Public Act 098-0197

HB0163 Enrolled LRB098 04212 OMW 34237 b

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

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.

(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.