AB234: Bill Text

AB234,26,11 (5) Dispute resolution. Except as provided in sub. (4) (c), and notwithstanding 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 a dispute, and pending resolution of a right-of-way access rate dispute, a political subdivision controlling access to and use of a right-of-way shall allow the placement of a small wireless facility or utility pole at a temporary rate of one-half of the political subdivision's proposed annual rate, or $20, whichever is less. Rates shall be reconciled and adjusted upon final resolution of the dispute. Pending the resolution of a dispute concerning rates for collocation of small wireless facilities on governmental poles or utility poles for designated services, the person owning or controlling the pole shall allow the collocating person to collocate on its poles, at annual rates of no more than $20 per year per pole, with rates to be reconciled and adjusted upon final resolution of the dispute.

AB234,26,19 (6) Indemnification. A wireless provider shall indemnify and hold harmless a political subdivision against any and all liability and loss from personal injury or property damage resulting from or arising out of, in whole or in part, the use or occupancy of rights-of-way by the wireless provider or its employees, agents, or contractors arising out of the rights and privileges granted under this section. A wireless provider has no obligation to indemnify or hold harmless against any liabilities and losses as may be due to or caused by the sole negligence of the political subdivision or its employees or agents.

AB234,26,24 (7) Federal law; contracts. Nothing in this section adds to, replaces, or supersedes federal laws regarding utility poles owned by investor-owned electric utilities nor shall this section impose or otherwise affect any rights, controls, or contractual obligations investor-owned electric utilities may establish with respect to their utility poles.

AB234,27,5 (8) Private property owners. Nothing in this section is intended to authorize a person to place, maintain, modify, operate, or replace a privately owned utility pole or wireless support structure or to collocate small wireless facilities on a privately owned utility pole, a privately owned wireless support structure, or other private property without the consent of the property owner.

AB234,27,11 (9) Communications services. (a) This section may not be construed or interpreted to authorize any entity to provide communications service without compliance with all applicable laws or to authorize the collocation, installation, placement, operation, or maintenance of any communications facilities, including wireline backhaul facilities, other than small wireless facilities and associated utility poles.

AB234,27,15 (b) Except as it relates to small wireless facilities subject to the permit and fee requirements established under this section and except as otherwise specifically required by federal or state law, a political subdivision may not do any of the following:

AB234,27,18 1. Adopt or enforce any regulation or requirement on the placement or operation of communications facilities in rights-of-way by a communications service provider authorized under federal, state, or local law to operate in rights-of-way.

AB234,27,19 2. Regulate any communications service.

AB234,27,22 3. Impose or collect any tax, fee, or other charge for the provision of additional communications services over a communications service provider's communications facilities in a right-of-way.

AB234,3 Section 3 . Nonstatutory provisions.

AB234,27,24 (1) Rights-of-way study committee.

AB234,28,6 (a) There is created a rights-of-way study committee to study laws, regulations, and ordinances regarding use by private entities of public rights-of way in cities, villages, towns, and counties, including private entity access to and placement of facilities in public rights-of-way. The study shall examine fees charged for such use and consider whether the fees are transparent and nondiscriminatory. The study shall include an examination of all of the following:

AB234,28,8 1. Procedures for locating and obtaining access to facilities in public rights-of-way, resolving disputes, and making appeals.

AB234,28,11 2. Issues regarding compensation, timelines, nondiscrimination, mediation, condemnation, remediation, and maintenance that are associated with use of public rights-of-way.

AB234,28,12 (b) The rights-of-way study committee shall consist of the following members:

AB234,28,13 1. The governor or his or her designee.

AB234,28,16 2. Two senators appointed by the senate majority leader or an appointed senator's designee. One member appointed under this subdivision shall serve as cochairperson of the committee.

AB234,28,18 3. One senator appointed by the senate minority leader or the appointed senator's designee.

AB234,28,21 4. Two representatives to the assembly appointed by the speaker of the assembly or an appointed representative's designee. One member appointed under this subdivision shall serve as cochairperson of the committee.

AB234,28,23 5. One representative to the assembly appointed by the minority leader of the assembly or the appointed representative's designee.

AB234,28,25 6. One representative from each of the following appointed jointly by the speaker of the assembly and the senate majority leader:

AB234,29,1 a. The Wisconsin Counties Association.

AB234,29,2 b. The League of Wisconsin Municipalities.

AB234,29,3 c. The Wisconsin Towns Association.

AB234,29,4 d. The Wisconsin State Telecommunications Association.

AB234,29,5 e. The Wisconsin Cable Communications Association.

AB234,29,6 f. The Wisconsin Utilities Association.

AB234,29,8 7. Two representatives of the wireless community appointed jointly by the speaker of the assembly and the senate majority leader.

AB234,29,12 8. Two representatives of the electric distribution community, one of whom represents a for-profit business and one of whom represents a cooperative association, appointed jointly by the speaker of the assembly and the senate majority leader.

AB234,29,15 (c) The study committee shall commence no later than June 1, 2020, and terminate on the date that it completes its study, or January 1, 2021, whichever occurs first.

AB234,4 Section 4 . Initial applicability.

AB234,29,20 (1) The treatment of s. 66.0404 (4e) first applies to an application for a building permit, or any other kind of permit, to construct a new, or substantially modify an existing, mobile service support structure that is filed with a political subdivision on the first day of the 4th month beginning after the effective date of this subsection.

AB234,29,21 (End)