Illinois General Assembly - Full Text of HB2439
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Full Text of HB2439  102nd General Assembly

HB2439 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2439

 

Introduced 2/19/2021, by Rep. Lawrence Walsh, Jr.

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 840/15  was 50 ILCS 835/15
50 ILCS 840/90 rep.
65 ILCS 5/11-80-24 new

    Amends the Small Wireless Facilities Deployment Act. Provides that an authority may require a wireless provider to include documentation and certification that the small wireless facility and location meets all FCC standards and regulations at the wireless provider's sole cost and expense. Provides that an authority may require (currently, propose) that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 200 (currently, 100) feet of the proposed collocation, which the applicant shall accept if it has the right to use the alternate structure on reasonable terms and conditions and the alternate location and structure does not impose technical limits or additional significant costs (currently, additional material costs as determined by the applicant). Provides that an authority may require a wireless provider to comply with generally applicable standards, including acoustic regulations. Repeals a Section that repeals the Act on June 1, 2021. Amends the Illinois Municipal Code. Provides that a municipality may require that a small wireless facility be collocated on any existing utility pole within its public rights-of-way and the entity owning the utility pole shall provide access for that purpose. Provides that any fee charged for the use of a utility pole under the Section shall be at the lowest rate charged by the entity owning the utility pole and shall not exceed the entity's actual costs. Effective immediately, except for certain provisions.


LRB102 04019 AWJ 14035 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2439LRB102 04019 AWJ 14035 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 as follows:
 
6    (50 ILCS 840/15)  (was 50 ILCS 835/15)
7    (Section scheduled to be repealed on June 1, 2021)
8    Sec. 15. Regulation of small wireless facilities.
9    (a) This Section applies to activities of a wireless
10provider within or outside rights-of-way.
11    (b) Except as provided in this Section, an authority may
12not prohibit, regulate, or charge for the collocation of small
13wireless facilities.
14    (c) Small wireless facilities shall be classified as
15permitted uses and subject to administrative review in
16conformance with this Act, except as provided in paragraph (5)
17of subsection (d) of this Section regarding height exceptions
18or variances, but not subject to zoning review or approval if
19they are collocated (i) in rights-of-way in any zone, or (ii)
20outside rights-of-way in property zoned exclusively for
21commercial or industrial use.
22    (d) An authority may require an applicant to obtain one or
23more permits to collocate a small wireless facility. An

 

 

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

 

 

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1        of 1989;
2            (B) the location where each proposed small
3        wireless facility or utility pole would be installed
4        and photographs of the location and its immediate
5        surroundings depicting the utility poles or structures
6        on which each proposed small wireless facility would
7        be mounted or location where utility poles or
8        structures would be installed, including requiring
9        documentation and certification that the small
10        wireless facility and location meets all FCC standards
11        and regulations at the wireless provider's sole cost
12        and expense;
13            (C) specifications and drawings prepared by a
14        structural engineer, as that term is defined in
15        Section 4 of the Structural Engineering Practice Act
16        of 1989, for each proposed small wireless facility
17        covered by the application as it is proposed to be
18        installed;
19            (D) the equipment type and model numbers for the
20        antennas and all other wireless equipment associated
21        with the small wireless facility, including requiring
22        documentation and certification that all equipment
23        meets applicable FCC standards and regulations at the
24        wireless provider's sole cost and expense;
25            (E) a proposed schedule for the installation and
26        completion of each small wireless facility covered by

 

 

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1        the application, if approved; and
2            (F) certification that the collocation complies
3        with paragraph (6) to the best of the applicant's
4        knowledge.
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
10    collocation of a small wireless facility associated with a
11    new utility pole, an authority may require propose that
12    the small wireless facility be collocated on an existing
13    utility pole or existing wireless support structure within
14    200 100 feet of the proposed collocation, which the
15    applicant shall accept if it has the right to use the
16    alternate structure on reasonable terms and conditions and
17    the alternate location and structure does not impose
18    technical limits or additional significant material costs
19    as determined by the applicant. The authority may require
20    the applicant to provide a written certification
21    describing the property rights, technical limits or
22    material cost reasons the alternate location does not
23    satisfy the criteria in this paragraph (3).
24        (4) Subject to paragraph (6), an authority may not
25    limit the placement of small wireless facilities mounted
26    on a utility pole or a wireless support structure by

 

 

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1    minimum 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
8    prohibit granting of such exceptions or variances, the
9    authority may limit the height of new or replacement
10    utility poles or wireless support structures on which
11    small wireless facilities are collocated to the higher of:
12    (i) 10 feet in height above the tallest existing utility
13    pole, other than a utility pole supporting only wireless
14    facilities, that is in place on the date the application
15    is submitted to the authority, that is located within 300
16    feet of the new or replacement utility pole or wireless
17    support structure and that is in the same right-of-way
18    within the jurisdictional boundary of the authority,
19    provided the authority may designate which intersecting
20    right-of-way within 300 feet of the proposed utility pole
21    or wireless support structures shall control the height
22    limitation for such facility; or (ii) 45 feet above ground
23    level.
24        (6) An authority may require that:
25            (A) the wireless provider's operation of the small
26        wireless facilities does not interfere with the

 

 

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

 

 

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1        through 47 CFR 90.675;
2            (B) the wireless provider comply with requirements
3        that are imposed by a contract between an authority
4        and a private property owner that concern design or
5        construction standards applicable to utility poles and
6        ground-mounted equipment located in the right-of-way;
7            (C) the wireless provider comply with applicable
8        spacing requirements in applicable codes and
9        ordinances concerning the location of ground-mounted
10        equipment located in the right-of-way if the
11        requirements include a waiver, zoning, or other
12        process that addresses wireless provider requests for
13        exception or variance and do not prohibit granting of
14        such exceptions or variances;
15            (D) the wireless provider comply with local code
16        provisions or regulations concerning undergrounding
17        requirements that prohibit the installation of new or
18        the modification of existing utility poles in a
19        right-of-way without prior approval if the
20        requirements include a waiver, zoning, or other
21        process that addresses requests to install such new
22        utility poles or modify such existing utility poles
23        and do not prohibit the replacement of utility poles;
24            (E) the wireless provider comply with generally
25        applicable standards that are consistent with this Act
26        and adopted by an authority for construction and

 

 

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

 

 

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

 

 

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1        facility; this paragraph may not be construed to limit
2        an authority's enforcement of historic preservation in
3        conformance with the requirements adopted pursuant to
4        the Illinois State Agency Historic Resources
5        Preservation Act or the National Historic Preservation
6        Act of 1966, 54 U.S.C. Section 300101 et seq., and the
7        regulations adopted to implement those laws; and .
8            (J) the wireless provider submit regular
9        documentation and verification that the continuing
10        operation of the provider's small wireless facilities
11        complies with applicable FCC standards and regulations
12        at the wireless provider's sole cost and expense.
13        (7) Within 30 days after receiving an application, an
14    authority must determine whether the application is
15    complete and notify the applicant. If an application is
16    incomplete, an authority must specifically identify the
17    missing information. An application shall be deemed
18    complete if the authority fails to provide notification to
19    the applicant within 30 days after when all documents,
20    information, and fees specifically enumerated in the
21    authority's permit application form are submitted by the
22    applicant to the authority. Processing deadlines are
23    tolled from the time the authority sends the notice of
24    incompleteness to the time the applicant provides the
25    missing information.
26        (8) An authority shall process applications as

 

 

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

 

 

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1        applicant must notify the authority in writing of its
2        intention to invoke the deemed approved remedy no
3        sooner than 105 days after the submission of a
4        completed application; the permit shall be deemed
5        approved on the latter of the 120th day after
6        submission of the complete application or the 10th day
7        after the receipt of the deemed approved notice by the
8        authority; the receipt of the deemed approved notice
9        shall not preclude the authority's denial of the
10        permit request within the time limits as provided
11        under this Act.
12        (9) An authority shall approve an application unless
13    the application does not meet the requirements of this
14    Act. If an authority determines that applicable codes,
15    local code provisions or regulations that concern public
16    safety, or the requirements of paragraph (6) require that
17    the utility pole or wireless support structure be replaced
18    before the requested collocation, approval may be
19    conditioned on the replacement of the utility pole or
20    wireless support structure at the cost of the provider.
21    The authority must document the basis for a denial,
22    including the specific code provisions or application
23    conditions on which the denial was based, and send the
24    documentation to the applicant on or before the day the
25    authority denies an application. The applicant may cure
26    the deficiencies identified by the authority and resubmit

 

 

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1    the revised application once within 30 days after notice
2    of denial is sent to the applicant without paying an
3    additional application fee. The authority shall approve or
4    deny the revised application within 30 days after the
5    applicant resubmits the application or it is deemed
6    approved; however, the applicant must notify the authority
7    in writing of its intention to proceed with the permitted
8    activity on a deemed approved basis, which may be
9    submitted with the resubmitted application. Any subsequent
10    review shall be limited to the deficiencies cited in the
11    denial. However, this revised application cure does not
12    apply if the cure requires the review of a new location,
13    new or different structure to be collocated upon, new
14    antennas, or other wireless equipment associated with the
15    small wireless facility.
16        (10) The time period for applications may be further
17    tolled by:
18            (A) the express agreement in writing by both the
19        applicant and the authority; or
20            (B) a local, State, or federal disaster
21        declaration or similar emergency that causes the
22        delay.
23        (11) An applicant seeking to collocate small wireless
24    facilities within the jurisdiction of a single authority
25    shall be allowed, at the applicant's discretion, to file a
26    consolidated application and receive a single permit for

 

 

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1    the collocation of up to 25 small wireless facilities if
2    the collocations each involve substantially the same type
3    of small wireless facility and substantially the same type
4    of structure. If an application includes multiple small
5    wireless facilities, the authority may remove small
6    wireless facility collocations from the application and
7    treat separately small wireless facility collocations for
8    which incomplete information has been provided or that do
9    not qualify for consolidated treatment or that are denied.
10    The authority may issue separate permits for each
11    collocation that is approved in a consolidated
12    application.
13        (12) Collocation for which a permit is granted shall
14    be completed within 180 days after issuance of the permit,
15    unless the authority and the wireless provider agree to
16    extend this period or a delay is caused by make-ready work
17    for an authority utility pole or by the lack of commercial
18    power or backhaul availability at the site, provided the
19    wireless provider has made a timely request within 60 days
20    after the issuance of the permit for commercial power or
21    backhaul services, and the additional time to complete
22    installation does not exceed 360 days after issuance of
23    the permit. Otherwise, the permit shall be void unless the
24    authority grants an extension in writing to the applicant.
25        (13) The duration of a permit shall be for a period of
26    not less than 5 years, and the permit shall be renewed for

 

 

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1    equivalent durations unless the authority makes a finding
2    that the small wireless facilities or the new or modified
3    utility pole do not comply with the applicable codes or
4    local code provisions or regulations in paragraphs (6) and
5    (9). If this Act is repealed as provided in Section 90,
6    renewals of permits shall be subject to the applicable
7    authority code provisions or regulations in effect at the
8    time of renewal.
9        (14) An authority may not prohibit, either expressly
10    or de facto, the (i) filing, receiving, or processing
11    applications, or (ii) issuing of permits or other
12    approvals, if any, for the collocation of small wireless
13    facilities unless there has been a local, State, or
14    federal disaster declaration or similar emergency that
15    causes the delay.
16        (15) Applicants shall submit applications, supporting
17    information, and notices by personal delivery or as
18    otherwise required by the authority. An authority may
19    require that permits, supporting information, and notices
20    be submitted by personal delivery at the authority's
21    designated place of business, by regular mail postmarked
22    on the date due, or by any other commonly used means,
23    including electronic mail, as required by the authority.
24    (e) Application fees are subject to the following
25requirements:
26        (1) An authority may charge an application fee of up

 

 

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1    to $650 for an application to collocate a single small
2    wireless facility on an existing utility pole or wireless
3    support structure and up to $350 for each small wireless
4    facility addressed in an application to collocate more
5    than one small wireless facility on existing utility poles
6    or wireless support structures.
7        (2) An authority may charge an application fee of
8    $1,000 for each small wireless facility addressed in an
9    application that includes the installation of a new
10    utility for such collocation.
11        (3) Notwithstanding any contrary provision of State
12    law or local ordinance, applications pursuant to this
13    Section must be accompanied by the required application
14    fee.
15        (4) Within 2 months after the effective date of this
16    Act, an authority shall make available application fees
17    consistent with this subsection, through ordinance, or in
18    a written schedule of permit fees adopted by the
19    authority.
20    (f) An authority shall not require an application,
21approval, or permit, or require any fees or other charges,
22from a communications service provider authorized to occupy
23the rights-of-way, for: (i) routine maintenance; (ii) the
24replacement of wireless facilities with wireless facilities
25that are substantially similar, the same size, or smaller if
26the wireless provider notifies the authority at least 10 days

 

 

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1prior to the planned replacement and includes equipment
2specifications for the replacement of equipment consistent
3with the requirements of subparagraph (D) of paragraph (2) of
4subsection (d) of this Section; or (iii) the installation,
5placement, maintenance, operation, or replacement of micro
6wireless facilities that are suspended on cables that are
7strung between existing utility poles in compliance with
8applicable safety codes. However, an authority may require a
9permit to work within rights-of-way for activities that affect
10traffic patterns or require lane closures.
11    (g) Nothing in this Act authorizes a person to collocate
12small wireless facilities on: (1) property owned by a private
13party or property owned or controlled by a unit of local
14government that is not located within rights-of-way, subject
15to subsection (j) of this Section, or a privately owned
16utility pole or wireless support structure without the consent
17of the property owner; (2) property owned, leased, or
18controlled by a park district, forest preserve district, or
19conservation district for public park, recreation, or
20conservation purposes without the consent of the affected
21district, excluding the placement of facilities on
22rights-of-way located in an affected district that are under
23the jurisdiction and control of a different unit of local
24government as provided by the Illinois Highway Code; or (3)
25property owned by a rail carrier registered under Section
2618c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or

 

 

HB2439- 18 -LRB102 04019 AWJ 14035 b

1any other public commuter rail service, or an electric utility
2as defined in Section 16-102 of the Public Utilities Act,
3without the consent of the rail carrier, public commuter rail
4service, or electric utility. The provisions of this Act do
5not apply to an electric or gas public utility or such
6utility's wireless facilities if the facilities are being
7used, developed, and maintained consistent with the provisions
8of subsection (i) of Section 16-108.5 of the Public Utilities
9Act.
10    For the purposes of this subsection, "public utility" has
11the meaning given to that term in Section 3-105 of the Public
12Utilities Act. Nothing in this Act shall be construed to
13relieve any person from any requirement (1) to obtain a
14franchise or a State-issued authorization to offer cable
15service or video service or (2) to obtain any required
16permission to install, place, maintain, or operate
17communications facilities, other than small wireless
18facilities subject to this Act.
19    (h) Agreements between authorities and wireless providers
20that relate to the collocation of small wireless facilities in
21the right-of-way, including the collocation of small wireless
22facilities on authority utility poles, that are in effect on
23the effective date of this Act remain in effect for all small
24wireless facilities collocated on the authority's utility
25poles pursuant to applications submitted to the authority
26before the effective date of this Act, subject to applicable

 

 

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

 

 

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1    annual recurring rate of less than $200 to collocate a
2    small wireless facility on an authority utility pole.
3        (4) Authorities or other persons owning or controlling
4    authority utility poles within the right-of-way shall
5    offer rates, fees, and other terms that comply with
6    subparagraphs (A) through (E) of this paragraph (4).
7    Within 2 months after the effective date of this Act, an
8    authority or a person owning or controlling authority
9    utility poles shall make available, through ordinance or
10    an authority utility pole attachment agreement, license or
11    other agreement that makes available to wireless
12    providers, the rates, fees, and terms for the collocation
13    of small wireless facilities on authority utility poles
14    that comply with this Act and with subparagraphs (A)
15    through (E) of this paragraph (4). In the absence of such
16    an ordinance or agreement that complies with this Act, and
17    until such a compliant ordinance or agreement is adopted,
18    wireless providers may collocate small wireless facilities
19    and install utility poles under the requirements of this
20    Act.
21            (A) The rates, fees, and terms must be
22        nondiscriminatory, competitively neutral, and
23        commercially reasonable, and may address, among other
24        requirements, the requirements in subparagraphs (A)
25        through (I) of paragraph (6) of subsection (d) of this
26        Section; subsections (e), (i), and (k) of this

 

 

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1        Section; Section 30; and Section 35, and must comply
2        with this Act.
3            (B) For authority utility poles that support
4        aerial facilities used to provide communications
5        services or electric service, wireless providers shall
6        comply with the process for make-ready work under 47
7        U.S.C. 224 and its implementing regulations, and the
8        authority shall follow a substantially similar process
9        for make-ready work except to the extent that the
10        timing requirements are otherwise addressed in this
11        Act. The good-faith estimate of the person owning or
12        controlling the authority utility pole for any
13        make-ready work necessary to enable the pole to
14        support the requested collocation shall include
15        authority utility pole replacement, if necessary.
16            (C) For authority utility poles that do not
17        support aerial facilities used to provide
18        communications services or electric service, the
19        authority shall provide a good-faith estimate for any
20        make-ready work necessary to enable the authority
21        utility pole to support the requested collocation,
22        including pole replacement, if necessary, within 90
23        days after receipt of a complete application.
24        Make-ready work, including any authority utility pole
25        replacement, shall be completed within 60 days of
26        written acceptance of the good-faith estimate by the

 

 

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1        applicant at the wireless provider's sole cost and
2        expense. Alternatively, if the authority determines
3        that applicable codes or public safety regulations
4        require the authority utility pole to be replaced to
5        support the requested collocation, the authority may
6        require the wireless provider to replace the authority
7        utility pole at the wireless provider's sole cost and
8        expense.
9            (D) The authority shall not require more
10        make-ready work than required to meet applicable codes
11        or industry standards. Make-ready work may include
12        work needed to accommodate additional public safety
13        communications needs that are identified in a
14        documented and approved plan for the deployment of
15        public safety equipment as specified in paragraph (1)
16        of subsection (d) of this Section and included in an
17        existing or preliminary authority or public service
18        agency budget for attachment within one year of the
19        application. Fees for make-ready work, including any
20        authority utility pole replacement, shall not exceed
21        actual costs or the amount charged to communications
22        service providers for similar work and shall not
23        include any consultants' fees or expenses for
24        authority utility poles that do not support aerial
25        facilities used to provide communications services or
26        electric service. Make-ready work, including any pole

 

 

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1        replacement, shall be completed within 60 days of
2        written acceptance of the good-faith estimate by the
3        wireless provider, at its sole cost and expense.
4            (E) A wireless provider that has an existing
5        agreement with the authority on the effective date of
6        the Act may accept the rates, fees, and terms that an
7        authority makes available under this Act for the
8        collocation of small wireless facilities or the
9        installation of new utility poles for the collocation
10        of small wireless facilities that are the subject of
11        an application submitted 2 or more years after the
12        effective date of the Act as provided in this
13        paragraph (4) by notifying the authority that it opts
14        to accept such rates, fees, and terms. The existing
15        agreement remains in effect, subject to applicable
16        termination provisions, for the small wireless
17        facilities the wireless provider has collocated on the
18        authority's utility poles pursuant to applications
19        submitted to the authority before the wireless
20        provider provides such notice and exercises its option
21        under this subparagraph.
22    (j) An authority shall authorize the collocation of small
23wireless facilities on utility poles owned or controlled by
24the authority that are not located within rights-of-way to the
25same extent the authority currently permits access to utility
26poles for other commercial projects or uses. The collocations

 

 

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1shall be subject to reasonable and nondiscriminatory rates,
2fees, and terms as provided in an agreement between the
3authority and the wireless provider.
4    (k) Nothing in this Section precludes an authority from
5adopting reasonable rules with respect to the removal of
6abandoned small wireless facilities. A small wireless facility
7that is not operated for a continuous period of 12 months shall
8be considered abandoned and the owner of the facility must
9remove the small wireless facility within 90 days after
10receipt of written notice from the authority notifying the
11owner of the abandonment. The notice shall be sent by
12certified or registered mail, return receipt requested, by the
13authority to the owner at the last known address of the owner.
14If the small wireless facility is not removed within 90 days of
15such notice, the authority may remove or cause the removal of
16the such facility pursuant to the terms of its pole attachment
17agreement for authority utility poles or through whatever
18actions are provided for abatement of nuisances or by other
19law for removal and cost recovery. An authority may require a
20wireless provider to provide written notice to the authority
21if it sells or transfers small wireless facilities subject to
22this Act within the jurisdictional boundary of the authority.
23Such notice shall include the name and contact information of
24the new wireless provider.
25    (l) Nothing in this Section requires an authority to
26install or maintain any specific utility pole or to continue

 

 

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1to install or maintain utility poles in any location if the
2authority makes a non-discriminatory decision to eliminate
3above-ground utility poles of a particular type generally,
4such as electric utility poles, in all or a significant
5portion of its geographic jurisdiction. For authority utility
6poles with collocated small wireless facilities in place when
7an authority makes a decision to eliminate above-ground
8utility poles of a particular type generally, the authority
9shall either (i) continue to maintain the authority utility
10pole or install and maintain a reasonable alternative utility
11pole or wireless support structure for the collocation of the
12small wireless facility, or (ii) offer to sell the utility
13pole to the wireless provider at a reasonable cost or allow the
14wireless provider to install its own utility pole so it can
15maintain service from that location.
16(Source: P.A. 100-585, eff. 6-1-18.)
 
17    (50 ILCS 840/90 rep.)
18    Section 10. The Small Wireless Facilities Deployment Act
19is amended by repealing Section 90.
 
20    Section 15. The Illinois Municipal Code is amended by
21adding Section 11-80-24 as follows:
 
22    (65 ILCS 5/11-80-24 new)
23    Sec. 11-80-24. Collocation of small wireless facilities.

 

 

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1    (a) A municipality may require that a small wireless
2facility be collocated on any existing utility pole within its
3public rights-of-way under paragraph (3) of subsection (d) of
4Section 15 of the Small Wireless Facilities Deployment Act and
5the entity owning the utility pole shall provide access for
6that purpose.
7    (b) Any fee charged for the use of a utility pole under
8this Section shall be at the lowest rate charged by the entity
9owning the utility pole and shall not exceed the entity's
10actual costs.
 
11    Section 99. Effective date. Section 10 and this Section
12take effect upon becoming law.