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


Sen. Terry Link

Filed: 5/22/2017





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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 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 as well as any applicable fee for the review of such
23    "Authority" means a unit of local government that has
24jurisdiction and control for use of public rights-of-way as



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1provided by the Illinois Highway Code for placements within
2public rights-of-way or has zoning or land use control for
3placements not within public rights-of-way.
4    "Authority utility pole" means a utility pole owned or
5operated by an authority in public rights-of-way.
6    "Collocate" or "collocation" means to install, mount,
7maintain, modify, operate, or replace wireless facilities on or
8adjacent to a wireless support structure or utility pole.
9    "Communications service" means cable service, as defined
10in 47 U.S.C. 522(6), as amended; information service, as
11defined in 47 U.S.C. 153(24), as amended; telecommunications
12service, as defined in 47 U.S.C. 153(53), as amended; mobile
13service, as defined in 47 U.S.C. 153(33), as amended; or
14wireless service other than mobile service.
15    "Communications service provider" means a cable operator,
16as defined in 47 U.S.C. 522(5), as amended; a provider of
17information service, as defined in 47 U.S.C. 153(24), as
18amended; a telecommunications carrier, as defined in 47 U.S.C.
19153(51), as amended; or a wireless provider.
20    "FCC" means the Federal Communications Commission of the
21United States.
22    "Fee" means a one-time charge.
23    "Law" means a federal or State statute, common law, code,
24rule, regulation, order, or local ordinance or resolution.
25    "Micro wireless facility" means a small wireless facility
26that is not larger in dimension than 24 inches in length, 15



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



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



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



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1that the permits are of general applicability. An authority
2shall receive applications for, process, and issue permits
3subject 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
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,
18approval, or permit, or require any fees or other charges, by a
19communications service provider authorized to occupy the
20rights-of-way, for: (i) routine maintenance; (ii) the
21replacement of wireless facilities with wireless facilities
22that are substantially similar, the same size, or smaller; or
23(iii) the installation, placement, maintenance, operation, or
24replacement of micro wireless facilities that are suspended on
25cables that are strung between existing utility poles in
26compliance with applicable safety codes. However, an authority



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1may require a permit to work within rights-of-way for
2activities that affect traffic patterns or require lane
3closures. Any permits for work within rights-of-way shall be
4subject to the requirements provided in this Section.
5    (g) Nothing in this Act authorizes a person to collocate
6small wireless facilities on: (1) private property or a
7privately owned utility pole or wireless support structure
8without the consent of the property owner; (2) property owned,
9leased, or controlled by a park district, forest preserve
10district, or conservation district for public park,
11recreation, or conservation purposes without the consent of the
12affected district, excluding the placement of facilities on
13rights-of-way located in an affected district that are under
14the jurisdiction and control of a different unit of local
15government as provided by the Illinois Highway Code; or (3)
16property owned by a rail carrier registered under Section
1718c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or
18any other public commuter rail service, or an electric utility
19as defined in Section 16-102 of the Public Utilities Act,
20without the consent of the rail carrier, public commuter rail
21service, or electric utility. The provisions of this Act do not
22apply to an electric or gas public utility or such utility's
23wireless facilities if the facilities are being used,
24developed, and maintained consistent with the provisions of
25subsection (i) of Section 16-108.5 of the Public Utilities Act.
26For the purposes of this subsection, "public utility" has the



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1meaning given to that term in Section 3-105 of the Public
2Utilities Act.
3    (h) Agreements between authorities and wireless providers
4that relate to the collocation of small wireless facilities in
5the right-of-way, including the collocation of small wireless
6facilities on authority utility poles, that are in effect
7before the wireless provider accepts rates or fees under this
8Act remain in effect for all small wireless facilities
9collocated on the authority's utility poles pursuant to
10applications submitted to the authority before the effective
11date of this Act, subject to applicable termination provisions.
12The wireless provider may accept the rates, fees, and terms
13provided under this Act for the collocation of small wireless
14facilities that are the subject of an application submitted
15after the rates, fees, and terms become effective.
16    (i) An authority shall allow the collocation of small
17wireless facilities on authority utility poles subject to the
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
21wireless facilities on utility poles owned or controlled by the
22authority that are not located within rights-of-way to the same
23extent the authority permits access to utility poles for other
24commercial projects or uses. The collocations shall be subject
25to reasonable and nondiscriminatory rates, fees, and terms as
26provided in an agreement between the authority and the wireless



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2    (k) Nothing in this Section precludes an authority from
3adopting reasonable rules with respect to the removal of
4abandoned small wireless facilities. A small wireless facility
5that is not operated for a continuous period of 12 months shall
6be considered abandoned and the owner of the facility must
7remove the small wireless facility within 90 days after receipt
8of written notice from the authority notifying the owner of the
9abandonment. The notice shall be sent by certified or
10registered mail, return receipt requested, by the authority to
11the owner at the last known address of the owner.
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



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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, the authority shall allow the collocating person to
23collocate on its poles at annual rates of no more than $200 per
24year per utility pole, with rates to be determined upon final



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1resolution 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) During the period in which the wireless provider's
19facilities are located on the authority improvements or
20rights-of-way, the authority may require the wireless provider
21to carry, at the wireless provider's own cost and expense, the
22following insurance: (i) property insurance for its property's
23replacement cost against all risks; (ii) workers' compensation
24insurance, as required by law; or (iii) commercial general



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1liability insurance with respect to its activities on the
2authority improvements or rights-of-way to afford minimum
3protection limits consistent with its requirements of other
4users of authority improvements or rights-of-way, including
5coverage for bodily injury and property damage. An authority
6may require a wireless provider to include the authority as an
7additional insured on the commercial general liability policy
8and provide certification and documentation of inclusion of the
9authority in a commercial general liability policy as
10reasonably required by the authority.
11    (b) A wireless provider may self-insure all or a portion of
12the insurance coverage and limit requirements required by an
13authority. A wireless provider that self-insures is not
14required, to the extent of the self-insurance, to comply with
15the requirement for the naming of additional insureds under
16this Section. A wireless provider that elects to self-insure
17shall provide to the authority evidence sufficient to
18demonstrate its financial ability to self-insure the insurance
19coverage and limits required by the authority.
20    Section 40. Home rule. A home rule unit may not regulate
21small wireless facilities in a manner inconsistent with this
22Act. This Section is a limitation under subsection (i) of
23Section 6 of Article VII of the Illinois Constitution on the
24concurrent exercise by home rule units of powers and functions
25exercised 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
3Section 5-12001.2 as follows:
4    (55 ILCS 5/5-12001.2)
5    Sec. 5-12001.2. Regulation of telecommunications
6facilities; Lake County pilot project. In addition to any other
7requirements under this Division concerning the regulation of
8telecommunications facilities and except as provided by the
9Small Wireless Facilities Deployment Act, the following
10applies to any new telecommunications facilities in Lake County
11that 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.)".