Full Text of SB1451 100th General Assembly
SB1451sam003 100TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 5/22/2017
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| 1 | | AMENDMENT TO SENATE BILL 1451
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1451 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Small | 5 | | Wireless Facilities Deployment Act. | 6 | | Section 5. Legislative intent. Small wireless facilities | 7 | | are critical to delivering wireless access to advanced | 8 | | technology, broadband, and 9-1-1 services to homes, | 9 | | businesses, and schools in Illinois. Because of the integral | 10 | | role that the delivery of wireless technology plays in the | 11 | | economic vitality of the State of Illinois and in the lives of | 12 | | its citizens, the General Assembly has determined that a law | 13 | | addressing the deployment of wireless technology is of vital | 14 | | interest to the State. To ensure that public and private | 15 | | Illinois consumers continue to benefit from these services as | 16 | | soon as possible and to ensure that providers of wireless |
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| 1 | | access have a fair and predictable process for the deployment | 2 | | of small wireless facilities in a manner consistent with the | 3 | | character of the area in which the small wireless facilities | 4 | | are deployed, the General Assembly is enacting this Act, which | 5 | | specifies how local authorities may regulate the collocation of | 6 | | small wireless facilities. | 7 | | Section 7. Applicability. This Act does not apply to a | 8 | | municipality 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 | 11 | | receives electromagnetic radio frequency signals used in the | 12 | | provision of wireless services. | 13 | | "Applicable codes" means uniform building, fire, | 14 | | electrical, plumbing, or mechanical codes adopted by a | 15 | | recognized national code organization or local amendments to | 16 | | those codes, including the National Electric Safety Code. | 17 | | "Applicant" means any person who submits an application and | 18 | | is a wireless provider. | 19 | | "Application" means a request submitted by an applicant to | 20 | | an authority for a permit to collocate small wireless | 21 | | facilities as well as any applicable fee for the review of such | 22 | | application. | 23 | | "Authority" means a unit of local government that has | 24 | | jurisdiction and control for use of public rights-of-way as |
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| 1 | | provided by the Illinois Highway Code for placements within | 2 | | public rights-of-way or has zoning or land use control for | 3 | | placements not within public rights-of-way. | 4 | | "Authority utility pole" means a utility pole owned or | 5 | | operated by an authority in public rights-of-way. | 6 | | "Collocate" or "collocation" means to install, mount, | 7 | | maintain, modify, operate, or replace wireless facilities on or | 8 | | adjacent to a wireless support structure or utility pole. | 9 | | "Communications service" means cable service, as defined | 10 | | in 47 U.S.C. 522(6), as amended; information service, as | 11 | | defined in 47 U.S.C. 153(24), as amended; telecommunications | 12 | | service, as defined in 47 U.S.C. 153(53), as amended; mobile | 13 | | service, as defined in 47 U.S.C. 153(33), as amended; or | 14 | | wireless service other than mobile service. | 15 | | "Communications service provider" means a cable operator, | 16 | | as defined in 47 U.S.C. 522(5), as amended; a provider of | 17 | | information service, as defined in 47 U.S.C. 153(24), as | 18 | | amended; a telecommunications carrier, as defined in 47 U.S.C. | 19 | | 153(51), as amended; or a wireless provider. | 20 | | "FCC" means the Federal Communications Commission of the | 21 | | United States. | 22 | | "Fee" means a one-time charge. | 23 | | "Law" means a federal or State statute, common law, code, | 24 | | rule, regulation, order, or local ordinance or resolution. | 25 | | "Micro wireless facility" means a small wireless facility | 26 | | that is not larger in dimension than 24 inches in length, 15 |
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| 1 | | inches in width, and 12 inches in height and that has an | 2 | | exterior antenna, if any, no longer than 11 inches. | 3 | | "Permit" means a written authorization required by an | 4 | | authority to perform an action or initiate, continue, or | 5 | | complete a project. | 6 | | "Person" means an individual, corporation, limited | 7 | | liability company, partnership, association, trust, or other | 8 | | entity or organization, including an authority. | 9 | | "Rate" means a recurring charge. | 10 | | "Right-of-way" means the area on, below, or above a public | 11 | | roadway, highway, street, public sidewalk, alley, or utility | 12 | | easement dedicated for compatible use. "Right-of-way" does not | 13 | | include authority aerial lines.
| 14 | | "Small wireless facility" means a wireless facility that | 15 | | meets both of the following qualifications: (i) each antenna is | 16 | | located inside an enclosure of no more than 6 cubic feet in | 17 | | volume or, in the case of an antenna that has exposed elements, | 18 | | the antenna and all of its exposed elements could fit within an | 19 | | imaginary enclosure of no more than 6 cubic feet; and (ii) all | 20 | | other wireless equipment associated with the facility is | 21 | | cumulatively no more than 28 cubic feet in volume. The | 22 | | following types of associated ancillary equipment are not | 23 | | included in the calculation of equipment volume: electric | 24 | | meter, concealment elements, telecommunications demarcation | 25 | | box, ground-based enclosures, grounding equipment, power | 26 | | transfer switch, cut-off switch, and vertical cable runs for |
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| 1 | | the connection of power and other services. | 2 | | "Utility pole" means a pole or similar structure that is | 3 | | used in whole or in part by a communications service provider | 4 | | or for electric distribution, lighting, traffic control, | 5 | | signage, or a similar function. | 6 | | "Wireless facility" means equipment at a fixed location | 7 | | that enables wireless communications between user equipment | 8 | | and a communications network, including: (i) equipment | 9 | | associated with wireless communications; and (ii) radio | 10 | | transceivers, antennas, coaxial or fiber-optic cable, regular | 11 | | and backup power supplies, and comparable equipment, | 12 | | regardless of technological configuration. "Wireless facility" | 13 | | includes small wireless facilities. "Wireless facility" does | 14 | | not include: (i) the structure or improvements on, under, or | 15 | | within which the equipment is collocated; or (ii) wireline | 16 | | backhaul facilities, coaxial or fiber optic cable that is | 17 | | between wireless support structures or utility poles or | 18 | | coaxial, or fiber optic cable that is otherwise not immediately | 19 | | adjacent to or directly associated with an antenna.
| 20 | | "Wireless infrastructure provider" means any person, | 21 | | including a person authorized to provide telecommunications | 22 | | service in the State, that builds or installs wireless | 23 | | communication transmission equipment, wireless facilities, | 24 | | wireless support structures, or utility poles, but that is not | 25 | | a wireless services provider. | 26 | | "Wireless provider" means a wireless infrastructure |
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| 1 | | provider or a wireless services provider. | 2 | | "Wireless services" means any services provided using | 3 | | licensed or unlicensed spectrum, whether at a fixed location or | 4 | | mobile, provided using wireless facilities.
| 5 | | "Wireless services provider" means a person who provides | 6 | | wireless services. | 7 | | "Wireless support structure" means a freestanding | 8 | | structure, such as a monopole; tower, either guyed or | 9 | | self-supporting; billboard; or other existing or proposed | 10 | | structure designed to support or capable of supporting wireless | 11 | | facilities. "Wireless support structure" does not include a | 12 | | utility pole. | 13 | | Section 15. Regulation of small wireless facilities. | 14 | | (a) This Section applies to activities of a wireless | 15 | | provider within or outside rights-of-way. | 16 | | (b) Except as provided in this Section, an authority may | 17 | | not prohibit, regulate, or charge for the collocation of small | 18 | | wireless facilities. | 19 | | (c) Small wireless facilities shall be classified as | 20 | | permitted uses and not subject to zoning review or approval if | 21 | | they are collocated (i) in rights-of-way in any zone, or (ii) | 22 | | outside rights-of-way in property not zoned primarily for | 23 | | residential use. | 24 | | (d) An authority may require an applicant to obtain one or | 25 | | more permits to collocate a small wireless facility, provided |
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| 1 | | that the permits are of general applicability. An authority | 2 | | shall receive applications for, process, and issue permits | 3 | | subject to the following requirements: | 4 | | (1) An authority may not directly or indirectly require | 5 | | an applicant to perform services unrelated to the | 6 | | collocation for which approval is sought, such as in-kind | 7 | | contributions to the authority, including reserving fiber, | 8 | | conduit, or pole space for the authority on the wireless | 9 | | provider's utility pole. An authority may reserve space on | 10 | | authority utility poles for future public safety uses or | 11 | | for the authority's electric utility uses, but a | 12 | | reservation of space may not preclude the collocation of a | 13 | | small wireless facility if the authority utility pole can | 14 | | accommodate both uses. | 15 | | (2) An applicant shall not be required to provide more | 16 | | information to obtain a permit than the authority requires | 17 | | of a communications service provider that is not a wireless | 18 | | provider that requests to attach facilities to a structure; | 19 | | however, a wireless provider may be required to provide the | 20 | | following information when seeking a permit to collocate | 21 | | small wireless facilities on an authority utility pole: | 22 | | (A) site specific structural integrity and | 23 | | make-ready analysis prepared by a structural engineer, | 24 | | as that term is defined in Section 4 of the Structural | 25 | | Engineering Practice Act of 1989; | 26 | | (B) the location where each proposed small |
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| 1 | | wireless facility or utility pole would be installed | 2 | | and photographs of the location and its immediate | 3 | | surroundings depicting the poles or structures on | 4 | | which each proposed small wireless facility would be | 5 | | mounted or location where utility poles or structures | 6 | | would be installed; | 7 | | (C) specifications and drawings prepared by a | 8 | | structural engineer, as that term is defined in Section | 9 | | 4 of the Structural Engineering Practice Act of 1989, | 10 | | for each proposed small wireless facility covered by | 11 | | the application as it is proposed to be installed; | 12 | | (D) a proposed schedule for the installation and | 13 | | completion of each small wireless facility covered by | 14 | | the application, if approved; and | 15 | | (E) certification that the collocation complies | 16 | | with paragraph (6) to the best of the applicant's | 17 | | knowledge. | 18 | | (3) Subject to paragraph (6), an authority may not | 19 | | require the placement of small wireless facilities on any | 20 | | specific utility pole, or category of poles, or require | 21 | | multiple antenna systems on a single utility pole; however, | 22 | | with respect to an application for the collocation of a | 23 | | small wireless facility associated with a new utility pole, | 24 | | an authority may propose that the small wireless facility | 25 | | be collocated on an existing utility pole or existing | 26 | | wireless support structure within 50 feet of the proposed |
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| 1 | | collocation, which the applicant shall accept if it has the | 2 | | right to use the alternate structure on reasonable terms | 3 | | and conditions and the alternate location and structure | 4 | | does not impose technical limits or additional material | 5 | | costs as determined by the applicant. | 6 | | (4) Subject to paragraph (6), an authority may not | 7 | | limit the placement of pole-mounted small wireless | 8 | | facilities by minimum horizontal separation distances. | 9 | | (5) An authority may limit the maximum height of a | 10 | | small wireless facility to 10 feet above the utility pole | 11 | | or wireless support structure on which the small wireless | 12 | | facility is collocated. Subject to any exception process in | 13 | | an authority's zoning ordinance, the authority may limit | 14 | | the height of new or replacement utility poles or wireless | 15 | | support structures on which small wireless facilities are | 16 | | collocated to the higher of: (i) 10 feet in height above | 17 | | the tallest existing utility pole, other than a utility | 18 | | pole supporting only wireless facilities, that is in place | 19 | | on the date the application is submitted to the authority, | 20 | | that is located within 500 feet of the new or replacement | 21 | | wireless support structure and that is in the same right of | 22 | | way within the jurisdictional boundary of the authority; or | 23 | | (ii) 45 feet above ground level. | 24 | | (6) An authority may require that: | 25 | | (A) the wireless provider's operation of the small | 26 | | wireless facilities in the right-of-way does not |
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| 1 | | interfere with the frequencies used by the authority's | 2 | | public safety communications; | 3 | | (B) the wireless provider comply with requirements | 4 | | that are imposed by a contract between an authority and | 5 | | a private property owner that concern design or | 6 | | construction standards applicable to utility poles and | 7 | | ground-mounted equipment located in the right-of-way; | 8 | | (C) the wireless provider comply with applicable | 9 | | spacing requirements in applicable codes and | 10 | | ordinances concerning the location of ground-mounted | 11 | | equipment located in the right-of-way if the | 12 | | requirements include a waiver, zoning, or other | 13 | | process that addresses wireless provider requests for | 14 | | exception or variance and do not prohibit granting of | 15 | | such exceptions or variances; | 16 | | (D) the wireless provider comply with local code | 17 | | provisions or regulations concerning undergrounding | 18 | | requirements that prohibit the installation of new or | 19 | | the modification of existing utility poles in a right | 20 | | of way without prior approval if the requirements | 21 | | include a waiver, zoning, or other process that | 22 | | addresses requests to install such new utility poles or | 23 | | modify such existing utility poles and do not prohibit | 24 | | the replacement of utility poles; | 25 | | (E) the wireless provider comply with generally | 26 | | applicable standards adopted by an authority for |
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| 1 | | construction in the rights-of-way; and | 2 | | (F) a wireless provider not collocate small | 3 | | wireless facilities on authority utility poles that | 4 | | are part of an electric distribution or transmission | 5 | | system within the communication worker safety zone of | 6 | | the pole or the electric supply zone of the pole; | 7 | | however, the antenna and support equipment of the small | 8 | | wireless facility may be located in the communications | 9 | | space on the pole and on the top of the pole, if not | 10 | | otherwise unavailable, if the wireless provider | 11 | | complies with applicable codes for work involving the | 12 | | top of the pole; for purposes of this subparagraph (F), | 13 | | the terms "communications space", "communication | 14 | | worker safety zone", and "electric supply zone" have | 15 | | the meanings given to those terms in the National | 16 | | Electric Safety Code as published by the Institute of | 17 | | Electrical and Electronics Engineers. | 18 | | (7) Within 30 days after receiving an application, an | 19 | | authority must determine whether the application is | 20 | | complete and notify the applicant. If an application is | 21 | | incomplete, an authority must specifically identify the | 22 | | missing information. An application shall be deemed | 23 | | complete if the authority fails to provide notification to | 24 | | the applicant within 30 days after when all documents, | 25 | | information, and fees specifically enumerated in the | 26 | | authority's permit application form are submitted by the |
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| 1 | | applicant to the authority. Processing deadlines are | 2 | | tolled from the time the authority sends the notice of | 3 | | incompleteness to the time the applicant provides the | 4 | | missing information. | 5 | | (8) An application shall be processed on a | 6 | | nondiscriminatory basis and deemed approved if the | 7 | | authority fails to approve or deny the application within | 8 | | 90 days; however, if an applicant intends to proceed with | 9 | | the permitted activity on a deemed approved basis, the | 10 | | applicant must notify the authority in writing of its | 11 | | intention to invoke the deemed approved remedy no sooner | 12 | | than 75 days after the submission of a completed | 13 | | application. The permit shall be deemed approved on the | 14 | | latter of the 90th day after submission of the complete | 15 | | application or the 10th day after the receipt of the deemed | 16 | | approved notice by the authority. The receipt of the deemed | 17 | | approved notice shall not preclude the authority's denial | 18 | | of the permit request within the time limits as provided | 19 | | under this Act. | 20 | | (9) An authority shall approve an application unless | 21 | | the application does not meet the applicable codes, local | 22 | | code provisions or regulations that concern public safety, | 23 | | written design standards that are generally applicable for | 24 | | decorative utility poles or reasonable stealth and | 25 | | concealment requirements, and the requirements of | 26 | | paragraph (6). If an authority determines that applicable |
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| 1 | | codes, local code provisions or regulations, or the | 2 | | requirements of paragraph (6) require that the utility pole | 3 | | or wireless support structure be replaced before the | 4 | | requested collocation, approval may be conditioned on the | 5 | | replacement of the utility pole or wireless support | 6 | | structure. The authority must document the basis for a | 7 | | denial, including the specific code provisions or | 8 | | application conditions on which the denial was based, and | 9 | | send the documentation to the applicant on or before the | 10 | | day the authority denies an application. The applicant may | 11 | | cure the deficiencies identified by the authority and | 12 | | resubmit the application within 30 days after notice of | 13 | | denial is sent to the applicant without paying an | 14 | | additional application fee. The authority shall approve or | 15 | | deny the revised application within 30 days after the | 16 | | applicant resubmits the application or it is deemed | 17 | | approved; however, the applicant must notify the authority | 18 | | in writing of its intention to proceed with the permitted | 19 | | activity on a deemed approved basis, which may be submitted | 20 | | with the resubmitted application. Any subsequent review | 21 | | shall be limited to the deficiencies cited in the denial. | 22 | | (10) The time period for applications may be further | 23 | | tolled by: | 24 | | (A) the express agreement in writing by both the | 25 | | applicant and the authority; or | 26 | | (B) a local, State, or federal disaster |
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| 1 | | declaration or similar emergency that causes the | 2 | | delay. | 3 | | (11) An applicant seeking to collocate small wireless | 4 | | facilities within the jurisdiction of a single authority | 5 | | shall be allowed, at the applicant's discretion, to file a | 6 | | consolidated application and receive a single permit for | 7 | | the collocation of up to 25 small wireless facilities if | 8 | | the collocations each involve substantially the same type | 9 | | of small wireless facility and substantially the same type | 10 | | of structure. If an application includes multiple small | 11 | | wireless facilities, the authority may remove small | 12 | | wireless facility collocations from the application and | 13 | | treat separately small wireless facility collocations for | 14 | | which incomplete information has been provided or that do | 15 | | not qualify for consolidated treatment or that are denied. | 16 | | The authority may issue separate permits for each | 17 | | collocation that is approved in a consolidated | 18 | | application. | 19 | | (12) Collocation for which a permit is granted shall be | 20 | | completed within 180 days after issuance of the permit, | 21 | | unless the authority and the wireless provider agree to | 22 | | extend this period or a delay is caused by make-ready work | 23 | | for an authority utility pole or by the lack of commercial | 24 | | power or backhaul availability at the site. Otherwise, the | 25 | | permit shall be void unless the authority grants an | 26 | | extension in writing to the applicant. |
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| 1 | | (13) The duration of a permit shall be for a period of | 2 | | not less than 10 years, and the permit shall be renewed for | 3 | | equivalent durations unless the authority makes a finding | 4 | | that the small wireless facilities or the new or modified | 5 | | utility pole do not comply with the applicable codes or | 6 | | local code provisions or regulations in paragraphs (6) and | 7 | | (9). | 8 | | (14) An authority may not prohibit, either expressly or | 9 | | de facto, the (i) filing, receiving, or processing | 10 | | applications, or (ii) issuing of permits or other | 11 | | approvals, if any, for the collocation of small wireless | 12 | | facilities unless there has been a local, State, or federal | 13 | | disaster declaration or similar emergency that causes the | 14 | | delay. | 15 | | (15) Applicants shall submit applications, supporting | 16 | | information, and notices by personal delivery or as | 17 | | otherwise required by the authority. An authority may | 18 | | require that permits, supporting information, and notices | 19 | | be submitted by personal delivery at the authority's | 20 | | designated place of business, by regular mail postmarked on | 21 | | the date due, or by any other commonly used means, | 22 | | including electronic mail, as required by the authority. | 23 | | (e) Application fees are subject to the following | 24 | | requirements: | 25 | | (1) An authority may charge an application fee only if | 26 | | the fee is required for similar types of commercial |
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| 1 | | development within the authority's jurisdiction. | 2 | | (2) An authority shall only charge fees for the actual, | 3 | | direct, and reasonable costs incurred by the authority | 4 | | relating to the granting or processing of an application. | 5 | | The fees shall be reasonably related in time to the | 6 | | incurring of such 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 | | $350 for each small wireless facility addressed in the | 16 | | application. | 17 | | (f) An authority shall not require an application, | 18 | | approval, or permit, or require any fees or other charges, by a | 19 | | communications service provider authorized to occupy the | 20 | | rights-of-way, for: (i) routine maintenance; (ii) the | 21 | | replacement of wireless facilities with wireless facilities | 22 | | that are substantially similar, the same size, or smaller; or | 23 | | (iii) the installation, placement, maintenance, operation, or | 24 | | replacement of micro wireless facilities that are suspended on | 25 | | cables that are strung between existing utility poles in | 26 | | compliance with applicable safety codes. However, an authority |
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| 1 | | may require a permit to work within rights-of-way for | 2 | | activities that affect traffic patterns or require lane | 3 | | closures. Any permits for work within rights-of-way shall be | 4 | | subject to the requirements provided in this Section. | 5 | | (g) Nothing in this Act authorizes a person to collocate | 6 | | small wireless facilities on: (1) private property or a | 7 | | privately owned utility pole or wireless support structure | 8 | | without the consent of the property owner; (2) property owned, | 9 | | leased, or controlled by a park district, forest preserve | 10 | | district, or conservation district for public park, | 11 | | recreation, or conservation purposes without the consent of the | 12 | | affected district, excluding the placement of facilities on | 13 | | rights-of-way located in an affected district that are under | 14 | | the jurisdiction and control of a different unit of local | 15 | | government as provided by the Illinois Highway Code; or (3) | 16 | | property owned by a rail carrier registered under Section | 17 | | 18c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or | 18 | | any other public commuter rail service, or an electric utility | 19 | | as defined in Section 16-102 of the Public Utilities Act, | 20 | | without the consent of the rail carrier, public commuter rail | 21 | | service, or electric utility. The provisions of this Act do not | 22 | | apply to an electric or gas public utility or such utility's | 23 | | wireless facilities if the facilities are being used, | 24 | | developed, and maintained consistent with the provisions of | 25 | | subsection (i) of Section 16-108.5 of the Public Utilities Act. | 26 | | For the purposes of this subsection, "public utility" has the |
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| 1 | | meaning given to that term in Section 3-105 of the Public | 2 | | Utilities Act. | 3 | | (h) Agreements between authorities and wireless providers | 4 | | that relate to the collocation of small wireless facilities in | 5 | | the right-of-way, including the collocation of small wireless | 6 | | facilities on authority utility poles, that are in effect | 7 | | before the wireless provider accepts rates or fees under this | 8 | | Act remain in effect for all small wireless facilities | 9 | | collocated on the authority's utility poles pursuant to | 10 | | applications submitted to the authority before the effective | 11 | | date of this Act, subject to applicable termination provisions. | 12 | | The wireless provider may accept the rates, fees, and terms | 13 | | provided under this Act for the collocation of small wireless | 14 | | facilities that are the subject of an application submitted | 15 | | after the rates, fees, and terms become effective. | 16 | | (i) An authority shall allow the collocation of small | 17 | | wireless facilities on authority utility poles subject to the | 18 | | following: | 19 | | (1) An authority may not enter into an exclusive | 20 | | arrangement with any person for the right to attach small | 21 | | wireless facilities to authority utility poles. | 22 | | (2) The rates and fees for collocations on authority | 23 | | utility poles shall be nondiscriminatory regardless of the | 24 | | services provided by the collocating person. | 25 | | (3) An authority may charge an annual recurring rate to | 26 | | collocate a small wireless facility on an authority utility |
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| 1 | | pole that equals (i) $200 per year or (ii) the actual, | 2 | | direct, and reasonable costs related to the wireless | 3 | | provider's use of space on the authority utility pole. In | 4 | | any controversy concerning the appropriateness of a | 5 | | cost-based rate for an authority utility pole, the | 6 | | authority shall have the burden of proving that the rate | 7 | | does not exceed the actual, direct, and reasonable costs | 8 | | for the applicant's proposed use of the pole. Nothing in | 9 | | this paragraph (3) prohibits a wireless provider and an | 10 | | authority from mutually agreeing to an annual recurring | 11 | | rate of less than $200 to collocate a small wireless | 12 | | facility on an authority utility pole. | 13 | | (4) If an authority has an existing pole attachment | 14 | | rate, fee, or other term that does not comply with the | 15 | | requirements in this Section, the authority shall, no later | 16 | | than 6 months after the effective date of this Act, reform | 17 | | the rate, fee, or term in compliance with this Section. | 18 | | (5) Authorities or other persons owning or controlling | 19 | | authority utility poles shall offer rates, fees, and other | 20 | | terms that comply with subparagraphs (A) through (D) of | 21 | | this paragraph (5). Within 6 months after the effective | 22 | | date of this Act or 3 months after receiving a request to | 23 | | collocate its first small wireless facility on an authority | 24 | | utility pole, whichever is later, a person owning or | 25 | | controlling authority utility poles shall make available, | 26 | | through ordinance or otherwise, the rates, fees, and terms |
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| 1 | | for the collocation of small wireless facilities on such | 2 | | poles that comply with subparagraphs (A) through (D) of | 3 | | this paragraph (5). | 4 | | (A) The rates, fees, and terms must be | 5 | | nondiscriminatory, competitively neutral, and | 6 | | commercially reasonable and must comply with this | 7 | | subsection (i). | 8 | | (B) For authority utility poles that support | 9 | | aerial facilities used to provide communications | 10 | | services or electric service, wireless providers shall | 11 | | comply with the process for make-ready work under 47 | 12 | | U.S.C. 224 and its implementing regulations, and the | 13 | | authority shall follow a substantially similar process | 14 | | for make-ready work except to the extent that the | 15 | | timing requirements are otherwise addressed in this | 16 | | Act. The good-faith estimate of the person owning or | 17 | | controlling the pole for any make-ready work necessary | 18 | | to enable the pole to support the requested collocation | 19 | | shall include pole replacement, if necessary. | 20 | | (C) For authority utility poles that do not support | 21 | | aerial facilities used to provide communications | 22 | | services or electric service, the authority shall | 23 | | provide a good-faith estimate for any make-ready work | 24 | | necessary to enable the pole to support the requested | 25 | | collocation, including pole replacement, if necessary, | 26 | | within 90 days after receipt of a complete application. |
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| 1 | | Make-ready work, including any pole replacement, shall | 2 | | be completed within 60 days of written acceptance of | 3 | | the good-faith estimate by the applicant. | 4 | | Alternatively, if the authority determines that | 5 | | applicable codes or public safety regulations require | 6 | | the authority utility pole to be replaced to support | 7 | | the requested collocation, the authority may require | 8 | | the wireless provider to replace the authority utility | 9 | | pole. | 10 | | (D) The authority shall not require more | 11 | | make-ready work than required to meet applicable codes | 12 | | or industry standards. Fees for make-ready work, | 13 | | including any pole replacement, shall not exceed | 14 | | actual costs or the amount charged to communications | 15 | | service providers for similar work and shall not | 16 | | include any consultants' fees or expenses for | 17 | | authority utility poles that do not support aerial | 18 | | facilities used to provide communications services or | 19 | | electric service. | 20 | | (j) An authority shall authorize the collocation of small | 21 | | wireless facilities on utility poles owned or controlled by the | 22 | | authority that are not located within rights-of-way to the same | 23 | | extent the authority permits access to utility poles for other | 24 | | commercial projects or uses. The collocations shall be subject | 25 | | to reasonable and nondiscriminatory rates, fees, and terms as | 26 | | provided in an agreement between the authority and the wireless |
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| 1 | | provider. | 2 | | (k) Nothing in this Section precludes an authority from | 3 | | adopting reasonable rules with respect to the removal of | 4 | | abandoned small wireless facilities. A small wireless facility | 5 | | that is not operated for a continuous period of 12 months shall | 6 | | be considered abandoned and the owner of the facility must | 7 | | remove the small wireless facility within 90 days after receipt | 8 | | of written notice from the authority notifying the owner of the | 9 | | abandonment. The notice shall be sent by certified or | 10 | | registered mail, return receipt requested, by the authority to | 11 | | the owner at the last known address of the owner. | 12 | | (l) Nothing in this Section requires an authority to | 13 | | install or maintain any specific utility pole or to continue to | 14 | | install or maintain utility poles in any location if the | 15 | | authority makes a non-discriminatory decision to eliminate | 16 | | above-ground utility poles of a particular type generally, such | 17 | | as electric utility poles, in all or a significant portion of | 18 | | its geographic jurisdiction. For authority utility poles with | 19 | | collocated small wireless facilities in place when an authority | 20 | | makes a decision to eliminate above-ground utility poles of a | 21 | | particular type generally, the authority shall either (i) | 22 | | continue to maintain the authority utility pole or install and | 23 | | maintain a reasonable alternative utility pole or wireless | 24 | | support structure for the collocation of the small wireless | 25 | | facility, or (ii) offer to sell the utility pole to the | 26 | | wireless provider at a reasonable cost or allow the wireless |
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| 1 | | provider to install its own utility pole so it can maintain | 2 | | service from that location. | 3 | | Section 20. Local authority. Subject to this Act and | 4 | | applicable federal law, an authority may continue to exercise | 5 | | zoning, land use, planning, and permitting authority within its | 6 | | territorial boundaries, including with respect to wireless | 7 | | support structures and utility poles; except that no authority | 8 | | shall have or exercise any jurisdiction or authority over the | 9 | | design, engineering, construction, installation, or operation | 10 | | of any small wireless facility located in an interior structure | 11 | | or upon the site of any campus, stadium, or athletic facility | 12 | | not otherwise owned or controlled by the authority, other than | 13 | | to comply with applicable codes and local code provisions | 14 | | concerning public safety. Nothing in this Act authorizes the | 15 | | State or any political subdivision, including an authority, to | 16 | | require wireless facility deployment or to regulate wireless | 17 | | services. | 18 | | Section 25. Dispute resolution. A circuit court has | 19 | | jurisdiction to resolve all disputes arising under this Act. | 20 | | Pending resolution of a dispute concerning rates for | 21 | | collocation of small wireless facilities on authority utility | 22 | | poles, the authority shall allow the collocating person to | 23 | | collocate on its poles at annual rates of no more than $200 per | 24 | | year per utility pole, with rates to be determined upon final |
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| 1 | | resolution of the dispute. | 2 | | Section 30. Indemnification. A wireless provider shall | 3 | | indemnify and hold an authority harmless against any and all | 4 | | liability or loss from personal injury or property damage | 5 | | resulting from or arising out of, in whole or in part, the use | 6 | | or occupancy of the authority improvements or right-of-way | 7 | | associated with such improvements by the wireless provider or | 8 | | its employees, agents, or contractors arising out of the rights | 9 | | and privileges granted under this Act. A wireless provider has | 10 | | no obligation to indemnify or hold harmless against any | 11 | | liabilities and losses as may be due to or caused by the sole | 12 | | negligence of the authority or its employees or agents. A | 13 | | wireless provider shall further waive any claims that they may | 14 | | have against an authority with respect to consequential, | 15 | | incidental, or special damages, however caused, based on the | 16 | | theory of liability.
| 17 | | Section 35. Insurance. | 18 | | (a) During the period in which the wireless provider's | 19 | | facilities are located on the authority improvements or | 20 | | rights-of-way, the authority may require the wireless provider | 21 | | to carry, at the wireless provider's own cost and expense, the | 22 | | following insurance: (i) property insurance for its property's | 23 | | replacement cost against all risks; (ii) workers' compensation | 24 | | insurance, as required by law; or (iii) commercial general |
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| 1 | | liability insurance with respect to its activities on the | 2 | | authority improvements or rights-of-way to afford minimum | 3 | | protection limits consistent with its requirements of other | 4 | | users of authority improvements or rights-of-way, including | 5 | | coverage for bodily injury and property damage. An authority | 6 | | may require a wireless provider to include the authority as an | 7 | | additional insured on the commercial general liability policy | 8 | | and provide certification and documentation of inclusion of the | 9 | | authority in a commercial general liability policy as | 10 | | reasonably required by the authority. | 11 | | (b) A wireless provider may self-insure all or a portion of | 12 | | the insurance coverage and limit requirements required by an | 13 | | authority. A wireless provider that self-insures is not | 14 | | required, to the extent of the self-insurance, to comply with | 15 | | the requirement for the naming of additional insureds under | 16 | | this Section. A wireless provider that elects to self-insure | 17 | | shall provide to the authority evidence sufficient to | 18 | | demonstrate its financial ability to self-insure the insurance | 19 | | coverage and limits required by the authority.
| 20 | | Section 40. Home rule. A home rule unit may not regulate | 21 | | small wireless facilities in a manner inconsistent with this | 22 | | Act. This Section is a limitation under subsection (i) of | 23 | | Section 6 of Article VII of the Illinois Constitution on the | 24 | | concurrent exercise by home rule units of powers and functions | 25 | | exercised by the State.
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| 1 | | Section 90. Repeal. This Act is repealed on June 1, 2020. | 2 | | Section 100. The Counties Code is amended by changing | 3 | | Section 5-12001.2 as follows: | 4 | | (55 ILCS 5/5-12001.2) | 5 | | Sec. 5-12001.2. Regulation of telecommunications | 6 | | facilities; Lake County pilot project. In addition to any other | 7 | | requirements under this Division concerning the regulation of | 8 | | telecommunications facilities and except as provided by the | 9 | | Small Wireless Facilities Deployment Act , the following | 10 | | applies to any new telecommunications facilities in Lake County | 11 | | that are not AM telecommunications towers or facilities: | 12 | | (a) For every new wireless telecommunications facility | 13 | | requiring a new tower structure, a telecommunications | 14 | | carrier shall provide the county with documentation | 15 | | consisting of the proposed location, a site plan, and an | 16 | | elevation that sufficiently describes a proposed wireless | 17 | | facility location. | 18 | | (b) The county shall have 7 days to review the facility | 19 | | proposal and contact the telecommunications carrier in | 20 | | writing via e-mail or other written means as specified by | 21 | | the telecommunications carrier. This written communication | 22 | | shall either approve the proposed location or request a | 23 | | meeting to review other possible alternative locations. If |
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| 1 | | requested, the meeting shall take place within 7 days after | 2 | | the date of the written communication. | 3 | | (c) At the meeting, the telecommunications carrier | 4 | | shall provide the county documentation consisting of radio | 5 | | frequency engineering criteria and a corresponding | 6 | | telecommunications facility search ring map, together with | 7 | | documentation of the carrier's efforts to site the proposed | 8 | | facility within the telecommunications facility search | 9 | | ring. | 10 | | (d) Within 21 days after receipt of the carrier's | 11 | | documentation, the county shall propose either an | 12 | | alternative site within the telecommunications facility | 13 | | search ring, or an alternative site outside of the | 14 | | telecommunications search ring that meets the radio | 15 | | frequency engineering criteria provided by the | 16 | | telecommunications carrier and that will not materially | 17 | | increase the construction budget beyond what was estimated | 18 | | on the original carrier proposed site. | 19 | | (e) If the county's proposed alternative site meets the | 20 | | radio frequency engineering criteria provided by the | 21 | | telecommunications carrier, and will not materially | 22 | | increase the construction budget beyond what was estimated | 23 | | on the original carrier proposed site, then the | 24 | | telecommunications carrier shall agree to build the | 25 | | facility at the alternative location, subject to the | 26 | | negotiation of a lease with commercially reasonable terms |
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| 1 | | and the obtainment of the customary building permits. | 2 | | (f) If the telecommunications carrier can demonstrate | 3 | | that: (i) the county's proposed alternative site does not | 4 | | meet the radio frequency engineering criteria, (ii) the | 5 | | county's proposed alternative site will materially | 6 | | increase the construction budget beyond what was estimated | 7 | | on the original carrier proposed site, (iii) the county has | 8 | | failed to provide an alternative site, or (iv) after a | 9 | | period of 90 days after receipt of the alternative site, | 10 | | the telecommunications carrier has failed, after acting in | 11 | | good faith and with due diligence, to obtain a lease or, at | 12 | | a minimum, a letter of intent to lease the alternative site | 13 | | at lease rates not materially greater than the lease rate | 14 | | for the original proposed site; then the carrier can | 15 | | proceed to permit and construct the site under the | 16 | | provisions and standards of Section 5-12001.1 of this Code.
| 17 | | (Source: P.A. 98-197, eff. 8-9-13; 98-756, eff. 7-16-14.)".
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