Bill Text: IL SB1451 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Creates the Small Wireless Facilities Deployment Act. Provides for legislative intent for the Act and definitions. Provides that an authority (a unit of local government with control over rights-of-way) may not prohibit, regulate, or charge for the collocation of small wireless facilities (the installation, mounting, maintaining, modifying, operating, or replacement of small wireless facilities on or adjacent to a wireless support structure or utility pole). Provides that small wireless facilities shall be classified as permitted uses and not subject to zoning review and approval under specified circumstances. Provides requirements for applications, fees, application review, and issuance of permits for collocation of small wireless facilities. Provides that an authority may not require applications for routine maintenance or replacement of wireless facilities with wireless facilities that are substantially similar, of the same size, or smaller. Requires authorities to allow the collocation of small wireless facilities on authority utility poles under specified circumstances. Prohibits authorities from regulating the design, engineering, construction, installation, or operation of any small wireless facility in specified circumstances. Provides that a circuit court has jurisdiction to resolve all disputes arising under the Act. Prohibits an authority from requiring a wireless provider to indemnify the authority or its officers or employees and from naming the authority on a wireless provider's insurance policy. Limits home rule powers. Amends the Counties Code making conforming changes.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed) 2017-05-25 - Motion to Suspend Rule 21 - Prevailed [SB1451 Detail]

Download: Illinois-2017-SB1451-Engrossed.html



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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Small
5Wireless Facilities Deployment Act.
6 Section 5. Legislative intent. Small wireless facilities
7are critical to delivering wireless access to advanced
8technology, broadband, and 9-1-1 services to homes,
9businesses, and schools in Illinois. Because of the integral
10role that the delivery of wireless technology plays in the
11economic vitality of the State of Illinois and in the lives of
12its citizens, the General Assembly has determined that a law
13addressing the deployment of wireless technology is of vital
14interest to the State. To ensure that public and private
15Illinois consumers continue to benefit from these services as
16soon as possible and to ensure that providers of wireless
17access have a fair and predictable process for the deployment
18of small wireless facilities in a manner consistent with the
19character of the area in which the small wireless facilities
20are deployed, the General Assembly is enacting this Act, which
21specifies how local authorities may regulate the collocation of
22small wireless facilities.

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1 Section 7. Applicability. This Act does not apply to a
2municipality with a population of 1,000,000 or more.
3 Section 10. Definitions. As used in this Act:
4 "Antenna" means communications equipment that transmits or
5receives electromagnetic radio frequency signals used in the
6provision of wireless services.
7 "Applicable codes" means uniform building, fire,
8electrical, plumbing, or mechanical codes adopted by a
9recognized national code organization or local amendments to
10those codes, including the National Electric Safety Code.
11 "Applicant" means any person who submits an application and
12is a wireless provider.
13 "Application" means a request submitted by an applicant to
14an authority for a permit to collocate small wireless
15facilities as well as any applicable fee for the review of such
16application.
17 "Authority" means a unit of local government that has
18jurisdiction and control for use of public rights-of-way as
19provided by the Illinois Highway Code for placements within
20public rights-of-way or has zoning or land use control for
21placements not within public rights-of-way.
22 "Authority utility pole" means a utility pole owned or
23operated by an authority in public rights-of-way.
24 "Collocate" or "collocation" means to install, mount,
25maintain, modify, operate, or replace wireless facilities on or

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1adjacent to a wireless support structure or utility pole.
2 "Communications service" means cable service, as defined
3in 47 U.S.C. 522(6), as amended; information service, as
4defined in 47 U.S.C. 153(24), as amended; telecommunications
5service, as defined in 47 U.S.C. 153(53), as amended; mobile
6service, as defined in 47 U.S.C. 153(33), as amended; or
7wireless service other than mobile service.
8 "Communications service provider" means a cable operator,
9as defined in 47 U.S.C. 522(5), as amended; a provider of
10information service, as defined in 47 U.S.C. 153(24), as
11amended; a telecommunications carrier, as defined in 47 U.S.C.
12153(51), as amended; or a wireless provider.
13 "FCC" means the Federal Communications Commission of the
14United States.
15 "Fee" means a one-time charge.
16 "Law" means a federal or State statute, common law, code,
17rule, regulation, order, or local ordinance or resolution.
18 "Micro wireless facility" means a small wireless facility
19that is not larger in dimension than 24 inches in length, 15
20inches in width, and 12 inches in height and that has an
21exterior antenna, if any, no longer than 11 inches.
22 "Permit" means a written authorization required by an
23authority to perform an action or initiate, continue, or
24complete a project.
25 "Person" means an individual, corporation, limited
26liability company, partnership, association, trust, or other

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1entity or organization, including an authority.
2 "Rate" means a recurring charge.
3 "Right-of-way" means the area on, below, or above a public
4roadway, highway, street, public sidewalk, alley, or utility
5easement dedicated for compatible use. "Right-of-way" does not
6include authority-owned aerial lines.
7 "Small wireless facility" means a wireless facility that
8meets both of the following qualifications: (i) each antenna is
9located inside an enclosure of no more than 6 cubic feet in
10volume or, in the case of an antenna that has exposed elements,
11the antenna and all of its exposed elements could fit within an
12imaginary enclosure of no more than 6 cubic feet; and (ii) all
13other wireless equipment associated with the facility is
14cumulatively no more than 28 cubic feet in volume. The
15following types of associated ancillary equipment are not
16included in the calculation of equipment volume: electric
17meter, concealment elements, telecommunications demarcation
18box, ground-based enclosures, grounding equipment, power
19transfer switch, cut-off switch, and vertical cable runs for
20the connection of power and other services.
21 "Utility pole" means a pole or similar structure that is
22used in whole or in part by a communications service provider
23or for electric distribution, lighting, traffic control,
24signage, or a similar function.
25 "Wireless facility" means equipment at a fixed location
26that enables wireless communications between user equipment

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1and a communications network, including: (i) equipment
2associated with wireless communications; and (ii) radio
3transceivers, antennas, coaxial or fiber-optic cable, regular
4and backup power supplies, and comparable equipment,
5regardless of technological configuration. "Wireless facility"
6includes small wireless facilities. "Wireless facility" does
7not include: (i) the structure or improvements on, under, or
8within which the equipment is collocated; or (ii) wireline
9backhaul facilities, coaxial or fiber optic cable that is
10between wireless support structures or utility poles or
11coaxial, or fiber optic cable that is otherwise not immediately
12adjacent to or directly associated with an antenna.
13 "Wireless infrastructure provider" means any person,
14including a person authorized to provide telecommunications
15service in the State, that builds or installs wireless
16communication transmission equipment, wireless facilities,
17wireless support structures, or utility poles, but that is not
18a wireless services provider.
19 "Wireless provider" means a wireless infrastructure
20provider or a wireless services provider.
21 "Wireless services" means any services provided using
22licensed or unlicensed spectrum, whether at a fixed location or
23mobile, provided using wireless facilities.
24 "Wireless services provider" means a person who provides
25wireless services.
26 "Wireless support structure" means a freestanding

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1structure, such as a monopole; tower, either guyed or
2self-supporting; billboard; or other existing or proposed
3structure designed to support or capable of supporting wireless
4facilities. "Wireless support structure" does not include a
5utility pole.
6 Section 15. Regulation of small wireless facilities.
7 (a) This Section applies to activities of a wireless
8provider within or outside rights-of-way.
9 (b) Except as provided in this Section, an authority may
10not prohibit, regulate, or charge for the collocation of small
11wireless facilities.
12 (c) Small wireless facilities shall be classified as
13permitted uses and not subject to zoning review or approval if
14they are collocated (i) in rights-of-way in any zone, or (ii)
15outside rights-of-way in property not zoned primarily for
16residential use.
17 (d) An authority may require an applicant to obtain one or
18more permits to collocate a small wireless facility, provided
19that the permits are of general applicability. An authority
20shall receive applications for, process, and issue permits
21subject to the following requirements:
22 (1) An authority may not directly or indirectly require
23 an applicant to perform services unrelated to the
24 collocation for which approval is sought, such as in-kind
25 contributions to the authority, including reserving fiber,

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1 conduit, or pole space for the authority on the wireless
2 provider's utility pole. An authority may reserve space on
3 authority utility poles for future public safety uses or
4 for the authority's electric utility uses, but a
5 reservation of space may not preclude the collocation of a
6 small wireless facility if the authority utility pole can
7 accommodate both uses.
8 (2) An applicant shall not be required to provide more
9 information to obtain a permit than the authority requires
10 of a communications service provider that is not a wireless
11 provider that requests to attach facilities to a structure;
12 however, a wireless provider may be required to provide the
13 following information when seeking a permit to collocate
14 small wireless facilities on an authority utility pole:
15 (A) site specific structural integrity and
16 make-ready analysis prepared by a structural engineer,
17 as that term is defined in Section 4 of the Structural
18 Engineering Practice Act of 1989;
19 (B) the location where each proposed small
20 wireless facility or utility pole would be installed
21 and photographs of the location and its immediate
22 surroundings depicting the poles or structures on
23 which each proposed small wireless facility would be
24 mounted or location where utility poles or structures
25 would be installed;
26 (C) specifications and drawings prepared by a

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1 structural engineer, as that term is defined in Section
2 4 of the Structural Engineering Practice Act of 1989,
3 for each proposed small wireless facility covered by
4 the application as it is proposed to be installed;
5 (D) a proposed schedule for the installation and
6 completion of each small wireless facility covered by
7 the application, if approved; and
8 (E) certification that the collocation complies
9 with paragraph (6) to the best of the applicant's
10 knowledge.
11 (3) Subject to paragraph (6), an authority may not
12 require the placement of small wireless facilities on any
13 specific utility pole, or category of poles, or require
14 multiple antenna systems on a single utility pole; however,
15 with respect to an application for the collocation of a
16 small wireless facility associated with a new utility pole,
17 an authority may propose that the small wireless facility
18 be collocated on an existing utility pole or existing
19 wireless support structure within 50 feet of the proposed
20 collocation, which the applicant shall accept if it has the
21 right to use the alternate structure on reasonable terms
22 and conditions and the alternate location and structure
23 does not impose technical limits or additional material
24 costs as determined by the applicant.
25 (4) Subject to paragraph (6), an authority may not
26 limit the placement of pole-mounted small wireless

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1 facilities by minimum horizontal separation distances.
2 (5) An authority may limit the maximum height of a
3 small wireless facility to 10 feet above the utility pole
4 or wireless support structure on which the small wireless
5 facility is collocated. Subject to any exception process in
6 an authority's zoning ordinance, the authority may limit
7 the height of new or replacement utility poles or wireless
8 support structures on which small wireless facilities are
9 collocated to the higher of: (i) 10 feet in height above
10 the tallest existing utility pole, other than a utility
11 pole supporting only wireless facilities, that is in place
12 on the date the application is submitted to the authority,
13 that is located within 500 feet of the new or replacement
14 wireless support structure and that is in the same right of
15 way within the jurisdictional boundary of the authority; or
16 (ii) 45 feet above ground level.
17 (6) An authority may require that:
18 (A) the wireless provider's operation of the small
19 wireless facilities in the right-of-way does not
20 interfere with the frequencies used by the authority's
21 public safety communications;
22 (B) the wireless provider comply with requirements
23 that are imposed by a contract between an authority and
24 a private property owner that concern design or
25 construction standards applicable to utility poles and
26 ground-mounted equipment located in the right-of-way;

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1 (C) the wireless provider comply with applicable
2 spacing requirements in applicable codes and
3 ordinances concerning the location of ground-mounted
4 equipment located in the right-of-way if the
5 requirements include a waiver, zoning, or other
6 process that addresses wireless provider requests for
7 exception or variance and do not prohibit granting of
8 such exceptions or variances;
9 (D) the wireless provider comply with local code
10 provisions or regulations concerning undergrounding
11 requirements that prohibit the installation of new or
12 the modification of existing utility poles in a right
13 of way without prior approval if the requirements
14 include a waiver, zoning, or other process that
15 addresses requests to install such new utility poles or
16 modify such existing utility poles and do not prohibit
17 the replacement of utility poles;
18 (E) the wireless provider comply with generally
19 applicable standards adopted by an authority for
20 construction in the rights-of-way; and
21 (F) a wireless provider not collocate small
22 wireless facilities on authority utility poles that
23 are part of an electric distribution or transmission
24 system within the communication worker safety zone of
25 the pole or the electric supply zone of the pole;
26 however, the antenna and support equipment of the small

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1 wireless facility may be located in the communications
2 space on the pole and on the top of the pole, if not
3 otherwise unavailable, if the wireless provider
4 complies with applicable codes for work involving the
5 top of the pole; for purposes of this subparagraph (F),
6 the terms "communications space", "communication
7 worker safety zone", and "electric supply zone" have
8 the meanings given to those terms in the National
9 Electric Safety Code as published by the Institute of
10 Electrical and Electronics Engineers.
11 (7) Within 30 days after receiving an application, an
12 authority must determine whether the application is
13 complete and notify the applicant. If an application is
14 incomplete, an authority must specifically identify the
15 missing information. An application shall be deemed
16 complete if the authority fails to provide notification to
17 the applicant within 30 days after when all documents,
18 information, and fees specifically enumerated in the
19 authority's permit application form are submitted by the
20 applicant to the authority. Processing deadlines are
21 tolled from the time the authority sends the notice of
22 incompleteness to the time the applicant provides the
23 missing information.
24 (8) An application shall be processed on a
25 nondiscriminatory basis and deemed approved if the
26 authority fails to approve or deny the application within

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1 90 days; however, if an applicant intends to proceed with
2 the permitted activity on a deemed approved basis, the
3 applicant must notify the authority in writing of its
4 intention to invoke the deemed approved remedy no sooner
5 than 75 days after the submission of a completed
6 application. The permit shall be deemed approved on the
7 latter of the 90th day after submission of the complete
8 application or the 10th day after the receipt of the deemed
9 approved notice by the authority. The receipt of the deemed
10 approved notice shall not preclude the authority's denial
11 of the permit request within the time limits as provided
12 under this Act.
13 (9) An authority shall approve an application unless
14 the application does not meet the applicable codes, local
15 code provisions or regulations that concern public safety,
16 written design standards that are generally applicable for
17 decorative utility poles or reasonable stealth and
18 concealment requirements, and the requirements of
19 paragraph (6). If an authority determines that applicable
20 codes, local code provisions or regulations, or the
21 requirements of paragraph (6) require that the utility pole
22 or wireless support structure be replaced before the
23 requested collocation, approval may be conditioned on the
24 replacement of the utility pole or wireless support
25 structure. The authority must document the basis for a
26 denial, including the specific code provisions or

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1 application conditions on which the denial was based, and
2 send the documentation to the applicant on or before the
3 day the authority denies an application. The applicant may
4 cure the deficiencies identified by the authority and
5 resubmit the application within 30 days after notice of
6 denial is sent to the applicant without paying an
7 additional application fee. The authority shall approve or
8 deny the revised application within 30 days after the
9 applicant resubmits the application or it is deemed
10 approved; however, the applicant must notify the authority
11 in writing of its intention to proceed with the permitted
12 activity on a deemed approved basis, which may be submitted
13 with the resubmitted application. Any subsequent review
14 shall be limited to the deficiencies cited in the denial.
15 (10) The time period for applications may be further
16 tolled by:
17 (A) the express agreement in writing by both the
18 applicant and the authority; or
19 (B) a local, State, or federal disaster
20 declaration or similar emergency that causes the
21 delay.
22 (11) An applicant seeking to collocate small wireless
23 facilities within the jurisdiction of a single authority
24 shall be allowed, at the applicant's discretion, to file a
25 consolidated application and receive a single permit for
26 the collocation of up to 25 small wireless facilities if

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1 the collocations each involve substantially the same type
2 of small wireless facility and substantially the same type
3 of structure. If an application includes multiple small
4 wireless facilities, the authority may remove small
5 wireless facility collocations from the application and
6 treat separately small wireless facility collocations for
7 which incomplete information has been provided or that do
8 not qualify for consolidated treatment or that are denied.
9 The authority may issue separate permits for each
10 collocation that is approved in a consolidated
11 application.
12 (12) Collocation for which a permit is granted shall be
13 completed within 180 days after issuance of the permit,
14 unless the authority and the wireless provider agree to
15 extend this period or a delay is caused by make-ready work
16 for an authority utility pole or by the lack of commercial
17 power or backhaul availability at the site. Otherwise, the
18 permit shall be void unless the authority grants an
19 extension in writing to the applicant.
20 (13) The duration of a permit shall be for a period of
21 not less than 10 years, and the permit shall be renewed for
22 equivalent durations unless the authority makes a finding
23 that the small wireless facilities or the new or modified
24 utility pole do not comply with the applicable codes or
25 local code provisions or regulations in paragraphs (6) and
26 (9).

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1 (14) An authority may not prohibit, either expressly or
2 de facto, the (i) filing, receiving, or processing
3 applications, or (ii) issuing of permits or other
4 approvals, if any, for the collocation of small wireless
5 facilities unless there has been a local, State, or federal
6 disaster declaration or similar emergency that causes the
7 delay.
8 (15) Applicants shall submit applications, supporting
9 information, and notices by personal delivery or as
10 otherwise required by the authority. An authority may
11 require that permits, supporting information, and notices
12 be submitted by personal delivery at the authority's
13 designated place of business, by regular mail postmarked on
14 the date due, or by any other commonly used means,
15 including electronic mail, as required by the authority.
16 (e) Application fees are subject to the following
17requirements:
18 (1) An authority may charge an application fee only if
19 the fee is required for similar types of commercial
20 development within the authority's jurisdiction.
21 (2) An authority shall only charge fees for the actual,
22 direct, and reasonable costs incurred by the authority
23 relating to the granting or processing of an application.
24 The fees shall be reasonably related in time to the
25 incurring of such costs.
26 (3) A fee may not include: (i) travel expenses incurred

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1 by a third party in its review of an application; or (ii)
2 direct payment or reimbursement of fees charged on a
3 contingency basis or a result-based arrangement.
4 (4) Total application fees, where permitted, shall not
5 exceed the lesser of: (i) the amount charged by the
6 authority for a building permit for any similar commercial
7 construction, activity, or land use development; or (ii)
8 $350 for each small wireless facility addressed in the
9 application.
10 (f) An authority shall not require an application,
11approval, or permit, or require any fees or other charges, from
12a communications service provider authorized to occupy the
13rights-of-way, for: (i) routine maintenance; (ii) the
14replacement of wireless facilities with wireless facilities
15that are substantially similar, the same size, or smaller; or
16(iii) the installation, placement, maintenance, operation, or
17replacement of micro wireless facilities that are suspended on
18cables that are strung between existing utility poles in
19compliance with applicable safety codes. However, an authority
20may require a permit to work within rights-of-way for
21activities that affect traffic patterns or require lane
22closures.
23 (g) Nothing in this Act authorizes a person to collocate
24small wireless facilities on: (1) private property or a
25privately owned utility pole or wireless support structure
26without the consent of the property owner; (2) property owned,

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1leased, or controlled by a park district, forest preserve
2district, or conservation district for public park,
3recreation, or conservation purposes without the consent of the
4affected district, excluding the placement of facilities on
5rights-of-way located in an affected district that are under
6the jurisdiction and control of a different unit of local
7government as provided by the Illinois Highway Code; or (3)
8property owned by a rail carrier registered under Section
918c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or
10any other public commuter rail service, or an electric utility
11as defined in Section 16-102 of the Public Utilities Act,
12without the consent of the rail carrier, public commuter rail
13service, or electric utility. The provisions of this Act do not
14apply to an electric or gas public utility or such utility's
15wireless facilities if the facilities are being used,
16developed, and maintained consistent with the provisions of
17subsection (i) of Section 16-108.5 of the Public Utilities Act.
18For the purposes of this subsection, "public utility" has the
19meaning given to that term in Section 3-105 of the Public
20Utilities Act. Nothing in this Act shall be construed to
21relieve any person from any requirement (1) to obtain a
22franchise or a state-issued authorization to offer cable
23service or video service or (2) to obtain any required
24permission to install, place, maintain, or operate
25communications facilities, other than small wireless
26facilities subject to this Act.

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1 (h) Agreements between authorities and wireless providers
2that relate to the collocation of small wireless facilities in
3the right-of-way, including the collocation of small wireless
4facilities on authority utility poles, that are in effect
5before the wireless provider accepts rates or fees under this
6Act remain in effect for all small wireless facilities
7collocated on the authority's utility poles pursuant to
8applications submitted to the authority before the effective
9date of this Act, subject to applicable termination provisions.
10The wireless provider may accept the rates, fees, and terms
11provided under this Act for the collocation of small wireless
12facilities that are the subject of an application submitted
13after the rates, fees, and terms become effective.
14 (i) An authority shall allow the collocation of small
15wireless facilities on authority utility poles subject to the
16following:
17 (1) An authority may not enter into an exclusive
18 arrangement with any person for the right to attach small
19 wireless facilities to authority utility poles.
20 (2) The rates and fees for collocations on authority
21 utility poles shall be nondiscriminatory regardless of the
22 services provided by the collocating person.
23 (3) An authority may charge an annual recurring rate to
24 collocate a small wireless facility on an authority utility
25 pole that equals (i) $200 per year or (ii) the actual,
26 direct, and reasonable costs related to the wireless

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1 provider's use of space on the authority utility pole. In
2 any controversy concerning the appropriateness of a
3 cost-based rate for an authority utility pole, the
4 authority shall have the burden of proving that the rate
5 does not exceed the actual, direct, and reasonable costs
6 for the applicant's proposed use of the pole. Nothing in
7 this paragraph (3) prohibits a wireless provider and an
8 authority from mutually agreeing to an annual recurring
9 rate of less than $200 to collocate a small wireless
10 facility on an authority utility pole.
11 (4) If an authority has an existing pole attachment
12 rate, fee, or other term that does not comply with the
13 requirements in this Section, the authority shall, no later
14 than 6 months after the effective date of this Act, reform
15 the rate, fee, or term in compliance with this Section.
16 (5) Authorities or other persons owning or controlling
17 authority utility poles shall offer rates, fees, and other
18 terms that comply with subparagraphs (A) through (D) of
19 this paragraph (5). Within 6 months after the effective
20 date of this Act or 3 months after receiving a request to
21 collocate its first small wireless facility on an authority
22 utility pole, whichever is later, a person owning or
23 controlling authority utility poles shall make available,
24 through ordinance or otherwise, the rates, fees, and terms
25 for the collocation of small wireless facilities on such
26 poles that comply with subparagraphs (A) through (D) of

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1 this paragraph (5).
2 (A) The rates, fees, and terms must be
3 nondiscriminatory, competitively neutral, and
4 commercially reasonable and must comply with this
5 subsection (i).
6 (B) For authority utility poles that support
7 aerial facilities used to provide communications
8 services or electric service, wireless providers shall
9 comply with the process for make-ready work under 47
10 U.S.C. 224 and its implementing regulations, and the
11 authority shall follow a substantially similar process
12 for make-ready work except to the extent that the
13 timing requirements are otherwise addressed in this
14 Act. The good-faith estimate of the person owning or
15 controlling the pole for any make-ready work necessary
16 to enable the pole to support the requested collocation
17 shall include pole replacement, if necessary.
18 (C) For authority utility poles that do not support
19 aerial facilities used to provide communications
20 services or electric service, the authority shall
21 provide a good-faith estimate for any make-ready work
22 necessary to enable the pole to support the requested
23 collocation, including pole replacement, if necessary,
24 within 90 days after receipt of a complete application.
25 Make-ready work, including any pole replacement, shall
26 be completed within 60 days of written acceptance of

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1 the good-faith estimate by the applicant.
2 Alternatively, if the authority determines that
3 applicable codes or public safety regulations require
4 the authority utility pole to be replaced to support
5 the requested collocation, the authority may require
6 the wireless provider to replace the authority utility
7 pole.
8 (D) The authority shall not require more
9 make-ready work than required to meet applicable codes
10 or industry standards. Fees for make-ready work,
11 including any pole replacement, shall not exceed
12 actual costs or the amount charged to communications
13 service providers for similar work and shall not
14 include any consultants' fees or expenses for
15 authority utility poles that do not support aerial
16 facilities used to provide communications services or
17 electric service.
18 (j) An authority shall authorize the collocation of small
19wireless facilities on utility poles owned or controlled by the
20authority that are not located within rights-of-way to the same
21extent the authority permits access to utility poles for other
22commercial projects or uses. The collocations shall be subject
23to reasonable and nondiscriminatory rates, fees, and terms as
24provided in an agreement between the authority and the wireless
25provider.
26 (k) Nothing in this Section precludes an authority from

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1adopting reasonable rules with respect to the removal of
2abandoned small wireless facilities. A small wireless facility
3that is not operated for a continuous period of 12 months shall
4be considered abandoned and the owner of the facility must
5remove the small wireless facility within 90 days after receipt
6of written notice from the authority notifying the owner of the
7abandonment. The notice shall be sent by certified or
8registered mail, return receipt requested, by the authority to
9the owner at the last known address of the owner.
10 (l) Nothing in this Section requires an authority to
11install or maintain any specific utility pole or to continue to
12install or maintain utility poles in any location if the
13authority makes a non-discriminatory decision to eliminate
14above-ground utility poles of a particular type generally, such
15as electric utility poles, in all or a significant portion of
16its geographic jurisdiction. For authority utility poles with
17collocated small wireless facilities in place when an authority
18makes a decision to eliminate above-ground utility poles of a
19particular type generally, the authority shall either (i)
20continue to maintain the authority utility pole or install and
21maintain a reasonable alternative utility pole or wireless
22support structure for the collocation of the small wireless
23facility, or (ii) offer to sell the utility pole to the
24wireless provider at a reasonable cost or allow the wireless
25provider to install its own utility pole so it can maintain
26service from that location.

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1 Section 20. Local authority. Subject to this Act and
2applicable federal law, an authority may continue to exercise
3zoning, land use, planning, and permitting authority within its
4territorial boundaries, including with respect to wireless
5support structures and utility poles; except that no authority
6shall have or exercise any jurisdiction or authority over the
7design, engineering, construction, installation, or operation
8of any small wireless facility located in an interior structure
9or upon the site of any campus, stadium, or athletic facility
10not otherwise owned or controlled by the authority, other than
11to comply with applicable codes and local code provisions
12concerning public safety. Nothing in this Act authorizes the
13State or any political subdivision, including an authority, to
14require wireless facility deployment or to regulate wireless
15services.
16 Section 25. Dispute resolution. A circuit court has
17jurisdiction to resolve all disputes arising under this Act.
18Pending resolution of a dispute concerning rates for
19collocation of small wireless facilities on authority utility
20poles, the authority shall allow the collocating person to
21collocate on its poles at annual rates of no more than $200 per
22year per utility pole, with rates to be determined upon final
23resolution of the dispute.

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1 Section 30. Indemnification. A wireless provider shall
2indemnify and hold an authority harmless against any and all
3liability or loss from personal injury or property damage
4resulting from or arising out of, in whole or in part, the use
5or occupancy of the authority improvements or right-of-way
6associated with such improvements by the wireless provider or
7its employees, agents, or contractors arising out of the rights
8and privileges granted under this Act. A wireless provider has
9no obligation to indemnify or hold harmless against any
10liabilities and losses as may be due to or caused by the sole
11negligence of the authority or its employees or agents. A
12wireless provider shall further waive any claims that they may
13have against an authority with respect to consequential,
14incidental, or special damages, however caused, based on the
15theory of liability.
16 Section 35. Insurance.
17 (a) Except for a wireless provider with an existing
18franchise to occupy and operate in the rights-of-way, during
19the period in which the wireless provider's facilities are
20located on the authority improvements or rights-of-way, the
21authority may require the wireless provider to carry, at the
22wireless provider's own cost and expense, the following
23insurance: (i) property insurance for its property's
24replacement cost against all risks; (ii) workers' compensation
25insurance, as required by law; or (iii) commercial general

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1liability insurance with respect to its activities on the
2authority improvements or rights-of-way to afford minimum
3protection limits consistent with its requirements of other
4users of authority improvements or rights-of-way, including
5coverage for bodily injury and property damage. An authority
6may require a wireless provider to include the authority as an
7additional insured on the commercial general liability policy
8and provide certification and documentation of inclusion of the
9authority in a commercial general liability policy as
10reasonably required by the authority.
11 (b) A wireless provider may self-insure all or a portion of
12the insurance coverage and limit requirements required by an
13authority. A wireless provider that self-insures is not
14required, to the extent of the self-insurance, to comply with
15the requirement for the naming of additional insureds under
16this Section. A wireless provider that elects to self-insure
17shall provide to the authority evidence sufficient to
18demonstrate its financial ability to self-insure the insurance
19coverage and limits required by the authority.
20 Section 40. Home rule. A home rule unit may not regulate
21small wireless facilities in a manner inconsistent with this
22Act. This Section is a limitation under subsection (i) of
23Section 6 of Article VII of the Illinois Constitution on the
24concurrent exercise by home rule units of powers and functions
25exercised by the State.

SB1451 Engrossed- 26 -LRB100 09256 AWJ 19412 b
1 Section 90. Repeal. This Act is repealed on June 1, 2020.
2 Section 100. The Counties Code is amended by changing
3Section 5-12001.2 as follows:
4 (55 ILCS 5/5-12001.2)
5 Sec. 5-12001.2. Regulation of telecommunications
6facilities; Lake County pilot project. In addition to any other
7requirements under this Division concerning the regulation of
8telecommunications facilities and except as provided by the
9Small Wireless Facilities Deployment Act, the following
10applies to any new telecommunications facilities in Lake County
11that are not AM telecommunications towers or facilities:
12 (a) For every new wireless telecommunications facility
13 requiring a new tower structure, a telecommunications
14 carrier shall provide the county with documentation
15 consisting of the proposed location, a site plan, and an
16 elevation that sufficiently describes a proposed wireless
17 facility location.
18 (b) The county shall have 7 days to review the facility
19 proposal and contact the telecommunications carrier in
20 writing via e-mail or other written means as specified by
21 the telecommunications carrier. This written communication
22 shall either approve the proposed location or request a
23 meeting to review other possible alternative locations. If

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1 requested, the meeting shall take place within 7 days after
2 the date of the written communication.
3 (c) At the meeting, the telecommunications carrier
4 shall provide the county documentation consisting of radio
5 frequency engineering criteria and a corresponding
6 telecommunications facility search ring map, together with
7 documentation of the carrier's efforts to site the proposed
8 facility within the telecommunications facility search
9 ring.
10 (d) Within 21 days after receipt of the carrier's
11 documentation, the county shall propose either an
12 alternative site within the telecommunications facility
13 search ring, or an alternative site outside of the
14 telecommunications search ring that meets the radio
15 frequency engineering criteria provided by the
16 telecommunications carrier and that will not materially
17 increase the construction budget beyond what was estimated
18 on the original carrier proposed site.
19 (e) If the county's proposed alternative site meets the
20 radio frequency engineering criteria provided by the
21 telecommunications carrier, and will not materially
22 increase the construction budget beyond what was estimated
23 on the original carrier proposed site, then the
24 telecommunications carrier shall agree to build the
25 facility at the alternative location, subject to the
26 negotiation of a lease with commercially reasonable terms

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1 and the obtainment of the customary building permits.
2 (f) If the telecommunications carrier can demonstrate
3 that: (i) the county's proposed alternative site does not
4 meet the radio frequency engineering criteria, (ii) the
5 county's proposed alternative site will materially
6 increase the construction budget beyond what was estimated
7 on the original carrier proposed site, (iii) the county has
8 failed to provide an alternative site, or (iv) after a
9 period of 90 days after receipt of the alternative site,
10 the telecommunications carrier has failed, after acting in
11 good faith and with due diligence, to obtain a lease or, at
12 a minimum, a letter of intent to lease the alternative site
13 at lease rates not materially greater than the lease rate
14 for the original proposed site; then the carrier can
15 proceed to permit and construct the site under the
16 provisions and standards of Section 5-12001.1 of this Code.
17(Source: P.A. 98-197, eff. 8-9-13; 98-756, eff. 7-16-14.)
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