SS/SCS/HCS/HB 345 - This act modifies provisions relating to telecommunications. WIRELESS COMMUNICATIONS INFRASTRUCTURE (Sections 67.5102-67.5103) - Authorities may not institute a moratorium on new wireless support structures or collocations if such moratorium exceeds six months and if the legislative act establishing it fails to state reasonable grounds and good cause for such moratorium. No moratorium shall affect an already pending application. Further, authorities may not charge more than the market rate for the rental of public land. If the parties cannot agree on a rate for the lease, three appraisers will be chosen. Each party will choose an appraiser with a third independent appraiser being chosen by the first two appraisers. The mid point of the three appraisals will be used as the rate, unless such amount is more than 10% off from the independent appraiser's valuation. In such a case, the independent appraiser's valuation will be used. Further, authorities may not offer a lease or contract to use public land to locate a wireless support structure than is less than 15 years in duration, unless the applicant agrees to accept an lease of less than 15 years. Nothing in this section shall give the applicant the power of eminent domain or the right to compel any property owner or certain governmental departments to lease or sell property for the construction of a new wireless support structure or to locate or cause the collocation or expansion of a wireless facility on any existing structure.
These sections are similar to sections contained in HCS/SB 241 (2013) and the perfected SS/HB 331 (2013).
POLE ATTACHMENTS (Section 67.5104) - This act defines pole attachment as an attachment by a video service provider, telecommunications or other communications-related provider to a pole owned by a municipal utility. Any pole attachment fees, terms, and conditions demanded by a municipal utility pole owner shall be nondiscriminatory, just, and reasonable and shall not be subject to any required franchise authority or government permitting entity. A pole attachment rental fee shall be calculated on a an annual, per pole basis. Either party may seek review of any fee, term, or condition by means of binding arbitration as set forth in this act. An arbitrator's award is limited to the costs of the pole attachment and a reasonable share of the fully allocated costs attributable to the pole attachment. If no prior contract exists between an attaching entity and a municipal utility pole owner, and a dispute between the pole owner and attaching entity concerns the rental fee, the attaching entity may proceed with the attachment during the pendency of arbitration under the agreed upon terms and conditions.
This section is similar to a section contained in the perfected SS/SCS/SB 241 (2013).
KAYLA CRIDER