AB348-ASA1,8,2522 (p) “Utility pole” means a structure that is used in whole or in part by a
23communications service provider or for electric distribution, lighting, traffic control,
24signage, or a similar function but does not include a structure that supports only a
25wireless facility.
AB348-ASA1,9,4
1(q) “Utility pole for designated services” means a utility pole owned or operated
2in a right-of-way by the state, a political subdivision, or a utility district that is
3designed to, or used to, carry electric distribution lines, or cables or wires for
4telecommunications, cable, or electric service.
AB348-ASA1,9,95 (r) “Wireless facility” means equipment at a fixed location that enables wireless
6service between user equipment and a wireless network, not including the structure
7or improvements on, under, or within which the equipment is collocated. “ Wireless
8facility” includes a small wireless facility. “Wireless facility” does not include any of
9the following:
AB348-ASA1,9,1010 1. A wireline backhaul facility.
AB348-ASA1,9,1311 2. Coaxial or fiber-optic cable between utility poles or wireless support
12structures or otherwise not immediately adjacent to or directly associated with a
13particular antenna.
AB348-ASA1,9,1614 (s) “Wireless infrastructure provider” means any person, other than a wireless
15services provider, that builds or installs wireless communication transmission
16equipment, wireless facilities, or wireless support structures.
AB348-ASA1,9,1817 (t) “Wireless provider” means a wireless infrastructure provider or a wireless
18services provider.
AB348-ASA1,9,2119 (u) “Wireless services” means any service using licensed or unlicensed wireless
20spectrum, including the use of a Wi-Fi network, whether at a fixed location or by
21means of a mobile device, that is provided using wireless facilities.
AB348-ASA1,9,2322 (v) “Wireless services provider” means any person who provides wireless
23services.
AB348-ASA1,10,3
1(w) “Wireless support structure” means an existing pole or other freestanding
2structure, other than a utility pole, that is designed to support, or capable of
3supporting, wireless facilities.
AB348-ASA1,10,54 (x) “Wireline backhaul facility” means a facility for providing wireline backhaul
5service.
AB348-ASA1,10,76 (y) “Wireline backhaul service” means the transport of communications
7services by wire from wireless facilities to a network.
AB348-ASA1,10,9 8(2) Rights-of-way. (a) Applicability. This subsection applies only to the
9activities of a wireless provider within a right-of-way.
AB348-ASA1,10,1310 (b) Exclusive use prohibited. Neither the state nor a political subdivision may
11enter into an exclusive arrangement with any person for the use of a right-of-way
12or the construction, operation, marketing, or maintenance of wireless facilities,
13wireless support structures, or the collocation of small wireless facilities.
AB348-ASA1,10,2014 (c) Rates and fees. The state or a political subdivision may charge a wireless
15provider a rate or fee for the use a right-of-way with respect to the construction or
16collocation of a wireless facility or wireless support structure in the right-of-way
17only if the state or political subdivision charges other communications service
18providers or utilities for the use of the right-of-way. If the state or a political
19subdivision charges a wireless provider a rate or fee as described in this paragraph,
20all of the following apply:
AB348-ASA1,10,2221 1. Subject to subd. 5., the fee or rate must be limited to no more than the direct
22and actual cost of managing the right-of-way.
AB348-ASA1,10,2423 2. Except as provided in par. (d), the fee or rate must be competitively neutral
24with regard to other users of the right-of-way.
AB348-ASA1,11,3
13. The fee or rate may not result in a double recovery by the state or political
2subdivision if existing fees, rates, or taxes already recover the direct and actual cost
3of managing the right-of-way.
AB348-ASA1,11,54 4. The fee or rate may not be in the form of a franchise or other fee based on
5revenue or customer counts.
AB348-ASA1,11,96 5. The fee or rate may not exceed an annual amount equal to $20 multiplied
7by the number of utility poles or wireless support structures in the state's or political
8subdivision's geographic jurisdiction on which the wireless provider has collocated
9a small wireless facility antenna.
AB348-ASA1,11,2110 (d) Rate or fee adjustment. Ordinances or agreements between a wireless
11provider and the state or a political subdivision that charge a wireless provider a fee
12or rate for the use a right-of-way on the effective date of this paragraph .... [LRB
13inserts date], remain in effect for all utility poles or wireless support structures in
14the state's or political subdivision's geographic jurisdiction on which the wireless
15provider has collocated a small wireless facility, subject to applicable termination
16provisions. The state or political subdivision shall revise its fee or rate to comply with
17par. (c) no later than the first day of the 7th month beginning after the effective date
18of this paragraph .... [LRB inserts date], and a fee or rate for the use of the
19right-of-way that is the subject of an application submitted after the first day of the
207th month beginning after the effective date of this paragraph .... [LRB inserts date]
21shall comply with par. (c).
AB348-ASA1,12,822 (e) Right of access. 1. Except as otherwise provided in this subsection and subs.
23(3) (c) 4. and (4), and notwithstanding any zoning ordinance enacted by a political
24subdivision under s. 59.69, 60.61, or 62.23, a wireless provider shall have the right
25to collocate wireless facilities and construct, modify, maintain, and operate utility

1poles, wireless support structures, conduit, cable, and related appurtenances and
2facilities along, across, upon, and under a right-of-way. Such facilities and
3structures may not obstruct or hinder travel, drainage, maintenance, or the public
4health, safety, and general welfare on or around the right-of-way, or obstruct the
5legal use of the right-of-way for other communications providers, public utilities,
6cooperative associations organized under ch. 185 for the purpose of producing or
7furnishing heat, light, power, or water to their members only, or pipes or pipelines
8transmitting liquid manure.
AB348-ASA1,12,109 2. Except as provided in subd. 4., the height of a utility pole or wireless support
10structure installed, or modified, in a right-of-way may not exceed the greater of:
AB348-ASA1,12,1311 a. Ten feet above the tallest existing utility pole that is in place on the effective
12date of this subd. 2. a. .... [LRB inserts date], and that is located within 500 feet of
13the new or modified pole or structure in the same right-of-way.
AB348-ASA1,12,1414 b. Fifty feet above ground level.
AB348-ASA1,12,1615 3. The height of a wireless facility installed, or modified, in a right-of-way may
16not exceed the greater of:
AB348-ASA1,12,1817 a. Ten feet above the tallest existing utility pole or wireless support structure
18that is in place on the effective date of this subd. 3. a. .... [LRB inserts date].
AB348-ASA1,12,1919 b. The maximum height described in subd. 2. b.
AB348-ASA1,12,2420 4. A wireless provider may construct, modify, and maintain a utility pole,
21wireless support structure, or wireless facility along, across, upon, and under a
22right-of-way that exceeds the height limits in this paragraph if the wireless provider
23complies with height limits under the zoning ordinances enacted by a political
24subdivision under s. 59.69, 60.61, or 62.23.
AB348-ASA1,13,7
15. With regard to the rights of a wireless provider to construct wireless facilities
2or modify utility poles, wireless support structures, conduit, cable, and related
3appurtenances and facilities as described in subd. 1., a political subdivision may
4propose an alternate location within 50 feet of the proposed location, which the
5wireless provider shall use if it has the right to use the alternate structure on
6reasonable terms and conditions and the alternate location does not impose technical
7limits or additional costs, as determined by the wireless provider.
AB348-ASA1,13,158 (f) Damage and repair. The state or a political subdivision may require a
9wireless provider to repair all damage that is directly caused by the activities of the
10wireless provider in a right-of-way involving its wireless facilities, wireless support
11structures, or utility poles, and to return the right-of-way to its former condition
12before it was so damaged. If the wireless provider fails to make the required repairs
13within a reasonable amount of time after receiving a written request to do so from
14the state or a political subdivision, the state or political subdivision may make the
15necessary repairs and charge the liable party for the cost of the repairs.
AB348-ASA1,13,1816 (g) Nondiscrimination. The state and political subdivisions must administer
17and regulate a right-of-way in a competitively neutral manner with regard to all
18users of the right-of-way.
AB348-ASA1,13,23 19(3) Collocation of small wireless facilities. (a) Applicability. This
20subsection applies to the activities of a wireless provider both within and outside a
21right-of-way. Except as provided in this subsection and in subs. (2) and (4), neither
22the state nor a political subdivision may prohibit, regulate, or charge any person for
23the collocation of small wireless facilities.
AB348-ASA1,14,324 (b) Zoning. Notwithstanding an ordinance enacted under s. 59.69, 60.61, or
2562.23, and except as provided in par. (c) 4., small wireless facilities shall be classified

1as permitted uses and are not subject to a political subdivision's zoning ordinances
2if they are collocated in a right-of-way or outside a right-of-way if the property is
3not zoned exclusively for single-family residential use.
AB348-ASA1,14,94 (c) Permits. 1. Subject to subd. 3., the state or a political subdivision may
5require an application for a permit to collocate a small wireless facility and to
6construct, modify, maintain, or operate a new or replacement utility pole or wireless
7support structure, provided such permit is of general applicability and does not apply
8exclusively to wireless facilities. All of the following apply to such permit
9applications filed by an applicant:
AB348-ASA1,14,1110 a. Neither the state nor a political subdivision may require an applicant to
11perform services unrelated to the collocation for which approval is sought.
AB348-ASA1,14,1512 b. Neither the state nor a political subdivision may require an applicant that
13is a wireless provider to provide more information in its permit application than such
14a governmental unit requires from a communications service provider that is not a
15wireless provider and that applies for the same type of permit.
AB348-ASA1,14,1816 c. The state or a political subdivision shall notify an applicant in writing, within
1710 days of receiving the application, whether it is complete. If it is incomplete, the
18state or political subdivision shall specify why the application is incomplete.
AB348-ASA1,14,2319 d. Except as provided in subd. 1. e., with regard to any type of construction,
20building, or encroachment permit required by a political subdivision that relates to
21a collocation conducted under this subsection, if the state or a political subdivision
22fails to approve or deny a permit application under this section not later than 90 days
23after its receipt, the applicant may consider its permit application approved.
AB348-ASA1,15,424 e. If a permit described in subd. 1. d. does not relate to collocation involving the
25construction or installation of new wireless facilities, utility poles, wireless support

1structures, conduits, cables, or related appurtenances and facilities described in sub.
2(2) (e) 1., and the political subdivision fails to approve or deny the permit application
3under this section not later than 60 days after its receipt, the applicant may consider
4its permit application approved.
AB348-ASA1,15,135 f. The state or a political subdivision shall approve a permit application unless
6it does not meet the applicable codes. If the permit application is denied for this
7reason, the state or political subdivision shall provide the applicant with written
8documentation explaining the basis for the denial no later than the date that the
9permit application is denied. An applicant may cure the deficiencies identified in the
10documentation and resubmit the permit application no later than 30 days after
11receipt of the documentation without being required to pay an additional application
12fee. The state or a political subdivision shall approve or deny the revised permit
13application not later than 30 days after its receipt.
AB348-ASA1,15,2214 g. An applicant may file a consolidated permit application to collocate up to 30
15small wireless facilities, or a greater number if agreed to by a political subdivision,
16provided that all the small wireless facilities in the application consist of
17substantially similar equipment and are to be placed on similar types of wireless
18support structures. In rendering a decision on a consolidated permit application, a
19political subdivision may approve a permit for some small wireless facilities and
20deny a permit for others, but the political subdivision may not use the denial of one
21or more permits as a basis to deny permits for all of the small wireless facilities in
22the application.
AB348-ASA1,16,323 h. If an applicant's permit application is approved, the applicant shall
24commence the activity authorized by the permit no later than 365 days after its
25receipt and shall pursue work on the activity until completion. Neither the state nor

1a political subdivision may place any time limitation on an applicant that is related
2to the permit. An applicant may request that the state or a political subdivision
3terminate the applicant's permit.
AB348-ASA1,16,54 2. Neither the state nor a political subdivision may institute a moratorium on
5any of the following:
AB348-ASA1,16,66 a. The filing, receiving, or processing of applications.
AB348-ASA1,16,87 b. The issuance of permits or other approvals for the collocation of small
8wireless facilities.
AB348-ASA1,16,129 3. An approval under this section authorizes only the installation, placement,
10maintenance, or operation of a small wireless facility to provide wireless service and
11does not authorize the provision of any other service or the installation, placement,
12maintenance, or operation of wireline backhaul service in a right-of-way.
AB348-ASA1,16,2413 4. A political subdivision may enact an ordinance to prohibit, in a
14nondiscriminatory way, a communications service provider from installing
15structures in the right-of-way of a historic district or an underground district,
16except that the ordinance may not prohibit collocations or the replacement of existing
17structures. In this subdivision, a historic district is an area designated as historic
18by the political subdivision, listed on the national register of historic places in
19Wisconsin, or listed on the state register of historic places. In this subdivision, an
20underground district is an area designated by the political subdivision in which any
21pipe, pipeline, duct, wire, line, conduit, or other equipment, which is used for the
22transmission, distribution, or delivery of electrical power, heat, water, gas, sewer, or
23telecommunications equipment, is located underground. This subdivision applies
24only to ordinances enacted on or before January 1, 2014.
AB348-ASA1,17,6
1(d) Application fees. 1. The state or a political subdivision may charge an
2application fee only if an application fee is required for similar types of permit
3applications related to other types of commercial development within the
4governmental unit's jurisdiction. Such a fee may be imposed only for the actual,
5direct, and reasonable costs incurred by the governmental unit that relate to the
6processing and granting of the permit.
AB348-ASA1,17,77 2. An application fee may not include any of the following:
AB348-ASA1,17,88 a. Travel expenses incurred by a 3rd party in its review of an application.
AB348-ASA1,17,109 b. A direct payment or reimbursement of 3rd-party rates or fees charged on a
10contingency basis or a result-based arrangement.
AB348-ASA1,17,1311 3. If a dispute arises concerning the appropriateness of an application fee, the
12state or political subdivision bears the burden of proving that the fee is reasonably
13related to the actual, direct, and reasonable costs incurred by the governmental unit.
AB348-ASA1,17,1514 4. Notwithstanding subds. 1. to 3., an application fee may not exceed the lesser
15of the following:
AB348-ASA1,17,1716 a. A building permit issued by the state or a political subdivision for any similar
17commercial construction, activity, or land use development.
AB348-ASA1,17,2018 b. One hundred dollars each for up to 5 small wireless facilities that are
19specified in the permit application, and $50 for each additional small wireless facility
20that is specified in the permit application.
AB348-ASA1,17,2221 (e) Approvals not required. Neither the state nor a political subdivision may
22require applications, permits, or fees for any of the following:
AB348-ASA1,17,2323 1. Routine maintenance.
AB348-ASA1,18,324 2. The replacement of a wireless facility with a wireless facility that is
25substantially similar to, or the same size or smaller than, the existing wireless

1facility, except that the governmental unit may require the person seeking to replace
2the wireless facility to obtain a permit to work within a right-of-way to complete
3such a replacement.
AB348-ASA1,18,64 3. The installation, placement, maintenance, operation, or replacement of
5microwireless facilities that are strung on cables between existing utility poles or
6wireless support structures in compliance with applicable codes.
AB348-ASA1,18,97 (f) Traffic work permits. Nothing in this section prohibits a political subdivision
8from requiring a work permit for work that will unreasonably affect traffic patterns
9or obstruct vehicular traffic in a right-of-way.
AB348-ASA1,18,14 10(4) Access to governmental structures. (a) Collocation of small wireless
11facilities on governmental poles and utility poles for designated services.
1. A person
12owning or controlling a governmental pole or a utility pole for designated services
13may not enter into an exclusive arrangement with any person for the right to attach
14to, or use, such poles.
AB348-ASA1,18,1715 2. The fees or rates charged by the owner of a pole described under subd. 1. may
16not be discriminatory, without regard to the type of collocation provided by the person
17who contracts to use such a pole.
AB348-ASA1,18,2318 3. The rate a political subdivision may charge a wireless provider to collocate
19a small wireless facility on a utility pole for designated services owned or operated
20by the political subdivision shall be governed by an agreement between the political
21subdivision and the wireless provider the terms of which are subject to the
22procedures and rates developed by the public service commission under ss. 196.02
23(1) and 196.04.
AB348-ASA1,19,824 4. The rate an owner of a governmental pole other than a utility pole for
25designated services charges another person to collocate on the owner's pole shall be

1sufficient to recover the actual, direct, and reasonable costs related to the applicant's
2application for, and use of, space on the pole, except that the total annual rate for a
3collocation and any related activities may not exceed the lesser of the actual, direct,
4and reasonable costs related to the collocation or $100 per year per pole. If a dispute
5arises concerning the appropriateness of a rate charged by the state or political
6subdivision under this subdivision, the governmental unit bears the burden of
7proving that the fee is reasonably related to the actual, direct, and reasonable costs
8incurred by the governmental unit.
AB348-ASA1,19,199 5. Agreements between a wireless provider and the state or a political
10subdivision owning a governmental pole that charge the wireless provider a fee or
11rate for a service described under subd. 4. on the effective date of this subdivision ....
12[LRB inserts date], remain in effect where the wireless provider has collocated a
13small wireless facility, subject to applicable termination provisions. The state or
14political subdivision shall revise its fee or rate to comply with subd. 4. no later than
15the first day of the 7th month beginning after the effective date of this subdivision
16.... [LRB inserts date], and a fee or rate for collocating a small wireless facility on a
17governmental pole that is the subject of an application submitted after the first day
18of the 7th month beginning after the effective date of this subdivision .... [LRB inserts
19date], shall comply with such revised rate or fee.
AB348-ASA1,20,220 6. With regard to a governmental pole that supports aerial cables used for
21video, communications, or electric service, and with regard to utility poles for
22designated services, the parties shall comply with the process for make-ready work
23under 47 USC 224 and its implementing regulations, including 47 CFR 1.1420 and
241.1422. The good faith estimate of the person owning or controlling such poles for

1any make-ready work necessary to enable the pole to support the requested
2collocation must include pole replacement if necessary.
AB348-ASA1,20,93 7. With regard to a governmental pole that does not support aerial cables used
4for video, communications, or electric service, the governmental unit shall provide
5a good faith estimate for any make-ready work necessary to enable the pole to
6support the requested collocation, including pole replacement if necessary, not later
7than 60 days beginning after receipt of a complete application. Make-ready work,
8including any pole replacement, must be completed within 60 days of written
9acceptance of the good faith estimate by the applicant.
AB348-ASA1,20,1710 8. A person owning or controlling a governmental pole or a utility pole for
11designated services may not require more make-ready work than required to meet
12applicable codes or industry standards. Fees for make-ready work may not include
13any costs that are related to preexisting conditions, prior damage, or noncompliance
14with currently applicable standards. Fees for make-ready work, including any pole
15replacement, may not exceed actual costs or the amount charged to other
16communications service providers for similar work, and may not include any
17consultant fees or expenses.
AB348-ASA1,20,2518 (b) Collocation on governmental wireless support structures and utility poles
19outside the right-of-way.
The state or a political subdivision shall authorize the
20collocation of small wireless facilities on wireless support structures and utility poles
21owned or operated by a governmental unit that are not located within the
22right-of-way to the same extent that the governmental unit permits access to such
23structures for other commercial projects or uses. Such collocations are subject to sub.
24(3) (c) 4. and to reasonable and nondiscriminatory rates, fees, and terms as are
25provided in an agreement between the governmental unit and a wireless provider.
AB348-ASA1,21,4
1(5) Local authority. (a) Subject to the provisions of this section and applicable
2federal law, and except as provided under par. (b), a political subdivision may
3exercise zoning, land use, planning, and permitting authority with respect to
4wireless support structures and utility poles.
AB348-ASA1,21,95 (b) A political subdivision may not exercise any authority over the design,
6engineering, construction, installation, or operation of any small wireless facility
7located in an interior structure or upon the site of any campus, stadium, or athletic
8facility that is not owned or controlled by the political subdivision, other than to
9comply with applicable codes.
AB348-ASA1,21,1210 (c) 1. In this paragraph, “affiliate” means a person that directly, or indirectly
11through one or more intermediaries, controls, or is controlled by, or is under common
12control with, another person.
AB348-ASA1,21,2113 2. Except as provided in this section or required by federal law, a political
14subdivision may not adopt or enforce any regulation on the placement or operation
15of communications facilities in a right-of-way, or regulate, impose, or collect fees on
16communication services in a right-of-way, that are provided by an entity authorized
17on the effective date of this subdivision .... [LRB inserts date], to operate in the
18right-of-way, or by that entity's wireless provider affiliate, and may not regulate or
19impose or collect fees on communications services except to the extent specifically
20provided for in that authorization, and unless expressly required by state or federal
21statute.
AB348-ASA1,22,8 22(6) Dispute resolution. A court of competent jurisdiction shall determine all
23disputes arising under this section. Unless otherwise agreed to by the parties to a
24dispute, and pending resolution of a right-of-way access rate dispute, a political
25subdivision controlling access to and use of a right-of-way shall allow the placement

1of a wireless facility or wireless support structure at a temporary rate of one-half of
2the political subdivision's proposed annual rate, or $20, whichever is less. Rates
3shall be reconciled and adjusted upon final resolution of the dispute. Pending the
4resolution of a dispute concerning rates for collocation of small wireless facilities on
5government poles or utility poles for designated services, the person owning or
6controlling the pole shall allow the collocating person to collocate on its poles, at
7annual rates of no more than $20 per year per pole, with rates to be reconciled and
8adjusted upon final resolution of the dispute.
AB348-ASA1,22,18 9(7) Indemnification. A wireless provider shall indemnify and hold harmless
10a political subdivision against any and all liability and loss from personal injury or
11property damage resulting from or arising out of, in whole or in part, the use or
12occupancy of rights-of-way by the wireless provider or its employees, agents, or
13contractors arising out of the rights and privileges granted under this section. A
14wireless provider has no obligation to indemnify or hold harmless against any
15liabilities and losses as may be due to or caused by the sole negligence of the political
16subdivision or its employees or agents. A wireless provider shall waive any claims
17that it may have against a political subdivision with respect to consequential,
18incidental, or special damages, however caused, based on the theory of liability.
AB348-ASA1,22,21 19(8) Federal law; contracts. Nothing in this section replaces or supersedes
20contractual obligations or federal laws regarding utility poles that relate to wireless
21providers and investor-owned electric utilities.
AB348-ASA1,23,2 22(9) Private property owners. Nothing in this section is intended to authorize
23a person to place, maintain, modify, operate, or replace a privately owned utility pole
24or wireless support structure or to collocate small wireless facilities on a privately

1owned utility pole, a privately owned wireless support structure, or other private
2property without the consent of the property owner.
AB348-ASA1,3 3Section 3 . Initial applicability.
AB348-ASA1,23,74 (1) The treatment of section 66.0404 (4e) of the statutes first applies to an
5application for a building permit, or any other kind of permit, to construct a new, or
6substantially modify an existing, mobile service support structure that is filed with
7a political subdivision on January 1, 2018.
Loading...
Loading...