HB5019 99TH GENERAL ASSEMBLY

LRB099 19188 EGJ 43580 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5019

Introduced , by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

New Act

Creates the Small Wireless Facilities Deployment Act. Provides that an authority, defined as a city, village, incorporated town, township, or county and each department or agency thereof, may not prohibit or regulate the collocation of small wireless facilities or small facility networks. Provides that small wireless facilities and small facility networks shall be a permitted use in all authority zoning districts. In provisions concerning building, electrical, and public use permits, provides that an authority may: require a person to obtain permits for the collocation of small wireless facilities and small facility networks to the same extent permits are required for other construction, activity, and uses; not require applicants to provide information not required of other applicants; not require an application fee greater than the amount charged to other telecommunications providers. Sets out fee exemptions and fee limits related to collocating small wireless facilities and small facility networks.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Small Wireless Facilities Deployment Act.

Section 5. Legislative intent. Small wireless facilities will be critical to delivering wireless access to advanced technology and information to homes, businesses, and schools in Illinois. To ensure that small wireless facilities may be deployed efficiently and cost-effectively, the General Assembly is enacting this Act, which specifies how local authorities may regulate the collocation of small wireless facilities and small facility networks.

Section 10. Definitions. As used in this Act:

"Antenna" means communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.

"Authority" means a city, village, incorporated town, township, or county and each department or agency thereof.

"Collocation" or "collocate" means the mounting, installation, maintenance, operation, or modification of wireless facilities on an existing tower, building, utility pole, water tower, or other structure.

"Small facility network" means a collection of interrelated small wireless facilities designed to deliver wireless service.

"Small wireless facilities" means wireless facilities that meet both of the following qualifications: (i) each antenna is located inside an enclosure of no more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than 6 cubic feet; and (ii) all other wireless equipment associated with the structure is cumulatively no more than 28 cubic feet in volume. The following associated equipment is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.

"Wireless facilities" means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: (i) equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; and (ii) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

Section 15. Regulation of small wireless facilities and small facility networks.

(a) Except as provided in this Section, an authority may not prohibit or regulate the collocation of small wireless facilities or small facility networks.

(b) Small wireless facilities and small facility networks shall be a permitted use in all authority zoning districts.

(c) An authority may require a person to obtain building, electrical, and public way use permits for the collocation of small wireless facilities and small facility networks to the same extent those permits are required for other construction, activity, and uses. Applicants seeking collocations may not be required to provide information not required of other applicants. Any application fee shall not exceed the amount charged to other telecommunications providers. An authority shall permit an applicant to request and receive a single building, electrical, or public way use permit for a small wireless facilities network. An authority may not charge a person for collocating small wireless facilities and small facility networks on structures along, across, upon, or under a public street, road, highway, or right of way.

An authority shall process permits authorized under this subsection (c) on a nondiscriminatory basis. An application shall be deemed approved if the authority fails to approve or disapprove the application within 30 days. This period may be tolled to accommodate timely requests for information required to complete the application or may be extended by mutual agreement between the authority and the applicant.

(d) An authority may not charge to collocate small wireless facilities and small facility networks on structures owned or controlled by the authority if the authority does not charge other commercial entities to occupy or use similarly situated property. If an authority charges to collocate small wireless facilities and small facility networks on structures owned or controlled by the authority, it may not charge more than the lesser of: (1) the amount it charges other commercial entities for the same amount of space; (2) the projected cost to the authority resulting from the collocation; or (3) $1,000 annually.

Section 20. Home rule. A home rule municipality may not prohibit or regulate small wireless facilities and small facility networks in a manner inconsistent with this Act. This Act is a denial and limitation of municipal home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution.