LRB101 21600 AWJ 72530 b

1        safety communications; a wireless provider shall
2        install small wireless facilities of the type and
3        frequency that will not cause unacceptable
4        interference with a public safety agency's
5        communications equipment; unacceptable interference
6        will be determined by and measured in accordance with
7        industry standards and the FCC's regulations
8        addressing unacceptable interference to public safety
9        spectrum or any other spectrum licensed by a public
10        safety agency; if a small wireless facility causes such
11        interference, and the wireless provider has been given
12        written notice of the interference by the public safety
13        agency, the wireless provider, at its own expense,
14        shall take all reasonable steps necessary to correct
15        and eliminate the interference, including, but not
16        limited to, powering down the small wireless facility
17        and later powering up the small wireless facility for
18        intermittent testing, if necessary; the authority may
19        terminate a permit for a small wireless facility based
20        on such interference if the wireless provider is not
21        making a good faith effort to remedy the problem in a
22        manner consistent with the abatement and resolution
23        procedures for interference with public safety
24        spectrum established by the FCC including 47 CFR 22.970
25        through 47 CFR 22.973 and 47 CFR 90.672 through 47 CFR
26        90.675;



HB5818- 9 -LRB101 21600 AWJ 72530 b

1            (B) the wireless provider comply with requirements
2        that are imposed by a contract between an authority and
3        a private property owner that concern design or
4        construction standards applicable to utility poles and
5        ground-mounted equipment located in the right-of-way;
6            (C) the wireless provider comply with applicable
7        spacing requirements in applicable codes and
8        ordinances concerning the location of ground-mounted
9        equipment located in the right-of-way if the
10        requirements include a waiver, zoning, or other
11        process that addresses wireless provider requests for
12        exception or variance and do not prohibit granting of
13        such exceptions or variances;
14            (D) the wireless provider comply with local code
15        provisions or regulations concerning undergrounding
16        requirements that prohibit the installation of new or
17        the modification of existing utility poles in a
18        right-of-way without prior approval if the
19        requirements include a waiver, zoning, or other
20        process that addresses requests to install such new
21        utility poles or modify such existing utility poles and
22        do not prohibit the replacement of utility poles;
23            (E) the wireless provider comply with generally
24        applicable standards that are consistent with this Act
25        and adopted by an authority for construction and public
26        safety in the rights-of-way, including, but not



HB5818- 10 -LRB101 21600 AWJ 72530 b

1        limited to, reasonable and nondiscriminatory wiring
2        and cabling requirements, grounding requirements,
3        utility pole extension requirements, and signage
4        limitations; and shall comply with reasonable and
5        nondiscriminatory requirements that are consistent
6        with this Act and adopted by an authority regulating
7        the location, size, surface area and height of small
8        wireless facilities, or the abandonment and removal of
9        small wireless facilities;
10            (F) the wireless provider not collocate small
11        wireless facilities on authority utility poles that
12        are part of an electric distribution or transmission
13        system within the communication worker safety zone of
14        the pole or the electric supply zone of the pole;
15        however, the antenna and support equipment of the small
16        wireless facility may be located in the communications
17        space on the authority utility pole and on the top of
18        the pole, if not otherwise unavailable, if the wireless
19        provider complies with applicable codes for work
20        involving the top of the pole; for purposes of this
21        subparagraph (F), the terms "communications space",
22        "communication worker safety zone", and "electric
23        supply zone" have the meanings given to those terms in
24        the National Electric Safety Code as published by the
25        Institute of Electrical and Electronics Engineers;
26            (G) the wireless provider comply with the



HB5818- 11 -LRB101 21600 AWJ 72530 b

1        applicable codes and local code provisions or
2        regulations that concern public safety;
3            (H) the wireless provider comply with written
4        design standards that are generally applicable for
5        decorative utility poles, or reasonable stealth,
6        concealment, and aesthetic requirements that are
7        identified by the authority in an ordinance, written
8        policy adopted by the governing board of the authority,
9        a comprehensive plan, or other written design plan that
10        applies to other occupiers of the rights-of-way,
11        including on a historic landmark or in a historic
12        district; and
13            (I) subject to subsection (c) of this Section, and
14        except for facilities excluded from evaluation for
15        effects on historic properties under 47 CFR
16        1.1307(a)(4), reasonable, technically feasible and
17        non-discriminatory design or concealment measures in a
18        historic district or historic landmark; any such
19        design or concealment measures, including restrictions
20        on a specific category of poles, may not have the
21        effect of prohibiting any provider's technology; such
22        design and concealment measures shall not be
23        considered a part of the small wireless facility for
24        purposes of the size restrictions of a small wireless
25        facility; this paragraph may not be construed to limit
26        an authority's enforcement of historic preservation in



HB5818- 12 -LRB101 21600 AWJ 72530 b

1        conformance with the requirements adopted pursuant to
2        the Illinois State Agency Historic Resources
3        Preservation Act or the National Historic Preservation
4        Act of 1966, 54 U.S.C. Section 300101 et seq., and the
5        regulations adopted to implement those laws.
6        (7) Within 30 days after receiving an application, an
7    authority must determine whether the application is
8    complete and notify the applicant. If an application is
9    incomplete, an authority must specifically identify the
10    missing information. An application shall be deemed
11    complete if the authority fails to provide notification to
12    the applicant within 30 days after when all documents,
13    information, and fees specifically enumerated in the
14    authority's permit application form are submitted by the
15    applicant to the authority. Processing deadlines are
16    tolled from the time the authority sends the notice of
17    incompleteness to the time the applicant provides the
18    missing information.
19        (8) An authority shall process applications as
20    follows:
21            (A) an application to collocate a small wireless
22        facility on an existing utility pole or wireless
23        support structure shall be processed on a
24        nondiscriminatory basis and deemed approved if the
25        authority fails to approve or deny the application
26        within 90 days; however, if an applicant intends to



HB5818- 13 -LRB101 21600 AWJ 72530 b

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



HB5818- 14 -LRB101 21600 AWJ 72530 b

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



HB5818- 15 -LRB101 21600 AWJ 72530 b

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



HB5818- 16 -LRB101 21600 AWJ 72530 b

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



HB5818- 17 -LRB101 21600 AWJ 72530 b

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



HB5818- 18 -LRB101 21600 AWJ 72530 b

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



HB5818- 19 -LRB101 21600 AWJ 72530 b

1permit to work within rights-of-way for activities that affect
2traffic patterns or require lane closures. Wireless facilities
3that vary significantly in design, increase power output,
4frequency, bandwidth, or performance, change the location of
5the small wireless facility upon the utility pole or wireless
6support structure, increase signal strength, or make other
7modifications in other key components are not substantially
8similar and are subject to standard application processes,
9permitting requirements, and fees.
10    (g) Nothing in this Act authorizes a person to collocate
11small wireless facilities on: (1) property owned by a private
12party or property owned or controlled by a unit of local
13government that is not located within rights-of-way, subject to
14subsection (j) of this Section, or a privately owned utility
15pole or wireless support structure without the consent of the
16property owner; (2) property owned, leased, or controlled by a
17park district, forest preserve district, or conservation
18district for public park, recreation, or conservation purposes
19without the consent of the affected district, excluding the
20placement of facilities on rights-of-way located in an affected
21district that are under the jurisdiction and control of a
22different unit of local government as provided by the Illinois
23Highway Code; or (3) property owned by a rail carrier
24registered under Section 18c-7201 of the Illinois Vehicle Code,
25Metra Commuter Rail or any other public commuter rail service,
26or an electric utility as defined in Section 16-102 of the



HB5818- 20 -LRB101 21600 AWJ 72530 b

1Public Utilities Act, without the consent of the rail carrier,
2public commuter rail service, or electric utility. The
3provisions of this Act do not apply to an electric or gas
4public utility or such utility's wireless facilities if the
5facilities are being used, developed, and maintained
6consistent with the provisions of subsection (i) of Section
716-108.5 of the Public Utilities Act.
8    For the purposes of this subsection, "public utility" has
9the meaning given to that term in Section 3-105 of the Public
10Utilities Act. Nothing in this Act shall be construed to
11relieve any person from any requirement (1) to obtain a
12franchise or a State-issued authorization to offer cable
13service or video service or (2) to obtain any required
14permission to install, place, maintain, or operate
15communications facilities, other than small wireless
16facilities subject to this Act.
17    (h) Agreements between authorities and wireless providers
18that relate to the collocation of small wireless facilities in
19the right-of-way, including the collocation of small wireless
20facilities on authority utility poles, that are in effect on
21the effective date of this Act remain in effect for all small
22wireless facilities collocated on the authority's utility
23poles pursuant to applications submitted to the authority
24before the effective date of this Act, subject to applicable
25termination provisions. Such agreements entered into after the
26effective date of the Act shall comply with the Act.



HB5818- 21 -LRB101 21600 AWJ 72530 b

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



HB5818- 22 -LRB101 21600 AWJ 72530 b

1        (4) Authorities or other persons owning or controlling
2    authority utility poles within the right-of-way shall
3    offer rates, fees, and other terms that comply with
4    subparagraphs (A) through (E) of this paragraph (4). Within
5    2 months after the effective date of this Act, an authority
6    or a person owning or controlling authority utility poles
7    shall make available, through ordinance or an authority
8    utility pole attachment agreement, license or other
9    agreement that makes available to wireless providers, the
10    rates, fees, and terms for the collocation of small
11    wireless facilities on authority utility poles that comply
12    with this Act and with subparagraphs (A) through (E) of
13    this paragraph (4). In the absence of such an ordinance or
14    agreement that complies with this Act, and until such a
15    compliant ordinance or agreement is adopted, wireless
16    providers may collocate small wireless facilities and
17    install utility poles under the requirements of this Act.
18            (A) The rates, fees, and terms must be
19        nondiscriminatory, competitively neutral, and
20        commercially reasonable, and may address, among other
21        requirements, the requirements in subparagraphs (A)
22        through (I) of paragraph (6) of subsection (d) of this
23        Section; subsections (e), (i), and (k) of this Section;
24        Section 30; and Section 35, and must comply with this
25        Act.
26            (B) For authority utility poles that support



HB5818- 23 -LRB101 21600 AWJ 72530 b

1        aerial facilities used to provide communications
2        services or electric service, wireless providers shall
3        comply with the process for make-ready work under 47
4        U.S.C. 224 and its implementing regulations, and the
5        authority shall follow a substantially similar process
6        for make-ready work except to the extent that the
7        timing requirements are otherwise addressed in this
8        Act. The good-faith estimate of the person owning or
9        controlling the authority utility pole for any
10        make-ready work necessary to enable the pole to support
11        the requested collocation shall include authority
12        utility pole replacement, if necessary.
13            (C) For authority utility poles that do not support
14        aerial facilities used to provide communications
15        services or electric service, the authority shall
16        provide a good-faith estimate for any make-ready work
17        necessary to enable the authority utility pole to
18        support the requested collocation, including pole
19        replacement, if necessary, within 90 days after
20        receipt of a complete application. Make-ready work,
21        including any authority utility pole replacement,
22        shall be completed within 60 days of written acceptance
23        of the good-faith estimate by the applicant at the
24        wireless provider's sole cost and expense.
25        Alternatively, if the authority determines that
26        applicable codes or public safety regulations require



HB5818- 24 -LRB101 21600 AWJ 72530 b

1        the authority utility pole to be replaced to support
2        the requested collocation, the authority may require
3        the wireless provider to replace the authority utility
4        pole at the wireless provider's sole cost and 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



HB5818- 25 -LRB101 21600 AWJ 72530 b

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



HB5818- 26 -LRB101 21600 AWJ 72530 b

1adopting reasonable rules with respect to the removal of
2abandoned small wireless facilities. A small wireless facility
3that is not operated for a continuous period of 12 months shall
4be considered abandoned and the owner of the facility must
5remove the small wireless facility and any associated wireless
6support structure or utility pole within 90 days after receipt
7of written notice from the authority notifying the owner of the
8abandonment. The requirement that a wireless support structure
9or utility pole associated with an abandoned small wireless
10facility be removed does not apply if the owner does not own or
11otherwise have the right to remove the structure or pole, and
12does not apply to authority-owned utility poles unless
13requested by the authority. The notice shall be sent by
14certified or registered mail, return receipt requested, by the
15authority to the owner at the last known address of the owner.
16If the small wireless facility and associated wireless support
17structure or utility pole, if any, is not removed within 90
18days of such notice, the authority may remove or cause the
19removal of the such facility and associated structure or pole
20pursuant to the terms of its pole attachment agreement for
21authority utility poles or through whatever actions are
22provided for abatement of nuisances or by other law for removal
23and cost recovery. An authority may require a wireless provider
24to provide written notice to the authority if it sells or
25transfers small wireless facilities subject to this Act within
26the jurisdictional boundary of the authority. Such notice shall



HB5818- 27 -LRB101 21600 AWJ 72530 b

1include the name and contact information of the new wireless
3    (l) Nothing in this Section requires an authority to
4install or maintain any specific utility pole or to continue to
5install or maintain utility poles in any location if the
6authority makes a non-discriminatory decision to eliminate
7above-ground utility poles of a particular type generally, such
8as electric utility poles, in all or a significant portion of
9its geographic jurisdiction. For authority utility poles with
10collocated small wireless facilities in place when an authority
11makes a decision to eliminate above-ground utility poles of a
12particular type generally, the authority shall either (i)
13continue to maintain the authority utility pole or install and
14maintain a reasonable alternative utility pole or wireless
15support structure for the collocation of the small wireless
16facility, or (ii) offer to sell the utility pole to the
17wireless provider at a reasonable cost or allow the wireless
18provider to install its own utility pole so it can maintain
19service from that location.
20    (m) Nothing in this Section precludes an authority from
21adopting reasonable rules requiring providers, where feasible,
22as new technology becomes available, and after receiving all
23necessary permits and approvals required by the authority, to:
24        (1) Place above-ground small wireless facilities and
25    associated equipment, including accessory equipment that
26    has been mounted to a utility pole or wireless support



HB5818- 28 -LRB101 21600 AWJ 72530 b

1    structure, below ground, at the wireless provider's sole
2    cost and expense.
3        (2) When replacing larger, more visually intrusive
4    small wireless facilities with smaller, less visually
5    intrusive facilities, to replace them with facilities with
6    the smallest visual profile, to the extent such facilities
7    are commercially available, technologically compatible
8    with the wireless provider's local network system, and
9    already used in the wireless provider's national or
10    regional wireless network system.
11(Source: P.A. 100-585, eff. 6-1-18.)
12    (50 ILCS 840/45 new)
13    Sec. 45. Radio frequency compliance. Wireless providers
14shall comply with the FCC's radio frequency emissions standards
15at all times. Wireless providers may be required by an
16ordinance of an authority to perform on-going monitoring of
17small wireless facilities to ensure all equipment continues to
18operate within allowable FCC radio frequency emission ranges
19and to provide, on either a quarterly or annual basis, as
20determined by an authority, a certification with supporting
21information confirming whether all of the wireless provider's
22small wireless facilities within an authority's jurisdiction
23operated in compliance with all FCC radio frequency emission
24limits during the quarterly or annual reporting period. The
25certified quarterly or annual report shall, where required, be



HB5818- 29 -LRB101 21600 AWJ 72530 b

1delivered to the attention of the chief executive officer of
2the authority by the 30th of the month following the end of the
3calendar quarter or year, as applicable. A wireless provider
4shall, upon request of an authority at any time, perform radio
5frequency testing of all or specific small wireless facilities,
6provide such testing results to the authority, and shall
7promptly respond to all authority requests for information or
8cooperation with respect to any of the foregoing. Authority
9staff may, at an authority's option, accompany the wireless
10provider or its agents in the performance of such testing. An
11authority has the right, but not the obligation, to employ a
12qualified radio frequency engineer to conduct periodic random
13and unannounced testing of permitted small wireless facilities
14to determine their compliance with all FCC radio frequency
15emission limits. In the event the authority decides to perform
16its own testing on small wireless facilities the authority may,
17where it deems it necessary, request that the wireless provider
18be present for the test. Any small wireless facility found not
19to comply with FCC radio frequency emission standards shall be
20immediately reported by the wireless provider to the FCC, with
21a copy of such report sent at the same time to the chief
22executive officer of the authority and shall be powered-down,
23adjusted, repaired, replaced, shut off, or removed by the
24wireless provider within 3 calendar days of the provider
25becoming aware of the violation. Small wireless facilities that
26exceed the FCC's radio frequency emissions standards are



HB5818- 30 -LRB101 21600 AWJ 72530 b

1declared a public nuisance and may be summarily abated by an
2authority. Failure by a wireless provider to cure a violation
3of the FCC radio frequency emission standards within 3 calendar
4days may result in a revocation of the applicable small
5wireless facility permit and a citation for maintaining a
6public nuisance with a fine in the amount of $750, with each
7day of continued operation without cure being a separate
8violation. If an authority determines through its own testing
9that a small wireless facility is not in compliance with any
10legal requirements or conditions related to radio frequency,
11the wireless provider shall, in addition to the other
12requirements of this Section, be responsible for all costs and
13expenses incurred by the authority in connection with the
14investigation, testing, enforcement, or remediation of such
16    Section 99. Effective date. This Act takes effect upon
17becoming law.