SS/SCS/HCS/HB 1991 - This act modifies provisions relating to the deployment of wireless facilities infrastructure.PUBLIC RIGHT-OF-WAY (Sections 67.1830 & 67.1846) - This act modifies the definition of "managing the public right-of-way" to include that permitting requirements for wireless communications facilities shall be consistent with the Uniform Wireless Communications Infrastructure Deployment Act and the Uniform Small Wireless Facility Deployment Act.
Currently, certain political subdivisions may enact ordinances charging a public utility right-of-way user a linear foot fee if the right-of-way user does not pay gross receipts taxes. This act prohibits political subdivisions from assessing a linear foot fee or antenna fee if the right-of-way user pays business license fees, or business license taxes that are not nominal that are imposed specifically on communications-related revenue, services, or equipment.
UNIFORM SMALL WIRELESS FACILITY DEPLOYMENT ACT (Sections 67.5110-67.5121) - This act establishes the Uniform Small Wireless Facility Deployment Act.
WIRELESS PROVIDERS WITHIN THE RIGHT-OF-WAY (Section 67.5112) - This act prohibits an authority, defined as the state or any political subdivision thereof excluding municipal electric utilities, from entering into an exclusive arrangement with any person for the use of the right-of-way for the collocation of small wireless facilities or the installation or replacement of utility poles. This act also allows wireless providers to collocate small wireless facilities and install and replace utility poles in the public right-of-way, except for in single-family residential neighborhoods or historic neighborhoods. Small wireless facilities collocated outside the right-of-way on property not zoned for residential use shall be classified as permitted and not subject to zoning review or approval. The new or replaced utility poles shall meet certain criteria as set forth in this act. Small wireless facility collocations shall not interfere with existing utility facilities, and an authority may require a wireless provider to repair all damage to the right-of-way caused by the provider's activities. If such provider does not make the required repairs, the authority may affect those repairs and charge the provider accordingly.
PERMITTING OF SMALL WIRELESS FACILITIES AND UTILITY POLES (Section 67.5113) - This act prohibits an authority from prohibiting, regulating, or charging for the collocation of small wireless facilities, except as provided under this act.
An authority may require a wireless provider to obtain a permit to collocate a small wireless facility or install or replace a utility pole. Such authority shall receive applications and issue permits, subject to certain requirements and permit issuance timelines set forth in this act. An authority shall not require an application for routine maintenance on previously permitted small wireless facilities, the replacement of small wireless facilities, or the installation of micro wireless facilities strung between utility poles. No approval for the installation of a small wireless facility shall be construed to confer authorization for the provision of cable TV service, or the installation of a wireline backhaul facility or communications facility, in the right-of-way. This act also prohibits an authority from enforcing any ordinance requiring holders of a franchise or video service authorization to obtain additional authorization or pay additional fees for service for facilities in the right-of-way.
COLLOCATIONS ON AUTHORITY POLES AND SUPPORT STRUCTURES OUTSIDE THE RIGHT-OF-WAY (Section 67.5114) - This act requires an authority to authorize the collocation of small wireless facilities on authority wireless support structures and utility poles to the same extent the authority permits access to such structures for other commercial projects or uses. Further, this act prohibits an authority from entering into an exclusive agreement with a wireless provider concerning authority poles or support structures, including stadiums and enclosed arenas, unless the agreement meets certain requirements set forth in this act.
WIRELESS PROVIDER ACTIVITIES WITHIN THE RIGHT-OF-WAY (Section 67.5115) - This act prohibits a person owning, managing, or controlling authority utility poles in the right-of-way from entering into an exclusive arrangement with any person for the right to attach to such poles, and further requires the authority to allow the collocation of small wireless facilities on authority poles. An authority may require, as part of an application, engineering and construction drawings, and an estimate of cost of any make-ready work needed, for which the applicant shall be responsible.
Under this act, make-ready work shall be addressed as follows: rates, fees, terms, and conditions for make-ready work to collocate on an authority pole shall be nondiscriminatory, the authority shall provide a good faith estimate for any make-ready work necessary and work within the timelines set forth in this act, and the person owning or managing the authority utility pole shall not require more make-ready work than required to meet applicable codes or industry standards. Fees for make-ready work shall not exceed actual costs.
When a small wireless facility is located in the right-of-way on the state highway system, equipment and facilities associated with such facility shall remain in the utility corridor except to reach a utility pole outside the corridor where a small wireless facility is collocated.
AUTHORITY RATES AND FEES FOR PLACEMENT OF A WIRELESS FACILITY, SUPPORT STRUCTURE, OR UTILITY POLE (Section 67.5116) - This act prohibits an authority from requiring a wireless provider to pay any rates, fees, or compensation to the authority for the right to use the right-of-way, for collocation of small wireless facilities, or for the installation and replacement of utility poles in the right-of-way. The rates to collocate on authority poles shall be nondiscriminatory regardless of the services provided by the collocating person.
Further, this act sets forth criteria for application fees that may be assessed by an authority, including that application fees shall be based on actual administrative costs and any such costs recovered by existing fees, rates, licenses, or taxes paid by a wireless services provider shall not be included in setting the application fee. An application fee shall not include travel expenses incurred by a third party, and the total fee for any application for the collocation of a small wireless facility on an existing utility pole shall not exceed $100 per small wireless facility, including for consolidated applications. Total application fees for the installation, modification, or replacement of a utility pole and collocation of a small wireless facility shall not exceed $500 per pole, and the rate for collocation of a small wireless facility to an authority pole shall not exceed $150 per pole per year.
Under this act, an authority shall not demand any fees for small wireless facilities except those authorized under this act, applicable taxes, applicable linear foot fees, and right-of-way permit fees. Right-of-way permit fees shall be competitively neutral, and shall not be in the form of a franchise fee or tax, or other fee based on non-cost related factors.
SCOPE OF ACT (Section 67.5117) - Nothing in this act shall be interpreted to allow any entity to provide service regulated under certain provisions of federal law, without compliance with such federal provisions. Further, nothing in this act shall be interpreted to impose new requirements on cable providers for the provision of such service.
AUTHORITY PLANNING AND ZONING (Section 67.5118) - Subject to the provisions of this act, an authority may continue to exercise zoning, land use, planning, and permitting authority within its boundaries, including with respect to wireless support structures and utility poles. An authority shall not have jurisdiction over the installation or operation of any small wireless facility in an interior structure, or upon the site of any campus, stadium, or athletic facility not owned or controlled by the authority.
AUTHORITY ORDINANCES, POLE ATTACHMENT AGREEMENTS, AND JURISDICTION (Sections 67.5119 & 67.5120) - This act requires, within a certain timeline, an authority to adopt an ordinance or develop an agreement that makes available to wireless providers rates, fees, and terms that comply with this act. Nothing in this act shall nullify a mutual agreement between an authority and wireless provider entered into prior to August 28, 2018.
A court of competent jurisdiction shall have jurisdiction to determine all disputes arising under this act.
INDEMNIFICATION, INSURANCE, AND BONDING (Section 67.5121) - This act allows an authority to adopt indemnification, insurance, and bonding requirements related to small wireless facility permits, except an authority may only require a wireless provider to indemnify and hold harmless the authority in certain claims. Further, an authority may require a wireless provider to obtain and have proof of insurance coverage, or a comparable self-insurance program, prior to the effective date of any permit issued for a small wireless facility, but the authority shall not require such provider to name the authority or its officers or employees as additionally insured. An authority may adopt bonding requirements for small wireless facilities if the authority imposes similar requirements in connection with permits issued for other similarly situated utility right-of-way users. Such bonds shall provide for the removal of abandoned or improperly maintained small wireless facilities, restore the right-of-way in connection with such abandoned facilities, and shall assist in recouping rates or fees that have not been paid by a wireless provider in over 12 months. Such bonding requirements shall not exceed $1,500 per small wireless facility, and shall not exceed $75,000 across all facilities within the jurisdiction of a single authority. Entities that have at least $25 million in assets and do not have a history of permitting noncompliance shall be exempt from insurance and bonding requirements set forth under this act. Further, this act requires any contractor or wireless infrastructure provider to be under contract with a wireless services provider in order to perform work in the right-of-way.
The State Highways and Transportation Commission may apply the same indemnification, insurance, and bonding requirements to small wireless facility permits as it imposes on other users of the Commission right-of-way.
The Uniform Small Wireless Facility Deployment Act shall become effective January 1, 2019, and shall expire on January 1, 2021, except that the collocation rate for small wireless facilities shall remain in effect for the duration of the permit authorizing the collocation.
REPORT (Section 67.5125) - This act requires the Department of Revenue, by December 31, 2018, to prepare a report for the General Assembly on the amount of revenue collected by local governments from certain service providers.
This act contains a severability clause.
This act is similar to SB 837 (2018) and HB 1948 (2018).
KAYLA HAHN