Illinois General Assembly - Full Text of HB2564
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Full Text of HB2564  102nd General Assembly

HB2564 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2564

 

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 13350 AWJ 18694 b

 

 

A BILL FOR

 

HB2564LRB102 13350 AWJ 18694 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

 

 

HB2564- 2 -LRB102 13350 AWJ 18694 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

 

 

HB2564- 3 -LRB102 13350 AWJ 18694 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

 

 

HB2564- 4 -LRB102 13350 AWJ 18694 b

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

 

 

HB2564- 5 -LRB102 13350 AWJ 18694 b

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

 

 

HB2564- 6 -LRB102 13350 AWJ 18694 b

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

 

 

HB2564- 7 -LRB102 13350 AWJ 18694 b

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

 

 

HB2564- 8 -LRB102 13350 AWJ 18694 b

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

 

 

HB2564- 9 -LRB102 13350 AWJ 18694 b

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

 

 

HB2564- 10 -LRB102 13350 AWJ 18694 b

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

 

 

HB2564- 11 -LRB102 13350 AWJ 18694 b

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

 

 

HB2564- 12 -LRB102 13350 AWJ 18694 b

1        considered a part of the small wireless facility for
2        purposes of the size restrictions of a small wireless
3        facility; this paragraph may not be construed to limit
4        an authority's enforcement of historic preservation in
5        conformance with the requirements adopted pursuant to
6        the Illinois State Agency Historic Resources
7        Preservation Act or the National Historic Preservation
8        Act of 1966, 54 U.S.C. Section 300101 et seq., and the
9        regulations adopted to implement those laws.
10        (7) Within 30 days after receiving an application, an
11    authority must determine whether the application is
12    complete and notify the applicant. If an application is
13    incomplete, an authority must specifically identify the
14    missing information. An application shall be deemed
15    complete if the authority fails to provide notification to
16    the applicant within 30 days after when all documents,
17    information, and fees specifically enumerated in the
18    authority's permit application form are submitted by the
19    applicant to the authority. Processing deadlines are
20    tolled from the time the authority sends the notice of
21    incompleteness to the time the applicant provides the
22    missing information.
23        (8) An authority shall process applications as
24    follows:
25            (A) an application to collocate a small wireless
26        facility on an existing utility pole or wireless

 

 

HB2564- 13 -LRB102 13350 AWJ 18694 b

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

 

 

HB2564- 14 -LRB102 13350 AWJ 18694 b

1        completed application; the permit shall be deemed
2        approved on the latter of the 120th day after
3        submission of the complete application or the 10th day
4        after the receipt of the deemed approved notice by the
5        authority; the receipt of the deemed approved notice
6        shall not preclude the authority's denial of the
7        permit request within the time limits as provided
8        under this Act.
9        (9) An authority shall approve an application unless
10    the application does not meet the requirements of this
11    Act. If an authority determines that applicable codes,
12    local code provisions or regulations that concern public
13    safety, or the requirements of paragraph (6) require that
14    the utility pole or wireless support structure be replaced
15    before the requested collocation, approval may be
16    conditioned on the replacement of the utility pole or
17    wireless support structure at the cost of the provider.
18    The authority must document the basis for a denial,
19    including the specific code provisions or application
20    conditions on which the denial was based, and send the
21    documentation to the applicant on or before the day the
22    authority denies an application. The applicant may cure
23    the deficiencies identified by the authority and resubmit
24    the revised application once within 30 days after notice
25    of denial is sent to the applicant without paying an
26    additional application fee. The authority shall approve or

 

 

HB2564- 15 -LRB102 13350 AWJ 18694 b

1    deny the revised application within 30 days after the
2    applicant resubmits the application or it is deemed
3    approved; however, the applicant must notify the authority
4    in writing of its intention to proceed with the permitted
5    activity on a deemed approved basis, which may be
6    submitted with the resubmitted application. Any subsequent
7    review shall be limited to the deficiencies cited in the
8    denial. However, this revised application cure does not
9    apply if the cure requires the review of a new location,
10    new or different structure to be collocated upon, new
11    antennas, or other wireless equipment associated with the
12    small wireless facility.
13        (10) The time period for applications may be further
14    tolled by:
15            (A) the express agreement in writing by both the
16        applicant and the authority; or
17            (B) a local, State, or federal disaster
18        declaration or similar emergency that causes the
19        delay.
20        (11) An applicant seeking to collocate small wireless
21    facilities within the jurisdiction of a single authority
22    shall be allowed, at the applicant's discretion, to file a
23    consolidated application and receive a single permit for
24    the collocation of up to 25 small wireless facilities if
25    the collocations each involve substantially the same type
26    of small wireless facility and substantially the same type

 

 

HB2564- 16 -LRB102 13350 AWJ 18694 b

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

 

 

HB2564- 17 -LRB102 13350 AWJ 18694 b

1    local code provisions or regulations in paragraphs (6) and
2    (9). If this Act is repealed as provided in Section 90,
3    renewals of permits shall be subject to the applicable
4    authority code provisions or regulations in effect at the
5    time of renewal.
6        (14) An authority may not prohibit, either expressly
7    or de facto, the (i) filing, receiving, or processing
8    applications, or (ii) issuing of permits or other
9    approvals, if any, for the collocation of small wireless
10    facilities unless there has been a local, State, or
11    federal disaster declaration or similar emergency that
12    causes the delay.
13        (15) Applicants shall submit applications, supporting
14    information, and notices by personal delivery or as
15    otherwise required by the authority. An authority may
16    require that permits, supporting information, and notices
17    be submitted by personal delivery at the authority's
18    designated place of business, by regular mail postmarked
19    on the date due, or by any other commonly used means,
20    including electronic mail, as required by the authority.
21    (e) Application fees are subject to the following
22requirements:
23        (1) An authority may charge an application fee of up
24    to $650 for an application to collocate a single small
25    wireless facility on an existing utility pole or wireless
26    support structure and up to $350 for each small wireless

 

 

HB2564- 18 -LRB102 13350 AWJ 18694 b

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

 

 

HB2564- 19 -LRB102 13350 AWJ 18694 b

1subsection (d) of this Section; or (iii) the installation,
2placement, maintenance, operation, or replacement of micro
3wireless facilities that are suspended on cables that are
4strung between existing utility poles in compliance with
5applicable safety codes. However, an authority may require a
6permit to work within rights-of-way for activities that affect
7traffic patterns or require lane closures. Wireless facilities
8that vary significantly in design, increase power output,
9frequency, bandwidth, or performance, change the location of
10the small wireless facility upon the utility pole or wireless
11support structure, increase signal strength, or make other
12modifications in other key components are not substantially
13similar and are subject to standard application processes,
14permitting requirements, and fees.
15    (g) Nothing in this Act authorizes a person to collocate
16small wireless facilities on: (1) property owned by a private
17party or property owned or controlled by a unit of local
18government that is not located within rights-of-way, subject
19to subsection (j) of this Section, or a privately owned
20utility pole or wireless support structure without the consent
21of the property owner; (2) property owned, leased, or
22controlled by a park district, forest preserve district, or
23conservation district for public park, recreation, or
24conservation purposes without the consent of the affected
25district, excluding the placement of facilities on
26rights-of-way located in an affected district that are under

 

 

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1the jurisdiction and control of a different unit of local
2government as provided by the Illinois Highway Code; or (3)
3property owned by a rail carrier registered under Section
418c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or
5any other public commuter rail service, or an electric utility
6as defined in Section 16-102 of the Public Utilities Act,
7without the consent of the rail carrier, public commuter rail
8service, or electric utility. The provisions of this Act do
9not apply to an electric or gas public utility or such
10utility's wireless facilities if the facilities are being
11used, developed, and maintained consistent with the provisions
12of subsection (i) of Section 16-108.5 of the Public Utilities
13Act.
14    For the purposes of this subsection, "public utility" has
15the meaning given to that term in Section 3-105 of the Public
16Utilities Act. Nothing in this Act shall be construed to
17relieve any person from any requirement (1) to obtain a
18franchise or a State-issued authorization to offer cable
19service or video service or (2) to obtain any required
20permission to install, place, maintain, or operate
21communications facilities, other than small wireless
22facilities subject to this Act.
23    (h) Agreements between authorities and wireless providers
24that relate to the collocation of small wireless facilities in
25the right-of-way, including the collocation of small wireless
26facilities on authority utility poles, that are in effect on

 

 

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

 

 

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

 

 

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1        commercially reasonable, and may address, among other
2        requirements, the requirements in subparagraphs (A)
3        through (I) of paragraph (6) of subsection (d) of this
4        Section; subsections (e), (i), and (k) of this
5        Section; Section 30; and Section 35, and must comply
6        with this Act.
7            (B) For authority utility poles that support
8        aerial facilities used to provide communications
9        services or electric service, wireless providers shall
10        comply with the process for make-ready work under 47
11        U.S.C. 224 and its implementing regulations, and the
12        authority shall follow a substantially similar process
13        for make-ready work except to the extent that the
14        timing requirements are otherwise addressed in this
15        Act. The good-faith estimate of the person owning or
16        controlling the authority utility pole for any
17        make-ready work necessary to enable the pole to
18        support the requested collocation shall include
19        authority utility pole replacement, if necessary.
20            (C) For authority utility poles that do not
21        support aerial facilities used to provide
22        communications services or electric service, the
23        authority shall provide a good-faith estimate for any
24        make-ready work necessary to enable the authority
25        utility pole to support the requested collocation,
26        including pole replacement, if necessary, within 90

 

 

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

 

 

HB2564- 25 -LRB102 13350 AWJ 18694 b

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

 

 

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

 

 

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1removal of the such facility and associated structure or pole
2pursuant to the terms of its pole attachment agreement for
3authority utility poles or through whatever actions are
4provided for abatement of nuisances or by other law for
5removal and cost recovery. An authority may require a wireless
6provider to provide written notice to the authority if it
7sells or transfers small wireless facilities subject to this
8Act within the jurisdictional boundary of the authority. Such
9notice shall include the name and contact information of the
10new wireless provider.
11    (l) Nothing in this Section requires an authority to
12install or maintain any specific utility pole or to continue
13to install or maintain utility poles in any location if the
14authority makes a non-discriminatory decision to eliminate
15above-ground utility poles of a particular type generally,
16such as electric utility poles, in all or a significant
17portion of its geographic jurisdiction. For authority utility
18poles with collocated small wireless facilities in place when
19an authority makes a decision to eliminate above-ground
20utility poles of a particular type generally, the authority
21shall either (i) continue to maintain the authority utility
22pole or install and maintain a reasonable alternative utility
23pole or wireless support structure for the collocation of the
24small wireless facility, or (ii) offer to sell the utility
25pole to the wireless provider at a reasonable cost or allow the
26wireless provider to install its own utility pole so it can

 

 

HB2564- 28 -LRB102 13350 AWJ 18694 b

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

 

 

HB2564- 29 -LRB102 13350 AWJ 18694 b

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

 

 

HB2564- 30 -LRB102 13350 AWJ 18694 b

1the test. Any small wireless facility found not to comply with
2FCC radio frequency emission standards shall be immediately
3reported by the wireless provider to the FCC, with a copy of
4such report sent at the same time to the chief executive
5officer of the authority and shall be powered-down, adjusted,
6repaired, replaced, shut off, or removed by the wireless
7provider within 3 calendar days of the provider becoming aware
8of the violation. Small wireless facilities that exceed the
9FCC's radio frequency emissions standards are declared a
10public nuisance and may be summarily abated by an authority.
11Failure by a wireless provider to cure a violation of the FCC
12radio frequency emission standards within 3 calendar days may
13result in a revocation of the applicable small wireless
14facility permit and a citation for maintaining a public
15nuisance with a fine in the amount of $750, with each day of
16continued operation without cure being a separate violation.
17If an authority determines through its own testing that a
18small wireless facility is not in compliance with any legal
19requirements or conditions related to radio frequency, the
20wireless provider shall, in addition to the other requirements
21of this Section, be responsible for all costs and expenses
22incurred by the authority in connection with the
23investigation, testing, enforcement, or remediation of such
24noncompliance.
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.