SB425: Bill Text

SB425,17,19 2. An application fee may not include any of the following:

SB425,17,20 a. Travel expenses incurred by a 3rd party in its review of an application.

SB425,17,22 b. A direct payment or reimbursement of 3rd-party rates or fees charged on a contingency basis or a result-based arrangement.

SB425,17,25 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.

SB425,18,2 4. Notwithstanding subds. 1. to 3., an application fee may not exceed the lesser of the following:

SB425,18,4 a. A building permit issued by the state or a political subdivision for any similar commercial construction, activity, or land use development.

SB425,18,7 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.

SB425,18,9 (e) Approvals not required. Neither the state nor a political subdivision may require applications, permits, or fees for any of the following:

SB425,18,10 1. Routine maintenance.

SB425,18,15 2. The replacement of a small wireless facility with a small wireless facility that is substantially similar to, or the same size or smaller than, the existing small wireless facility, except that the governmental unit may require the person seeking to replace the small wireless facility to obtain a permit to work within a right-of-way to complete such a replacement.

SB425,18,18 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.

SB425,18,21 (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.

SB425,19,2 (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.

SB425,19,5 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.

SB425,19,11 3. The rate a political subdivision may charge a wireless provider to collocate a small wireless facility on a utility pole for designated services owned or operated by the political subdivision shall be governed by an agreement between the political subdivision and the wireless provider. If there is a failure to agree on the rate, the public service commission shall determine the compensation pursuant to the procedures in s. 196.04 and the determination shall be reviewable under s. 196.41.

SB425,19,21 4. The rate an owner of a governmental pole other than a utility pole for designated services 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 $100 per year per pole. 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.

SB425,20,3 5. a. Except as provided in subd. 5. b., by the later of the first day of the 7th month beginning after the effective date of this subd. 5. a. .... [LRB inserts date], or 3 months after receiving its first request to collocate a small wireless facility on a governmental pole, other than a utility pole for designated services, the state or a political subdivision shall make available, through ordinance or otherwise, rates, fees, and terms for the collocation of small wireless facilities on governmental poles that comply with this subsection.

SB425,20,11 b. Agreements between a wireless provider and the state or a political subdivision that are in effect on the effective date of this subd. 5. b. .... [LRB inserts date], and that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on governmental poles, remain in effect, subject to applicable termination provisions, except that by the first day of the 25th month beginning after the effective date of this subd. 5. b. .... [LRB inserts date], the state or political subdivision shall amend any such agreement to comply with the rates, fees, and terms required under this subsection.

SB425,20,18 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, including 47 CFR 1.1420 and 1.1422. 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.

SB425,21,3 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, except that the governmental unit may provide the applicant with access to the governmental pole that is necessary for the applicant to make that estimate. Make-ready work, including any pole replacement, must be completed within 60 days after the applicant's written acceptance of a good faith estimate provided by the governmental unit or within 60 days after the applicant makes the estimate.

SB425,21,11 8. A person owning or controlling a governmental pole other than 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.

SB425,21,19 (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.

SB425,21,23 (5) Local authority. (a) Subject to the provisions of this section, ss. 182.017 and 196.58, 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.

SB425,22,3 (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.

SB425,22,6 (c) 1. In this paragraph, “affiliate” means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, another person.

SB425,22,15 2. 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, or regulate, impose, or collect fees on communication services in a right-of-way, that are provided by an entity authorized on the effective date of this subdivision .... [LRB inserts date], to operate in the right-of-way, or by that entity's 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.

SB425,23,3 (6) Dispute resolution. Except as provided in sub. (4) (a) 3., 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 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.

SB425,23,13 (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.

SB425,23,18 (8) 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.

SB425,23,23 (9) 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.

SB425,3 Section 3. Initial applicability.

SB425,24,4 (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.

SB425,24,5 (End)