PUBLIC RIGHT-OF-WAY (Sections 67.1830-67.1846) - Currently, certain political subdivisions may enact ordinances charging a public utility right-of-way user a fee, so long as the fee is not a linear foot fee if the utility pays gross receipt taxes. This act also prohibits political subdivisions from charging an antenna fee if the public utility right-of-way user pays business license fees or business license taxes imposed specifically on communications-related revenue, services, or equipment.

UNIFORM WIRELESS COMMUNICATIONS INFRASTRUCTURE DEPLOYMENT ACT (Sections 67.5090-67.5102) - This act modifies the policy statement of the Uniform Wireless Communications Infrastructure Deployment Act. Further, this act modifies several definitions within the Act.

Currently, an authority may not take certain actions, including requiring removal of an existing support structure as a condition for approval of an application, limiting the duration of the approval of an application, or conditioning approval of an application on the applicant's agreement to indemnify the authority. This act allows authorities to take these certain actions under conditions set forth in this act.

This act creates several provisions relating to small wireless facilities. Under this act, an authority shall not require an application for certain types of work, including routine maintenance, replacement of certain facilities, and the installation of micro wireless facilities suspended on cables strung between utility poles. This act also requires an authority to process an application for small wireless facilities on a nondiscriminatory basis, and allow such application to include up to 25 separate small wireless facilities. Further, an authority shall not require that an existing structure have an existing wireless facility prior to a small or micro wireless facility being attached to such existing structure.

This act requires an authority to authorize the collocation, replacement, and installation of a small wireless facility to the same extent the authority has granted access to other wireless communications infrastructure providers. Under this act, an authority is required to follow certain procedures and time lines when denying an application for collocation of a small wireless facility. Once such application is approved, the applicant may maintain the facility for at least 10 years, which period may be extended as set forth in this act. Further, this act both prohibits and allows an authority from instituting a moratorium on certain items as set forth in this act.

This act allows an authority to require an application for a permit for a small wireless facility to replace a utility pole or support structure to demonstrate that the facility reasonably matches the aesthetics of the utility pole or support structure. No approval for a small wireless facility shall be construed to confer permission for a wireline backhaul facility or communications facility to be located in the right-of-way. Further, nothing in this act shall be interpreted to exempt an applicant from the financial responsibility of the movement of such facility, and no new wireless support structure shall be placed in the public right-of-way unless approved by a process set forth in this act.

Currently, an authority may not offer a lease or contract to use public lands to locate a wireless support structure on an authority's property that is less than 15 years in duration. This act also extends this requirement to wireless facilities located on public lands.

This act prohibits an authority from charging a wireless communications service provider a fee to locate a facility on privately-owned property or on a wireless support structure not owned by the authority. This act also prohibits an authority from demanding any fee, other than statutorily authorized fees, right-of-way permit fees, and antenna fees, for the construction or repair of wireless facilities or support structures. This act further prohibits a political subdivision from enforcing regulations on the placement or operation of facilities in the right-of-way under certain conditions.

POLE ATTACHMENTS (Section 67.5104) - Currently, "pole attachment" is defined to exclude wireless communications service providers from the list of attaching entities that may attach to a pole owned by a municipal utility or municipality. This act removes this exclusion and adds wireless communications service providers to the list of attaching entities that may attach to a pole owned by a municipal utility or municipality.

Currently, a municipal utility or municipality may only deny an attaching entity access to the utility’s poles on a nondiscriminatory basis if there is insufficient capacity or for safety and reliability reasons. This act allows such denial with respect to particular poles or support structures for general engineering standards, or for an aesthetic consideration.

This act allows wireless communications infrastructure and service providers to collocate small wireless facilities on municipal poles without being required to apply for a license or franchise with the municipality under a pole attachment agreement. This act requires municipalities to prepare and make available a standard pole attachment agreement that complies with this act, and all agreements shall be considered a public record and subject to public disclosure.

Currently, a pole attachment rental fee shall be calculated in accordance with the cable service rate formula. This act instead requires such fee be calculated in accordance with the pole attachment rate formula.

This act also sets forth criteria for addressing "make-ready" work, including provisions for utility poles that both support and do not support aerial cables used for video communications or electric service. Further, such work shall not require more than applicable codes or industry standards, and charges for such work shall not exceed actual costs or the amount charged other providers for similar work.

Nothing in this act shall grant a wireless communications service or infrastructure provider the power of eminent domain.

This act is similar to SB 354 (2017).

KAYLA HAHN