Bill Text: FL S0596 | 2017 | Regular Session | Engrossed
Bill Title: Utilities
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2017-04-28 - Laid on Table, companion bill(s) passed, see CS/CS/HB 687 (Ch. 2017-136), CS/CS/CS/HB 865 (Ch. 2017-42) [S0596 Detail]
Download: Florida-2017-S0596-Engrossed.html
CS for CS for CS for SB 596 First Engrossed 2017596e1 1 A bill to be entitled 2 An act relating to utilities; amending s. 337.401, 3 F.S.; authorizing the Department of Transportation and 4 certain local governmental entities to prescribe and 5 enforce reasonable rules or regulations with reference 6 to the placing and maintaining across, on, or within 7 the right-of-way limits of any road or publicly owned 8 rail corridors under their respective jurisdictions 9 any voice or data communications services lines or 10 wireless facilities; providing a short title; defining 11 terms; prohibiting a county or municipality having 12 jurisdiction and control of the rights-of-way of any 13 public road, referred to as the “authority,” from 14 prohibiting, regulating, or charging for the 15 collocation of small wireless facilities in public 16 rights-of-way under certain circumstances; authorizing 17 an authority to require a registration process and 18 permit fees only under certain circumstances; 19 requiring an authority to receive and process 20 applications for permits and to issue such permits, 21 subject to specified requirements; prohibiting an 22 authority from requiring approval of or imposing fees 23 or other charges for routine maintenance, the 24 replacement of certain wireless facilities, or the 25 installation, placement, maintenance, or replacement 26 of certain micro wireless facilities; providing an 27 exception; providing requirements for the collocation 28 of small wireless facilities on authority utility 29 poles; providing requirements for rates, fees, and 30 other terms related to authority utility poles; 31 authorizing an authority to apply current ordinances 32 regulating placement of communications facilities in 33 the right-of-way, including registration, permitting, 34 insurance coverage, indemnification, performance 35 bonds, security funds, force majeure, abandonment, 36 authority liability, or authority warranties for 37 certain applications; providing that certain permit 38 application requirements and small wireless facility 39 placement requirements shall be waived by the 40 authority; prohibiting an authority from adopting or 41 enforcing any regulation on the placement or operation 42 of certain communications facilities, from regulating 43 any communications services, or from imposing or 44 collecting any tax, fee, or charge not specifically 45 authorized under state law; providing construction; 46 requiring a wireless provider to comply with certain 47 nondiscriminatory undergrounding requirements of the 48 authority; authorizing the authority to waive any such 49 requirements; authorizing a wireless infrastructure 50 provider to apply to an authority to place utility 51 poles in the public rights-of-way to support the 52 collocation of small wireless facilities; providing 53 requirements for such application; requiring the 54 authority to accept and process the application, 55 subject to certain requirements; providing 56 construction; authorizing an authority to enforce 57 local codes, administrative rules, or regulations 58 adopted by ordinance in effect on a specified date 59 which are applicable to a historic area designated by 60 the state or authority; authorizing an authority to 61 enforce pending local ordinances, administrative 62 rules, or regulations that are applicable to a 63 historic area designated by the state if the intent to 64 adopt such changes has been publicly declared on or 65 before a specified date; providing retroactive 66 applicability; authorizing an authority to waive 67 certain ordinances or other requirements; providing an 68 effective date. 69 70 Be It Enacted by the Legislature of the State of Florida: 71 72 Section 1. Paragraph (a) of subsection (1) of section 73 337.401, Florida Statutes, is amended, and subsection (7) is 74 added to that section, to read: 75 337.401 Use of right-of-way for utilities subject to 76 regulation; permit; fees.— 77 (1)(a) The department and local governmental entities, 78 referred to in this section and in ss. 337.402, 337.403, and 79 337.404 as the “authority,” that have jurisdiction and control 80 of public roads or publicly owned rail corridors are authorized 81 to prescribe and enforce reasonable rules or regulations with 82 reference to the placing and maintaining across, on, or within 83 the right-of-way limits of any road or publicly owned rail 84 corridors under their respective jurisdictions any electric 85 transmission, voicetelephone, telegraph, data, or other 86 communications services lines or wireless facilities; pole 87 lines; poles; railways; ditches; sewers; water, heat, or gas 88 mains; pipelines; fences; gasoline tanks and pumps; or other 89 structures referred to in this section and in ss. 337.402, 90 337.403, and 337.404 as the “utility.” The department may enter 91 into a permit-delegation agreement with a governmental entity if 92 issuance of a permit is based on requirements that the 93 department finds will ensure the safety and integrity of 94 facilities of the Department of Transportation; however, the 95 permit-delegation agreement does not apply to facilities of 96 electric utilities as defined in s. 366.02(2). 97 (7)(a) This subsection may be cited as the “Advanced 98 Wireless Infrastructure Deployment Act.” 99 (b) As used in this subsection, the term: 100 1. “Antenna” means communications equipment that transmits 101 or receives electromagnetic radio frequency signals used in 102 providing wireless services. 103 2. “Applicable codes” means uniform building, fire, 104 electrical, plumbing, or mechanical codes adopted by a 105 recognized national code organization or local amendments to 106 those codes enacted solely to address threats of destruction of 107 property or injury to persons, or local codes or ordinances 108 adopted to implement this subsection. The term includes 109 objective design standards adopted by ordinance which may 110 require that a new utility pole replacing an existing utility 111 pole be of substantially similar design, material, and color, or 112 that ground-mounted equipment meet reasonable spacing 113 requirements. The term includes objective design standards 114 adopted by ordinance which may require a small wireless facility 115 to meet reasonable location context, color, stealth, and 116 concealment requirements; however, the authority may waive the 117 design standards upon a showing that the design standards are 118 not reasonably compatible for the particular location of a small 119 wireless facility or that the design standards impose an 120 excessive expense. The waiver must be granted or denied within 121 45 days after the date of the waiver request. 122 3. “Applicant” means a person who submits an application 123 and is a wireless provider. 124 4. “Application” means a request submitted by an applicant 125 to an authority for a permit to collocate small wireless 126 facilities. 127 5. “Authority” means a county or municipality having 128 jurisdiction and control of the rights-of-way of any public 129 roads. The term does not include the Florida Department of 130 Transportation. The Florida Department of Transportation rights 131 of-way are excluded from this subsection. 132 6. “Authority utility pole” means a utility pole owned by 133 an authority in the right-of-way. The term does not include a 134 utility pole owned by a municipal electric utility or any 135 utility pole used to support municipally owned or operated 136 electric distribution facilities, or a utility pole located in 137 the right-of-way within: 138 a. A retirement community that: 139 (I) Is deed-restricted as housing for older persons as 140 defined in s. 760.29(4)(b); 141 (II) Has more than 5,000 residents; and 142 (III) Has underground utilities for electric transmission 143 or distribution; or 144 b. A municipality that: 145 (I) Is located on a coastal barrier island as defined in s. 146 161.053(1)(b)3.; 147 (II) Has a land area of less than 5 square miles; 148 (III) Has fewer than 10,000 residents; and 149 (IV) Has, before July 1, 2017, received referendum approval 150 to issue debt to finance municipality-wide underground utilities 151 for electric transmission or distribution. 152 7. “Collocate” or “collocation” means to install, mount, 153 maintain, modify, operate, or replace one or more wireless 154 facilities on, under, within, or adjacent to a wireless support 155 structure or utility pole. The term does not include the 156 installation of a new utility pole or wireless support structure 157 in the public rights-of-way. 158 8. “FCC” means the Federal Communications Commission. 159 9. “Micro wireless facility” means a small wireless 160 facility having dimensions no larger than 24 inches in length, 161 15 inches in width, and 12 inches in height and an exterior 162 antenna, if any, no longer than 11 inches. 163 10. “Small wireless facility” means a wireless facility 164 that meets the following qualifications: 165 a. Each antenna associated with the facility is located 166 inside an enclosure of no more than 6 cubic feet in volume or, 167 in the case of antennas that have exposed elements, each antenna 168 and all of its exposed elements could fit within an enclosure of 169 no more than 6 cubic feet in volume; and 170 b. All other wireless equipment associated with the 171 facility is cumulatively no more than 28 cubic feet in volume. 172 The following types of associated ancillary equipment are not 173 included in the calculation of equipment volume: electric 174 meters, concealment elements, telecommunications demarcation 175 boxes, ground-based enclosures, grounding equipment, power 176 transfer switches, cutoff switches, vertical cable runs for the 177 connection of power and other services, and utility poles or 178 other support structures. 179 11. “Utility pole” means a pole or similar structure used 180 in whole or in part to provide communications services or for 181 electric distribution, lighting, traffic control, signage, or a 182 similar function. The term includes the vertical support 183 structure for traffic lights, but does not include any 184 horizontal structures upon which are attached signal lights or 185 other traffic control devices and does not include any pole or 186 similar structure 15 feet in height or less unless an authority 187 grants a waiver for the pole. 188 12. “Wireless facility” means equipment at a fixed location 189 which enables wireless communications between user equipment and 190 a communications network, including radio transceivers, 191 antennas, wires, coaxial or fiber-optic cable or other cables, 192 regular and backup power supplies, and comparable equipment, 193 regardless of technological configuration, and equipment 194 associated with wireless communications. The term includes small 195 wireless facilities. The term does not include: 196 a. The structure or improvements on, under, within, or 197 adjacent to the structure on which the equipment is collocated; 198 b. Wireline backhaul facilities; or 199 c. Coaxial or fiber-optic cable that is between wireless 200 structures or utility poles or that is otherwise not immediately 201 adjacent to or directly associated with a particular antenna. 202 13. “Wireless infrastructure provider” means a person who 203 has been certificated to provide telecommunications service in 204 the state and who builds or installs wireless communication 205 transmission equipment, wireless facilities, or wireless support 206 structures, but is not a wireless services provider. 207 14. “Wireless provider” means a wireless infrastructure 208 provider or a wireless services provider. 209 15. “Wireless services” means any services provided using 210 licensed or unlicensed spectrum, whether at a fixed location or 211 mobile, using wireless facilities. 212 16. “Wireless services provider” means a person who 213 provides wireless services. 214 17. “Wireless support structure” means a freestanding 215 structure, such as a monopole, a guyed or self-supporting tower, 216 or another existing or proposed structure designed to support or 217 capable of supporting wireless facilities. The term does not 218 include a utility pole. 219 (c) Except as provided in this subsection, an authority may 220 not prohibit, regulate, or charge for the collocation of small 221 wireless facilities in the public rights-of-way. 222 (d) An authority may require a registration process and 223 permit fees in accordance with subsection (3). An authority 224 shall accept applications for permits and shall process and 225 issue permits subject to the following requirements: 226 1. An authority may not directly or indirectly require an 227 applicant to perform services unrelated to the collocation for 228 which approval is sought, such as in-kind contributions to the 229 authority, including reserving fiber, conduit, or pole space for 230 the authority. 231 2. An applicant may not be required to provide more 232 information to obtain a permit than is necessary to demonstrate 233 the applicant’s compliance with applicable codes for the 234 placement of small wireless facilities in the locations 235 identified in the application. 236 3. An authority may not require the placement of small 237 wireless facilities on any specific utility pole or category of 238 poles or require multiple antenna systems on a single utility 239 pole. 240 4. An authority may not limit the placement of small 241 wireless facilities by minimum separation distances; however, 242 within 14 days after the date of filing the application, an 243 authority may request that the proposed location of a small 244 wireless facility be moved to another location in the right-of 245 way and placed upon an alternative authority utility pole or 246 support structure or placed upon a new utility pole. The 247 authority and applicant may negotiate the alternative location, 248 including any objective design standards, for 30 days after the 249 date of the request. At the conclusion of the negotiation 250 period, if the applicant accepts the alternative location, the 251 applicant must notify the authority, and the application shall 252 be deemed granted for any new location for which there is 253 agreement and all other locations in the application. If no 254 agreement is reached, the applicant must notify the authority, 255 and the authority must grant or deny the original application 256 within 90 days after the date the application is filed. A 257 request for an alternative location, an acceptance of an 258 alternative location, or any rejection of an alternative 259 location must be in writing and provided by electronic mail. 260 5. An authority shall limit the height of a small wireless 261 facility to no more than 10 feet above the utility pole or 262 structure upon which the small wireless facility is to be 263 collocated. Unless waived by an authority, the height for a new 264 utility pole is limited to the tallest existing utility pole as 265 of July 1, 2017, located in the same right-of-way, other than a 266 utility pole for which a waiver has previously been granted, 267 measured from grade in place within 500 feet of the proposed 268 location of the small wireless facility. If there is no utility 269 pole within 500 feet, the authority shall limit the height of 270 the utility pole to 50 feet. 271 6. Except as provided in subparagraphs 4. and 5., the 272 installation of a utility pole in the public rights-of-way 273 designed to support a small wireless facility is subject to 274 authority rules or regulations governing the placement of 275 utility poles in the public rights-of-way and is subject to the 276 application review timeframes in this subsection. 277 7. Within 14 days after receiving an application, an 278 authority must determine and notify the applicant by electronic 279 mail as to whether the application is complete. If an 280 application is deemed incomplete, the authority must 281 specifically identify the missing information. An application is 282 deemed complete if the authority fails to provide notification 283 to the applicant within 14 days. 284 8. An application must be processed on a nondiscriminatory 285 basis. A complete application is deemed approved if an authority 286 fails to approve or deny the application within 60 days after 287 receipt of the application. If an authority does not use the 30 288 day negotiation period provided in subparagraph 4., the parties 289 may mutually agree to extend the 60-day application review 290 period. The authority must grant or deny the application at the 291 end of the extended period. A permit issued pursuant to an 292 approved application remains effective for 1 year unless 293 extended by the authority. 294 9. An authority must notify the applicant of approval or 295 denial by electronic mail. An authority must approve a complete 296 application unless it does not meet the authority’s applicable 297 codes. If the application is denied, the authority must specify 298 in writing the basis for denial, including the specific code 299 provisions on which the denial was based, and send the 300 documentation to the applicant by electronic mail on the day the 301 authority denies the application. The applicant may cure the 302 deficiencies identified by the authority and resubmit the 303 application within 30 days after notice of the denial is sent to 304 the applicant. The authority must approve or deny the revised 305 application within 30 days after receipt or the application is 306 deemed approved. Any subsequent review shall be limited to the 307 deficiencies cited in the denial. 308 10. An applicant seeking to collocate small wireless 309 facilities within the jurisdiction of a single authority may, at 310 the applicant’s discretion, file a consolidated application and 311 receive a single permit for the collocation of no more than 30 312 small wireless facilities. If the application includes multiple 313 small wireless facilities, an authority may remove small 314 wireless facility collocations from the application and treat 315 separately small wireless facility collocations for which 316 incomplete information has been received or which are denied. 317 11. An authority may deny a proposed collocation of a small 318 wireless facility in the public rights-of-way if the proposed 319 collocation: 320 a. Materially interferes with the safe operation of traffic 321 control equipment. 322 b. Materially interferes with sight lines or clear zones 323 for transportation, pedestrians, or public safety purposes. 324 c. Materially interferes with compliance with the Americans 325 with Disabilities Act or similar federal or state standards 326 regarding pedestrian access or movement. 327 d. Materially fails to comply with the 2010 edition of the 328 Florida Department of Transportation Utility Accommodation 329 Manual. 330 e. Fails to comply with applicable codes. 331 12. An authority may adopt by ordinance provisions for 332 registration, permitting, insurance coverage, indemnification, 333 performance bonds, security funds, force majeure, abandonment, 334 authority liability, or authority warranties. Such provisions 335 must be reasonable and nondiscriminatory. 336 13. Collocation of a small wireless facility on an 337 authority utility pole may not provide the basis for the 338 imposition of an ad valorem tax on the authority utility pole. 339 14. An authority may reserve space on authority utility 340 poles for future public safety uses. However, a reservation of 341 space may not preclude collocation of a small wireless facility. 342 If replacement of the authority utility pole is necessary to 343 accommodate the collocation of the small wireless facility and 344 the future public safety use, the pole replacement is subject to 345 make-ready provisions, and the replaced pole shall accommodate 346 the future public safety use. 347 15. Any structure granted a permit and installed pursuant 348 to this subsection must comply with chapter 333 and federal 349 regulations pertaining to airport airspace protections. 350 (e) An authority may not require approval of or impose fees 351 or other charges for: 352 1. Routine maintenance; 353 2. Replacement of existing wireless facilities with 354 wireless facilities that are substantially similar or of the 355 same or smaller size; or 356 3. Installation, placement, maintenance, or replacement of 357 micro wireless facilities suspended on cables strung between 358 existing utility poles in compliance with applicable codes by a 359 communications service provider authorized to occupy the rights 360 of-way and who is remitting taxes under chapter 202. 361 362 However, notwithstanding this paragraph, an authority may 363 require a right-of-way permit for work that involves excavation, 364 closing a sidewalk, or closing a vehicular lane. 365 (f) Collocation of small wireless facilities on authority 366 utility poles is subject to the following requirements: 367 1. An authority may not enter into an exclusive arrangement 368 with any person for the right to attach equipment to authority 369 utility poles. 370 2. The rates and fees for collocations on authority utility 371 poles must be nondiscriminatory, regardless of the services 372 provided by the collocating person. 373 3. The rate to collocate small wireless facilities on 374 authority utility poles may not exceed $150 per pole annually. 375 4. Agreements between authorities and wireless providers 376 which are in effect on July 1, 2017, and which relate to the 377 collocation of small wireless facilities in the right-of-way, 378 including the collocation of small wireless facilities on 379 authority utility poles, remain in effect, subject to applicable 380 termination provisions. The wireless provider may accept the 381 rates, fees, and terms established under this subsection for 382 small wireless facilities and utility poles that are the subject 383 of an application submitted after the rates, fees, and terms 384 become effective. 385 5. A person owning or controlling an authority utility pole 386 shall offer rates, fees, and other terms that comply with this 387 subsection. By the later of January 1, 2018, or 3 months after 388 receiving a request to collocate its first small wireless 389 facility on a utility pole owned or controlled by an authority, 390 the person owning or controlling the authority utility pole 391 shall make available, through ordinance or otherwise, rates, 392 fees, and terms for the collocation of small wireless facilities 393 on the authority utility pole which comply with this subsection. 394 a. The rates, fees, and terms must be nondiscriminatory, 395 competitively neutral, and must comply with this subsection. 396 b. For an authority utility pole that supports an aerial 397 facility used to provide communications services or electric 398 service, the parties shall comply with the process for make 399 ready work under 47 U.S.C. s. 224 and implementing regulations. 400 The good faith estimate of the person owning or controlling the 401 pole for any make-ready work necessary to enable the pole to 402 support the requested collocation must include pole replacement 403 if necessary. 404 c. For an authority utility pole that does not support an 405 aerial facility used to provide communications services or 406 electric service, the authority shall provide a good faith 407 estimate for any make-ready work necessary to enable the pole to 408 support the requested collocation, including necessary pole 409 replacement, within 60 days after receipt of a complete 410 application. Make-ready work, including any pole replacement, 411 must be completed within 60 days after written acceptance of the 412 good faith estimate by the applicant. Alternatively, an 413 authority may require the applicant seeking to collocate a small 414 wireless facility to provide a make-ready estimate at the 415 applicant’s expense for the work necessary to support the small 416 wireless facility, including pole replacement, and to perform 417 the make-ready work. If pole replacement is required, the scope 418 of the make-ready estimate is limited to the design, 419 fabrication, and installation of a utility pole that is 420 substantially similar in color and composition. The authority 421 may not impose conditions on or restrict the manner in which the 422 applicant obtains, develops, or provides the estimate or 423 conducts the make-ready work subject to usual construction 424 restoration standards for work in the right-of-way. The replaced 425 or altered utility pole shall remain the property of the 426 authority. 427 d. An authority may not require more make-ready work than 428 is required to meet applicable codes or industry standards. Fees 429 for make-ready work may not include costs related to preexisting 430 damage or prior noncompliance. Fees for make-ready work, 431 including any pole replacement, may not exceed actual costs or 432 the amount charged to communications service providers other 433 than wireless services providers for similar work and may not 434 include any consultant fee or expense. 435 (g) For any applications filed before the effective dates 436 of ordinances implementing this subsection, an authority may 437 apply current ordinances regulating the placement of 438 communications facilities in the right-of-way, including 439 registration, permitting, insurance coverage, indemnification, 440 performance bonds, security funds, force majeure, abandonment, 441 authority liability, or authority warranties. Permit application 442 requirements and small wireless facility placement requirements, 443 including utility pole height limits, which conflict with this 444 subsection shall be waived by the authority. 445 (h) Except as provided in this section or specifically 446 required by state law, an authority may not adopt or enforce any 447 regulation on the placement or operation of communications 448 facilities in the rights-of-way by a provider authorized by 449 state law to operate in the rights-of-way and may not regulate 450 any communications services or impose or collect any tax, fee, 451 or charge not specifically authorized under state law. This 452 paragraph is not intended to change state law regarding an 453 authority’s ability to regulate the relocation of facilities. 454 (i) A wireless provider shall, in relation to a small 455 wireless facility, utility pole, or wireless support structure 456 in the public rights-of-way, comply with nondiscriminatory 457 undergrounding requirements of the authority which prohibit 458 above-ground structures in public rights-of-way. Any such 459 requirements may be waived by the relevant authority. 460 (j) A wireless infrastructure provider may apply to an 461 authority to place utility poles in the public rights-of-way to 462 support the collocation of small wireless facilities. The 463 application must include an attestation that small wireless 464 facilities will be collocated on the utility pole or structure 465 and small wireless facilities will be used by a wireless 466 services provider to provide service within 9 months from the 467 date the application is granted. An authority shall accept and 468 process the application in accordance with subparagraph (d)6. 469 and any applicable codes and other local codes governing the 470 placement of utility poles in the public rights-of-way. 471 (k) This subsection does not limit a local government’s 472 authority to enforce historic preservation zoning regulations 473 consistent with the preservation of local zoning authority under 474 47 U.S.C. s. 332(c)(7), the requirements for facility 475 modifications under 47 U.S.C. s. 1455(a), or the National 476 Historic Preservation Act of 1966, as amended, and the 477 regulations adopted to implement these laws. An authority may 478 enforce local codes, administrative rules, or regulations 479 adopted by ordinance in effect on April 1, 2017, which are 480 applicable to a historic area designated by the state or 481 authority. An authority may enforce pending local ordinances, 482 administrative rules, or regulations that are applicable to a 483 historic area designated by the state if the intent to adopt 484 such changes has been publicly declared on or before April 1, 485 2017. An authority may waive any ordinances or other 486 requirements that are subject to this paragraph. 487 (l) This subsection does not authorize a person to 488 collocate or attach wireless facilities, including any antenna, 489 micro wireless facility, or small wireless facility, on a 490 privately owned utility pole, a utility pole owned by an 491 electric cooperative or a municipal electric utility, a 492 privately owned wireless support structure, or other private 493 property without the consent of the property owner. 494 (m) The approval of the installation, placement, 495 maintenance, or operation of a small wireless facility pursuant 496 to this subsection may not be construed to authorize the 497 provision of any voice, data, or video communications services 498 or the installation, placement, maintenance, or operation of any 499 communications facilities other than small wireless facilities 500 in the right-of-way. 501 (n) This subsection does not affect the provisions of 502 subsection (6) relating to pass-through providers. 503 (o) This subsection does not authorize a person to 504 collocate or attach small wireless facilities or micro wireless 505 facilities on a utility pole unless otherwise permitted by 506 federal law, or to erect a wireless support structure in the 507 right-of-way located within a retirement community that: 508 1. Is deed-restricted as housing for older persons as 509 defined in s. 760.29(4)(b); 510 2. Has more than 5,000 residents; and 511 3. Has underground utilities for electric transmission or 512 distribution. 513 514 Nothing in this paragraph applies to the installation, 515 placement, maintenance, or replacement of micro wireless 516 facilities on any existing and duly authorized aerial 517 communications facilities, provided that once aerial facilities 518 are converted to underground, any such collocation or 519 construction shall be only as provided by the municipality’s 520 underground utilities ordinance. 521 (p) This subsection does not authorize a person to 522 collocate or attach small wireless facilities or micro wireless 523 facilities on a utility pole unless otherwise permitted by 524 federal law, or to erect a wireless support structure in the 525 right-of-way located within a municipality that: 526 1. Is located on a coastal barrier island as defined in s. 527 161.053(1)(b)3.; 528 2. Has a land area of less than 5 square miles; 529 3. Has fewer than 10,000 residents; and 530 4. Which has, before July 1, 2017, received referendum 531 approval to issue debt to finance municipality-wide 532 undergrounding of its utilities for electric transmission or 533 distribution. 534 535 Nothing in this paragraph applies to the installation, 536 placement, maintenance, or replacement of micro wireless 537 facilities on any existing and duly authorized aerial 538 communications facilities, provided that once aerial facilities 539 are converted to underground, any such collocation or 540 construction shall be only as provided by the municipality’s 541 underground utilities ordinance. 542 (q) This subsection does not authorize a person to 543 collocate small wireless facilities or micro wireless facilities 544 on an authority utility pole or erect a wireless support 545 structure in a location subject to covenants, conditions, and 546 restrictions; articles of incorporation; and bylaws of a home 547 owners association. Nothing in this paragraph applies to the 548 installation, placement, maintenance, or replacement of micro 549 wireless facilities on any existing and duly authorized aerial 550 communications facilities. 551 Section 2. This act shall take effect July 1, 2017.