Rep. Kelly M. Burke

Filed: 11/1/2017





10000SB1451ham002LRB100 09256 AWJ 30446 a


2    AMENDMENT NO. ______. Amend Senate Bill 1451 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Small
5Wireless Facilities Deployment Act.
6    Section 5. Legislative intent. Small wireless facilities
7are critical to delivering wireless access to advanced
8technology, broadband, and 9-1-1 services to homes,
9businesses, and schools in Illinois. Because of the integral
10role that the delivery of wireless technology plays in the
11economic vitality of the State of Illinois and in the lives of
12its citizens, the General Assembly has determined that a law
13addressing the deployment of wireless technology is of vital
14interest to the State. To ensure that public and private
15Illinois consumers continue to benefit from these services as
16soon as possible and to ensure that providers of wireless



10000SB1451ham002- 2 -LRB100 09256 AWJ 30446 a

1access have a fair and predictable process for the deployment
2of small wireless facilities in a manner consistent with the
3character of the area in which the small wireless facilities
4are deployed, the General Assembly is enacting this Act, which
5specifies how local authorities may regulate the collocation of
6small wireless facilities.
7    Section 7. Applicability. This Act does not apply to a
8municipality with a population of 1,000,000 or more.
9    Section 10. Definitions. As used in this Act:
10    "Antenna" means communications equipment that transmits or
11receives electromagnetic radio frequency signals used in the
12provision of wireless services.
13    "Applicable codes" means uniform building, fire,
14electrical, plumbing, or mechanical codes adopted by a
15recognized national code organization or local amendments to
16those codes, including the National Electric Safety Code.
17    "Applicant" means any person who submits an application and
18is a wireless provider.
19    "Application" means a request submitted by an applicant to
20an authority for a permit to collocate small wireless
21facilities, and a request that includes the installation of a
22new utility pole for such collocation, as well as any
23applicable fee for the review of such application.
24    "Authority" means a unit of local government that has



10000SB1451ham002- 3 -LRB100 09256 AWJ 30446 a

1jurisdiction and control for use of public rights-of-way as
2provided by the Illinois Highway Code for placements within
3public rights-of-way or has zoning or land use control for
4placements not within public rights-of-way.
5    "Authority utility pole" means a utility pole owned or
6operated by an authority in public rights-of-way.
7    "Collocate" or "collocation" means to install, mount,
8maintain, modify, operate, or replace wireless facilities on or
9adjacent to a wireless support structure or utility pole.
10    "Communications service" means cable service, as defined
11in 47 U.S.C. 522(6), as amended; information service, as
12defined in 47 U.S.C. 153(24), as amended; telecommunications
13service, as defined in 47 U.S.C. 153(53), as amended; mobile
14service, as defined in 47 U.S.C. 153(33), as amended; or
15wireless service other than mobile service.
16    "Communications service provider" means a cable operator,
17as defined in 47 U.S.C. 522(5), as amended; a provider of
18information service, as defined in 47 U.S.C. 153(24), as
19amended; a telecommunications carrier, as defined in 47 U.S.C.
20153(51), as amended; or a wireless provider.
21    "FCC" means the Federal Communications Commission of the
22United States.
23    "Fee" means a one-time charge.
24    "Historic district" or "historic landmark" means a
25building, property, or site, or group of buildings, properties,
26or sites that are either (i) listed in the National Register of



10000SB1451ham002- 4 -LRB100 09256 AWJ 30446 a

1Historic Places or formally determined eligible for listing by
2the Keeper of the National Register, the individual who has
3been delegated the authority by the federal agency to list
4properties and determine their eligibility for the National
5Register, in accordance with Section VI.D.1.a.i through
6Section VI.D.1.a.v of the Nationwide Programmatic Agreement
7codified at 47 CFR Part 1, Appendix C; or (ii) designated as a
8locally landmarked building, property, site, or historic
9district by an ordinance adopted by the authority pursuant to a
10preservation program that meets the requirements of the
11Certified Local Government Program of the Illinois State
12Historic Preservation Office or where such certification of the
13preservation program by the Illinois State Historic
14Preservation Office is pending.
15    "Law" means a federal or State statute, common law, code,
16rule, regulation, order, or local ordinance or resolution.
17    "Micro wireless facility" means a small wireless facility
18that is not larger in dimension than 24 inches in length, 15
19inches in width, and 12 inches in height and that has an
20exterior antenna, if any, no longer than 11 inches.
21    "Permit" means a written authorization required by an
22authority to perform an action or initiate, continue, or
23complete a project.
24    "Person" means an individual, corporation, limited
25liability company, partnership, association, trust, or other
26entity or organization, including an authority.



10000SB1451ham002- 5 -LRB100 09256 AWJ 30446 a

1    "Public safety agency" means the functional division of the
2federal government, the State, a unit of local government, or a
3special purpose district located in whole or in part within
4this State, that provides or has authority to provide
5firefighting, police, ambulance, medical, or other emergency
6services to respond to and manage emergency incidents.
7    "Rate" means a recurring charge.
8    "Right-of-way" means the area on, below, or above a public
9roadway, highway, street, public sidewalk, alley, or utility
10easement dedicated for compatible use. "Right-of-way" does not
11include authority-owned aerial lines.
12    "Small wireless facility" means a wireless facility that
13meets both of the following qualifications: (i) each antenna is
14located inside an enclosure of no more than 6 cubic feet in
15volume or, in the case of an antenna that has exposed elements,
16the antenna and all of its exposed elements could fit within an
17imaginary enclosure of no more than 6 cubic feet; and (ii) all
18other wireless equipment attached directly to a utility pole
19associated with the facility is cumulatively no more than 25
20cubic feet in volume. The following types of associated
21ancillary equipment are not included in the calculation of
22equipment volume: electric meter, concealment elements,
23telecommunications demarcation box, ground-based enclosures,
24grounding equipment, power transfer switch, cut-off switch,
25and vertical cable runs for the connection of power and other



10000SB1451ham002- 6 -LRB100 09256 AWJ 30446 a

1    "Utility pole" means a pole or similar structure that is
2used in whole or in part by a communications service provider
3or for electric distribution, lighting, traffic control, or a
4similar function.
5    "Wireless facility" means equipment at a fixed location
6that enables wireless communications between user equipment
7and a communications network, including: (i) equipment
8associated with wireless communications; and (ii) radio
9transceivers, antennas, coaxial or fiber-optic cable, regular
10and backup power supplies, and comparable equipment,
11regardless of technological configuration. "Wireless facility"
12includes small wireless facilities. "Wireless facility" does
13not include: (i) the structure or improvements on, under, or
14within which the equipment is collocated; or (ii) wireline
15backhaul facilities, coaxial or fiber optic cable that is
16between wireless support structures or utility poles or
17coaxial, or fiber optic cable that is otherwise not immediately
18adjacent to or directly associated with an antenna.
19    "Wireless infrastructure provider" means any person
20authorized to provide telecommunications service in the State
21that builds or installs wireless communication transmission
22equipment, wireless facilities, wireless support structures,
23or utility poles and that is not a wireless services provider
24but is acting as an agent or a contractor for a wireless
25services provider for the application submitted to the



10000SB1451ham002- 7 -LRB100 09256 AWJ 30446 a

1    "Wireless provider" means a wireless infrastructure
2provider or a wireless services provider.
3    "Wireless services" means any services provided to the
4general public, including a particular class of customers, and
5made available on a nondiscriminatory basis using licensed or
6unlicensed spectrum, whether at a fixed location or mobile,
7provided using wireless facilities.
8    "Wireless services provider" means a person who provides
9wireless services.
10    "Wireless support structure" means a freestanding
11structure, such as a monopole; tower, either guyed or
12self-supporting; billboard; or other existing or proposed
13structure designed to support or capable of supporting wireless
14facilities. "Wireless support structure" does not include a
15utility pole.
16    Section 15. Regulation of small wireless facilities.
17    (a) This Section applies to activities of a wireless
18provider within or outside rights-of-way.
19    (b) Except as provided in this Section, an authority may
20not prohibit, regulate, or charge for the collocation of small
21wireless facilities.
22    (c) Small wireless facilities shall be classified as
23permitted uses and subject to administrative review in
24conformance with this Act, except as provided in paragraph (5)
25of subsection (d) of this Section regarding height exceptions



10000SB1451ham002- 8 -LRB100 09256 AWJ 30446 a

1or variances, but not subject to zoning review or approval if
2they are collocated (i) in rights-of-way in any zone, or (ii)
3outside rights-of-way in property zoned exclusively for
4commercial or industrial use.
5    (d) An authority may require an applicant to obtain one or
6more permits to collocate a small wireless facility. An
7authority shall receive applications for, process, and issue
8permits subject to the following requirements:
9        (1) An authority may not directly or indirectly require
10    an applicant to perform services unrelated to the
11    collocation for which approval is sought, such as in-kind
12    contributions to the authority, including reserving fiber,
13    conduit, or utility pole space for the authority on the
14    wireless provider's utility pole. An authority may reserve
15    space on authority utility poles for future public safety
16    uses or for the authority's electric utility uses, but a
17    reservation of space may not preclude the collocation of a
18    small wireless facility unless the authority reasonably
19    determines that the authority utility pole cannot
20    accommodate both uses.
21        (2) An applicant shall not be required to provide more
22    information to obtain a permit than the authority requires
23    of a communications service provider that is not a wireless
24    provider that requests to attach facilities to a structure;
25    however, a wireless provider may be required to provide the
26    following information when seeking a permit to collocate



10000SB1451ham002- 9 -LRB100 09256 AWJ 30446 a

1    small wireless facilities on a utility pole or wireless
2    support structure:
3            (A) site specific structural integrity and, for an
4        authority utility pole, make-ready analysis prepared
5        by a structural engineer, as that term is defined in
6        Section 4 of the Structural Engineering Practice Act of
7        1989;
8            (B) the location where each proposed small
9        wireless facility or utility pole would be installed
10        and photographs of the location and its immediate
11        surroundings depicting the utility poles or structures
12        on which each proposed small wireless facility would be
13        mounted or location where utility poles or structures
14        would be installed;
15            (C) specifications and drawings prepared by a
16        structural engineer, as that term is defined in Section
17        4 of the Structural Engineering Practice Act of 1989,
18        for each proposed small wireless facility covered by
19        the application as it is proposed to be installed;
20            (D) the equipment type and model numbers for the
21        antennas and all other wireless equipment associated
22        with the small wireless facility;
23            (E) a proposed schedule for the installation and
24        completion of each small wireless facility covered by
25        the application, if approved; and
26            (F) certification that the collocation complies



10000SB1451ham002- 10 -LRB100 09256 AWJ 30446 a

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



10000SB1451ham002- 11 -LRB100 09256 AWJ 30446 a

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



10000SB1451ham002- 12 -LRB100 09256 AWJ 30446 a

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



10000SB1451ham002- 13 -LRB100 09256 AWJ 30446 a

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



10000SB1451ham002- 14 -LRB100 09256 AWJ 30446 a

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



10000SB1451ham002- 15 -LRB100 09256 AWJ 30446 a

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



10000SB1451ham002- 16 -LRB100 09256 AWJ 30446 a

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



10000SB1451ham002- 17 -LRB100 09256 AWJ 30446 a

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



10000SB1451ham002- 18 -LRB100 09256 AWJ 30446 a

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



10000SB1451ham002- 19 -LRB100 09256 AWJ 30446 a

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



10000SB1451ham002- 20 -LRB100 09256 AWJ 30446 a

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



10000SB1451ham002- 21 -LRB100 09256 AWJ 30446 a

1    de facto, the (i) filing, receiving, or processing
2    applications, or (ii) issuing of permits or other
3    approvals, if any, for the collocation of small wireless
4    facilities unless there has been a local, State, or federal
5    disaster declaration or similar emergency that causes the
6    delay.
7        (15) Applicants shall submit applications, supporting
8    information, and notices by personal delivery or as
9    otherwise required by the authority. An authority may
10    require that permits, supporting information, and notices
11    be submitted by personal delivery at the authority's
12    designated place of business, by regular mail postmarked on
13    the date due, or by any other commonly used means,
14    including electronic mail, as required by the authority.
15    (e) Application fees are subject to the following
17        (1) An authority may charge an application fee of up to
18    $650 for an application to collocate a single small
19    wireless facility on an existing utility pole or wireless
20    support structure and up to $350 for each small wireless
21    facility addressed in an application to collocate more than
22    one small wireless facility on existing utility poles or
23    wireless support structures.
24        (2) An authority may charge an application fee of
25    $1,000 for each small wireless facility addressed in an
26    application that includes the installation of a new utility



10000SB1451ham002- 22 -LRB100 09256 AWJ 30446 a

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



10000SB1451ham002- 23 -LRB100 09256 AWJ 30446 a

1    (g) Nothing in this Act authorizes a person to collocate
2small wireless facilities on: (1) property owned by a private
3party or property owned or controlled by a unit of local
4government that is not located within rights-of-way, subject to
5subsection (j) of this Section, or a privately owned utility
6pole or wireless support structure without the consent of the
7property owner; (2) property owned, leased, or controlled by a
8park district, forest preserve district, or conservation
9district for public park, recreation, or conservation purposes
10without the consent of the affected district, excluding the
11placement of facilities on rights-of-way located in an affected
12district that are under the jurisdiction and control of a
13different unit of local government as provided by the Illinois
14Highway Code; or (3) property owned by a rail carrier
15registered under Section 18c-7201 of the Illinois Vehicle Code,
16Metra Commuter Rail or any other public commuter rail service,
17or an electric utility as defined in Section 16-102 of the
18Public Utilities Act, without the consent of the rail carrier,
19public commuter rail service, or electric utility. The
20provisions of this Act do not apply to an electric or gas
21public utility or such utility's wireless facilities if the
22facilities are being used, developed, and maintained
23consistent with the provisions of subsection (i) of Section
2416-108.5 of the Public Utilities Act.
25    For the purposes of this subsection, "public utility" has
26the meaning given to that term in Section 3-105 of the Public



10000SB1451ham002- 24 -LRB100 09256 AWJ 30446 a

1Utilities Act. Nothing in this Act shall be construed to
2relieve any person from any requirement (1) to obtain a
3franchise or a State-issued authorization to offer cable
4service or video service or (2) to obtain any required
5permission to install, place, maintain, or operate
6communications facilities, other than small wireless
7facilities subject to this Act.
8    (h) Agreements between authorities and wireless providers
9that relate to the collocation of small wireless facilities in
10the right-of-way, including the collocation of small wireless
11facilities on authority utility poles, that are in effect on
12the effective date of this Act remain in effect for all small
13wireless facilities collocated on the authority's utility
14poles pursuant to applications submitted to the authority
15before the effective date of this Act, subject to applicable
16termination provisions. Such agreements entered into after the
17effective date of the Act shall comply with the Act.
18    (i) An authority shall allow the collocation of small
19wireless facilities on authority utility poles subject to the
21        (1) An authority may not enter into an exclusive
22    arrangement with any person for the right to attach small
23    wireless facilities to authority utility poles.
24        (2) The rates and fees for collocations on authority
25    utility poles shall be nondiscriminatory regardless of the
26    services provided by the collocating person.



10000SB1451ham002- 25 -LRB100 09256 AWJ 30446 a

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



10000SB1451ham002- 26 -LRB100 09256 AWJ 30446 a

1    rates, fees, and terms for the collocation of small
2    wireless facilities on authority utility poles that comply
3    with this Act and with subparagraphs (A) through (E) of
4    this paragraph (4). In the absence of such an ordinance or
5    agreement that complies with this Act, and until such a
6    compliant ordinance or agreement is adopted, wireless
7    providers may collocate small wireless facilities and
8    install utility poles under the requirements of this Act.
9            (A) The rates, fees, and terms must be
10        nondiscriminatory, competitively neutral, and
11        commercially reasonable, and may address, among other
12        requirements, the requirements in subparagraphs (A)
13        through (I) of paragraph (6) of subsection (d) of this
14        Section; subsections (e), (i), and (k) of this Section;
15        Section 30; and Section 35, and must comply with this
16        Act.
17            (B) For authority utility poles that support
18        aerial facilities used to provide communications
19        services or electric service, wireless providers shall
20        comply with the process for make-ready work under 47
21        U.S.C. 224 and its implementing regulations, and the
22        authority shall follow a substantially similar process
23        for make-ready work except to the extent that the
24        timing requirements are otherwise addressed in this
25        Act. The good-faith estimate of the person owning or
26        controlling the authority utility pole for any



10000SB1451ham002- 27 -LRB100 09256 AWJ 30446 a

1        make-ready work necessary to enable the pole to support
2        the requested collocation shall include authority
3        utility pole replacement, if necessary.
4            (C) For authority utility poles that do not support
5        aerial facilities used to provide communications
6        services or electric service, the authority shall
7        provide a good-faith estimate for any make-ready work
8        necessary to enable the authority utility pole to
9        support the requested collocation, including pole
10        replacement, if necessary, within 90 days after
11        receipt of a complete application. Make-ready work,
12        including any authority utility pole replacement,
13        shall be completed within 60 days of written acceptance
14        of the good-faith estimate by the applicant at the
15        wireless provider's sole cost and expense.
16        Alternatively, if the authority determines that
17        applicable codes or public safety regulations require
18        the authority utility pole to be replaced to support
19        the requested collocation, the authority may require
20        the wireless provider to replace the authority utility
21        pole at the wireless provider's sole cost and expense.
22            (D) The authority shall not require more
23        make-ready work than required to meet applicable codes
24        or industry standards. Make-ready work may include
25        work needed to accommodate additional public safety
26        communications needs that are identified in a



10000SB1451ham002- 28 -LRB100 09256 AWJ 30446 a

1        documented and approved plan for the deployment of
2        public safety equipment as specified in paragraph (1)
3        of subsection (d) of this Section and included in an
4        existing or preliminary authority or public service
5        agency budget for attachment within one year of the
6        application. Fees for make-ready work, including any
7        authority utility pole replacement, shall not exceed
8        actual costs or the amount charged to communications
9        service providers for similar work and shall not
10        include any consultants' fees or expenses for
11        authority utility poles that do not support aerial
12        facilities used to provide communications services or
13        electric service. Make-ready work, including any pole
14        replacement, shall be completed within 60 days of
15        written acceptance of the good-faith estimate by the
16        wireless provider, at its sole cost and expense.
17            (E) A wireless provider that has an existing
18        agreement with the authority on the effective date of
19        the Act may accept the rates, fees, and terms that an
20        authority makes available under this Act for the
21        collocation of small wireless facilities or the
22        installation of new utility poles for the collocation
23        of small wireless facilities that are the subject of an
24        application submitted 2 or more years after the
25        effective date of the Act as provided in this paragraph
26        (4) by notifying the authority that it opts to accept



10000SB1451ham002- 29 -LRB100 09256 AWJ 30446 a

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



10000SB1451ham002- 30 -LRB100 09256 AWJ 30446 a

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



10000SB1451ham002- 31 -LRB100 09256 AWJ 30446 a

1provider to install its own utility pole so it can maintain
2service from that location.
3    Section 20. Local authority. Subject to this Act and
4applicable federal law, an authority may continue to exercise
5zoning, land use, planning, and permitting authority within its
6territorial boundaries, including with respect to wireless
7support structures and utility poles; except that no authority
8shall have or exercise any jurisdiction or authority over the
9design, engineering, construction, installation, or operation
10of any small wireless facility located in an interior structure
11or upon the site of any campus, stadium, or athletic facility
12not otherwise owned or controlled by the authority, other than
13to comply with applicable codes and local code provisions
14concerning public safety. Nothing in this Act authorizes the
15State or any political subdivision, including an authority, to
16require wireless facility deployment or to regulate wireless
18    Section 25. Dispute resolution. A circuit court has
19jurisdiction to resolve all disputes arising under this Act.
20Pending resolution of a dispute concerning rates for
21collocation of small wireless facilities on authority utility
22poles within the right-of-way, the authority shall allow the
23collocating person to collocate on its poles at annual rates of
24no more than $200 per year per authority utility pole, with



10000SB1451ham002- 32 -LRB100 09256 AWJ 30446 a

1rates to be determined upon final resolution of the dispute.
2    Section 30. Indemnification. A wireless provider shall
3indemnify and hold an authority harmless against any and all
4liability or loss from personal injury or property damage
5resulting from or arising out of, in whole or in part, the use
6or occupancy of the authority improvements or right-of-way
7associated with such improvements by the wireless provider or
8its employees, agents, or contractors arising out of the rights
9and privileges granted under this Act. A wireless provider has
10no obligation to indemnify or hold harmless against any
11liabilities and losses as may be due to or caused by the sole
12negligence of the authority or its employees or agents. A
13wireless provider shall further waive any claims that they may
14have against an authority with respect to consequential,
15incidental, or special damages, however caused, based on the
16theory of liability.
17    Section 35. Insurance.
18    (a) Except for a wireless provider with an existing
19franchise to occupy and operate in the rights-of-way, during
20the period in which the wireless provider's facilities are
21located on the authority improvements or rights-of-way, the
22authority may require the wireless provider to carry, at the
23wireless provider's own cost and expense, the following
24insurance: (i) property insurance for its property's



10000SB1451ham002- 33 -LRB100 09256 AWJ 30446 a

1replacement cost against all risks; (ii) workers' compensation
2insurance, as required by law; or (iii) commercial general
3liability insurance with respect to its activities on the
4authority improvements or rights-of-way to afford minimum
5protection limits consistent with its requirements of other
6users of authority improvements or rights-of-way, including
7coverage for bodily injury and property damage. An authority
8may require a wireless provider to include the authority as an
9additional insured on the commercial general liability policy
10and provide certification and documentation of inclusion of the
11authority in a commercial general liability policy as
12reasonably required by the authority.
13    (b) A wireless provider may self-insure all or a portion of
14the insurance coverage and limit requirements required by an
15authority. A wireless provider that self-insures is not
16required, to the extent of the self-insurance, to comply with
17the requirement for the naming of additional insureds under
18this Section. A wireless provider that elects to self-insure
19shall provide to the authority evidence sufficient to
20demonstrate its financial ability to self-insure the insurance
21coverage and limits required by the authority.
22    Section 40. Home rule. A home rule unit may not regulate
23small wireless facilities in a manner inconsistent with this
24Act. This Section is a limitation under subsection (i) of
25Section 6 of Article VII of the Illinois Constitution on the



10000SB1451ham002- 34 -LRB100 09256 AWJ 30446 a

1concurrent exercise by home rule units of powers and functions
2exercised by the State.
3    Section 90. Repeal. This Act is repealed on June 1, 2021.
4    Section 100. The Counties Code is amended by changing
5Section 5-12001.2 as follows:
6    (55 ILCS 5/5-12001.2)
7    Sec. 5-12001.2. Regulation of telecommunications
8facilities; Lake County pilot project. In addition to any other
9requirements under this Division concerning the regulation of
10telecommunications facilities and except as provided by the
11Small Wireless Facilities Deployment Act, the following
12applies to any new telecommunications facilities in Lake County
13that are not AM telecommunications towers or facilities:
14        (a) For every new wireless telecommunications facility
15    requiring a new tower structure, a telecommunications
16    carrier shall provide the county with documentation
17    consisting of the proposed location, a site plan, and an
18    elevation that sufficiently describes a proposed wireless
19    facility location.
20        (b) The county shall have 7 days to review the facility
21    proposal and contact the telecommunications carrier in
22    writing via e-mail or other written means as specified by
23    the telecommunications carrier. This written communication



10000SB1451ham002- 35 -LRB100 09256 AWJ 30446 a

1    shall either approve the proposed location or request a
2    meeting to review other possible alternative locations. If
3    requested, the meeting shall take place within 7 days after
4    the date of the written communication.
5        (c) At the meeting, the telecommunications carrier
6    shall provide the county documentation consisting of radio
7    frequency engineering criteria and a corresponding
8    telecommunications facility search ring map, together with
9    documentation of the carrier's efforts to site the proposed
10    facility within the telecommunications facility search
11    ring.
12        (d) Within 21 days after receipt of the carrier's
13    documentation, the county shall propose either an
14    alternative site within the telecommunications facility
15    search ring, or an alternative site outside of the
16    telecommunications search ring that meets the radio
17    frequency engineering criteria provided by the
18    telecommunications carrier and that will not materially
19    increase the construction budget beyond what was estimated
20    on the original carrier proposed site.
21        (e) If the county's proposed alternative site meets the
22    radio frequency engineering criteria provided by the
23    telecommunications carrier, and will not materially
24    increase the construction budget beyond what was estimated
25    on the original carrier proposed site, then the
26    telecommunications carrier shall agree to build the



10000SB1451ham002- 36 -LRB100 09256 AWJ 30446 a

1    facility at the alternative location, subject to the
2    negotiation of a lease with commercially reasonable terms
3    and the obtainment of the customary building permits.
4        (f) If the telecommunications carrier can demonstrate
5    that: (i) the county's proposed alternative site does not
6    meet the radio frequency engineering criteria, (ii) the
7    county's proposed alternative site will materially
8    increase the construction budget beyond what was estimated
9    on the original carrier proposed site, (iii) the county has
10    failed to provide an alternative site, or (iv) after a
11    period of 90 days after receipt of the alternative site,
12    the telecommunications carrier has failed, after acting in
13    good faith and with due diligence, to obtain a lease or, at
14    a minimum, a letter of intent to lease the alternative site
15    at lease rates not materially greater than the lease rate
16    for the original proposed site; then the carrier can
17    proceed to permit and construct the site under the
18    provisions and standards of Section 5-12001.1 of this Code.
19(Source: P.A. 98-197, eff. 8-9-13; 98-756, eff. 7-16-14.)".