Illinois General Assembly - Full Text of SB1451
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Full Text of SB1451  100th General Assembly


Sen. Terry Link

Filed: 5/10/2017





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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



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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 10. Definitions. As used in this Act:
8    "Antenna" means communications equipment that transmits or
9receives electromagnetic radio frequency signals used in the
10provision of wireless services.
11    "Applicable codes" means uniform building, fire,
12electrical, plumbing, or mechanical codes adopted by a
13recognized national code organization or local amendments to
14those codes, including the National Electric Safety Code.
15    "Applicant" means any person who submits an application and
16is a wireless provider.
17    "Application" means a request submitted by an applicant to
18an authority for a permit to collocate small wireless
19facilities as well as any applicable fee for the review of such
21    "Authority" means a unit of local government that has
22jurisdiction and control for use of public rights-of-way as
23provided by the Illinois Highway Code for placements within
24public rights-of-way or has zoning or land use control for
25placements not within public rights-of-way.



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1    "Authority utility pole" means a utility pole owned or
2operated by an authority in public rights-of-way.
3    "Collocate" or "collocation" means to install, mount,
4maintain, modify, operate, or replace wireless facilities on or
5adjacent to a wireless support structure or utility pole.
6    "Communications service" means cable service, as defined
7in 47 U.S.C. 522(6), as amended; information service, as
8defined in 47 U.S.C. 153(24), as amended; telecommunications
9service, as defined in 47 U.S.C. 153(53), as amended; mobile
10service, as defined in 47 U.S.C. 153(33), as amended; or
11wireless service other than mobile service.
12    "Communications service provider" means a cable operator,
13as defined in 47 U.S.C. 522(5), as amended; a provider of
14information service, as defined in 47 U.S.C. 153(24), as
15amended; a telecommunications carrier, as defined in 47 U.S.C.
16153(51), as amended; or a wireless provider.
17    "FCC" means the Federal Communications Commission of the
18United States.
19    "Fee" means a one-time charge.
20    "Law" means a federal or State statute, common law, code,
21rule, regulation, order, or local ordinance or resolution.
22    "Micro wireless facility" means a small wireless facility
23that is not larger in dimension than 24 inches in length, 15
24inches in width, and 12 inches in height and that has an
25exterior antenna, if any, no longer than 11 inches.
26    "Permit" means a written authorization required by an



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1authority to perform an action or initiate, continue, or
2complete a project.
3    "Person" means an individual, corporation, limited
4liability company, partnership, association, trust, or other
5entity or organization, including an authority.
6    "Rate" means a recurring charge.
7    "Right-of-way" means the area on, below, or above a public
8roadway, highway, street, public sidewalk, alley, or utility
9easement dedicated for compatible use. "Right-of-way" does not
10include authority aerial lines.
11    "Small wireless facility" means a wireless facility that
12meets both of the following qualifications: (i) each antenna is
13located inside an enclosure of no more than 6 cubic feet in
14volume or, in the case of an antenna that has exposed elements,
15the antenna and all of its exposed elements could fit within an
16imaginary enclosure of no more than 6 cubic feet; and (ii) all
17other wireless equipment associated with the facility is
18cumulatively no more than 28 cubic feet in volume. The
19following types of associated ancillary equipment are not
20included in the calculation of equipment volume: electric
21meter, concealment elements, telecommunications demarcation
22box, ground-based enclosures, grounding equipment, power
23transfer switch, cut-off switch, and vertical cable runs for
24the connection of power and other services.
25    "Utility pole" means a pole or similar structure that is
26used in whole or in part by a communications service provider



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1or for electric distribution, lighting, traffic control,
2signage, or a similar function.
3    "Wireless facility" means equipment at a fixed location
4that enables wireless communications between user equipment
5and a communications network, including: (i) equipment
6associated with wireless communications; and (ii) radio
7transceivers, antennas, coaxial or fiber-optic cable, regular
8and backup power supplies, and comparable equipment,
9regardless of technological configuration. "Wireless facility"
10includes small wireless facilities. "Wireless facility" does
11not include: (i) the structure or improvements on, under, or
12within which the equipment is collocated; or (ii) wireline
13backhaul facilities, coaxial or fiber optic cable that is
14between wireless support structures or utility poles or
15coaxial, or fiber optic cable that is otherwise not immediately
16adjacent to or directly associated with an antenna.
17    "Wireless infrastructure provider" means any person,
18including a person authorized to provide telecommunications
19service in the State, that builds or installs wireless
20communication transmission equipment, wireless facilities,
21wireless support structures, or utility poles, but that is not
22a wireless services provider.
23    "Wireless provider" means a wireless infrastructure
24provider or a wireless services provider.
25    "Wireless services" means any services provided using
26licensed or unlicensed spectrum, whether at a fixed location or



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1mobile, provided using wireless facilities.
2    "Wireless services provider" means a person who provides
3wireless services.
4    "Wireless support structure" means a freestanding
5structure, such as a monopole; tower, either guyed or
6self-supporting; billboard; or other existing or proposed
7structure designed to support or capable of supporting wireless
8facilities. "Wireless support structure" does not include a
9utility pole.
10    Section 15. Regulation of small wireless facilities.
11    (a) This Section applies to activities of a wireless
12provider within or outside rights-of-way.
13    (b) Except as provided in this Section, an authority may
14not prohibit, regulate, or charge for the collocation of small
15wireless facilities.
16    (c) Small wireless facilities shall be classified as
17permitted uses and not subject to zoning review or approval if
18they are collocated (i) in rights-of-way in any zone, or (ii)
19outside rights-of-way in property not zoned primarily for
20residential use.
21    (d) An authority may require an applicant to obtain one or
22more permits to collocate a small wireless facility, provided
23that the permits are of general applicability. An authority
24shall receive applications for, process, and issue permits
25subject to the following requirements:



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1        (1) An authority may not directly or indirectly require
2    an applicant to perform services unrelated to the
3    collocation for which approval is sought, such as in-kind
4    contributions to the authority, including reserving fiber,
5    conduit, or pole space for the authority on the wireless
6    provider's utility pole. An authority may reserve space on
7    authority utility poles for future public safety uses or
8    for the authority's electric utility uses, but a
9    reservation of space may not preclude the collocation of a
10    small wireless facility if the authority utility pole can
11    accommodate both uses.
12        (2) An applicant shall not be required to provide more
13    information to obtain a permit than the authority requires
14    of a communications service provider that is not a wireless
15    provider that requests to attach facilities to a structure;
16    however, a wireless provider may be required to provide the
17    following information when seeking a permit to collocate
18    small wireless facilities on an authority utility pole:
19            (A) site specific structural integrity and
20        make-ready analysis prepared by a structural engineer,
21        as that term is defined in Section 4 of the Structural
22        Engineering Practice Act of 1989;
23            (B) the location where each proposed small
24        wireless facility or utility pole would be installed
25        and photographs of the location and its immediate
26        surroundings depicting the poles or structures on



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1        which each proposed small wireless facility would be
2        mounted or location where utility poles or structures
3        would be installed;
4            (C) specifications and drawings prepared by a
5        structural engineer, as that term is defined in Section
6        4 of the Structural Engineering Practice Act of 1989,
7        for each proposed small wireless facility covered by
8        the application as it is proposed to be installed;
9            (D) a proposed schedule for the installation and
10        completion of each small wireless facility covered by
11        the application, if approved; and
12            (E) certification that the collocation complies
13        with paragraph (6) to the best of the applicant's
14        knowledge.
15        (3) Subject to paragraph (6), an authority may not
16    require the placement of small wireless facilities on any
17    specific utility pole, or category of poles, or require
18    multiple antenna systems on a single utility pole; however,
19    with respect to an application for the collocation of a
20    small wireless facility associated with a new utility pole,
21    an authority may propose that the small wireless facility
22    be collocated on an existing utility pole or existing
23    wireless support structure within 50 feet of the proposed
24    collocation, which the applicant shall accept if it has the
25    right to use the alternate structure on reasonable terms
26    and conditions and the alternate location and structure



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1    does not impose technical limits or additional material
2    costs as determined by the applicant.
3        (4) Subject to paragraph (6), an authority may not
4    limit the placement of pole-mounted small wireless
5    facilities by minimum horizontal separation distances.
6        (5) An authority may limit the maximum height of a
7    small wireless facility to 10 feet above the utility pole
8    or wireless support structure on which the small wireless
9    facility is collocated. Subject to any exception process in
10    an authority's zoning ordinance, the authority may limit
11    the height of new or replacement utility poles or wireless
12    support structures on which small wireless facilities are
13    collocated to the higher of: (i) 10 feet in height above
14    the tallest existing utility pole, other than a utility
15    pole supporting only wireless facilities, that is in place
16    on the date the application is submitted to the authority,
17    that is located within 500 feet of the new or replacement
18    wireless support structure and that is in the same right of
19    way within the jurisdictional boundary of the authority; 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 in the right-of-way does not
24        interfere with the frequencies used by the authority's
25        public safety communications;
26            (B) the wireless provider comply with requirements



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



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1        are part of an electric distribution or transmission
2        system within the communication worker safety zone of
3        the pole or the electric supply zone of the pole;
4        however, the antenna and support equipment of the small
5        wireless facility may be located in the communications
6        space on the pole and on the top of the pole, if not
7        otherwise unavailable, if the wireless provider
8        complies with applicable codes for work involving the
9        top of the pole; for purposes of this subparagraph (F),
10        the terms "communications space", "communication
11        worker safety zone", and "electric supply zone" have
12        the meanings given to those terms in the National
13        Electric Safety Code as published by the Institute of
14        Electrical and Electronics Engineers.
15        (7) Within 30 days after receiving an application, an
16    authority must determine whether the application is
17    complete and notify the applicant. If an application is
18    incomplete, an authority must specifically identify the
19    missing information. An application shall be deemed
20    complete if the authority fails to provide notification to
21    the applicant within 30 days after when all documents,
22    information, and fees specifically enumerated in the
23    authority's permit application form are submitted by the
24    applicant to the authority. Processing deadlines are
25    tolled from the time the authority sends the notice of
26    incompleteness to the time the applicant provides the



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1    missing information.
2        (8) An application shall be processed on a
3    nondiscriminatory basis and deemed approved if the
4    authority fails to approve or deny the application within
5    90 days; however, if an applicant intends to proceed with
6    the permitted activity on a deemed approved basis, the
7    applicant must notify the authority in writing of its
8    intention to invoke the deemed approved remedy no sooner
9    than 75 days after the submission of a completed
10    application. The permit shall be deemed approved on the
11    latter of the 90th day after submission of the complete
12    application or the 10th day after the receipt of the deemed
13    approved notice by the authority. The receipt of the deemed
14    approved notice shall not preclude the authority's denial
15    of the permit request within the time limits as provided
16    under this Act.
17        (9) An authority shall approve an application unless
18    the application does not meet the applicable codes, local
19    code provisions or regulations that concern public safety,
20    written design standards that are generally applicable for
21    decorative utility poles or reasonable stealth and
22    concealment requirements, and the requirements of
23    paragraph (6). If an authority determines that applicable
24    codes, local code provisions or regulations, or the
25    requirements of paragraph (6) require that the utility pole
26    or wireless support structure be replaced before the



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1    requested collocation, approval may be conditioned on the
2    replacement of the utility pole or wireless support
3    structure. The authority must document the basis for a
4    denial, including the specific code provisions or
5    application conditions on which the denial was based, and
6    send the documentation to the applicant on or before the
7    day the authority denies an application. The applicant may
8    cure the deficiencies identified by the authority and
9    resubmit the application within 30 days after notice of
10    denial is sent to the applicant without paying an
11    additional application fee. The authority shall approve or
12    deny the revised application within 30 days after the
13    applicant resubmits the application or it is deemed
14    approved; however, the applicant must notify the authority
15    in writing of its intention to proceed with the permitted
16    activity on a deemed approved basis, which may be submitted
17    with the resubmitted application. Any subsequent review
18    shall be limited to the deficiencies cited in the denial.
19        (10) The time period for applications may be further
20    tolled by:
21            (A) the express agreement in writing by both the
22        applicant and the authority; or
23            (B) a local, State, or federal disaster
24        declaration or similar emergency that causes the
25        delay.
26        (11) An applicant seeking to collocate small wireless



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



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



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1    relating to the granting or processing of an application.
2    The fees shall be reasonably related in time to the
3    incurring of such costs. Where the costs are already
4    recovered by existing fees, rates, or taxes paid by a
5    wireless provider, no application fee shall be assessed to
6    recover the costs.
7        (3) A fee may not include: (i) travel expenses incurred
8    by a third party in its review of an application; or (ii)
9    direct payment or reimbursement of fees charged on a
10    contingency basis or a result-based arrangement.
11        (4) Total application fees, where permitted, shall not
12    exceed the lesser of: (i) the amount charged by the
13    authority for a building permit for any similar commercial
14    construction, activity, or land use development; or (ii)
15    $100 each for up to 5 small wireless facilities addressed
16    in an application and $50 for each additional small
17    wireless facility addressed in the application.
18    (f) An authority shall not require an application,
19approval, or permit, or require any fees or other charges, by a
20communications service provider authorized to occupy the
21rights-of-way, for: (i) routine maintenance; (ii) the
22replacement of wireless facilities with wireless facilities
23that are substantially similar, the same size, or smaller; or
24(iii) the installation, placement, maintenance, operation, or
25replacement of micro wireless facilities that are suspended on
26cables that are strung between existing utility poles in



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1compliance with applicable safety codes. However, an authority
2may require a permit to work within rights-of-way for
3activities that affect traffic patterns or require lane
4closures. Any permits for work within rights-of-way shall be
5subject to the requirements provided in this Section.
6    (g) Nothing in this Act authorizes a person to collocate
7small wireless facilities on: (1) private property or a
8privately owned utility pole or wireless support structure
9without the consent of the property owner; (2) property owned,
10leased, or controlled by a park district, forest preserve
11district, or conservation district for public park,
12recreation, or conservation purposes without the consent of the
13affected district, excluding the placement of facilities on
14rights-of-way located in an affected district that are under
15the jurisdiction and control of a different unit of local
16government as provided by the Illinois Highway Code; or (3)
17property owned by a rail carrier registered under Section
1818c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or
19any other public commuter rail service, or an electric utility
20as defined in Section 16-102 of the Public Utilities Act,
21without the consent of the rail carrier, public commuter rail
22service, or electric utility.
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



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1before the wireless provider accepts rates or fees under this
2Act remain in effect for all small wireless facilities
3collocated on the authority's utility poles pursuant to
4applications submitted to the authority before the effective
5date of this Act, subject to applicable termination provisions.
6The wireless provider may accept the rates, fees, and terms
7provided under this Act for the collocation of small wireless
8facilities that are the subject of an application submitted
9after the rates, fees, and terms become effective.
10    (i) An authority shall allow the collocation of small
11wireless facilities on authority utility poles subject to the
13        (1) An authority may not enter into an exclusive
14    arrangement with any person for the right to attach small
15    wireless facilities to authority utility poles.
16        (2) The rates and fees for collocations on authority
17    utility poles shall be nondiscriminatory regardless of the
18    services provided by the collocating person.
19        (3) The rate to collocate on authority utility poles
20    may not exceed the annual recurring rate that would be
21    permitted under rules adopted by the FCC under 47 U.S.C.
22    224(e) if the rates were regulated by the FCC or $20 per
23    year per authority utility pole, whichever is less.
24        (4) If an authority has an existing pole attachment
25    rate, fee, or other term that does not comply with the
26    requirements in this Section, the authority shall, no later



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1    than 6 months after the effective date of this Act, reform
2    the rate, fee, or term in compliance with this Section.
3        (5) Authorities or other persons owning or controlling
4    authority utility poles shall offer rates, fees, and other
5    terms that comply with subparagraphs (A) through (D) of
6    this paragraph (5). Within 6 months after the effective
7    date of this Act or 3 months after receiving a request to
8    collocate its first small wireless facility on an authority
9    utility pole, whichever is later, a person owning or
10    controlling authority utility poles shall make available,
11    through ordinance or otherwise, the rates, fees, and terms
12    for the collocation of small wireless facilities on such
13    poles that comply with subparagraphs (A) through (D) of
14    this paragraph (5).
15            (A) The rates, fees, and terms must be
16        nondiscriminatory, competitively neutral, and
17        commercially reasonable and must comply with this
18        subsection (i).
19            (B) For authority utility poles that support
20        aerial facilities used to provide communications
21        services or electric service, wireless providers shall
22        comply with the process for make-ready work under 47
23        U.S.C. 224 and its implementing regulations, and the
24        authority shall follow a substantially similar process
25        for make-ready work except to the extent that the
26        timing requirements are otherwise addressed in this



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



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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.
5    (j) An authority shall authorize the collocation of small
6wireless facilities on utility poles owned or controlled by the
7authority that are not located within rights-of-way to the same
8extent the authority permits access to utility poles for other
9commercial projects or uses. The collocations shall be subject
10to reasonable and nondiscriminatory rates, fees, and terms as
11provided in an agreement between the authority and the wireless
13    (k) Nothing in this Section precludes an authority from
14adopting reasonable rules with respect to the removal of
15abandoned small wireless facilities. A small wireless facility
16that is not operated for a continuous period of 12 months shall
17be considered abandoned and the owner of the facility must
18remove the small wireless facility within 90 days after receipt
19of written notice from the authority notifying the owner of the
20abandonment. The notice shall be sent by certified or
21registered mail, return receipt requested, by the authority to
22the owner at the last known address of the owner.
23    (l) Nothing in this Section requires an authority to
24install or maintain any specific utility pole or to continue to
25install or maintain utility poles in any location if the
26authority makes a non-discriminatory decision to eliminate



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1above-ground utility poles of a particular type generally, such
2as electric utility poles, in all or a significant portion of
3its geographic jurisdiction. For authority utility poles with
4collocated small wireless facilities in place when an authority
5makes a decision to eliminate above-ground utility poles of a
6particular type generally, the authority shall either (i)
7continue to maintain the authority utility pole or install and
8maintain a reasonable alternative utility pole or wireless
9support structure for the collocation of the small wireless
10facility, or (ii) offer to sell the utility pole to the
11wireless provider at a reasonable cost or allow the wireless
12provider to install its own utility pole so it can maintain
13service from that location.
14    Section 20. Local authority. Subject to this Act and
15applicable federal law, an authority may continue to exercise
16zoning, land use, planning, and permitting authority within its
17territorial boundaries, including with respect to wireless
18support structures and utility poles; except that no authority
19shall have or exercise any jurisdiction or authority over the
20design, engineering, construction, installation, or operation
21of any small wireless facility located in an interior structure
22or upon the site of any campus, stadium, or athletic facility
23not otherwise owned or controlled by the authority, other than
24to comply with applicable codes and local code provisions
25concerning public safety. Nothing in this Act authorizes the



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1State or any political subdivision, including an authority, to
2require wireless facility deployment or to regulate wireless
4    Section 25. Dispute resolution. A circuit court has
5jurisdiction to resolve all disputes arising under this Act.
6Pending resolution of a dispute concerning rates for
7collocation of small wireless facilities on authority utility
8poles, the authority shall allow the collocating person to
9collocate on its poles at annual rates of no more than $20 per
10year per utility pole, with rates to be determined upon final
11resolution of the dispute.
12    Section 30. Indemnification. A wireless provider shall
13indemnify and hold an authority harmless against any and all
14liability or loss from personal injury or property damage
15resulting from or arising out of, in whole or in part, the use
16or occupancy of the authority improvements or right-of-way
17associated with such improvements by the wireless provider or
18its employees, agents, or contractors arising out of the rights
19and privileges granted under this Act. A wireless provider has
20no obligation to indemnify or hold harmless against any
21liabilities and losses as may be due to or caused by the sole
22negligence of the authority or its employees or agents. A
23wireless provider shall further waive any claims that they may
24have against an authority with respect to consequential,



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1incidental, or special damages, however caused, based on the
2theory of liability.
3    Section 35. Insurance.
4    (a) During the period in which the wireless provider's
5facilities are located on the authority improvements or
6rights-of-way, the authority may require the wireless provider
7to carry, at the wireless provider's own cost and expense, the
8following insurance: (i) property insurance for its property's
9replacement cost against all risks; (ii) workers' compensation
10insurance, as required by law; or (iii) commercial general
11liability insurance with respect to its activities on the
12authority improvements or rights-of-way to afford minimum
13protection limits consistent with its requirements of other
14users of authority improvements or rights-of-way, including
15coverage for bodily injury and property damage. An authority
16may require a wireless provider to include the authority as an
17additional insured on the commercial general liability policy
18and provide certification and documentation of inclusion of the
19authority in a commercial general liability policy as
20reasonably required by the authority.
21    (b) A wireless provider may self-insure all or a portion of
22the insurance coverage and limit requirements required by an
23authority. A wireless provider that self-insures is not
24required, to the extent of the self-insurance, to comply with
25the requirement for the naming of additional insureds under



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1this Section. A wireless provider that elects to self-insure
2shall provide to the authority evidence sufficient to
3demonstrate its financial ability to self-insure the insurance
4coverage and limits required by the authority.
5    Section 40. Home rule. A home rule unit may not regulate
6small wireless facilities in a manner inconsistent with this
7Act. This Section is a limitation under subsection (i) of
8Section 6 of Article VII of the Illinois Constitution on the
9concurrent exercise by home rule units of powers and functions
10exercised by the State.
11    Section 100. The Counties Code is amended by changing
12Section 5-12001.2 as follows:
13    (55 ILCS 5/5-12001.2)
14    Sec. 5-12001.2. Regulation of telecommunications
15facilities; Lake County pilot project. In addition to any other
16requirements under this Division concerning the regulation of
17telecommunications facilities and except as provided by the
18Small Wireless Facilities Deployment Act, the following
19applies to any new telecommunications facilities in Lake County
20that are not AM telecommunications towers or facilities:
21        (a) For every new wireless telecommunications facility
22    requiring a new tower structure, a telecommunications
23    carrier shall provide the county with documentation



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



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