Bill Text: GA SB192 | 2009-2010 | Regular Session | Comm Sub

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Bill Title: Wireless Communications Tower Siting Act; provide planning for the construction of wireless facilities/wireless support structures

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-01-11 - Senate Recommitted [SB192 Detail]

Download: Georgia-2009-SB192-Comm_Sub.html

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09 LC 28 4713ERS

The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 192:

A BILL TO BE ENTITLED
AN ACT

To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide a short title; to provide legislative findings; to provide for definitions; to provide for planning for the construction of wireless facilities and wireless support structures; to provide for the procedure and manner of permitting of such structures; to provide for the collocating of wireless communication antennas on existing structures where possible; to provide for certain limitations with regard to such structures; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new chapter to read as follows:

"CHAPTER 66B

36-66B-1.

This chapter shall be known and may be cited as the 'Wireless Communications Tower Siting Act.'

36-66B-2.

The General Assembly finds that the enactment of this chapter is necessary for the purpose of:

(1) Ensuring the safe and efficient integration of facilities necessary for the provision of broadband and other advanced wireless communications services throughout this state; and

(2) Ensuring the ready availability of reliable wireless service to the public and government agencies and first responders, with the intention of furthering public safety and general welfare.

It is not the intent of this chapter to limit or preempt the scope of a zoning authority's review of applications for the siting of wireless facilities or wireless support structures.

36-66B-3.

As used in this chapter, the term:

(1) 'Antenna' means communications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services.

(2) 'Application' means a formal request submitted to the local authority to construct or modify a wireless support structure or a wireless facility.

(3) 'Authority' means a municipality or county that has adopted planning and zoning regulations for all or the majority of land uses within its jurisdiction.

(4) 'Building permit' means an official administrative authorization issued by the local authority prior to beginning construction of any new or existing support structure. The issuance of a building permit is not a mechanism for the approval or denial of a zoning or land use application.

(5) 'Collocation' means the placement or installation of wireless facilities on existing structures, including towers, buildings, utility poles, and water tanks, in a manner that negates the need to construct a new freestanding support structure, such as a tower.

(6) 'Equipment enclosure' means an enclosed structure, cabinet, or shelter used to contain radio or other equipment necessary for the transmission or reception of wireless communication signals.

(7) 'Existing tower' means a freestanding support structure constructed prior to the effective date of this chapter that is used to provide wireless services.

(8) 'High-voltage electrical transmission tower' means a structure owned or operated by a public utility, municipality, electric membership corporation, or rural electric cooperative that is designed specifically for and used to carry lines, cables, or wires for the long distance transmission of high-voltage electricity. Such term shall not include a utility pole.

(9) 'Utility pole' means a structure owned or operated by a public utility, municipality, electric membership corporation, or rural electric cooperative that is designed specifically for and used to carry lines, cables, or wires for telephony, cable television, or electricity or to provide lighting.

(10) 'Wireless facility' means the set of equipment and network components, exclusive of the underlying support structure or tower, including, but not limited to, antennas, transmitters, receivers, base stations, power supplies cabling, and associated equipment necessary to provide wireless services to a discrete geographic area.

(11) 'Wireless support structure' means, other than a utility pole, a freestanding structure, such as a monopole or tower, designed to support wireless facilities.

36-66B-4.

(a) An authority may plan for and regulate the siting of wireless facilities and wireless support structures in accordance with locally adopted planning or zoning regulations and in conformity with this title.

(b) Any person that is engaged in the business of providing wireless telecommunications services, or the wireless telecommunications infrastructure required therefor, and that proposes to construct a wireless support structure within the jurisdiction of any planning authority that has adopted planning and zoning regulations in accordance with this title shall:

(1) Submit the necessary copies and attachments of the completed application to the appropriate planning authority to construct a wireless support structure; and

(2) Comply with any local ordinances concerning land use and the appropriate permitting processes, subject to the limitations imposed by this chapter;

(c) All records, such as documents, electronic data, and the like, in the possession or custody of authority personnel shall be subject to Article 4 of Chapter 18 of Title 50. Disclosure of such records shall be consistent with applicable state laws;

(d) After the submission of a completed application to construct a wireless support structure, the authority shall, within 75 days commencing from the date that the application is deemed complete by the authority or within a date certain specified in a written agreement between the authority and the applicant:

(1) Review the completed application in light of relevant building code regulations;

(2) Make its final decision to approve or disapprove the application; and

(3) Advise the applicant in writing of its final decision.

(e) A party aggrieved by the final action of an authority denying an application under the provisions of this chapter may bring an action for review in any court of competent jurisdiction.

36-66B-5.

(a) In deploying or expanding commercial and public safety wireless networks, the collocation of new antennas and equipment on existing support structures, including buildings, utility poles, water towers, or existing conforming communication towers, shall be preferred over the construction of new towers or support structures; provided, however, that the authority shall not permit or authorize the placing or collocating of antennas on high-voltage electrical transmission towers. Further preference shall be given to neutral third-party infrastructure providers.

(b) Irrespective of subsection (a) of this Code section, an application for collocation on an existing structure other than a utility pole may be subject to the issuance of a building permit and any cost based fee associated with such building permit.

(c) The authority may deny an application to construct a new wireless support structure based on an applicant's unwillingness to evaluate the reasonable feasibility of collocating new antennas and equipment on an existing structure or structures within the applicant's search ring.

(d) The authority shall not deny an application to construct a new wireless communications support structure under subsection (c) of this Code section if evidence is provided that collocation on an existing structure is technically infeasible.

(e) After an applicant submits a completed application, the authority shall, within 45 days commencing from the date that an application for collocation of new antennas and equipment on existing support structures is deemed complete by the authority or within a date certain specified in a written agreement between the authority and the applicant:

(1) Review the completed application in light of relevant building code regulations;

(2) Make its final decision to approve or disapprove the application; and

(3) Advise the applicant in writing of its final decision.

36-66B-6.

An authority shall not:

(1) Impose environmental testing, sampling, or monitoring requirements or other compliance measures for radio frequency emissions on wireless communications facilities that are categorically excluded under the Federal Communications Commission's rules for radio frequency emissions pursuant to 47 CFR 1.1307(b)(1);

(2) Institute a moratorium on the construction of new wireless support structures lasting over 90 days in duration or institute any such moratorium within six months of the conclusion of any previous moratorium on the construction of wireless support structures unless authorized or directed by a state or federal agency;

(3) Charge an application fee, consulting fee, or other fee associated with the submission, review, processing, and approval of a building permit that is not required for other types of commercial development within the authority's jurisdiction. Fees imposed by a local authority or by a third-party entity providing review or technical consultation to the local authority shall not exceed what is usual and customary. Any charges or fees assessed by an authority on account of an outside consultant shall be fixed in advance and incorporated into a permit or application fee and shall not exceed $2,500.00 for a collocation or $5,000.00 for the placement and construction of a new wireless facility, antenna, or support structures;

(4) Permit third-party consultants to charge wireless telecommunications service providers for any travel expenses incurred in the consultant's review of wireless telecommunications permits;

(5) Establish or enforce regulations or procedures for radio frequency signal strength or the adequacy of service quality in the consideration of any application for the construction, modification, maintenance, or operation of a wireless facility or support structure;

(6) Impose surety requirements, including removal bonds, escrow deposits, or any other type of financial surety, to ensure that abandoned or unused facilities can be removed unless such requirements are directly related to the actual costs of removal, competitively neutral, and nondiscriminatory;

(7) Prohibit the placement of emergency power systems that comply with federal and state environmental requirements; provided, however, that the local authority may impose reasonable conditions on the testing and placement of such systems;

(8) Condition the approval of a new support structure or collocation on the agreement of the structure owner to provide space on the structure for local governmental services at less than the market rate;

(9) Limit the duration of any building permit for a wireless facility or support structure to less than 365 days from the issuance of such permit;

(10) Require an applicant to construct a distributed antenna system; or

(11) Require a utility pole owner to accept a request for wireless facility attachments to utility poles."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.