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| Public Act 100-0585
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| SB1451 Enrolled | LRB100 09256 AWJ 19412 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Small |
Wireless Facilities Deployment Act.
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Section 5. Legislative intent. Small wireless facilities |
are critical to delivering wireless access to advanced |
technology, broadband, and 9-1-1 services to homes, |
businesses, and schools in Illinois. Because of the integral |
role that the delivery of wireless technology plays in the |
economic vitality of the State of Illinois and in the lives of |
its citizens, the General Assembly has determined that a law |
addressing the deployment of wireless technology is of vital |
interest to the State. To ensure that public and private |
Illinois consumers continue to benefit from these services as |
soon as possible and to ensure that providers of wireless |
access have a fair and predictable process for the deployment |
of small wireless facilities in a manner consistent with the |
character of the area in which the small wireless facilities |
are deployed, the General Assembly is enacting this Act, which |
specifies how local authorities may regulate the collocation of |
small wireless facilities.
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Section 7. Applicability. This Act does not apply to a |
municipality with a population of 1,000,000 or more.
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Section 10. Definitions. As used in this Act: |
"Antenna" means communications equipment that transmits or |
receives electromagnetic radio frequency signals used in the |
provision of wireless services. |
"Applicable codes" means uniform building, fire, |
electrical, plumbing, or mechanical codes adopted by a |
recognized national code organization or local amendments to |
those codes, including the National Electric Safety Code. |
"Applicant" means any person who submits an application and |
is a wireless provider. |
"Application" means a request submitted by an applicant to |
an authority for a permit to collocate small wireless |
facilities, and a request that includes the installation of a |
new utility pole for such collocation, as well as any |
applicable fee for the review of such application. |
"Authority" means a unit of local government that has |
jurisdiction and control for use of public rights-of-way as |
provided by the Illinois Highway Code for placements within |
public rights-of-way or has zoning or land use control for |
placements not within public rights-of-way. |
"Authority utility pole" means a utility pole owned or |
operated by an authority in public rights-of-way. |
"Collocate" or "collocation" means to install, mount, |
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maintain, modify, operate, or replace wireless facilities on or |
adjacent to a wireless support structure or utility pole. |
"Communications service" means cable service, as defined |
in 47 U.S.C. 522(6), as amended; information service, as |
defined in 47 U.S.C. 153(24), as amended; telecommunications |
service, as defined in 47 U.S.C. 153(53), as amended; mobile |
service, as defined in 47 U.S.C. 153(33), as amended; or |
wireless service other than mobile service. |
"Communications service provider" means a cable operator, |
as defined in 47 U.S.C. 522(5), as amended; a provider of |
information service, as defined in 47 U.S.C. 153(24), as |
amended; a telecommunications carrier, as defined in 47 U.S.C. |
153(51), as amended; or a wireless provider. |
"FCC" means the Federal Communications Commission of the |
United States. |
"Fee" means a one-time charge. |
"Historic district" or "historic landmark" means a |
building, property, or site, or group of buildings, properties, |
or sites that are either (i) listed in the National Register of |
Historic Places or formally determined eligible for listing by |
the Keeper of the National Register, the individual who has |
been delegated the authority by the federal agency to list |
properties and determine their eligibility for the National |
Register, in accordance with Section VI.D.1.a.i through |
Section VI.D.1.a.v of the Nationwide Programmatic Agreement |
codified at 47 CFR Part 1, Appendix C; or (ii) designated as a |
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locally landmarked building, property, site, or historic |
district by an ordinance adopted by the authority pursuant to a |
preservation program that meets the requirements of the |
Certified Local Government Program of the Illinois State |
Historic Preservation Office or where such certification of the |
preservation program by the Illinois State Historic |
Preservation Office is pending. |
"Law" means a federal or State statute, common law, code, |
rule, regulation, order, or local ordinance or resolution. |
"Micro wireless facility" means a small wireless facility |
that is not larger in dimension than 24 inches in length, 15 |
inches in width, and 12 inches in height and that has an |
exterior antenna, if any, no longer than 11 inches. |
"Permit" means a written authorization required by an |
authority to perform an action or initiate, continue, or |
complete a project. |
"Person" means an individual, corporation, limited |
liability company, partnership, association, trust, or other |
entity or organization, including an authority. |
"Public safety agency" means the functional division of the |
federal government, the State, a unit of local government, or a |
special purpose district located in whole or in part within |
this State, that provides or has authority to provide |
firefighting, police, ambulance, medical, or other emergency |
services to respond to and manage emergency incidents. |
"Rate" means a recurring charge. |
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"Right-of-way" means the area on, below, or above a public |
roadway, highway, street, public sidewalk, alley, or utility |
easement dedicated for compatible use. "Right-of-way" does not |
include authority-owned aerial lines.
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"Small wireless facility" means a wireless facility that |
meets both of the following qualifications: (i) each antenna is |
located inside an enclosure of no more than 6 cubic feet in |
volume or, in the case of an antenna that has exposed elements, |
the antenna and all of its exposed elements could fit within an |
imaginary enclosure of no more than 6 cubic feet; and (ii) all |
other wireless equipment attached directly to a utility pole |
associated with the facility is cumulatively no more than 25 |
cubic feet in volume. The following types of associated |
ancillary equipment are not included in the calculation of |
equipment volume: electric meter, concealment elements, |
telecommunications demarcation box, ground-based enclosures, |
grounding equipment, power transfer switch, cut-off switch, |
and vertical cable runs for the connection of power and other |
services. |
"Utility pole" means a pole or similar structure that is |
used in whole or in part by a communications service provider |
or for electric distribution, lighting, traffic control, or a |
similar function. |
"Wireless facility" means equipment at a fixed location |
that enables wireless communications between user equipment |
and a communications network, including: (i) equipment |
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associated with wireless communications; and (ii) radio |
transceivers, antennas, coaxial or fiber-optic cable, regular |
and backup power supplies, and comparable equipment, |
regardless of technological configuration. "Wireless facility" |
includes small wireless facilities. "Wireless facility" does |
not include: (i) the structure or improvements on, under, or |
within which the equipment is collocated; or (ii) wireline |
backhaul facilities, coaxial or fiber optic cable that is |
between wireless support structures or utility poles or |
coaxial, or fiber optic cable that is otherwise not immediately |
adjacent to or directly associated with an antenna.
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"Wireless infrastructure provider" means any person |
authorized to provide telecommunications service in the State |
that builds or installs wireless communication transmission |
equipment, wireless facilities, wireless support structures, |
or utility poles and that is not a wireless services provider |
but is acting as an agent or a contractor for a wireless |
services provider for the application submitted to the |
authority. |
"Wireless provider" means a wireless infrastructure |
provider or a wireless services provider. |
"Wireless services" means any services provided to the |
general public, including a particular class of customers, and |
made available on a nondiscriminatory basis using licensed or |
unlicensed spectrum, whether at a fixed location or mobile, |
provided using wireless facilities.
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"Wireless services provider" means a person who provides |
wireless services. |
"Wireless support structure" means a freestanding |
structure, such as a monopole; tower, either guyed or |
self-supporting; billboard; or other existing or proposed |
structure designed to support or capable of supporting wireless |
facilities. "Wireless support structure" does not include a |
utility pole.
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Section 15. Regulation of small wireless facilities. |
(a) This Section applies to activities of a wireless |
provider within or outside rights-of-way. |
(b) Except as provided in this Section, an authority may |
not prohibit, regulate, or charge for the collocation of small |
wireless facilities. |
(c) Small wireless facilities shall be classified as |
permitted uses and subject to administrative review in |
conformance with this Act, except as provided in paragraph (5) |
of subsection (d) of this Section regarding height exceptions |
or variances, but not subject to zoning review or approval if |
they are collocated (i) in rights-of-way in any zone, or (ii) |
outside rights-of-way in property zoned exclusively for |
commercial or industrial use. |
(d) An authority may require an applicant to obtain one or |
more permits to collocate a small wireless facility. An |
authority shall receive applications for, process, and issue |
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permits subject to the following requirements: |
(1) An authority may not directly or indirectly require |
an applicant to perform services unrelated to the |
collocation for which approval is sought, such as in-kind |
contributions to the authority, including reserving fiber, |
conduit, or utility pole space for the authority on the |
wireless provider's utility pole. An authority may reserve |
space on authority utility poles for future public safety |
uses or for the authority's electric utility uses, but a |
reservation of space may not preclude the collocation of a |
small wireless facility unless the authority reasonably |
determines that the authority utility pole cannot |
accommodate both uses. |
(2) An applicant shall not be required to provide more |
information to obtain a permit than the authority requires |
of a communications service provider that is not a wireless |
provider that requests to attach facilities to a structure; |
however, a wireless provider may be required to provide the |
following information when seeking a permit to collocate |
small wireless facilities on a utility pole or wireless |
support structure: |
(A) site specific structural integrity and, for an |
authority utility pole, make-ready analysis prepared |
by a structural engineer, as that term is defined in |
Section 4 of the Structural Engineering Practice Act of |
1989; |
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(B) the location where each proposed small |
wireless facility or utility pole would be installed |
and photographs of the location and its immediate |
surroundings depicting the utility poles or structures |
on which each proposed small wireless facility would be |
mounted or location where utility poles or structures |
would be installed; |
(C) specifications and drawings prepared by a |
structural engineer, as that term is defined in Section |
4 of the Structural Engineering Practice Act of 1989, |
for each proposed small wireless facility covered by |
the application as it is proposed to be installed; |
(D) the equipment type and model numbers for the |
antennas and all other wireless equipment associated |
with the small wireless facility; |
(E) a proposed schedule for the installation and |
completion of each small wireless facility covered by |
the application, if approved; and |
(F) certification that the collocation complies |
with paragraph (6) to the best of the applicant's |
knowledge. |
(3) Subject to paragraph (6), an authority may not |
require the placement of small wireless facilities on any |
specific utility pole, or category of utility poles, or |
require multiple antenna systems on a single utility pole; |
however, with respect to an application for the collocation |
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of a small wireless facility associated with a new utility |
pole, an authority may propose that the small wireless |
facility be collocated on an existing utility pole or |
existing wireless support structure within 100 feet of the |
proposed collocation, which the applicant shall accept if |
it has the right to use the alternate structure on |
reasonable terms and conditions and the alternate location |
and structure does not impose technical limits or |
additional material costs as determined by the applicant. |
The authority may require the applicant to provide a |
written certification describing the property rights, |
technical limits or material cost reasons the alternate |
location does not satisfy the criteria in this paragraph |
(3). |
(4) Subject to paragraph (6), an authority may not |
limit the placement of small wireless facilities mounted on |
a utility pole or a wireless support structure by minimum |
horizontal separation distances. |
(5) An authority may limit the maximum height of a |
small wireless facility to 10 feet above the utility pole |
or wireless support structure on which the small wireless |
facility is collocated. Subject to any applicable waiver, |
zoning, or other process that addresses wireless provider |
requests for an exception or variance and does not prohibit |
granting of such exceptions or variances, the authority may |
limit the height of new or replacement utility poles or |
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wireless support structures on which small wireless |
facilities are collocated to the higher of: (i) 10 feet in |
height above the tallest existing utility pole, other than |
a utility pole supporting only wireless facilities, that is |
in place on the date the application is submitted to the |
authority, that is located within 300 feet of the new or |
replacement utility pole or wireless support structure and |
that is in the same right-of-way within the jurisdictional |
boundary of the authority, provided the authority may |
designate which intersecting right-of-way within 300 feet |
of the proposed
utility pole or wireless support structures |
shall control the height limitation for such facility; or |
(ii) 45 feet above ground level. |
(6) An authority may require that: |
(A) the wireless provider's operation of the small |
wireless facilities does not interfere with the |
frequencies used by a public safety agency for public |
safety communications; a wireless provider shall |
install small wireless facilities of the type and |
frequency that will not cause unacceptable |
interference with a public safety agency's |
communications equipment; unacceptable interference |
will be determined by and measured in accordance with |
industry standards and the FCC's regulations |
addressing unacceptable interference to public safety |
spectrum or any other spectrum licensed by a public |
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safety agency; if a small wireless facility causes such |
interference, and the wireless provider has been given |
written notice of the interference by the public safety |
agency, the wireless provider, at its own expense, |
shall take all reasonable steps necessary to correct |
and eliminate the interference, including, but not |
limited to, powering down the small wireless facility |
and later powering up the small wireless facility for |
intermittent testing, if necessary; the authority may |
terminate a permit for a small wireless facility based |
on such interference if the wireless provider is not |
making a good faith effort to remedy the problem in a |
manner consistent with the abatement and resolution |
procedures for interference with public safety |
spectrum established by the FCC including 47 CFR 22.970 |
through 47 CFR 22.973 and 47 CFR 90.672 through 47 CFR |
90.675; |
(B) the wireless provider comply with requirements |
that are imposed by a contract between an authority and |
a private property owner that concern design or |
construction standards applicable to utility poles and |
ground-mounted equipment located in the right-of-way; |
(C) the wireless provider comply with applicable |
spacing requirements in applicable codes and |
ordinances concerning the location of ground-mounted |
equipment located in the right-of-way if the |
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requirements include a waiver, zoning, or other |
process that addresses wireless provider requests for |
exception or variance and do not prohibit granting of |
such exceptions or variances; |
(D) the wireless provider comply with local code |
provisions or regulations concerning undergrounding |
requirements that prohibit the installation of new or |
the modification of existing utility poles in a |
right-of-way without prior approval if the |
requirements include a waiver, zoning, or other |
process that addresses requests to install such new |
utility poles or modify such existing utility poles and |
do not prohibit the replacement of utility poles; |
(E) the wireless provider comply with generally |
applicable standards that are consistent with this Act |
and adopted by an authority for construction and public |
safety in the rights-of-way, including, but not |
limited to, reasonable and nondiscriminatory wiring |
and cabling requirements, grounding requirements, |
utility pole extension requirements, and signage |
limitations; and shall comply with reasonable and |
nondiscriminatory requirements that are consistent |
with this Act and adopted by an authority regulating |
the location, size, surface area and height of small |
wireless facilities, or the abandonment and removal of |
small wireless facilities; |
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(F) the wireless provider not collocate small |
wireless facilities on authority utility poles that |
are part of an electric distribution or transmission |
system within the communication worker safety zone of |
the pole or the electric supply zone of the pole; |
however, the antenna and support equipment of the small |
wireless facility may be located in the communications |
space on the authority utility pole and on the top of |
the pole, if not otherwise unavailable, if the wireless |
provider complies with applicable codes for work |
involving the top of the pole; for purposes of this |
subparagraph (F), the terms "communications space", |
"communication worker safety zone", and "electric |
supply zone" have the meanings given to those terms in |
the National Electric Safety Code as published by the |
Institute of Electrical and Electronics Engineers; |
(G) the wireless provider comply with the |
applicable codes and local code provisions or |
regulations that concern public safety;
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(H) the wireless provider comply with written |
design standards that are generally applicable for |
decorative utility poles, or reasonable stealth, |
concealment, and aesthetic requirements that are |
identified by the authority in an ordinance, written |
policy adopted by the governing board of the authority, |
a comprehensive plan, or other written design plan that |
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applies to other occupiers of the rights-of-way, |
including on a historic landmark or in a historic |
district; and
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(I) subject to subsection (c) of this Section, and |
except for facilities excluded from evaluation for |
effects on historic properties
under 47 CFR |
1.1307(a)(4), reasonable, technically feasible and |
non-discriminatory design or concealment measures in a |
historic district or historic landmark; any such |
design or concealment measures, including restrictions |
on a specific category of poles, may not have the |
effect of prohibiting any provider's technology; such |
design and concealment measures shall not be |
considered a part of the small wireless facility for |
purposes of the size restrictions of a small wireless |
facility; this paragraph may not be construed to limit |
an authority's enforcement of historic preservation in |
conformance with the requirements adopted pursuant to |
the Illinois State Agency Historic Resources |
Preservation Act or the National Historic Preservation |
Act of 1966, 54 U.S.C. Section 300101 et seq., and the |
regulations adopted to implement those laws.
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(7) Within 30 days after receiving an application, an |
authority must determine whether the application is |
complete and notify the applicant. If an application is |
incomplete, an authority must specifically identify the |
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missing information. An application shall be deemed |
complete if the authority fails to provide notification to |
the applicant within 30 days after when all documents, |
information, and fees specifically enumerated in the |
authority's permit application form are submitted by the |
applicant to the authority. Processing deadlines are |
tolled from the time the authority sends the notice of |
incompleteness to the time the applicant provides the |
missing information. |
(8) An authority shall process applications as |
follows: |
(A) an application to collocate a small wireless |
facility on an existing utility pole or wireless |
support structure shall be processed on a |
nondiscriminatory basis and deemed approved if the |
authority fails to approve or deny the application |
within 90 days; however, if an applicant intends to |
proceed with the permitted activity on a deemed |
approved basis, the applicant must notify the |
authority in writing of its intention to invoke the |
deemed approved remedy no sooner than 75 days after the |
submission of a completed application; the permit |
shall be deemed approved on the latter of the 90th day |
after submission of the complete application or the |
10th day after the receipt of the deemed approved |
notice by the authority; the receipt of the deemed |
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approved notice shall not preclude the authority's |
denial of the permit request within the time limits as |
provided under this Act; and |
(B) an application to collocate a small wireless |
facility that includes the installation of a new |
utility pole shall be processed on a nondiscriminatory |
basis and deemed approved if the authority fails to |
approve or deny the application within 120 days; |
however, if an applicant intends to proceed with the |
permitted activity on a deemed approved basis, the |
applicant must notify the authority in writing of its |
intention to invoke the deemed approved remedy no |
sooner than 105 days after the submission of a |
completed application; the permit shall be deemed |
approved on the latter of the 120th day after |
submission of the complete application or the 10th day |
after the receipt of the deemed approved notice by the |
authority; the receipt of the deemed approved notice |
shall not preclude the authority's denial of the permit |
request within the time limits as provided under this |
Act. |
(9) An authority shall approve an application unless |
the application does not meet the requirements of this Act. |
If an authority determines that applicable codes, local |
code provisions or regulations that concern public safety, |
or the requirements of paragraph (6) require that the |
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utility pole or wireless support structure be replaced |
before the requested collocation, approval may be |
conditioned on the replacement of the utility pole or |
wireless support structure at the cost of the provider. The |
authority must document the basis for a denial, including |
the specific code provisions or application conditions on |
which the denial was based, and send the documentation to |
the applicant on or before the day the authority denies an |
application. The applicant may cure the deficiencies |
identified by the authority and resubmit the revised |
application once within 30 days after notice of denial is |
sent to the applicant without paying an additional |
application fee. The authority shall approve or deny the |
revised application within 30 days after the applicant |
resubmits the application or it is deemed approved; |
however, the applicant must notify the authority in writing |
of its intention to proceed with the permitted activity on |
a deemed approved basis, which may be submitted with the |
resubmitted application. Any subsequent review shall be |
limited to the deficiencies cited in the denial. However, |
this revised application cure does not apply if the cure |
requires the review of a new location, new or different |
structure to be collocated upon, new antennas, or other |
wireless equipment associated with the small wireless |
facility. |
(10) The time period for applications may be further |
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tolled by: |
(A) the express agreement in writing by both the |
applicant and the authority; or |
(B) a local, State, or federal disaster |
declaration or similar emergency that causes the |
delay. |
(11) An applicant seeking to collocate small wireless |
facilities within the jurisdiction of a single authority |
shall be allowed, at the applicant's discretion, to file a |
consolidated application and receive a single permit for |
the collocation of up to 25 small wireless facilities if |
the collocations each involve substantially the same type |
of small wireless facility and substantially the same type |
of structure. If an application includes multiple small |
wireless facilities, the authority may remove small |
wireless facility collocations from the application and |
treat separately small wireless facility collocations for |
which incomplete information has been provided or that do |
not qualify for consolidated treatment or that are denied. |
The authority may issue separate permits for each |
collocation that is approved in a consolidated |
application. |
(12) Collocation for which a permit is granted shall be |
completed within 180 days after issuance of the permit, |
unless the authority and the wireless provider agree to |
extend this period or a delay is caused by make-ready work |
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for an authority utility pole or by the lack of commercial |
power or backhaul availability at the site, provided the |
wireless provider has made a timely request within 60 days |
after the issuance of the permit for commercial power or |
backhaul services, and the additional time to complete |
installation does not exceed 360 days after issuance of the |
permit. Otherwise, the permit shall be void unless the |
authority grants an extension in writing to the applicant. |
(13) The duration of a permit shall be for a period of |
not less than 5 years, and the permit shall be renewed for |
equivalent durations unless the authority makes a finding |
that the small wireless facilities or the new or modified |
utility pole do not comply with the applicable codes or |
local code provisions or regulations in paragraphs (6) and |
(9). If this Act is repealed as provided in Section 90, |
renewals of permits shall be subject to the applicable |
authority code provisions or regulations in effect at the |
time of renewal. |
(14) An authority may not prohibit, either expressly or |
de facto, the (i) filing, receiving, or processing |
applications, or (ii) issuing of permits or other |
approvals, if any, for the collocation of small wireless |
facilities unless there has been a local, State, or federal |
disaster declaration or similar emergency that causes the |
delay. |
(15) Applicants shall submit applications, supporting |
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information, and notices by personal delivery or as |
otherwise required by the authority. An authority may |
require that permits, supporting information, and notices |
be submitted by personal delivery at the authority's |
designated place of business, by regular mail postmarked on |
the date due, or by any other commonly used means, |
including electronic mail, as required by the authority. |
(e) Application fees are subject to the following |
requirements: |
(1) An authority may charge an application fee of up to |
$650 for an application to collocate a single small |
wireless facility on an existing utility pole or wireless |
support structure and up to $350 for each small wireless |
facility addressed in an application to collocate more than |
one small wireless facility on existing utility poles or |
wireless support structures. |
(2) An authority may charge an application fee of |
$1,000 for each small wireless facility addressed in an |
application that includes the installation of a new utility |
for such collocation. |
(3) Notwithstanding any contrary provision of State |
law or local ordinance, applications pursuant to this |
Section must be accompanied by the required application |
fee.
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(4) Within 2 months after the effective date of this |
Act, an authority shall make available application fees |
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consistent with this subsection, through ordinance, or in a |
written schedule of permit fees adopted by the authority.
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(f) An authority shall not require an application, |
approval, or permit, or require any fees or other charges, from |
a communications service provider authorized to occupy the |
rights-of-way, for: (i) routine maintenance; (ii) the |
replacement of wireless facilities with wireless facilities |
that are substantially similar, the same size, or smaller if |
the wireless provider notifies the authority at least 10 days |
prior to the planned replacement and includes equipment |
specifications for the replacement of equipment consistent |
with the requirements of subparagraph (D) of paragraph (2) of |
subsection (d) of this Section; or (iii) the installation, |
placement, maintenance, operation, or replacement of micro |
wireless facilities that are suspended on cables that are |
strung between existing utility poles in compliance with |
applicable safety codes. However, an authority may require a |
permit to work within rights-of-way for activities that affect |
traffic patterns or require lane closures. |
(g) Nothing in this Act authorizes a person to collocate |
small wireless facilities on: (1) property owned by a private |
party or property owned or controlled by a unit of local |
government that is not located within rights-of-way, subject to |
subsection (j) of this Section, or a privately owned utility |
pole or wireless support structure without the consent of the |
property owner; (2) property owned, leased, or controlled by a |
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park district, forest preserve district, or conservation |
district for public park, recreation, or conservation purposes |
without the consent of the affected district, excluding the |
placement of facilities on rights-of-way located in an affected |
district that are under the jurisdiction and control of a |
different unit of local government as provided by the Illinois |
Highway Code; or (3) property owned by a rail carrier |
registered under Section 18c-7201 of the Illinois Vehicle Code, |
Metra Commuter Rail or any other public commuter rail service, |
or an electric utility as defined in Section 16-102 of the |
Public Utilities Act, without the consent of the rail carrier, |
public commuter rail service, or electric utility. The |
provisions of this Act do not apply to an electric or gas |
public utility or such utility's wireless facilities if the |
facilities are being used, developed, and maintained |
consistent with the provisions of subsection (i) of Section |
16-108.5 of the Public Utilities Act. |
For the purposes of this subsection, "public utility" has |
the meaning given to that term in Section 3-105 of the Public |
Utilities Act. Nothing in this Act shall be construed to |
relieve any person from any requirement (1) to obtain a |
franchise or a State-issued authorization to offer cable |
service or video service or (2) to obtain any required |
permission to install, place, maintain, or operate |
communications facilities, other than small wireless |
facilities subject to this Act. |
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(h) Agreements between authorities and wireless providers |
that relate to the collocation of small wireless facilities in |
the right-of-way, including the collocation of small wireless |
facilities on authority utility poles, that are in effect on |
the effective date of this Act remain in effect for all small |
wireless facilities collocated on the authority's utility |
poles pursuant to applications submitted to the authority |
before the effective date of this Act, subject to applicable |
termination provisions. Such agreements entered into after the |
effective date of the Act shall comply with the Act. |
(i) An authority shall allow the collocation of small |
wireless facilities on authority utility poles subject to the |
following: |
(1) An authority may not enter into an exclusive |
arrangement with any person for the right to attach small |
wireless facilities to authority utility poles. |
(2) The rates and fees for collocations on authority |
utility poles shall be nondiscriminatory regardless of the |
services provided by the collocating person. |
(3) An authority may charge an annual recurring rate to |
collocate a small wireless facility on an authority utility |
pole located in a right-of-way that equals (i) $200 per |
year or (ii) the actual, direct, and reasonable costs |
related to the wireless provider's use of space on the |
authority utility pole. Rates for collocation on authority |
utility poles located outside of a right-of-way are not |
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subject to these limitations. In any controversy |
concerning the appropriateness of a cost-based rate for an |
authority utility pole located within a right-of-way, the |
authority shall have the burden of proving that the rate |
does not exceed the actual, direct, and reasonable costs |
for the applicant's proposed use of the authority utility |
pole. Nothing in this paragraph (3) prohibits a wireless |
provider and an authority from mutually agreeing to an |
annual recurring rate of less than $200 to collocate a |
small wireless facility on an authority utility pole. |
(4) Authorities or other persons owning or controlling |
authority utility poles within the right-of-way shall |
offer rates, fees, and other terms that comply with |
subparagraphs (A) through (E) of this paragraph (4). Within |
2 months after the effective date of this Act, an authority |
or a person owning or controlling authority utility poles |
shall make available, through ordinance or an authority |
utility pole attachment agreement, license or other |
agreement that makes available to wireless providers, the |
rates, fees, and terms for the collocation of small |
wireless facilities on authority utility poles that comply |
with this Act and with subparagraphs (A) through (E) of |
this paragraph (4). In the absence of such an ordinance or |
agreement that complies with this Act, and until such a |
compliant ordinance or agreement is adopted, wireless |
providers may collocate small wireless facilities and |
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install utility poles under the requirements of this Act. |
(A) The rates, fees, and terms must be |
nondiscriminatory, competitively neutral, and |
commercially reasonable, and may address, among other |
requirements, the requirements in subparagraphs (A) |
through (I) of paragraph (6) of subsection (d) of this |
Section; subsections (e), (i), and (k) of this Section; |
Section 30; and Section 35, and must comply with this |
Act. |
(B) For authority utility poles that support |
aerial facilities used to provide communications |
services or electric service, wireless providers shall |
comply with the process for make-ready work under 47 |
U.S.C. 224 and its implementing regulations, and the |
authority shall follow a substantially similar process |
for make-ready work except to the extent that the |
timing requirements are otherwise addressed in this |
Act. The good-faith estimate of the person owning or |
controlling the authority utility pole for any |
make-ready work necessary to enable the pole to support |
the requested collocation shall include authority |
utility pole replacement, if necessary. |
(C) For authority utility poles that do not support |
aerial facilities used to provide communications |
services or electric service, the authority shall |
provide a good-faith estimate for any make-ready work |
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necessary to enable the authority utility pole to |
support the requested collocation, including pole |
replacement, if necessary, within 90 days after |
receipt of a complete application. Make-ready work, |
including any authority utility pole replacement, |
shall be completed within 60 days of written acceptance |
of the good-faith estimate by the applicant at the |
wireless provider's sole cost and expense. |
Alternatively, if the authority determines that |
applicable codes or public safety regulations require |
the authority utility pole to be replaced to support |
the requested collocation, the authority may require |
the wireless provider to replace the authority utility |
pole at the wireless provider's sole cost and expense. |
(D) The authority shall not require more |
make-ready work than required to meet applicable codes |
or industry standards. Make-ready work may include |
work needed to accommodate additional public safety |
communications needs that are identified in a |
documented and approved plan for the deployment of |
public safety equipment as specified in paragraph (1) |
of subsection (d) of this Section and included in an |
existing or preliminary authority or public service |
agency budget for attachment within one year of the |
application. Fees for make-ready work, including any |
authority utility pole replacement, shall not exceed |
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actual costs or the amount charged to communications |
service providers for similar work and shall not |
include any consultants' fees or expenses for |
authority utility poles that do not support aerial |
facilities used to provide communications services or |
electric service. Make-ready work, including any pole |
replacement, shall be completed within 60 days of |
written acceptance of the good-faith estimate by the |
wireless provider, at its sole cost and expense. |
(E) A wireless provider that has an existing |
agreement with the authority on the effective date of |
the Act may accept the rates, fees, and terms that an |
authority makes available under this Act for the |
collocation of small wireless facilities or the |
installation of new utility poles for the collocation |
of small wireless facilities that are the subject of an |
application submitted 2 or more years after the |
effective date of the Act as provided in this paragraph |
(4) by notifying the authority that it opts to accept |
such rates, fees, and terms. The existing agreement |
remains in effect, subject to applicable termination |
provisions, for the small wireless facilities the |
wireless provider has collocated on the authority's |
utility poles pursuant to applications submitted to |
the authority before the wireless provider provides |
such notice and exercises its option under this |
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subparagraph. |
(j) An authority shall authorize the collocation of small |
wireless facilities on utility poles owned or controlled by the |
authority that are not located within rights-of-way to the same |
extent the authority currently permits access to utility poles |
for other commercial projects or uses. The collocations shall |
be subject to reasonable and nondiscriminatory rates, fees, and |
terms as provided in an agreement between the authority and the |
wireless provider. |
(k) Nothing in this Section precludes an authority from |
adopting reasonable rules with respect to the removal of |
abandoned small wireless facilities. A small wireless facility |
that is not operated for a continuous period of 12 months shall |
be considered abandoned and the owner of the facility must |
remove the small wireless facility within 90 days after receipt |
of written notice from the authority notifying the owner of the |
abandonment. The notice shall be sent by certified or |
registered mail, return receipt requested, by the authority to |
the owner at the last known address of the owner. If the small |
wireless facility is not removed within 90 days of such notice, |
the authority may remove or cause the removal of the such |
facility pursuant to the terms of its pole attachment agreement |
for authority utility poles or through whatever actions are |
provided for abatement of nuisances or by other law for removal |
and cost recovery. An authority may require a wireless provider |
to provide written notice to the authority if it sells or |
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transfers small wireless facilities subject to this Act within |
the jurisdictional boundary of the authority. Such notice shall |
include the name and contact information of the new wireless |
provider. |
(l) Nothing in this Section requires an authority to |
install or maintain any specific utility pole or to continue to |
install or maintain utility poles in any location if the |
authority makes a non-discriminatory decision to eliminate |
above-ground utility poles of a particular type generally, such |
as electric utility poles, in all or a significant portion of |
its geographic jurisdiction. For authority utility poles with |
collocated small wireless facilities in place when an authority |
makes a decision to eliminate above-ground utility poles of a |
particular type generally, the authority shall either (i) |
continue to maintain the authority utility pole or install and |
maintain a reasonable alternative utility pole or wireless |
support structure for the collocation of the small wireless |
facility, or (ii) offer to sell the utility pole to the |
wireless provider at a reasonable cost or allow the wireless |
provider to install its own utility pole so it can maintain |
service from that location.
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Section 20. Local authority. Subject to this Act and |
applicable federal law, an authority may continue to exercise |
zoning, land use, planning, and permitting authority within its |
territorial boundaries, including with respect to wireless |
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support structures and utility poles; except that no authority |
shall have or exercise any jurisdiction or authority over the |
design, engineering, construction, installation, or operation |
of any small wireless facility located in an interior structure |
or upon the site of any campus, stadium, or athletic facility |
not otherwise owned or controlled by the authority, other than |
to comply with applicable codes and local code provisions |
concerning public safety. Nothing in this Act authorizes the |
State or any political subdivision, including an authority, to |
require wireless facility deployment or to regulate wireless |
services.
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Section 25. Dispute resolution. A circuit court has |
jurisdiction to resolve all disputes arising under this Act. |
Pending resolution of a dispute concerning rates for |
collocation of small wireless facilities on authority utility |
poles within the right-of-way, the authority shall allow the |
collocating person to collocate on its poles at annual rates of |
no more than $200 per year per authority utility pole, with |
rates to be determined upon final resolution of the dispute.
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Section 30. Indemnification. A wireless provider shall |
indemnify and hold an authority harmless against any and all |
liability or loss from personal injury or property damage |
resulting from or arising out of, in whole or in part, the use |
or occupancy of the authority improvements or right-of-way |
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associated with such improvements by the wireless provider or |
its employees, agents, or contractors arising out of the rights |
and privileges granted under this Act. A wireless provider has |
no obligation to indemnify or hold harmless against any |
liabilities and losses as may be due to or caused by the sole |
negligence of the authority or its employees or agents. A |
wireless provider shall further waive any claims that they may |
have against an authority with respect to consequential, |
incidental, or special damages, however caused, based on the |
theory of liability.
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Section 35. Insurance. |
(a) Except for a wireless provider with an existing |
franchise to occupy and operate in the rights-of-way, during |
the period in which the wireless provider's facilities are |
located on the authority improvements or rights-of-way, the |
authority may require the wireless provider to carry, at the |
wireless provider's own cost and expense, the following |
insurance: (i) property insurance for its property's |
replacement cost against all risks; (ii) workers' compensation |
insurance, as required by law; or (iii) commercial general |
liability insurance with respect to its activities on the |
authority improvements or rights-of-way to afford minimum |
protection limits consistent with its requirements of other |
users of authority improvements or rights-of-way, including |
coverage for bodily injury and property damage. An authority |
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may require a wireless provider to include the authority as an |
additional insured on the commercial general liability policy |
and provide certification and documentation of inclusion of the |
authority in a commercial general liability policy as |
reasonably required by the authority. |
(b) A wireless provider may self-insure all or a portion of |
the insurance coverage and limit requirements required by an |
authority. A wireless provider that self-insures is not |
required, to the extent of the self-insurance, to comply with |
the requirement for the naming of additional insureds under |
this Section. A wireless provider that elects to self-insure |
shall provide to the authority evidence sufficient to |
demonstrate its financial ability to self-insure the insurance |
coverage and limits required by the authority.
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Section 40. Home rule. A home rule unit may not regulate |
small wireless facilities in a manner inconsistent with this |
Act. This Section is a limitation under subsection (i) of |
Section 6 of Article VII of the Illinois Constitution on the |
concurrent exercise by home rule units of powers and functions |
exercised by the State.
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Section 90. Repeal. This Act is repealed on June 1, 2021.
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Section 100. The Counties Code is amended by changing |
Section 5-12001.2 as follows:
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(55 ILCS 5/5-12001.2) |
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 and except as provided by the |
Small Wireless Facilities Deployment Act, 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 |
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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 |
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increase the construction budget beyond what was estimated |
on the original carrier proposed site, (iii) the county has |
failed to provide an alternative 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.
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(Source: P.A. 98-197, eff. 8-9-13; 98-756, eff. 7-16-14.)
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