Illinois General Assembly - Full Text of HB2562
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Full Text of HB2562  102nd General Assembly

HB2562 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2562

 

Introduced 2/19/2021, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
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.


LRB102 14489 AWJ 19842 b

 

 

A BILL FOR

 

HB2562LRB102 14489 AWJ 19842 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
6follows:
 
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

 

 

HB2562- 2 -LRB102 14489 AWJ 19842 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
5    require 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
19    wireless provider that requests to attach facilities to a
20    structure; however, a wireless provider may be required to
21    provide the following information when seeking a permit to
22    collocate small wireless facilities on a utility pole or
23    wireless 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

 

 

HB2562- 3 -LRB102 14489 AWJ 19842 b

1        Section 4 of the Structural Engineering Practice Act
2        of 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
8        be mounted or location where utility poles or
9        structures would be installed;
10            (C) specifications and drawings prepared by a
11        structural engineer, as that term is defined in
12        Section 4 of the Structural Engineering Practice Act
13        of 1989, for each proposed small wireless facility
14        covered by the application as it is proposed to be
15        installed;
16            (D) the equipment type and model numbers for the
17        antennas and all other wireless equipment associated
18        with the small wireless facility;
19            (E) a proposed schedule for the installation and
20        completion of each small wireless facility covered by
21        the application, if approved; and
22            (F) certification that the collocation complies
23        with paragraph (6) to the best of the applicant's
24        knowledge; .
25            (G) a written affidavit signed by a radio
26        frequency engineer certifying: (i) the small wireless

 

 

HB2562- 4 -LRB102 14489 AWJ 19842 b

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

 

 

HB2562- 5 -LRB102 14489 AWJ 19842 b

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

 

 

HB2562- 6 -LRB102 14489 AWJ 19842 b

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

 

 

HB2562- 7 -LRB102 14489 AWJ 19842 b

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

 

 

HB2562- 8 -LRB102 14489 AWJ 19842 b

1    limitation for such facility; or (ii) 45 feet above ground
2    level.
3        (6) An authority may require that:
4            (A) the wireless provider's operation of the small
5        wireless facilities does not interfere with the
6        frequencies used by a public safety agency for public
7        safety communications; a wireless provider shall
8        install small wireless facilities of the type and
9        frequency that will not cause unacceptable
10        interference with a public safety agency's
11        communications equipment; unacceptable interference
12        will be determined by and measured in accordance with
13        industry standards and the FCC's regulations
14        addressing unacceptable interference to public safety
15        spectrum or any other spectrum licensed by a public
16        safety agency; if a small wireless facility causes
17        such interference, and the wireless provider has been
18        given written notice of the interference by the public
19        safety agency, the wireless provider, at its own
20        expense, shall take all reasonable steps necessary to
21        correct and eliminate the interference, including, but
22        not limited to, powering down the small wireless
23        facility and later powering up the small wireless
24        facility for intermittent testing, if necessary; the
25        authority may terminate a permit for a small wireless
26        facility based on such interference if the wireless

 

 

HB2562- 9 -LRB102 14489 AWJ 19842 b

1        provider is not making a good faith effort to remedy
2        the problem in a manner consistent with the abatement
3        and resolution procedures for interference with public
4        safety spectrum established by the FCC including 47
5        CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672
6        through 47 CFR 90.675;
7            (B) the wireless provider comply with requirements
8        that are imposed by a contract between an authority
9        and a private property owner that concern design or
10        construction standards applicable to utility poles and
11        ground-mounted equipment located in the right-of-way;
12            (C) the wireless provider comply with applicable
13        spacing requirements in applicable codes and
14        ordinances concerning the location of ground-mounted
15        equipment located in the right-of-way if the
16        requirements include a waiver, zoning, or other
17        process that addresses wireless provider requests for
18        exception or variance and do not prohibit granting of
19        such exceptions or variances;
20            (D) the wireless provider comply with local code
21        provisions or regulations concerning undergrounding
22        requirements that prohibit the installation of new or
23        the modification of existing utility poles in a
24        right-of-way without prior approval if the
25        requirements include a waiver, zoning, or other
26        process that addresses requests to install such new

 

 

HB2562- 10 -LRB102 14489 AWJ 19842 b

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

 

 

HB2562- 11 -LRB102 14489 AWJ 19842 b

1        purposes of this subparagraph (F), the terms
2        "communications space", "communication worker safety
3        zone", and "electric supply zone" have the meanings
4        given to those terms in the National Electric Safety
5        Code as published by the Institute of Electrical and
6        Electronics Engineers;
7            (G) the wireless provider comply with the
8        applicable codes and local code provisions or
9        regulations that concern public safety;
10            (H) the wireless provider comply with written
11        design standards that are generally applicable for
12        decorative utility poles, or reasonable stealth,
13        concealment, and aesthetic requirements that are
14        identified by the authority in an ordinance, written
15        policy adopted by the governing board of the
16        authority, a comprehensive plan, or other written
17        design plan that applies to other occupiers of the
18        rights-of-way, including on a historic landmark or in
19        a historic district; and
20            (I) subject to subsection (c) of this Section, and
21        except for facilities excluded from evaluation for
22        effects on historic properties under 47 CFR
23        1.1307(a)(4), reasonable, technically feasible and
24        non-discriminatory design or concealment measures in a
25        historic district or historic landmark; any such
26        design or concealment measures, including restrictions

 

 

HB2562- 12 -LRB102 14489 AWJ 19842 b

1        on a specific category of poles, may not have the
2        effect of prohibiting any provider's technology; such
3        design and concealment measures shall not be
4        considered a part of the small wireless facility for
5        purposes of the size restrictions of a small wireless
6        facility; this paragraph may not be construed to limit
7        an authority's enforcement of historic preservation in
8        conformance with the requirements adopted pursuant to
9        the Illinois State Agency Historic Resources
10        Preservation Act or the National Historic Preservation
11        Act of 1966, 54 U.S.C. Section 300101 et seq., and the
12        regulations adopted to implement those laws.
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

 

 

HB2562- 13 -LRB102 14489 AWJ 19842 b

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

 

 

HB2562- 14 -LRB102 14489 AWJ 19842 b

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

 

 

HB2562- 15 -LRB102 14489 AWJ 19842 b

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

 

 

HB2562- 16 -LRB102 14489 AWJ 19842 b

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

 

 

HB2562- 17 -LRB102 14489 AWJ 19842 b

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

 

 

HB2562- 18 -LRB102 14489 AWJ 19842 b

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

 

 

HB2562- 19 -LRB102 14489 AWJ 19842 b

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. Wireless facilities
11that vary significantly in design, increase power output,
12frequency, bandwidth, or performance, change the location of
13the small wireless facility upon the utility pole or wireless
14support structure, increase signal strength, or make other
15modifications in other key components are not substantially
16similar and are subject to standard application processes,
17permitting requirements, and fees.
18    (g) Nothing in this Act authorizes a person to collocate
19small wireless facilities on: (1) property owned by a private
20party or property owned or controlled by a unit of local
21government that is not located within rights-of-way, subject
22to subsection (j) of this Section, or a privately owned
23utility pole or wireless support structure without the consent
24of the property owner; (2) property owned, leased, or
25controlled by a park district, forest preserve district, or
26conservation district for public park, recreation, or

 

 

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1conservation purposes without the consent of the affected
2district, excluding the placement of facilities on
3rights-of-way located in an affected district that are under
4the jurisdiction and control of a different unit of local
5government as provided by the Illinois Highway Code; or (3)
6property owned by a rail carrier registered under Section
718c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or
8any other public commuter rail service, or an electric utility
9as defined in Section 16-102 of the Public Utilities Act,
10without the consent of the rail carrier, public commuter rail
11service, or electric utility. The provisions of this Act do
12not apply to an electric or gas public utility or such
13utility's wireless facilities if the facilities are being
14used, developed, and maintained consistent with the provisions
15of subsection (i) of Section 16-108.5 of the Public Utilities
16Act.
17    For the purposes of this subsection, "public utility" has
18the meaning given to that term in Section 3-105 of the Public
19Utilities Act. Nothing in this Act shall be construed to
20relieve any person from any requirement (1) to obtain a
21franchise or a State-issued authorization to offer cable
22service or video service or (2) to obtain any required
23permission to install, place, maintain, or operate
24communications facilities, other than small wireless
25facilities subject to this Act.
26    (h) Agreements between authorities and wireless providers

 

 

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

 

 

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

 

 

HB2562- 23 -LRB102 14489 AWJ 19842 b

1    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
8        Section; Section 30; and Section 35, and must comply
9        with this 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
21        support the requested collocation shall include
22        authority utility pole replacement, if necessary.
23            (C) For authority utility poles that do not
24        support aerial facilities used to provide
25        communications services or electric service, the
26        authority shall provide a good-faith estimate for any

 

 

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

 

 

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

 

 

HB2562- 26 -LRB102 14489 AWJ 19842 b

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

 

 

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

 

 

HB2562- 28 -LRB102 14489 AWJ 19842 b

1small wireless facility, or (ii) offer to sell the utility
2pole to the wireless provider at a reasonable cost or allow the
3wireless provider to install its own utility pole so it can
4maintain service from that location.
5    (m) Nothing in this Section precludes an authority from
6adopting reasonable rules requiring providers, where feasible,
7as new technology becomes available, and after receiving all
8necessary permits and approvals required by the authority, to:
9        (1) Place above-ground small wireless facilities and
10    associated equipment, including accessory equipment that
11    has been mounted to a utility pole or wireless support
12    structure, below ground, at the wireless provider's sole
13    cost and expense.
14        (2) When replacing larger, more visually intrusive
15    small wireless facilities with smaller, less visually
16    intrusive facilities, to replace them with facilities with
17    the smallest visual profile, to the extent such facilities
18    are commercially available, technologically compatible
19    with the wireless provider's local network system, and
20    already used in the wireless provider's national or
21    regional wireless network system.
22(Source: P.A. 100-585, eff. 6-1-18.)
 
23    (50 ILCS 840/45 new)
24    Sec. 45. Radio frequency compliance. Wireless providers
25shall comply with the most stringent of the applicable FCC's

 

 

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1radio frequency emissions standards at all times and at all
2locations. All radio frequency compliance testing shall
3specify the height and location at which the readings were
4taken and, to the extent possible, the distance in feet
5between the reading location and the source of radio frequency
6emissions. If an area is deemed to be an area in which the
7FCC's general population limits would not apply, its
8boundaries must be clearly marked and posted with signs, at
9the wireless provider's expense, stating "Warning Potential
10Unsafe Radiation Area" prior to the installation or
11modification of the source. No provider or person shall cause,
12allow, or contribute to a violation of the applicable radio
13frequency emission standards which standards shall be met on
14an aggregate basis. All providers and persons responsible
15shall be jointly and severally liable for any violations to
16which their emissions have contributed. Compliance with the
17FCC radio frequency limit shall not be deemed to be compliance
18with any other applicable standard, including any prohibition
19against causing a public or private nuisance.Wireless
20providers may be required by an ordinance of an authority to
21perform on-going monitoring of small wireless facilities to
22ensure all equipment continues to operate within allowable FCC
23radio frequency emission ranges and to provide, on either a
24quarterly or annual basis, as determined by an authority, a
25certification with supporting information confirming whether
26all of the wireless provider's small wireless facilities

 

 

HB2562- 30 -LRB102 14489 AWJ 19842 b

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

 

 

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1adjusted, repaired, replaced, shut off, or removed by the
2wireless provider within 3 calendar days of the provider
3becoming aware of the violation. Small wireless facilities
4that exceed the FCC's radio frequency emissions standards are
5declared a public nuisance and may be summarily abated by an
6authority. Failure by a wireless provider to cure a violation
7of the FCC radio frequency emission standards within 3
8calendar days may result in a revocation of the applicable
9small wireless facility permit and a citation for maintaining
10a public nuisance with a fine in the amount of $750, with each
11day of continued operation without cure being a separate
12violation. If an authority determines through its own testing
13that a small wireless facility is not in compliance with any
14legal requirements or conditions related to radio frequency,
15the wireless provider shall, in addition to the other
16requirements of this Section, be responsible for all costs and
17expenses incurred by the authority in connection with the
18investigation, testing, enforcement, or remediation of such
19noncompliance.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.