AB234: Bill Text

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)