Missouri Senate

Perfected

RIGHT-OF-WAY FOR PUBLIC UTILITIES (67.1830-67.1842) - This act allows attorneys' fees and costs in connection to issuing, processing, or verifying right-of-way permit application or other agreements to be recovered. Currently, a political subdivision that requires public utility right-of-way users to obtain a permit must process all permit applications within 30 days. Under this act, if a political subdivision fails to act on an application for a right-of-way permit within 31 days, the application shall be approved.

If a public utility right-of-way user has been denied a permit, had a permit revoked, or believes the political subdivision has violated this section, the utility may bring an action in court. The court must review the petition within 45 days. If not reviewed by the court in 45 days, the petition shall be deemed granted.

This act also bans political subdivisions from requiring any public utility that has been granted access to the subdivision's right-of-way to enter into an agreement or obtain a permit for the right to remain in the right-of-way.

UNIFORM WIRELESS COMMUNICATIONS INFRASTRUCTURE DEPLOYMENT ACT (67.5092-67.5102) - Authorities may exercise their current authority with regard to the siting of new wireless support structures. Any applicant proposing to construct a new wireless support structure shall submit an application and forms set forth in this act, and comply with local land use ordinances. The authority shall review the application within 90 days. The application shall be deemed complete unless notified by the authority within 30 days. An applicant shall then have 30 days to cure deficiencies. If the applicant requires longer than 30 days, the 90 calendar for review shall be extended by the same amount of time. The authority must also make its final decision to approve or disapprove the application, and advise the applicant in writing of its decision. If the authority fails to act on the application within 90 days, it shall be deemed approved. A party aggrieved may seek review in any court of competent jurisdiction.

Authorities may exercise their current authority with regard to the applications for substantial modifications of wireless support structures. Any applicant proposing to substantially modify a wireless support structure shall submit an application and forms set forth in this act, and comply with local land use ordinances. The authority shall review the application within 90 days. The application shall be deemed complete unless notified by the authority within 30 days. An applicant shall then have 30 days to cure deficiencies. If the applicant requires longer than 30 days, the 90 calendar for review shall be extended by the same amount of time. The authority must also make its final decision to approve or disapprove the application, and advise the applicant in writing of its decision. If the authority fails to act on the application within 90 days, it shall be deemed approved. A party aggrieved may seek review in any court of competent jurisdiction.

Collocation applications and applications for replacement of wireless facilities shall meet certain safety guidelines as set forth in this act. The authority shall review the application within 45 days. The application shall be deemed complete unless notified by the authority within 15 days. An applicant shall then have 15 days to cure deficiencies. If the applicant requires longer than 15 days, the 45 calendar for review shall be extended by the same amount of time. The authority must also make its final decision to approve or disapprove the application, and advise the applicant in writing of its decision. If the authority fails to act on the application within 45 days, it shall be deemed approved. A party aggrieved may seek review in any court of competent jurisdiction.

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.

POLE ATTACHMENT (67.5104) - This act allows any video service, telecommunications, or wireless communication provider to attach to a municipal utility pole without subjection to any required franchise authority or government permitting entity. An annual pole attachment rental rate shall be calculated on a per pole basis, and shall be considered reasonable if it does not exceed a rate calculated in accordance with the federal cable rate formula. Pole attachment rates, terms, and conditions shall be nondiscriminatory, just and reasonable. A video service, telecommunications, wireless communication provider, or municipal pole owner may seek review of any rate, term, or condition in the appropriate circuit court if that entity believes the rates, terms, and conditions are not fair, just, and reasonable.

This act is similar to SB 241 (2013).

KAYLA CRIDER