Full Text of HB1738 102nd General Assembly
HB1738sam002 102ND GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 6/15/2021
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| 1 | | AMENDMENT TO HOUSE BILL 1738
| 2 | | AMENDMENT NO. ______. Amend House Bill 1738 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Small Wireless Facilities Deployment Act | 5 | | is reenacted and amended as follows: | 6 | | (50 ILCS 840/Act title) | 7 | | An Act concerning local government. | 8 | | (50 ILCS 840/1) (was 50 ILCS 835/1)
| 9 | | Sec. 1. Short title. This Act may be cited as the Small | 10 | | Wireless Facilities Deployment Act.
| 11 | | (Source: P.A. 100-585, eff. 6-1-18 .) | 12 | | (50 ILCS 840/5) (was 50 ILCS 835/5)
| 13 | | Sec. 5. Legislative intent. Small wireless facilities are | 14 | | critical to delivering wireless access to advanced technology, |
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| 1 | | broadband, and 9-1-1 services to homes, businesses, and | 2 | | schools in Illinois. Because of the integral role that the | 3 | | delivery of wireless technology plays in the economic vitality | 4 | | of the State of Illinois and in the lives of its citizens, the | 5 | | General Assembly has determined that a law addressing the | 6 | | deployment of wireless technology is of vital interest to the | 7 | | State. To ensure that public and private Illinois consumers | 8 | | continue to benefit from these services as soon as possible | 9 | | and to ensure that providers of wireless access have a fair and | 10 | | predictable process for the deployment of small wireless | 11 | | facilities in a manner consistent with the character of the | 12 | | area in which the small wireless facilities are deployed, the | 13 | | General Assembly is enacting this Act, which specifies how | 14 | | local authorities may regulate the collocation of small | 15 | | wireless facilities.
| 16 | | (Source: P.A. 100-585, eff. 6-1-18 .) | 17 | | (50 ILCS 840/7) (was 50 ILCS 835/7)
| 18 | | Sec. 7. Applicability. This Act does not apply to a | 19 | | municipality with a population of 1,000,000 or more.
| 20 | | (Source: P.A. 100-585, eff. 6-1-18 .) | 21 | | (50 ILCS 840/10) (was 50 ILCS 835/10)
| 22 | | Sec. 10. Definitions. As used in this Act: | 23 | | "Antenna" means communications equipment that transmits or | 24 | | receives electromagnetic radio frequency signals used in the |
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| 1 | | provision of wireless services. | 2 | | "Applicable codes" means uniform building, fire, | 3 | | electrical, plumbing, or mechanical codes adopted by a | 4 | | recognized national code organization or local amendments to | 5 | | those codes, including the National Electric Safety Code. | 6 | | "Applicant" means any person who submits an application | 7 | | and is a wireless provider. | 8 | | "Application" means a request submitted by an applicant to | 9 | | an authority for a permit to collocate small wireless | 10 | | facilities, and a request that includes the installation of a | 11 | | new utility pole for such collocation, as well as any | 12 | | applicable fee for the review of such application. | 13 | | "Authority" means a unit of local government that has | 14 | | jurisdiction and control for use of public rights-of-way as | 15 | | provided by the Illinois Highway Code for placements within | 16 | | public rights-of-way or has zoning or land use control for | 17 | | placements not within public rights-of-way. | 18 | | "Authority utility pole" means a utility pole owned or | 19 | | operated by an authority in public rights-of-way. | 20 | | "Collocate" or "collocation" means to install, mount, | 21 | | maintain, modify, operate, or replace wireless facilities on | 22 | | or adjacent to a wireless support structure or utility pole. | 23 | | "Communications service" means cable service, as defined | 24 | | in 47 U.S.C. 522(6), as amended; information service, as | 25 | | defined in 47 U.S.C. 153(24), as amended; telecommunications | 26 | | service, as defined in 47 U.S.C. 153(53), as amended; mobile |
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| 1 | | service, as defined in 47 U.S.C. 153(33), as amended; or | 2 | | wireless service other than mobile service. | 3 | | "Communications service provider" means a cable operator, | 4 | | as defined in 47 U.S.C. 522(5), as amended; a provider of | 5 | | information service, as defined in 47 U.S.C. 153(24), as | 6 | | amended; a telecommunications carrier, as defined in 47 U.S.C. | 7 | | 153(51), as amended; or a wireless provider. | 8 | | "FCC" means the Federal Communications Commission of the | 9 | | United States. | 10 | | "Fee" means a one-time charge. | 11 | | "Historic district" or "historic landmark" means a | 12 | | building, property, or site, or group of buildings, | 13 | | properties, or sites that are either (i) listed in the | 14 | | National Register of Historic Places or formally determined | 15 | | eligible for listing by the Keeper of the National Register, | 16 | | the individual who has been delegated the authority by the | 17 | | federal agency to list properties and determine their | 18 | | eligibility for the National Register, in accordance with | 19 | | Section VI.D.1.a.i through Section VI.D.1.a.v of the | 20 | | Nationwide Programmatic Agreement codified at 47 CFR Part 1, | 21 | | Appendix C; or (ii) designated as a locally landmarked | 22 | | building, property, site, or historic district by an ordinance | 23 | | adopted by the authority pursuant to a preservation program | 24 | | that meets the requirements of the Certified Local Government | 25 | | Program of the Illinois State Historic Preservation Office or | 26 | | where such certification of the preservation program by the |
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| 1 | | Illinois State Historic Preservation Office is pending. | 2 | | "Law" means a federal or State statute, common law, code, | 3 | | rule, regulation, order, or local ordinance or resolution. | 4 | | "Micro wireless facility" means a small wireless facility | 5 | | that is not larger in dimension than 24 inches in length, 15 | 6 | | inches in width, and 12 inches in height and that has an | 7 | | exterior antenna, if any, no longer than 11 inches. | 8 | | "Permit" means a written authorization required by an | 9 | | authority to perform an action or initiate, continue, or | 10 | | complete a project. | 11 | | "Person" means an individual, corporation, limited | 12 | | liability company, partnership, association, trust, or other | 13 | | entity or organization, including an authority. | 14 | | "Public safety agency" means the functional division of | 15 | | the federal government, the State, a unit of local government, | 16 | | or a special purpose district located in whole or in part | 17 | | within this State, that provides or has authority to provide | 18 | | firefighting, police, ambulance, medical, or other emergency | 19 | | services to respond to and manage emergency incidents. | 20 | | "Rate" means a recurring charge. | 21 | | "Right-of-way" means the area on, below, or above a public | 22 | | roadway, highway, street, public sidewalk, alley, or utility | 23 | | easement dedicated for compatible use. "Right-of-way" does not | 24 | | include authority-owned aerial lines.
| 25 | | "Small wireless facility" means a wireless facility that | 26 | | meets both of the following qualifications: (i) each antenna |
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| 1 | | is located inside an enclosure of no more than 6 cubic feet in | 2 | | volume or, in the case of an antenna that has exposed elements, | 3 | | the antenna and all of its exposed elements could fit within an | 4 | | imaginary enclosure of no more than 6 cubic feet; and (ii) all | 5 | | other wireless equipment attached directly to a utility pole | 6 | | associated with the facility is cumulatively no more than 25 | 7 | | cubic feet in volume. The following types of associated | 8 | | ancillary equipment are not included in the calculation of | 9 | | equipment volume: electric meter, concealment elements, | 10 | | telecommunications demarcation box, ground-based enclosures, | 11 | | grounding equipment, power transfer switch, cut-off switch, | 12 | | and vertical cable runs for the connection of power and other | 13 | | services. | 14 | | "Utility pole" means a pole or similar structure that is | 15 | | used in whole or in part by a communications service provider | 16 | | or for electric distribution, lighting, traffic control, or a | 17 | | similar function. | 18 | | "Wireless facility" means equipment at a fixed location | 19 | | that enables wireless communications between user equipment | 20 | | and a communications network, including: (i) equipment | 21 | | associated with wireless communications; and (ii) radio | 22 | | transceivers, antennas, coaxial or fiber-optic cable, regular | 23 | | and backup power supplies, and comparable equipment, | 24 | | regardless of technological configuration. "Wireless facility" | 25 | | includes small wireless facilities. "Wireless facility" does | 26 | | not include: (i) the structure or improvements on, under, or |
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| 1 | | within which the equipment is collocated; or (ii) wireline | 2 | | backhaul facilities, coaxial or fiber optic cable that is | 3 | | between wireless support structures or utility poles or | 4 | | coaxial, or fiber optic cable that is otherwise not | 5 | | immediately adjacent to or directly associated with an | 6 | | antenna.
| 7 | | "Wireless infrastructure provider" means any person | 8 | | authorized to provide telecommunications service in the State | 9 | | that builds or installs wireless communication transmission | 10 | | equipment, wireless facilities, wireless support structures, | 11 | | or utility poles and that is not a wireless services provider | 12 | | but is acting as an agent or a contractor for a wireless | 13 | | services provider for the application submitted to the | 14 | | authority. | 15 | | "Wireless provider" means a wireless infrastructure | 16 | | provider or a wireless services provider. | 17 | | "Wireless services" means any services provided to the | 18 | | general public, including a particular class of customers, and | 19 | | made available on a nondiscriminatory basis using licensed or | 20 | | unlicensed spectrum, whether at a fixed location or mobile, | 21 | | provided using wireless facilities.
| 22 | | "Wireless services provider" means a person who provides | 23 | | wireless services. | 24 | | "Wireless support structure" means a freestanding | 25 | | structure, such as a monopole; tower, either guyed or | 26 | | self-supporting; billboard; or other existing or proposed |
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| 1 | | structure designed to support or capable of supporting | 2 | | wireless facilities. "Wireless support structure" does not | 3 | | include a utility pole.
| 4 | | (Source: P.A. 100-585, eff. 6-1-18 .) | 5 | | (50 ILCS 840/15) (was 50 ILCS 835/15)
| 6 | | Sec. 15. Regulation of small wireless facilities. | 7 | | (a) This Section applies to activities of a wireless | 8 | | provider within or outside rights-of-way. | 9 | | (b) Except as provided in this Section, an authority may | 10 | | not prohibit, regulate, or charge for the collocation of small | 11 | | wireless facilities. | 12 | | (c) Small wireless facilities shall be classified as | 13 | | permitted uses and subject to administrative review in | 14 | | conformance with this Act, except as provided in paragraph (5) | 15 | | of subsection (d) of this Section regarding height exceptions | 16 | | or variances, but not subject to zoning review or approval if | 17 | | they are collocated (i) in rights-of-way in any zone, or (ii) | 18 | | outside rights-of-way in property zoned exclusively for | 19 | | commercial or industrial use. | 20 | | (d) An authority may require an applicant to obtain one or | 21 | | more permits to collocate a small wireless facility. An | 22 | | authority shall receive applications for, process, and issue | 23 | | permits subject to the following requirements: | 24 | | (1) An authority may not directly or indirectly | 25 | | require an applicant to perform services unrelated to the |
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| 1 | | collocation for which approval is sought, such as in-kind | 2 | | contributions to the authority, including reserving fiber, | 3 | | conduit, or utility pole space for the authority on the | 4 | | wireless provider's utility pole. An authority may reserve | 5 | | space on authority utility poles for future public safety | 6 | | uses or for the authority's electric utility uses, but a | 7 | | reservation of space may not preclude the collocation of a | 8 | | small wireless facility unless the authority reasonably | 9 | | determines that the authority utility pole cannot | 10 | | accommodate both uses. | 11 | | (2) An applicant shall not be required to provide more | 12 | | information to obtain a permit than the authority requires | 13 | | of a communications service provider that is not a | 14 | | wireless provider that requests to attach facilities to a | 15 | | structure; however, a wireless provider may be required to | 16 | | provide the following information when seeking a permit to | 17 | | collocate small wireless facilities on a utility pole or | 18 | | wireless support structure: | 19 | | (A) site specific structural integrity and, for an | 20 | | authority utility pole, make-ready analysis prepared | 21 | | by a structural engineer, as that term is defined in | 22 | | Section 4 of the Structural Engineering Practice Act | 23 | | of 1989; | 24 | | (B) the location where each proposed small | 25 | | wireless facility or utility pole would be installed | 26 | | and photographs of the location and its immediate |
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| 1 | | surroundings depicting the utility poles or structures | 2 | | on which each proposed small wireless facility would | 3 | | be mounted or location where utility poles or | 4 | | structures would be installed; | 5 | | (C) specifications and drawings prepared by a | 6 | | structural engineer, as that term is defined in | 7 | | Section 4 of the Structural Engineering Practice Act | 8 | | of 1989, for each proposed small wireless facility | 9 | | covered by the application as it is proposed to be | 10 | | installed; | 11 | | (D) the equipment type and model numbers for the | 12 | | antennas and all other wireless equipment associated | 13 | | with the small wireless facility; | 14 | | (E) a proposed schedule for the installation and | 15 | | completion of each small wireless facility covered by | 16 | | the application, if approved; | 17 | | (F) certification that the collocation complies | 18 | | with paragraph (6) to the best of the applicant's | 19 | | knowledge; and | 20 | | (G) the wireless provider's certification from a | 21 | | radio engineer that it operates the small wireless | 22 | | facility within all applicable FCC standards. | 23 | | (3) Subject to paragraph (6), an authority may not | 24 | | require the placement of small wireless facilities on any | 25 | | specific utility pole, or category of utility poles, or | 26 | | require multiple antenna systems on a single utility pole; |
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| 1 | | however, with respect to an application for the | 2 | | collocation of a small wireless facility associated with a | 3 | | new utility pole, an authority may propose that the small | 4 | | wireless facility be collocated on an existing utility | 5 | | pole or existing wireless support structure within 200 | 6 | | feet of the proposed collocation, which the applicant | 7 | | shall accept if it has the right to use the alternate | 8 | | structure on reasonable terms and conditions and the | 9 | | alternate location and structure does not impose technical | 10 | | limits or additional material costs as determined by the | 11 | | applicant. The authority may require the applicant to | 12 | | provide a written certification describing the property | 13 | | rights, technical limits or material cost reasons the | 14 | | alternate location does not satisfy the criteria in this | 15 | | paragraph (3). | 16 | | (4) Subject to paragraph (6), an authority may not | 17 | | limit the placement of small wireless facilities mounted | 18 | | on a utility pole or a wireless support structure by | 19 | | minimum horizontal separation distances. | 20 | | (5) An authority may limit the maximum height of a | 21 | | small wireless facility to 10 feet above the utility pole | 22 | | or wireless support structure on which the small wireless | 23 | | facility is collocated. Subject to any applicable waiver, | 24 | | zoning, or other process that addresses wireless provider | 25 | | requests for an exception or variance and does not | 26 | | prohibit granting of such exceptions or variances, the |
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| 1 | | authority may limit the height of new or replacement | 2 | | utility poles or wireless support structures on which | 3 | | small wireless facilities are collocated to the higher of: | 4 | | (i) 10 feet in height above the tallest existing utility | 5 | | pole, other than a utility pole supporting only wireless | 6 | | facilities, that is in place on the date the application | 7 | | is submitted to the authority, that is located within 300 | 8 | | feet of the new or replacement utility pole or wireless | 9 | | support structure and that is in the same right-of-way | 10 | | within the jurisdictional boundary of the authority, | 11 | | provided the authority may designate which intersecting | 12 | | right-of-way within 300 feet of the proposed
utility pole | 13 | | or wireless support structures shall control the height | 14 | | limitation for such facility; or (ii) 45 feet above ground | 15 | | level. | 16 | | (6) An authority may require that: | 17 | | (A) the wireless provider's operation of the small | 18 | | wireless facilities does not interfere with the | 19 | | frequencies used by a public safety agency for public | 20 | | safety communications; a wireless provider shall | 21 | | install small wireless facilities of the type and | 22 | | frequency that will not cause unacceptable | 23 | | interference with a public safety agency's | 24 | | communications equipment; unacceptable interference | 25 | | will be determined by and measured in accordance with | 26 | | industry standards and the FCC's regulations |
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| 1 | | addressing unacceptable interference to public safety | 2 | | spectrum or any other spectrum licensed by a public | 3 | | safety agency; if a small wireless facility causes | 4 | | such interference, and the wireless provider has been | 5 | | given written notice of the interference by the public | 6 | | safety agency, the wireless provider, at its own | 7 | | expense, shall take all reasonable steps necessary to | 8 | | correct and eliminate the interference, including, but | 9 | | not limited to, powering down the small wireless | 10 | | facility and later powering up the small wireless | 11 | | facility for intermittent testing, if necessary; the | 12 | | authority may terminate a permit for a small wireless | 13 | | facility based on such interference if the wireless | 14 | | provider is not making a good faith effort to remedy | 15 | | the problem in a manner consistent with the abatement | 16 | | and resolution procedures for interference with public | 17 | | safety spectrum established by the FCC including 47 | 18 | | CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 | 19 | | through 47 CFR 90.675; | 20 | | (B) the wireless provider comply with requirements | 21 | | that are imposed by a contract between an authority | 22 | | and a private property owner that concern design or | 23 | | construction standards applicable to utility poles and | 24 | | ground-mounted equipment located in the right-of-way; | 25 | | (C) the wireless provider comply with applicable | 26 | | spacing requirements in applicable codes and |
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| 1 | | ordinances concerning the location of ground-mounted | 2 | | equipment located in the right-of-way if the | 3 | | requirements include a waiver, zoning, or other | 4 | | process that addresses wireless provider requests for | 5 | | exception or variance and do not prohibit granting of | 6 | | such exceptions or variances; | 7 | | (D) the wireless provider comply with local code | 8 | | provisions or regulations concerning undergrounding | 9 | | requirements that prohibit the installation of new or | 10 | | the modification of existing utility poles in a | 11 | | right-of-way without prior approval if the | 12 | | requirements include a waiver, zoning, or other | 13 | | process that addresses requests to install such new | 14 | | utility poles or modify such existing utility poles | 15 | | and do not prohibit the replacement of utility poles; | 16 | | (E) the wireless provider comply with generally | 17 | | applicable standards that are consistent with this Act | 18 | | and adopted by an authority for construction and | 19 | | public safety in the rights-of-way, including, but not | 20 | | limited to, reasonable and nondiscriminatory wiring | 21 | | and cabling requirements, grounding requirements, | 22 | | utility pole extension requirements, acoustic | 23 | | regulations, and signage limitations; and shall comply | 24 | | with reasonable and nondiscriminatory requirements | 25 | | that are consistent with this Act and adopted by an | 26 | | authority regulating the location, size, surface area |
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| 1 | | and height of small wireless facilities, or the | 2 | | abandonment and removal of small wireless facilities; | 3 | | (F) the wireless provider not collocate small | 4 | | wireless facilities on authority utility poles that | 5 | | are part of an electric distribution or transmission | 6 | | system within the communication worker safety zone of | 7 | | the pole or the electric supply zone of the pole; | 8 | | however, the antenna and support equipment of the | 9 | | small wireless facility may be located in the | 10 | | communications space on the authority utility pole and | 11 | | on the top of the pole, if not otherwise unavailable, | 12 | | if the wireless provider complies with applicable | 13 | | codes for work involving the top of the pole; for | 14 | | purposes of this subparagraph (F), the terms | 15 | | "communications space", "communication worker safety | 16 | | zone", and "electric supply zone" have the meanings | 17 | | given to those terms in the National Electric Safety | 18 | | Code as published by the Institute of Electrical and | 19 | | Electronics Engineers; | 20 | | (G) the wireless provider comply with the | 21 | | applicable codes and local code provisions or | 22 | | regulations that concern public safety;
| 23 | | (H) the wireless provider comply with written | 24 | | design standards that are generally applicable for | 25 | | decorative utility poles, or reasonable stealth, | 26 | | concealment, and aesthetic requirements that are |
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| 1 | | identified by the authority in an ordinance, written | 2 | | policy adopted by the governing board of the | 3 | | authority, a comprehensive plan, or other written | 4 | | design plan that applies to other occupiers of the | 5 | | rights-of-way, including on a historic landmark or in | 6 | | a historic district;
| 7 | | (I) subject to subsection (c) of this Section, and | 8 | | except for facilities excluded from evaluation for | 9 | | effects on historic properties
under 47 CFR | 10 | | 1.1307(a)(4), reasonable, technically feasible and | 11 | | non-discriminatory design or concealment measures in a | 12 | | historic district or historic landmark; any such | 13 | | design or concealment measures, including restrictions | 14 | | on a specific category of poles, may not have the | 15 | | effect of prohibiting any provider's technology; such | 16 | | design and concealment measures shall not be | 17 | | considered a part of the small wireless facility for | 18 | | purposes of the size restrictions of a small wireless | 19 | | facility; this paragraph may not be construed to limit | 20 | | an authority's enforcement of historic preservation in | 21 | | conformance with the requirements adopted pursuant to | 22 | | the Illinois State Agency Historic Resources | 23 | | Preservation Act or the National Historic Preservation | 24 | | Act of 1966, 54 U.S.C. Section 300101 et seq., and the | 25 | | regulations adopted to implement those laws; and
| 26 | | (J) When a wireless provider replaces or adds a |
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| 1 | | new radio transceiver or antennas to an existing small | 2 | | wireless facility, certification by the wireless | 3 | | provider from a radio engineer that the continuing | 4 | | operation of the small wireless facility complies with | 5 | | all applicable FCC standards. | 6 | | (7) Within 30 days after receiving an application, an | 7 | | authority must determine whether the application is | 8 | | complete and notify the applicant. If an application is | 9 | | incomplete, an authority must specifically identify the | 10 | | missing information. An application shall be deemed | 11 | | complete if the authority fails to provide notification to | 12 | | the applicant within 30 days after when all documents, | 13 | | information, and fees specifically enumerated in the | 14 | | authority's permit application form are submitted by the | 15 | | applicant to the authority. Processing deadlines are | 16 | | tolled from the time the authority sends the notice of | 17 | | incompleteness to the time the applicant provides the | 18 | | missing information. | 19 | | (8) An authority shall process applications as | 20 | | follows: | 21 | | (A) an application to collocate a small wireless | 22 | | facility on an existing utility pole or wireless | 23 | | support structure shall be processed on a | 24 | | nondiscriminatory basis and deemed approved if the | 25 | | authority fails to approve or deny the application | 26 | | within 90 days; however, if an applicant intends to |
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| 1 | | proceed with the permitted activity on a deemed | 2 | | approved basis, the applicant must notify the | 3 | | authority in writing of its intention to invoke the | 4 | | deemed approved remedy no sooner than 75 days after | 5 | | the submission of a completed application; the permit | 6 | | shall be deemed approved on the latter of the 90th day | 7 | | after submission of the complete application or the | 8 | | 10th day after the receipt of the deemed approved | 9 | | notice by the authority; the receipt of the deemed | 10 | | approved notice shall not preclude the authority's | 11 | | denial of the permit request within the time limits as | 12 | | provided under this Act; and | 13 | | (B) an application to collocate a small wireless | 14 | | facility that includes the installation of a new | 15 | | utility pole shall be processed on a nondiscriminatory | 16 | | basis and deemed approved if the authority fails to | 17 | | approve or deny the application within 120 days; | 18 | | however, if an applicant intends to proceed with the | 19 | | permitted activity on a deemed approved basis, the | 20 | | applicant must notify the authority in writing of its | 21 | | intention to invoke the deemed approved remedy no | 22 | | sooner than 105 days after the submission of a | 23 | | completed application; the permit shall be deemed | 24 | | approved on the latter of the 120th day after | 25 | | submission of the complete application or the 10th day | 26 | | after the receipt of the deemed approved notice by the |
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| 1 | | authority; the receipt of the deemed approved notice | 2 | | shall not preclude the authority's denial of the | 3 | | permit request within the time limits as provided | 4 | | under this Act. | 5 | | (9) An authority shall approve an application unless | 6 | | the application does not meet the requirements of this | 7 | | Act. If an authority determines that applicable codes, | 8 | | local code provisions or regulations that concern public | 9 | | safety, or the requirements of paragraph (6) require that | 10 | | the utility pole or wireless support structure be replaced | 11 | | before the requested collocation, approval may be | 12 | | conditioned on the replacement of the utility pole or | 13 | | wireless support structure at the cost of the provider. | 14 | | The authority must document the basis for a denial, | 15 | | including the specific code provisions or application | 16 | | conditions on which the denial was based, and send the | 17 | | documentation to the applicant on or before the day the | 18 | | authority denies an application. The applicant may cure | 19 | | the deficiencies identified by the authority and resubmit | 20 | | the revised application once within 30 days after notice | 21 | | of denial is sent to the applicant without paying an | 22 | | additional application fee. The authority shall approve or | 23 | | deny the revised application within 30 days after the | 24 | | applicant resubmits the application or it is deemed | 25 | | approved; however, the applicant must notify the authority | 26 | | in writing of its intention to proceed with the permitted |
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| 1 | | activity on a deemed approved basis, which may be | 2 | | submitted with the resubmitted application. Any subsequent | 3 | | review shall be limited to the deficiencies cited in the | 4 | | denial. However, this revised application cure does not | 5 | | apply if the cure requires the review of a new location, | 6 | | new or different structure to be collocated upon, new | 7 | | antennas, or other wireless equipment associated with the | 8 | | small wireless facility. | 9 | | (10) The time period for applications may be further | 10 | | tolled by: | 11 | | (A) the express agreement in writing by both the | 12 | | applicant and the authority; or | 13 | | (B) a local, State, or federal disaster | 14 | | declaration or similar emergency that causes the | 15 | | delay. | 16 | | (11) An applicant seeking to collocate small wireless | 17 | | facilities within the jurisdiction of a single authority | 18 | | shall be allowed, at the applicant's discretion, to file a | 19 | | consolidated application and receive a single permit for | 20 | | the collocation of up to 25 small wireless facilities if | 21 | | the collocations each involve substantially the same type | 22 | | of small wireless facility and substantially the same type | 23 | | of structure. If an application includes multiple small | 24 | | wireless facilities, the authority may remove small | 25 | | wireless facility collocations from the application and | 26 | | treat separately small wireless facility collocations for |
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| 1 | | which incomplete information has been provided or that do | 2 | | not qualify for consolidated treatment or that are denied. | 3 | | The authority may issue separate permits for each | 4 | | collocation that is approved in a consolidated | 5 | | application. | 6 | | (12) Collocation for which a permit is granted shall | 7 | | be completed within 180 days after issuance of the permit, | 8 | | unless the authority and the wireless provider agree to | 9 | | extend this period or a delay is caused by make-ready work | 10 | | for an authority utility pole or by the lack of commercial | 11 | | power or backhaul availability at the site, provided the | 12 | | wireless provider has made a timely request within 60 days | 13 | | after the issuance of the permit for commercial power or | 14 | | backhaul services, and the additional time to complete | 15 | | installation does not exceed 360 days after issuance of | 16 | | the permit. Otherwise, the permit shall be void unless the | 17 | | authority grants an extension in writing to the applicant. | 18 | | (13) The duration of a permit shall be for a period of | 19 | | not less than 5 years, and the permit shall be renewed for | 20 | | equivalent durations unless the authority makes a finding | 21 | | that the small wireless facilities or the new or modified | 22 | | utility pole do not comply with the applicable codes or | 23 | | local code provisions or regulations in paragraphs (6) and | 24 | | (9). If this Act is repealed as provided in Section 90, | 25 | | renewals of permits shall be subject to the applicable | 26 | | authority code provisions or regulations in effect at the |
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| 1 | | time of renewal. | 2 | | (14) An authority may not prohibit, either expressly | 3 | | or de facto, the (i) filing, receiving, or processing | 4 | | applications, or (ii) issuing of permits or other | 5 | | approvals, if any, for the collocation of small wireless | 6 | | facilities unless there has been a local, State, or | 7 | | federal disaster declaration or similar emergency that | 8 | | causes the delay. | 9 | | (15) Applicants shall submit applications, supporting | 10 | | information, and notices by personal delivery or as | 11 | | otherwise required by the authority. An authority may | 12 | | require that permits, supporting information, and notices | 13 | | be submitted by personal delivery at the authority's | 14 | | designated place of business, by regular mail postmarked | 15 | | on the date due, or by any other commonly used means, | 16 | | including electronic mail, as required by the authority. | 17 | | (e) Application fees are subject to the following | 18 | | requirements: | 19 | | (1) An authority may charge an application fee of up | 20 | | to $650 for an application to collocate a single small | 21 | | wireless facility on an existing utility pole or wireless | 22 | | support structure and up to $350 for each small wireless | 23 | | facility addressed in an application to collocate more | 24 | | than one small wireless facility on existing utility poles | 25 | | or wireless support structures. | 26 | | (2) An authority may charge an application fee of |
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| 1 | | $1,000 for each small wireless facility addressed in an | 2 | | application that includes the installation of a new | 3 | | utility for such collocation. | 4 | | (3) Notwithstanding any contrary provision of State | 5 | | law or local ordinance, applications pursuant to this | 6 | | Section must be accompanied by the required application | 7 | | fee.
| 8 | | (4) Within 2 months after the effective date of this | 9 | | Act, an authority shall make available application fees | 10 | | consistent with this subsection, through ordinance, or in | 11 | | a written schedule of permit fees adopted by the | 12 | | authority.
| 13 | | (f) An authority shall not require an application, | 14 | | approval, or permit, or require any fees or other charges, | 15 | | from a communications service provider authorized to occupy | 16 | | the rights-of-way, for: (i) routine maintenance; (ii) the | 17 | | replacement of wireless facilities with wireless facilities | 18 | | that are substantially similar, the same size, or smaller if | 19 | | the wireless provider notifies the authority at least 10 days | 20 | | prior to the planned replacement and includes equipment | 21 | | specifications for the replacement of equipment consistent | 22 | | with the requirements of subparagraph (D) of paragraph (2) of | 23 | | subsection (d) of this Section; or (iii) the installation, | 24 | | placement, maintenance, operation, or replacement of micro | 25 | | wireless facilities that are suspended on cables that are | 26 | | strung between existing utility poles in compliance with |
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| 1 | | applicable safety codes. However, an authority may require a | 2 | | permit to work within rights-of-way for activities that affect | 3 | | traffic patterns or require lane closures. | 4 | | (g) Nothing in this Act authorizes a person to collocate | 5 | | small wireless facilities on: (1) property owned by a private | 6 | | party or property owned or controlled by a unit of local | 7 | | government that is not located within rights-of-way, subject | 8 | | to subsection (j) of this Section, or a privately owned | 9 | | utility pole or wireless support structure without the consent | 10 | | of the property owner; (2) property owned, leased, or | 11 | | controlled by a park district, forest preserve district, or | 12 | | conservation district for public park, recreation, or | 13 | | conservation purposes without the consent of the affected | 14 | | district, excluding the placement of facilities on | 15 | | rights-of-way located in an affected district that are under | 16 | | the jurisdiction and control of a different unit of local | 17 | | government as provided by the Illinois Highway Code; or (3) | 18 | | property owned by a rail carrier registered under Section | 19 | | 18c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or | 20 | | any other public commuter rail service, or an electric utility | 21 | | as defined in Section 16-102 of the Public Utilities Act, | 22 | | without the consent of the rail carrier, public commuter rail | 23 | | service, or electric utility. The provisions of this Act do | 24 | | not apply to an electric or gas public utility or such | 25 | | utility's wireless facilities if the facilities are being | 26 | | used, developed, and maintained consistent with the provisions |
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| 1 | | of subsection (i) of Section 16-108.5 of the Public Utilities | 2 | | Act. | 3 | | For the purposes of this subsection, "public utility" has | 4 | | the meaning given to that term in Section 3-105 of the Public | 5 | | Utilities Act. Nothing in this Act shall be construed to | 6 | | relieve any person from any requirement (1) to obtain a | 7 | | franchise or a State-issued authorization to offer cable | 8 | | service or video service or (2) to obtain any required | 9 | | permission to install, place, maintain, or operate | 10 | | communications facilities, other than small wireless | 11 | | facilities subject to this Act. | 12 | | (h) Agreements between authorities and wireless providers | 13 | | that relate to the collocation of small wireless facilities in | 14 | | the right-of-way, including the collocation of small wireless | 15 | | facilities on authority utility poles, that are in effect on | 16 | | the effective date of this Act remain in effect for all small | 17 | | wireless facilities collocated on the authority's utility | 18 | | poles pursuant to applications submitted to the authority | 19 | | before the effective date of this Act, subject to applicable | 20 | | termination provisions. Such agreements entered into after the | 21 | | effective date of the Act shall comply with the Act. | 22 | | (i) An authority shall allow the collocation of small | 23 | | wireless facilities on authority utility poles subject to the | 24 | | following: | 25 | | (1) An authority may not enter into an exclusive | 26 | | arrangement with any person for the right to attach small |
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| 1 | | wireless facilities to authority utility poles. | 2 | | (2) The rates and fees for collocations on authority | 3 | | utility poles shall be nondiscriminatory regardless of the | 4 | | services provided by the collocating person. | 5 | | (3) An authority may charge an annual recurring rate | 6 | | to collocate a small wireless facility on an authority | 7 | | utility pole located in a right-of-way that equals (i) | 8 | | $200 per year or (ii) the actual, direct, and reasonable | 9 | | costs related to the wireless provider's use of space on | 10 | | the authority utility pole. Rates for collocation on | 11 | | authority utility poles located outside of a right-of-way | 12 | | are not subject to these limitations. In any controversy | 13 | | concerning the appropriateness of a cost-based rate for an | 14 | | authority utility pole located within a right-of-way, the | 15 | | authority shall have the burden of proving that the rate | 16 | | does not exceed the actual, direct, and reasonable costs | 17 | | for the applicant's proposed use of the authority utility | 18 | | pole. Nothing in this paragraph (3) prohibits a wireless | 19 | | provider and an authority from mutually agreeing to an | 20 | | annual recurring rate of less than $200 to collocate a | 21 | | small wireless facility on an authority utility pole. | 22 | | (4) Authorities or other persons owning or controlling | 23 | | authority utility poles within the right-of-way shall | 24 | | offer rates, fees, and other terms that comply with | 25 | | subparagraphs (A) through (E) of this paragraph (4). | 26 | | Within 2 months after the effective date of this Act, an |
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| 1 | | authority or a person owning or controlling authority | 2 | | utility poles shall make available, through ordinance or | 3 | | an authority utility pole attachment agreement, license or | 4 | | other agreement that makes available to wireless | 5 | | providers, the rates, fees, and terms for the collocation | 6 | | of small wireless facilities on authority utility poles | 7 | | that comply with this Act and with subparagraphs (A) | 8 | | through (E) of this paragraph (4). In the absence of such | 9 | | an ordinance or agreement that complies with this Act, and | 10 | | until such a compliant ordinance or agreement is adopted, | 11 | | wireless providers may collocate small wireless facilities | 12 | | and install utility poles under the requirements of this | 13 | | Act. | 14 | | (A) The rates, fees, and terms must be | 15 | | nondiscriminatory, competitively neutral, and | 16 | | commercially reasonable, and may address, among other | 17 | | requirements, the requirements in subparagraphs (A) | 18 | | through (I) of paragraph (6) of subsection (d) of this | 19 | | Section; subsections (e), (i), and (k) of this | 20 | | Section; Section 30; and Section 35, and must comply | 21 | | with this Act. | 22 | | (B) For authority utility poles that support | 23 | | aerial facilities used to provide communications | 24 | | services or electric service, wireless providers shall | 25 | | comply with the process for make-ready work under 47 | 26 | | U.S.C. 224 and its implementing regulations, and the |
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| 1 | | authority shall follow a substantially similar process | 2 | | for make-ready work except to the extent that the | 3 | | timing requirements are otherwise addressed in this | 4 | | Act. The good-faith estimate of the person owning or | 5 | | controlling the authority utility pole for any | 6 | | make-ready work necessary to enable the pole to | 7 | | support the requested collocation shall include | 8 | | authority utility pole replacement, if necessary. | 9 | | (C) For authority utility poles that do not | 10 | | support aerial facilities used to provide | 11 | | communications services or electric service, the | 12 | | authority shall provide a good-faith estimate for any | 13 | | make-ready work necessary to enable the authority | 14 | | utility pole to support the requested collocation, | 15 | | including pole replacement, if necessary, within 90 | 16 | | days after receipt of a complete application. | 17 | | Make-ready work, including any authority utility pole | 18 | | replacement, shall be completed within 60 days of | 19 | | written acceptance of the good-faith estimate by the | 20 | | applicant at the wireless provider's sole cost and | 21 | | expense. Alternatively, if the authority determines | 22 | | that applicable codes or public safety regulations | 23 | | require the authority utility pole to be replaced to | 24 | | support the requested collocation, the authority may | 25 | | require the wireless provider to replace the authority | 26 | | utility pole at the wireless provider's sole cost and |
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| 1 | | expense. | 2 | | (D) The authority shall not require more | 3 | | make-ready work than required to meet applicable codes | 4 | | or industry standards. Make-ready work may include | 5 | | work needed to accommodate additional public safety | 6 | | communications needs that are identified in a | 7 | | documented and approved plan for the deployment of | 8 | | public safety equipment as specified in paragraph (1) | 9 | | of subsection (d) of this Section and included in an | 10 | | existing or preliminary authority or public service | 11 | | agency budget for attachment within one year of the | 12 | | application. Fees for make-ready work, including any | 13 | | authority utility 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. Make-ready work, including any pole | 20 | | replacement, shall be completed within 60 days of | 21 | | written acceptance of the good-faith estimate by the | 22 | | wireless provider, at its sole cost and expense. | 23 | | (E) A wireless provider that has an existing | 24 | | agreement with the authority on the effective date of | 25 | | the Act may accept the rates, fees, and terms that an | 26 | | authority makes available under this Act for the |
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| 1 | | collocation of small wireless facilities or the | 2 | | installation of new utility poles for the collocation | 3 | | of small wireless facilities that are the subject of | 4 | | an application submitted 2 or more years after the | 5 | | effective date of the Act as provided in this | 6 | | paragraph (4) by notifying the authority that it opts | 7 | | to accept such rates, fees, and terms. The existing | 8 | | agreement remains in effect, subject to applicable | 9 | | termination provisions, for the small wireless | 10 | | facilities the wireless provider has collocated on the | 11 | | authority's utility poles pursuant to applications | 12 | | submitted to the authority before the wireless | 13 | | provider provides such notice and exercises its option | 14 | | under this subparagraph. | 15 | | (j) An authority shall authorize the collocation of small | 16 | | wireless facilities on utility poles owned or controlled by | 17 | | the authority that are not located within rights-of-way to the | 18 | | same extent the authority currently permits access to utility | 19 | | poles for other commercial projects or uses. The collocations | 20 | | shall be subject to reasonable and nondiscriminatory rates, | 21 | | fees, and terms as provided in an agreement between the | 22 | | authority and the wireless provider. | 23 | | (k) Nothing in this Section precludes an authority from | 24 | | adopting reasonable rules with respect to the removal of | 25 | | abandoned small wireless facilities. A small wireless facility | 26 | | that is not operated for a continuous period of 12 months shall |
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| 1 | | be considered abandoned and the owner of the facility must | 2 | | remove the small wireless facility within 90 days after | 3 | | receipt of written notice from the authority notifying the | 4 | | owner of the abandonment. The notice shall be sent by | 5 | | certified or registered mail, return receipt requested, by the | 6 | | authority to the owner at the last known address of the owner. | 7 | | If the small wireless facility is not removed within 90 days of | 8 | | such notice, the authority may remove or cause the removal of | 9 | | the facility pursuant to the terms of its pole attachment | 10 | | agreement for authority utility poles or through whatever | 11 | | actions are provided for abatement of nuisances or by other | 12 | | law for removal and cost recovery. An authority may require a | 13 | | wireless provider to provide written notice to the authority | 14 | | if it sells or transfers small wireless facilities subject to | 15 | | this Act within the jurisdictional boundary of the authority. | 16 | | Such notice shall include the name and contact information of | 17 | | the new wireless provider. | 18 | | (l) Nothing in this Section requires an authority to | 19 | | install or maintain any specific utility pole or to continue | 20 | | to install or maintain utility poles in any location if the | 21 | | authority makes a non-discriminatory decision to eliminate | 22 | | above-ground utility poles of a particular type generally, | 23 | | such as electric utility poles, in all or a significant | 24 | | portion of its geographic jurisdiction. For authority utility | 25 | | poles with collocated small wireless facilities in place when | 26 | | an authority makes a decision to eliminate above-ground |
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| 1 | | utility poles of a particular type generally, the authority | 2 | | shall either (i) continue to maintain the authority utility | 3 | | pole or install and maintain a reasonable alternative utility | 4 | | pole or wireless support structure for the collocation of the | 5 | | small wireless facility, or (ii) offer to sell the utility | 6 | | pole to the wireless provider at a reasonable cost or allow the | 7 | | wireless provider to install its own utility pole so it can | 8 | | maintain service from that location.
| 9 | | (Source: P.A. 102-9, eff. 6-3-21.) | 10 | | (50 ILCS 840/20) (was 50 ILCS 835/20)
| 11 | | Sec. 20. Local authority. Subject to this Act and | 12 | | applicable federal law, an authority may continue to exercise | 13 | | zoning, land use, planning, and permitting authority within | 14 | | its territorial boundaries, including with respect to wireless | 15 | | support structures and utility poles; except that no authority | 16 | | shall have or exercise any jurisdiction or authority over the | 17 | | design, engineering, construction, installation, or operation | 18 | | of any small wireless facility located in an interior | 19 | | structure or upon the site of any campus, stadium, or athletic | 20 | | facility not otherwise owned or controlled by the authority, | 21 | | other than to comply with applicable codes and local code | 22 | | provisions concerning public safety. Nothing in this Act | 23 | | authorizes the State or any political subdivision, including | 24 | | an authority, to require wireless facility deployment or to | 25 | | regulate wireless services.
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| 1 | | (Source: P.A. 100-585, eff. 6-1-18 .) | 2 | | (50 ILCS 840/25) (was 50 ILCS 835/25)
| 3 | | Sec. 25. Dispute resolution. A circuit court has | 4 | | jurisdiction to resolve all disputes arising under this Act. | 5 | | Pending resolution of a dispute concerning rates for | 6 | | collocation of small wireless facilities on authority utility | 7 | | poles within the right-of-way, the authority shall allow the | 8 | | collocating person to collocate on its poles at annual rates | 9 | | of no more than $200 per year per authority utility pole, with | 10 | | rates to be determined upon final resolution of the dispute.
| 11 | | (Source: P.A. 100-585, eff. 6-1-18 .) | 12 | | (50 ILCS 840/30) (was 50 ILCS 835/30)
| 13 | | Sec. 30. Indemnification. A wireless provider shall | 14 | | indemnify and hold an authority harmless against any and all | 15 | | liability or loss from personal injury or property damage | 16 | | resulting from or arising out of, in whole or in part, the use | 17 | | or occupancy of the authority improvements or right-of-way | 18 | | associated with such improvements by the wireless provider or | 19 | | its employees, agents, or contractors arising out of the | 20 | | rights and privileges granted under this Act. A wireless | 21 | | provider has no obligation to indemnify or hold harmless | 22 | | against any liabilities and losses as may be due to or caused | 23 | | by the sole negligence of the authority or its employees or | 24 | | agents. A wireless provider shall further waive any claims |
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| 1 | | that they may have against an authority with respect to | 2 | | consequential, incidental, or special damages, however caused, | 3 | | based on the theory of liability.
| 4 | | (Source: P.A. 100-585, eff. 6-1-18 .) | 5 | | (50 ILCS 840/35) (was 50 ILCS 835/35)
| 6 | | Sec. 35. Insurance. | 7 | | (a) Except for a wireless provider with an existing | 8 | | franchise to occupy and operate in the rights-of-way, during | 9 | | the period in which the wireless provider's facilities are | 10 | | located on the authority improvements or rights-of-way, the | 11 | | authority may require the wireless provider to carry, at the | 12 | | wireless provider's own cost and expense, the following | 13 | | insurance: (i) property insurance for its property's | 14 | | replacement cost against all risks; (ii) workers' compensation | 15 | | insurance, as required by law; or (iii) commercial general | 16 | | liability insurance with respect to its activities on the | 17 | | authority improvements or rights-of-way to afford minimum | 18 | | protection limits consistent with its requirements of other | 19 | | users of authority improvements or rights-of-way, including | 20 | | coverage for bodily injury and property damage. An authority | 21 | | may require a wireless provider to include the authority as an | 22 | | additional insured on the commercial general liability policy | 23 | | and provide certification and documentation of inclusion of | 24 | | the authority in a commercial general liability policy as | 25 | | reasonably required by the authority. |
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| 1 | | (b) A wireless provider may self-insure all or a portion | 2 | | of the insurance coverage and limit requirements required by | 3 | | an authority. A wireless provider that self-insures is not | 4 | | required, to the extent of the self-insurance, to comply with | 5 | | the requirement for the naming of additional insureds under | 6 | | this Section. A wireless provider that elects to self-insure | 7 | | shall provide to the authority evidence sufficient to | 8 | | demonstrate its financial ability to self-insure the insurance | 9 | | coverage and limits required by the authority.
| 10 | | (Source: P.A. 100-585, eff. 6-1-18 .) | 11 | | (50 ILCS 840/40) (was 50 ILCS 835/40)
| 12 | | Sec. 40. Home rule. A home rule unit may not regulate small | 13 | | wireless facilities in a manner inconsistent with this Act. | 14 | | This Section is a limitation under subsection (i) of Section 6 | 15 | | of Article VII of the Illinois Constitution on the concurrent | 16 | | exercise by home rule units of powers and functions exercised | 17 | | by the State.
| 18 | | (Source: P.A. 100-585, eff. 6-1-18 .) | 19 | | (50 ILCS 840/45) | 20 | | Sec. 45. Continuation of Act; validation. | 21 | | (a) The General Assembly finds and declares that Public | 22 | | Act 102-9 and this
amendatory Act of the 102nd General | 23 | | Assembly manifest this
amendatory Act of the 102nd General | 24 | | Assembly manifests the
intention of the General Assembly to |
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| 1 | | extend the repeal of this
Act and have this Act continue in | 2 | | effect until December 31, 2024. | 3 | | (b) This Act is Section shall be deemed to have been in | 4 | | continuous
effect since June 1, 2021 and it shall continue to | 5 | | be in effect
henceforward until it is otherwise lawfully | 6 | | repealed. The changes made to this Act by Public Act 102-9 All
| 7 | | previously enacted amendments to this Act taking effect on or
| 8 | | after June 1, 2021, are hereby validated. All actions taken in | 9 | | reliance on or under this Act by any person or entity are | 10 | | hereby validated. | 11 | | (c) Public Act 102-9 was intended to reenact this Act, but | 12 | | it did not set forth this Act in full. To ensure the continuing | 13 | | effectiveness of this
Act, this Act is set forth in full and | 14 | | reenacted by this amendatory
Act of the 102nd General | 15 | | Assembly. In order to ensure the continuing effectiveness of | 16 | | this
Act, it is set forth in full and reenacted by this | 17 | | amendatory
Act of the 102nd General Assembly. Striking and | 18 | | underscoring
are used only to show changes being made to the | 19 | | base text. This
reenactment is intended as a continuation of | 20 | | this Act. This
reenactment is
not intended to supersede any | 21 | | amendment to this Act that may be
made by any other Public Act | 22 | | of the 102nd General Assembly. This
reenactment is intended as | 23 | | a continuation of this Act. It is
not intended to supersede any | 24 | | amendment to this Act that is
enacted by the 102nd General | 25 | | Assembly.
| 26 | | (Source: P.A. 102-9, eff. 6-3-21.) |
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| 1 | | (50 ILCS 840/90) (was 50 ILCS 835/90)
| 2 | | Sec. 90. Repeal. This Act is repealed on December 31, | 3 | | 2024.
| 4 | | (Source: P.A. 102-9, eff. 6-3-21.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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