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

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

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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 9-3)

Status: (Passed) 2018-04-12 - Public Act . . . . . . . . . 100-0585 [SB1451 Detail]

Download: Illinois-2017-SB1451-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB1451 Introduced 2/9/2017, by Sen. Terry Link SYNOPSIS AS INTRODUCED:
New Act
55 ILCS 5/5-12001.2
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.
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FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Small
Wireless Facilities Deployment Act.
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, the General Assembly is enacting
this Act, which specifies how local authorities may regulate
the collocation of small wireless facilities.
Section 10. Definitions. As used in this Act:
"Antenna" means communications equipment that transmits or

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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 enacted solely to address imminent threats of
destruction of property or injury to persons to the extent not
inconsistent with the terms of this Act.
"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.
"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,
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

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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.
"Law" means a federal or State statute, common law, code,
rule, regulation, order, or local ordinance or resolution.
"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.
"Rate" means a recurring charge.
"Rights-of-way" means the area on, below, or above a public
roadway, highway, street, sidewalk, alley, utility easement,
or similar property, but not including a federal interstate
highway.
"Small wireless facility" means a wireless facility that
meets both of the following qualifications: (i) each antenna is

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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 associated with the facility is
cumulatively no more than 28 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,
signage, 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
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 the structure or improvements on, under, or within
which the equipment is collocated.

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"Wireless infrastructure provider" means any person,
including a 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, but that is not
a wireless services provider.
"Wireless provider" means a wireless infrastructure
provider or a wireless services provider.
"Wireless services" means any services, whether at a fixed
location or mobile, provided using wireless facilities.
"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.
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

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permitted uses and 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 not zoned exclusively for
single family residential use.
(d) An authority may require an applicant to obtain one or
more permits to collocate a small wireless facility, provided
that the permits are of general applicability and do not apply
exclusively to wireless facilities. An authority shall receive
applications for, process, and issue 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 pole space for the authority.
(2) An applicant shall not be required to provide more
information to obtain a permit than communications service
providers that are not wireless providers.
(3) An authority may not require the placement of small
wireless facilities on any specific utility pole, or
category of poles, or require multiple antenna systems on a
single utility pole.
(4) An authority may not limit the placement of small
wireless facilities, either by minimum separation
distances or maximum height limitations, except that the
authority may limit the height of a small wireless facility

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to 10 feet above the utility pole or wireless support
structure on which the small wireless facility is
collocated. Subject to any exception process in an
authority zoning ordinance, the authority may (i) limit the
height of new or replacement utility poles or wireless
support structures on which small wireless facilities are
collocated to 10 feet above the tallest existing utility
pole measured from grade in place within 500 feet of the
proposed location of the small wireless facility; or (ii)
limit the height of the new or replacement utility pole or
wireless support structure to 50 feet if there is no
utility pole within 500 feet.
(5) Within 10 days after receiving an application, an
authority must determine and notify the applicant by
electronic mail whether the application is complete. If an
application is incomplete, an authority must specifically
identify the missing information. An application shall be
deemed complete if the authority fails to provide
notification to the applicant within 10 days or when all
documents, information, and fees specifically enumerated
in the authority's permit application form are submitted by
the applicant to the authority.
(6) An application shall be processed on a
nondiscriminatory basis and deemed approved if the
authority fails to approve or deny the application within
60 days.

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(7) An authority shall approve an application unless it
does not meet the authority's applicable codes. The
authority must document the basis for a denial, including
the specific code provisions on which the denial was based,
and send the documentation to the applicant by electronic
mail on or before the day the authority denies an
application. The applicant may cure the deficiencies
identified by the authority and resubmit the application
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 notice of denial is sent to the
applicant or it is deemed approved. Any subsequent review
shall be limited to the deficiencies cited in the denial.
(8) 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 multiple small wireless facilities.
(9) Collocation for which a permit is granted shall
commence within one year after issuance of the permit and
shall be pursued to completion. Any time limitation placed
on permits shall be void unless the applicant subsequently
and voluntarily requests that the permit be terminated.
(10) An authority may not institute, either expressly
or de facto, a moratorium on (i) filing, receiving, or

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processing applications or (ii) issuing permits or other
approvals, if any, for the collocation of small wireless
facilities.
(e) Application fees shall be subject to the following
requirements:
(1) An authority may charge an application fee only if
such fee is required for similar types of commercial
development within the authority's jurisdiction.
(2) An authority shall only charge fees for the actual,
direct, and reasonable costs incurred by the authority
relating to the granting or processing of an application.
Such fees shall be reasonably related in time to the
incurring of such costs. Where such costs are already
recovered by existing fees, rates, or taxes paid by a
wireless provider, no application fee shall be assessed to
recover such costs.
(3) A fee may not include (i) travel expenses incurred
by a third party in its review of an application or (ii)
direct payment or reimbursement of third-party rates or
fees charged on a contingency basis or a result-based
arrangement.
(4) In any controversy concerning the appropriateness
of a fee, an authority shall have the burden of proving
that the fee is reasonably related to the actual, direct,
and reasonable costs incurred by the authority.
(5) Total application fees, where permitted, shall not

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exceed the lesser of: (i) the amount charged by the
authority for a building permit for any similar commercial
construction, activity, or land use development; or (ii)
$100 each for up to 5 small wireless facilities addressed
in an application and $50 for each additional small
wireless facility addressed in the application.
(f) An authority shall not require an application for (i)
routine maintenance or (ii) the replacement of wireless
facilities with wireless facilities that are substantially
similar, the same size, or smaller. An authority may, however,
require a permit to work within rights-of-way for items (i) and
(ii) of this subsection, if applicable. Any permits for work
within rights-of-way shall be subject to the requirements
provided in this Section.
(g) Nothing in this Act authorizes a person to collocate
small wireless facilities on a privately owned utility pole or
wireless support structure or other private property without
the consent of the property owner.
(h) An authority shall allow the collocation of small
wireless facilities on authority utility poles as follows:
(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.

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(3) The rate to collocate on authority utility poles
may not exceed the annual recurring rate that would be
permitted under rules adopted by the FCC under 47 U.S.C.
224(e) if the rates were regulated by the FCC or $20 per
year per authority utility pole, whichever is less.
(4) If an authority has an existing pole attachment
rate, fee, or other term that does not comply with the
requirements in this Section, the authority shall, no later
than 6 months after the effective date of this Act, reform
such rate, fee, or term in compliance with this subsection.
(5) Persons owning or controlling authority utility
poles shall offer rates, fees, and other terms that comply
with subparagraphs (A) through (D) of this paragraph (5).
Within 6 months after the effective date of this Act or 3
months after receiving a request to collocate its first
small wireless facility on an authority utility pole,
whichever is later, a person owning or controlling
authority utility poles shall make available, through
ordinance or otherwise, the rates, fees, and terms for the
collocation of small wireless facilities on such poles that
comply with subparagraphs (A) through (D) of this paragraph
(5).
(A) The rates, fees, and terms must be
nondiscriminatory, competitively neutral, and
commercially reasonable and must comply with this
subsection (h).

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(B) For authority utility poles that support
aerial facilities used to provide communications
services or electric service the parties shall comply
with the process for make-ready work under 47 U.S.C.
224 and its implementing regulations. The good faith
estimate of the person owning or controlling the pole
for any make-ready work necessary to enable the pole to
support the requested collocation shall include 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
necessary to enable the pole to support the requested
collocation, including pole replacement, if necessary,
within 60 days after receipt of a complete application.
Make-ready work including any pole replacement shall
be completed within 60 days of written acceptance of
the good faith estimate by the applicant.
(D) The authority shall not require more
make-ready work than required to meet applicable codes
or industry standards. Fees for make-ready work shall
not include costs related to pre-existing or prior
damage or noncompliance. Fees for make-ready work,
including any pole replacement, shall not exceed
actual costs or the amount charged to communications

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service providers for similar work and shall not
include any consultants' fees or expenses.
(i) An authority shall authorize the collocation of small
wireless facilities on authority wireless support structures
and authority utility poles owned or controlled by an authority
that are not located within rights-of-way to the same extent
the authority permits access to such structures for other
commercial projects or uses. Such collocations shall be subject
to reasonable and nondiscriminatory rates, fees, and terms as
provided in an agreement between the authority and the wireless
provider.
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
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. 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, the authority shall allow the collocating person to
collocate on its poles at annual rates of no more than $20 per
year per utility pole, with rates to be determined upon final
resolution of the dispute. Complaints shall be adjudicated no
later than 180 days after a complaint or petition is filed.
Section 30. Indemnification. An authority shall not: (i)
require a wireless provider to indemnify and hold the authority
and its officers and employees harmless against any claims,
lawsuits, judgments, costs, liens, losses, expenses, or fees,
except when a court of competent jurisdiction has found that
the negligence of the wireless provider while installing,
repairing, or maintaining caused the harm that created the
claims, lawsuits, judgments, costs, liens, losses, expenses,
or fees; or (ii) require a wireless provider to obtain
insurance naming the authority or its officers and employees an
additional insured against any claims, lawsuits, judgments,
costs, liens, losses, expenses, or fees.
Section 35. Home rule. A home rule unit may not regulate
small wireless facilities in a manner inconsistent with this

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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.
Section 100. The Counties Code is amended by changing
Section 5-12001.2 as follows:
(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

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

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facility at the alternative location, subject to the
negotiation of a lease with commercially reasonable terms
and the obtainment of the customary building permits.
(f) If the telecommunications carrier can demonstrate
that: (i) the county's proposed alternative site does not
meet the radio frequency engineering criteria, (ii) the
county's proposed alternative site will materially
increase the construction budget beyond what was estimated
on the original carrier proposed site, (iii) the county has
failed to provide an 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.
(Source: P.A. 98-197, eff. 8-9-13; 98-756, eff. 7-16-14.)