d. Except as provided in subd. 1. g., if a permit application involves a new or 17
replacement utility pole, and the state or a political subdivision fails to approve or 18
deny the permit application under this section not later than 90 days after its receipt, 19
the applicant may consider its permit application approved.
e. Except as provided in subd. 1. g., if a permit application proposes to collocate 21
small wireless facilities on an existing structure and the state or a political 22
subdivision fails to approve or deny the permit application under this section not 23
later than 60 days after its receipt, the applicant may consider its permit application 24
f. Except as provided in subd. 1. g., if there is any type of construction, building, 2
or encroachment permit required by a political subdivision that relates to a permit 3
under subd. 1. d. or e., and the political subdivision fails to approve or deny that 4
permit application within the specified 60-day or 90-day time frame, the applicant 5
may consider its permit application approved.
g. The applicant and the state or political subdivision may mutually agree to 7
extend the deadline for the state or political subdivision to approve or deny a permit 8
application under subd. 1. d., e., or f.
h. Subject to subd. 1. i., the state or a political subdivision shall approve a 10
permit application unless it does not meet the applicable codes, sub. (2) (e) 1., or the 11
standards of an ordinance enacted pursuant to sub. (2) (e) 1. If the permit application 12
is denied for any of these reasons, the state or political subdivision shall provide the 13
applicant with written documentation explaining the basis for the denial no later 14
than the date that the permit application is denied. An applicant may cure the 15
deficiencies identified in the documentation and resubmit the permit application no 16
later than 30 days after receipt of the documentation without being required to pay 17
an additional application fee. The state or a political subdivision shall approve or 18
deny the revised permit application not later than 30 days after its receipt.
i. The state or a political subdivision may condition approval of a permit on 20
compliance with reasonable and nondiscriminatory relocation, abandonment, or 21
bonding requirements that are consistent with state law applicable to other 22
occupiers of rights-of-way.
j. An applicant may file a consolidated permit application to collocate up to 30 24
small wireless facilities, or a greater number if agreed to by a political subdivision, 25
provided that all the small wireless facilities in the application consist of
substantially similar equipment and are to be placed on similar types of structures. 2
In rendering a decision on a consolidated permit application, a political subdivision 3
may approve a permit for some small wireless facilities and deny a permit for others, 4
but the political subdivision may not use the denial of one or more permits as a basis 5
to deny permits for all of the small wireless facilities in the application.
k. If an applicant's permit application is approved, the applicant shall 7
commence the activity authorized by the permit no later than 365 days after its 8
receipt and shall pursue work on the activity until completion. Neither the state nor 9
a political subdivision may place any time limitation on an applicant that is related 10
to the permit. An applicant may request that the state or a political subdivision 11
terminate the applicant's permit.
2. The state or a political subdivision may require any of the following types 13
of information in an application for a permit specified in subd. 1. (intro.):
a. The applicant's name, address, telephone number, e-mail address, and 15
emergency contact information.
b. The names, addresses, telephone numbers, and e-mail addresses of all duly 17
authorized representatives and consultants, if any, acting on behalf of the applicant 18
with respect to the filing of the application.
c. A general description of the proposed small wireless facility and associated 20
utility pole, if applicable. The scope and detail of such description shall be 21
appropriate to the nature and character of the work to be performed, with special 22
emphasis on those matters likely to be affected or impacted by the physical work 23
d. Site plans and detailed construction drawings to scale that identify the 25
proposed small wireless facility and the proposed use of the right-of-way.
e. To the extent the proposed facility involves collocation on a new utility pole, 2
existing utility pole, or existing wireless support structure, a structural report 3
performed by a duly licensed engineer evidencing that the utility pole or wireless 4
support structure will structurally support the collocation, or that the utility pole or 5
wireless support structure may and will be modified to meet structural 6
requirements, in accordance with applicable codes.
f. If the small wireless facility will be collocated on a utility pole or wireless 8
support structure owned by a 3rd party, other than a governmental pole or a utility 9
pole for designated services, a certification that the wireless provider has permission 10
from the owner to collocate on the utility pole or wireless support structure.
g. Certification by the wireless provider that the small wireless facility will 12
comply with relevant federal communications commission regulations concerning 1) 13
radio frequency emissions from radio transmitters and 2) unacceptable interference 14
with public safety spectrum, including compliance with the abatement and 15
resolution procedures for interference with public safety spectrum established by the 16
federal communications commission set forth in 47 CFR 22.970
and 47 CFR
h. Certification by the wireless provider that the small wireless facility will not 19
materially interfere with any of the following: 1) the safe operation of traffic control 20
equipment; 2) sight lines or clear zones for transportation or pedestrians; and 3) the 21
federal Americans with Disabilities Act or similar federal or state standards 22
regarding pedestrian access or movement.
i. A statement that the small wireless facility shall comply with all applicable 24
3. Neither the state nor a political subdivision may institute an express or de 2
facto moratorium on any of the following:
a. The filing, receiving, or processing of applications.
b. The issuance of permits or other approvals, if any, for the collocation of small 5
wireless facilities or the installation, modification, or replacement of utility poles to 6
support small wireless facilities.
4. A political subdivision may adopt aesthetics requirements governing the 8
deployment of small wireless facilities and associated antenna equipment and utility 9
poles in the right-of-way, subject to the following conditions:
a. The aesthetics requirements must be 1) reasonable in that they are 11
technically feasible and reasonably directed to avoiding or remedying unsightly or 12
out-of-character deployments; 2) no more burdensome than those applied to other 13
types of infrastructure deployments; and 3) objective and published in advance.
b. Any design or concealment measures are not considered a part of the small 15
wireless facility for purpose of the size parameters in the definition of a small 16
wireless facility under sub. (1) (u).
c. A political subdivision may deny an application for not complying with 18
aesthetic requirements only if the denial does not prohibit or have the effect of 19
prohibiting the provision of wireless service.
5. A political subdivision may enact an ordinance to prohibit, in a 21
nondiscriminatory way, a communications service provider from installing 22
structures in the right-of-way of a historic district or an underground district, 23
except that the ordinance may not prohibit collocations or the replacement of existing 24
structures. In this subdivision, a historic district is an area designated as historic 25
by the political subdivision, listed on the national register of historic places in
Wisconsin, or listed on the state register of historic places. In this subdivision, an 2
underground district is an area designated by the political subdivision in which all 3
pipes, pipelines, ducts, wires, lines, conduits, or other equipment, which are used for 4
the transmission, distribution, or delivery of electrical power, heat, water, gas, sewer, 5
or telecommunications equipment, are located underground. A political subdivision 6
may require any collocation on or replacement of an existing structure to reasonably 7
conform to the design aesthetics of the original structure in a historic or underground 8
district. Any design or concealment measures are not considered a part of the small 9
wireless facility for purposes of the size restrictions in the definition of “small 10
wireless facility” under sub. (1) (u). The requirements of an ordinance enacted under 11
this subdivision must be objective, technically feasible, no more burdensome than 12
requirements applied to other types of infrastructure deployment, and reasonably 13
directed at avoiding or remedying the intangible public harm of unsightly or 14
out-of-character deployments. A political subdivision may not apply any 15
requirements under an ordinance enacted under this subdivision in a manner that 16
results in an effective prohibition of wireless service.
(d) Application fees.
1. Except as provided in subd. 2., the state or a political 18
subdivision may only charge an application fee that is reasonable, 19
nondiscriminatory, and recovers no more than a governmental unit's direct cost for 20
processing an application, except that no application fee may exceed any of the 21
a. For an application that includes 5 or fewer small wireless facilities, $500.
b. For an application that includes more than 5 small wireless facilities, $500 24
plus $100 for each small wireless facility in excess of 5.
c. One thousand dollars for the installation or replacement of a utility pole 2
together with the collocation of an associated small wireless facility.
2. Beginning on the effective date of this subdivision .... [LRB inserts date], the 4
state or a political subdivision may adjust a fee allowed under subd. 1. by 10 percent 5
every 5 years, rounded to the nearest multiple of $5. During each 5-year period, the 6
adjustment may be applied incrementally or as a single adjustment.
3. If the federal communications commission adjusts its levels for fees that are 8
presumptively lawful under 47 USC 253
(c) (7), the state or a political 9
subdivision may adjust any impacted fee under subd. 1. on a pro rata basis, 10
consistent with the federal communications commission's action.
(e) Approvals not required.
Neither the state nor a political subdivision may 12
require applications, permits, fees, or any other approval for any of the following:
1. Routine maintenance.
2. The replacement of a small wireless facility with a small wireless facility that 15
is substantially similar to, or the same size or smaller than, the existing small 16
wireless facility, except that the governmental unit may require the person seeking 17
to replace the small wireless facility to obtain a permit to work within a right-of-way 18
to complete such a replacement. For purposes of this subdivision, a small wireless 19
facility does not include the structure on which it is collocated.
3. The installation, placement, maintenance, operation, or replacement of 21
micro wireless facilities that are strung on cables between existing utility poles in 22
compliance with the National Electrical Safety Code.
(f) Traffic work permits.
Nothing in this section prohibits a political subdivision 24
from requiring a work permit for work that will unreasonably affect traffic patterns 25
or obstruct vehicular traffic in a right-of-way, provided that such permits are issued
to any applicant on a nondiscriminatory basis upon terms and conditions that apply 2
to the activities of any other person performing work in the right-of-way that 3
requires excavation or the closing of sidewalks or traffic lanes.
4(4) Collocation of small wireless facilities on governmental poles and
5utility poles for designated services.
(a) A person owning or controlling a 6
governmental pole or a utility pole for designated services may not enter into an 7
exclusive arrangement with any person for the right to attach to, or use, such poles.
(b) The fees or rates charged by the owner of a pole described under par. (a), and 9
the terms and conditions for such attachment or use, may not be discriminatory.
(c) The rate a political subdivision may charge a wireless provider to collocate 11
a small wireless facility on a utility pole for designated services shall be governed by 12
an agreement between the political subdivision and the wireless provider. If there 13
is a failure to agree on the rate, the public service commission shall determine the 14
compensation pursuant to the procedures in s. 196.04 and the determination shall 15
be reviewable under s. 196.41.
(d) 1. The rate an owner of a governmental pole other than a utility pole for 17
designated services charges another person to collocate on the owner's pole shall be 18
sufficient to recover the actual, direct, and reasonable costs related to the applicant's 19
application for, and use of, space on the pole, except that subject to subd. 2., the total 20
annual rate for a collocation and any related activities may not exceed the lesser of 21
the actual, direct, and reasonable costs related to the collocation or $250 per year per 22
small wireless facility. If a dispute arises concerning the appropriateness of a rate 23
charged by the state or political subdivision under this subdivision, the 24
governmental unit bears the burden of proving that the rate is reasonably related 25
to the actual, direct, and reasonable costs incurred by the governmental unit.
2. Beginning on the effective date of this subdivision .... [LRB inserts date], the 2
owner of a governmental pole other than a utility pole for designated services may 3
adjust a rate allowed under subd. 1. by 10 percent every 5 years, rounded to the 4
nearest multiple of $5. During each 5-year period, the adjustment may be applied 5
incrementally or as a single adjustment.
3. If the federal communications commission adjusts its levels for rates that are 7
presumptively lawful under 47 USC 253
(c) (7), the state or a political 8
subdivision may adjust any impacted rate under subd. 1. on a pro rata basis, 9
consistent with the federal communications commission's action.
(e) 1. Except as provided in subd. 2., by the later of the first day of the 3rd month 11
beginning after the effective date of this subdivision .... [LRB inserts date], or 3 12
months after receiving its first request to collocate a small wireless facility on a 13
governmental pole, other than a utility pole for designated services, the state or a 14
political subdivision shall implement rates, fees, and terms for the collocation of 15
small wireless facilities on governmental poles that comply with this subsection.
2. Agreements between a wireless provider and the state or a political 17
subdivision that are in effect on the effective date of this subdivision .... [LRB inserts 18
date], and that relate to the collocation of small wireless facilities in the 19
right-of-way, including the collocation of small wireless facilities on governmental 20
poles, remain in effect, subject to applicable termination provisions, except that by 21
the first day of the 25th month beginning after the effective date of this subdivision 22
.... [LRB inserts date], the state or political subdivision shall amend any such 23
agreement to comply with the rates, fees, and terms required under this subsection.
(f) With regard to a governmental pole that supports aerial cables used for 25
video, communications, or electric service, and with regard to utility poles for
designated services, the parties shall comply with the process for make-ready work 2
under 47 USC 224
and its implementing regulations, including 47 CFR 1.1420
. The good faith estimate of the person owning or controlling such poles for 4
any make-ready work necessary to enable the pole to support the requested 5
collocation must include pole replacement if necessary.
(g) With regard to a governmental pole that does not support aerial cables used 7
for video, communications, or electric service, the state or political subdivision shall 8
provide a good faith estimate for any make-ready work necessary to enable the pole 9
to support the requested collocation, including pole replacement if necessary, not 10
later than 60 days beginning after receipt of a complete application, except that the 11
governmental unit may provide the applicant with access to the governmental pole 12
that is necessary for the applicant to make that estimate. Make-ready work, 13
including any pole replacement, must be completed within 60 days after the 14
applicant's written acceptance of a good faith estimate provided by the governmental 15
unit or within 60 days after the applicant makes the estimate.
(h) A person owning or controlling a governmental pole other than a utility pole 17
for designated services may not require more make-ready work than required to 18
meet applicable codes or industry standards. Fees for make-ready work may not 19
include any costs that are related to preexisting conditions, prior damage, or 20
noncompliance with currently applicable standards. Fees for make-ready work, 21
including any pole replacement, may not exceed actual costs or the amount charged 22
to other communications service providers for similar work, and may not include any 23
consultant fees or expenses.
24(5) Dispute resolution.
Except as provided in sub. (4) (c), and notwithstanding 25
ss. 182.017 (8) (a) and 196.58 (4) (a), a court of competent jurisdiction shall determine
all disputes arising under this section. Unless otherwise agreed to by the parties to 2
a dispute, and pending resolution of a right-of-way access rate dispute, a political 3
subdivision controlling access to and use of a right-of-way shall allow the placement 4
of a small wireless facility or utility pole at a temporary rate of one-half of the 5
political subdivision's proposed annual rate, or $20, whichever is less. Rates shall 6
be reconciled and adjusted upon final resolution of the dispute. Pending the 7
resolution of a dispute concerning rates for collocation of small wireless facilities on 8
governmental poles or utility poles for designated services, the person owning or 9
controlling the pole shall allow the collocating person to collocate on its poles, at 10
annual rates of no more than $20 per year per pole, with rates to be reconciled and 11
adjusted upon final resolution of the dispute.
A wireless provider shall indemnify and hold harmless 13
a political subdivision against any and all liability and loss from personal injury or 14
property damage resulting from or arising out of, in whole or in part, the use or 15
occupancy of rights-of-way by the wireless provider or its employees, agents, or 16
contractors arising out of the rights and privileges granted under this section. A 17
wireless provider has no obligation to indemnify or hold harmless against any 18
liabilities and losses as may be due to or caused by the sole negligence of the political 19
subdivision or its employees or agents.
20(7) Federal law; contracts.
Nothing in this section adds to, replaces, or 21
supersedes federal laws regarding utility poles owned by investor-owned electric 22
utilities nor shall this section impose or otherwise affect any rights, controls, or 23
contractual obligations investor-owned electric utilities may establish with respect 24
to their utility poles.
1(8) Private property owners.
Nothing in this section is intended to authorize 2
a person to place, maintain, modify, operate, or replace a privately owned utility pole 3
or wireless support structure or to collocate small wireless facilities on a privately 4
owned utility pole, a privately owned wireless support structure, or other private 5
property without the consent of the property owner.
6(9) Communications services.
(a) This section may not be construed or 7
interpreted to authorize any entity to provide communications service without 8
compliance with all applicable laws or to authorize the collocation, installation, 9
placement, operation, or maintenance of any communications facilities, including 10
wireline backhaul facilities, other than small wireless facilities and associated 11
(b) Except as it relates to small wireless facilities subject to the permit and fee 13
requirements established under this section and except as otherwise specifically 14
required by federal or state law, a political subdivision may not do any of the 15
1. Adopt or enforce any regulation or requirement on the placement or 17
operation of communications facilities in rights-of-way by a communications service 18
provider authorized under federal, state, or local law to operate in rights-of-way.
2. Regulate any communications service.
3. Impose or collect any tax, fee, or other charge for the provision of additional 21
communications services over a communications service provider's communications 22
facilities in a right-of-way.
(1) Rights-of-way study committee.
(a) There is created a rights-of-way study committee to study laws, 2
regulations, and ordinances regarding use by private entities of public rights-of way 3
in cities, villages, towns, and counties, including private entity access to and 4
placement of facilities in public rights-of-way. The study shall examine fees charged 5
for such use and consider whether the fees are transparent and nondiscriminatory. 6
The study shall include an examination of all of the following:
1. Procedures for locating and obtaining access to facilities in public 8
rights-of-way, resolving disputes, and making appeals.
2. Issues regarding compensation, timelines, nondiscrimination, mediation, 10
condemnation, remediation, and maintenance that are associated with use of public 11
(b) The rights-of-way study committee shall consist of the following members:
1. The governor or his or her designee.
2. Two senators appointed by the senate majority leader or an appointed 15
senator's designee. One member appointed under this subdivision shall serve as 16
cochairperson of the committee.
3. One senator appointed by the senate minority leader or the appointed 18
4. Two representatives to the assembly appointed by the speaker of the 20
assembly or an appointed representative's designee. One member appointed under 21
this subdivision shall serve as cochairperson of the committee.
5. One representative to the assembly appointed by the minority leader of the 23
assembly or the appointed representative's designee.
6. One representative from each of the following appointed jointly by the 25
speaker of the assembly and the senate majority leader:
a. The Wisconsin Counties Association.
b. The League of Wisconsin Municipalities.
c. The Wisconsin Towns Association.
d. The Wisconsin State Telecommunications Association.
e. The Wisconsin Cable Communications Association.
f. The Wisconsin Utilities Association.
7. Two representatives of the wireless community appointed jointly by the 8
speaker of the assembly and the senate majority leader.
8. Two representatives of the electric distribution community, one of whom 10
represents a for-profit business and one of whom represents a cooperative 11
association, appointed jointly by the speaker of the assembly and the senate majority 12
(c) The study committee shall commence no later than June 1, 2020, and 14
terminate on the date that it completes its study, or January 1, 2021, whichever 15
(1) The treatment of s. 66.0404 (4e) first applies to an application for a building 18
permit, or any other kind of permit, to construct a new, or substantially modify an 19
existing, mobile service support structure that is filed with a political subdivision on 20
the first day of the 4th month beginning after the effective date of this subsection.