Bill Text: IL HB0163 | 2013-2014 | 98th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Counties Code. Provides that for every new wireless telecommunications facility in Lake County requiring a new tower structure, a telecommunications carrier shall provide the county with documentation consisting of the proposed location, a site plan, and an elevation that sufficiently describes a proposed wireless facility location. Sets forth procedures concerning the review of the proposal, meetings to propose alternative site locations, and the selection of any alternative locations. Sets forth exceptions to the approval process. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0197 [HB0163 Detail]

Download: Illinois-2013-HB0163-Enrolled.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by adding Section
5-12001.2 as follows:
(55 ILCS 5/5-12001.2 new)
Sec. 5-12001.2. Regulation of telecommunications
facilities; Lake County pilot project.
In addition to any other requirements under this Division
concerning the regulation of telecommunications facilities,
the following applies to any new telecommunications facilities
in Lake County that are not AM telecommunications towers or
facilities:
(a) For every new wireless telecommunications facility
requiring a new tower structure, a telecommunications carrier
shall provide the county with documentation consisting of the
proposed location, a site plan, and an elevation that
sufficiently describes a proposed wireless facility location.
(b) The county shall have 7 days to review the facility
proposal and contact the telecommunications carrier in writing
via e-mail or other written means as specified by the
telecommunications carrier. This written communication shall
either approve the proposed location or request a meeting to

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review other possible alternative locations. If requested, the
meeting shall take place within 7 days after the date of the
written communication.
(c) At the meeting, the telecommunications carrier shall
provide the county documentation consisting of radio frequency
engineering criteria and a corresponding telecommunications
facility search ring map, together with documentation of the
carrier's efforts to site the proposed facility within the
telecommunications facility search ring.
(d) Within 21 days after receipt of the carrier's
documentation, the county shall propose either an alternative
site within the telecommunications facility search ring, or an
alternative site outside of the telecommunications search ring
that meets the radio frequency engineering criteria provided by
the telecommunications carrier and that will not materially
increase the construction budget beyond what was estimated on
the original carrier proposed site.
(e) If the county's proposed alternative site meets the
radio frequency engineering criteria provided by the
telecommunications carrier, and will not materially increase
the construction budget beyond what was estimated on the
original carrier proposed site, then the telecommunications
carrier shall agree to build the facility at the alternative
location, subject to the negotiation of a lease with
commercially reasonable terms and the obtainment of the
customary building permits.

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(f) If the telecommunications carrier can demonstrate
that: (i) the county's proposed alternative site does not meet
the radio frequency engineering criteria, (ii) the county's
proposed alternative site will materially increase the
construction budget beyond what was estimated on the original
carrier proposed site, (iii) the county has failed to provide
an alternate site, or (iv) after a period of 90 days after
receipt of the alternative site the telecommunications carrier
has failed, after acting in good faith and with due diligence,
to obtain a lease or at a minimum, a letter of intent to lease
the alternative site at lease rates not materially greater than
the lease rate for the original proposed site; then the carrier
can proceed to permit and construct the site under the
provisions and standards of Section 5-12001.1 of this Code.
Section 99. Effective date. This Act takes effect upon
becoming law.