AB348: Bill Text

AB348,11,22 2. Except as provided in subd. 4., the height of a utility pole or wireless support structure installed, or modified, in a right-of-way may not exceed the greater of:

AB348,11,25 a. Ten feet above the tallest existing utility pole that is in place on the effective date of this subd. 2. a. .... [LRB inserts date], and that is located within 500 feet of the new or modified pole or structure in the same right-of-way.

AB348,12,1 b. Fifty feet above ground level.

AB348,12,3 3. The height of a wireless facility installed, or modified, in a right-of-way may not exceed the greater of:

AB348,12,5 a. Ten feet above the tallest existing utility pole or wireless support structure that is in place on the effective date of this subd. 3. a. .... [LRB inserts date].

AB348,12,6 b. The maximum height described in subd. 2. b.

AB348,12,11 4. A wireless provider may construct, modify, and maintain a utility pole, wireless support structure, or wireless facility along, across, upon, and under a right-of-way that exceeds the height limits in this paragraph if the wireless provider complies with height limits under the zoning ordinances enacted by a political subdivision under s. 59.69, 60.61, or 62.23.

AB348,12,18 5. With regard to the rights of a wireless provider to construct wireless facilities or modify utility poles, wireless support structures, conduit, cable, and related appurtenances and facilities as described in subd. 1., a political subdivision may propose an alternate location within 50 feet of the proposed location, which the wireless provider shall use if it has the right to use the alternate structure on reasonable terms and conditions and the alternate location does not impose technical limits or additional costs, as determined by the wireless provider.

AB348,13,2 (f) Damage and repair. The state or a political subdivision may require a wireless provider to repair all damage that is directly caused by the activities of the wireless provider in a right-of-way involving its wireless facilities, wireless support structures, or utility poles, and to return the right-of-way to its former condition before it was so damaged. If the wireless provider fails to make the required repairs within a reasonable amount of time after receiving a written request to do so from the state or a political subdivision, the state or political subdivision may make the necessary repairs and charge the liable party for the cost of the repairs.

AB348,13,5 (g) Nondiscrimination. The state and political subdivisions must administer and regulate a right-of-way in a competitively neutral manner with regard to all users of the right-of-way.

AB348,13,10 (3) Collocation of small wireless facilities. (a) Applicability. This subsection applies to the activities of a wireless provider both within and outside a right-of-way. Except as provided in this subsection and in subs. (2) and (4), neither the state nor a political subdivision may prohibit, regulate, or charge any person for the collocation of small wireless facilities.

AB348,13,15 (b) Zoning. Notwithstanding an ordinance enacted under s. 59.69, 60.61, or 62.23, and except as provided in par. (c) 4., small wireless facilities shall be classified as permitted uses and are not subject to a political subdivision's zoning ordinances if they are collocated in a right-of-way or outside a right-of-way if the property is not zoned exclusively for single-family residential use.

AB348,13,21 (c) Permits. 1. Subject to subd. 3., the state or a political subdivision may require an application for a permit to collocate a small wireless facility and to construct, modify, maintain, or operate a new or replacement utility pole or wireless support structure, provided such permit is of general applicability and does not apply exclusively to wireless facilities. All of the following apply to such permit applications filed by an applicant:

AB348,13,23 a. Neither the state nor a political subdivision may require an applicant to perform services unrelated to the collocation for which approval is sought.

AB348,14,2 b. Neither the state nor a political subdivision may require an applicant that is a wireless provider to provide more information in its permit application than such a governmental unit requires from a communications service provider that is not a wireless provider and that applies for the same type of permit.

AB348,14,5 c. The state or a political subdivision shall notify an applicant in writing, within 10 days of receiving the application, whether it is complete. If it is incomplete, the state or political subdivision shall specify why the application is incomplete.

AB348,14,10 d. Except as provided in subd. 1. e., with regard to any type of construction, building, or encroachment permit required by a political subdivision that relates to a collocation conducted under this subsection, if the state or a political subdivision fails to approve or deny a permit application under this section not later than 90 days after its receipt, the applicant may consider its permit application approved.

AB348,14,16 e. If a permit described in subd. 1. d. does not relate to collocation involving the construction or installation of new wireless facilities, utility poles, wireless support structures, conduits, cables, or related appurtenances and facilities described in sub. (2) (e) 1., and the political subdivision fails to approve or deny the permit application under this section not later than 60 days after its receipt, the applicant may consider its permit application approved.

AB348,14,25 f. The state or a political subdivision shall approve a permit application unless it does not meet the applicable codes. If the permit application is denied for this reason, the state or political subdivision shall provide the applicant with written documentation explaining the basis for the denial no later than the date that the permit application is denied. An applicant may cure the deficiencies identified in the documentation and resubmit the permit application no later than 30 days after receipt of the documentation without being required to pay an additional application fee. The state or a political subdivision shall approve or deny the revised permit application not later than 30 days after its receipt.

AB348,15,4 g. An applicant seeking to collocate more than one small wireless facility within the jurisdiction of a single political subdivision may, at the applicant's discretion, file a consolidated application and receive a single permit for the collocation of multiple small wireless facilities.

AB348,15,10 h. If an applicant's permit application is approved, the applicant shall commence the activity authorized by the permit no later than 365 days after its receipt and shall pursue work on the activity until completion. Neither the state nor a political subdivision may place any time limitation on an applicant that is related to the permit. An applicant may request that the state or a political subdivision terminate the applicant's permit.

AB348,15,12 2. Neither the state nor a political subdivision may institute a moratorium on any of the following:

AB348,15,13 a. The filing, receiving, or processing of applications.

AB348,15,15 b. The issuance of permits or other approvals for the collocation of small wireless facilities.

AB348,15,19 3. An approval under this section authorizes only the installation, placement, maintenance, or operation of a small wireless facility to provide wireless service and does not authorize the provision of any other service or the installation, placement, maintenance, or operation of wireline backhaul service in a right-of-way.

AB348,15,23 4. The state or a political subdivision may require an application for a permit to collocate wireless facilities and construct, modify, maintain, and operate utility poles, wireless support structures, conduit, cable, and related appurtenances and facilities on property to which any of the following applies:

AB348,16,2 a. As of the effective date of this subd. 4. a. .... [LRB inserts date], the property is located within a historic district, as designated by a political subdivision; listed on the national register of historic places in Wisconsin; or listed on the state register of historic places.

AB348,16,7 b. As of the effective date of this subd. 4. b. .... [LRB inserts date], the property is located in an area in which any pipe, pipeline, duct, wire, line, conduit, or other equipment, which is used for the transmission, distribution, or delivery of electrical power, heat, water, gas, sewer, or telecommunications equipment, is located underground.

AB348,16,13 (d) Application fees. 1. The state or a political subdivision may charge an application fee only if an application fee is required for similar types of permit applications related to other types of commercial development within the governmental unit's jurisdiction. Such a fee may be imposed only for the actual, direct, and reasonable costs incurred by the governmental unit that relate to the processing and granting of the permit.

AB348,16,14 2. An application fee may not include any of the following:

AB348,16,15 a. Travel expenses incurred by a 3rd party in its review of an application.

AB348,16,17 b. A direct payment or reimbursement of 3rd-party rates or fees charged on a contingency basis or a result-based arrangement.

AB348,16,20 3. If a dispute arises concerning the appropriateness of an application fee, the state or political subdivision bears the burden of proving that the fee is reasonably related to the actual, direct, and reasonable costs incurred by the governmental unit.

AB348,16,22 4. Notwithstanding subds. 1. to 3., an application fee may not exceed the lesser of the following:

AB348,16,24 a. A building permit issued by the state or a political subdivision for any similar commercial construction, activity, or land use development.

AB348,17,3 b. One hundred dollars each for up to 5 small wireless facilities that are specified in the permit application, and $50 for each additional small wireless facility that is specified in the permit application.

AB348,17,5 (e) Approvals not required. Neither the state nor a political subdivision may require applications, permits, or fees for any of the following:

AB348,17,6 1. Routine maintenance.

AB348,17,11 2. The replacement of a wireless facility with a wireless facility that is substantially similar to, or the same size or smaller than, the existing wireless facility, except that the governmental unit may require the person seeking to replace the wireless facility to obtain a permit to work within a right-of-way to complete such a replacement.

AB348,17,14 3. The installation, placement, maintenance, operation, or replacement of microwireless facilities that are strung on cables between existing utility poles or wireless support structures in compliance with applicable codes.

AB348,17,17 (f) Traffic work permits. Nothing in this section prohibits a political subdivision from requiring a work permit for work that will unreasonably affect traffic patterns or obstruct vehicular traffic in a right-of-way.

AB348,17,22 (4) Access to governmental structures. (a) Collocation of small wireless facilities on governmental poles and utility poles for designated services. 1. A person owning or controlling a governmental pole or a utility pole for designated services may not enter into an exclusive arrangement with any person for the right to attach to, or use, such poles.

AB348,17,25 2. The fees or rates charged by the owner of a pole described under subd. 1. may not be discriminatory, without regard to the type of collocation provided by the person who contracts to use such a pole.

AB348,18,2 3. The rate an owner of a utility pole for designated services charges another person to collocate on the owner's pole may not exceed $100 per year per pole.

AB348,18,11 4. The rate an owner of a governmental pole charges another person to collocate on the owner's pole shall be sufficient to recover the actual, direct, and reasonable costs related to the applicant's application for, and use of, space on the pole, except that the total annual rate for a collocation and any related activities may not exceed the lesser of the actual, direct, and reasonable costs related to the collocation or the amount specified in subd. 3. If a dispute arises concerning the appropriateness of a rate charged by the state or political subdivision under this subdivision, the governmental unit bears the burden of proving that the fee is reasonably related to the actual, direct, and reasonable costs incurred by the governmental unit.

AB348,18,18 5. If a person owning or controlling a governmental pole or a utility pole for designated services charges any person a fee or rate for a service described under subd. 2., 3., or 4. on the effective date of this subdivision .... [LRB inserts date], that is inconsistent with the fees or rates described under subds. 2., 3., and 4., the person owning such a pole shall revise its fee or rate to be in compliance with those subdivisions not later than the first day of the 7th month beginning after the effective date of this subdivision .... [LRB inserts date].

AB348,18,25 6. With regard to a governmental pole that supports aerial cables used for 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 under 47 USC 224 and its implementing regulations. The good faith estimate of the person owning or controlling such poles for any make-ready work necessary to enable the pole to support the requested collocation must include pole replacement if necessary.

AB348,19,7 7. With regard to a governmental pole that does not support aerial cables used for video, communications, or electric service, the governmental unit shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested collocation, including pole replacement if necessary, not later than 60 days beginning after receipt of a complete application. Make-ready work, including any pole replacement, must be completed within 60 days of written acceptance of the good faith estimate by the applicant.

AB348,19,15 8. A person owning or controlling a governmental pole or a utility pole for designated services may not require more make-ready work than required to meet applicable codes or industry standards. Fees for make-ready work may not include any costs that are related to preexisting conditions, prior damage, or noncompliance with currently applicable standards. Fees for make-ready work, including any pole replacement, may not exceed actual costs or the amount charged to other communications service providers for similar work, and may not include any consultant fees or expenses.

AB348,19,23 (b) Collocation on governmental wireless support structures and utility poles outside the right-of-way. The state or a political subdivision shall authorize the collocation of small wireless facilities on wireless support structures and utility poles owned or operated by a governmental unit that are not located within the right-of-way to the same extent that the governmental unit permits access to such structures for other commercial projects or uses. Such collocations are subject to sub. (3) (c) 4. and to reasonable and nondiscriminatory rates, fees, and terms as are provided in an agreement between the governmental unit and a wireless provider.

AB348,20,2 (5) Local authority. (a) Subject to the provisions of this section and applicable federal law, and except as provided under par. (b), a political subdivision may exercise zoning, land use, planning, and permitting authority with respect to wireless support structures and utility poles.

AB348,20,7 (b) A political subdivision may not exercise any authority over the design, engineering, construction, installation, or operation of any small wireless facility located in an interior structure or upon the site of any campus, stadium, or athletic facility that is not owned or controlled by the political subdivision, other than to comply with applicable codes.

AB348,20,14 (c) Except as provided in this section or required by federal law, a political subdivision may not adopt or enforce any regulation on the placement or operation of communications facilities in a right-of-way where an entity is authorized on the effective date of this paragraph .... [LRB inserts date], to operate in the right-of-way, or its wireless provider affiliate, and may not regulate or impose or collect fees on communications services except to the extent specifically provided for in that authorization, and unless expressly required by state or federal statute.

AB348,21,2 (6) Dispute resolution. 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 wireless facility or wireless support structure 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 government 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.

AB348,21,12 (7) 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. A wireless provider shall waive any claims that it may have against a political subdivision with respect to consequential, incidental, or special damages, however caused, based on the theory of liability.

AB348,21,15 (8) Federal law; contracts. Nothing in this section replaces or supersedes contractual obligations or federal laws regarding utility poles that relate to wireless providers and investor-owned electric utilities.

AB348,3 Section 3 . Nonstatutory provisions.

AB348,21,23 (1) If a person is affected by a contract that is in effect on the effective date of this subsection and that contains provisions that are inconsistent with section 66.0414 (2) (d) or (4) (a) 5. of the statutes but that are not inconsistent with any applicable law in effect immediately before the effective date of this subsection, then, notwithstanding section 66.0414 (2) (d) or (4) (a) 5. of the statutes, the person may perform its obligations, and exercise its rights, under those provisions of the contract until the contract expires.

AB348,4 Section 4 . Initial applicability.

AB348,22,4 (1) The treatment of section 66.0404 (4e) of the statutes 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 January 1, 2018.

AB348,22,5 (End)