Rep. Kelly M. Burke
Filed: 11/1/2017
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1 | AMENDMENT TO SENATE BILL 1451
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2 | AMENDMENT NO. ______. Amend Senate Bill 1451 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Small | ||||||
5 | Wireless Facilities Deployment Act. | ||||||
6 | Section 5. Legislative intent. Small wireless facilities | ||||||
7 | are critical to delivering wireless access to advanced | ||||||
8 | technology, broadband, and 9-1-1 services to homes, | ||||||
9 | businesses, and schools in Illinois. Because of the integral | ||||||
10 | role that the delivery of wireless technology plays in the | ||||||
11 | economic vitality of the State of Illinois and in the lives of | ||||||
12 | its citizens, the General Assembly has determined that a law | ||||||
13 | addressing the deployment of wireless technology is of vital | ||||||
14 | interest to the State. To ensure that public and private | ||||||
15 | Illinois consumers continue to benefit from these services as | ||||||
16 | soon as possible and to ensure that providers of wireless |
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1 | access have a fair and predictable process for the deployment | ||||||
2 | of small wireless facilities in a manner consistent with the | ||||||
3 | character of the area in which the small wireless facilities | ||||||
4 | are deployed, the General Assembly is enacting this Act, which | ||||||
5 | specifies how local authorities may regulate the collocation of | ||||||
6 | small wireless facilities. | ||||||
7 | Section 7. Applicability. This Act does not apply to a | ||||||
8 | municipality with a population of 1,000,000 or more. | ||||||
9 | Section 10. Definitions. As used in this Act: | ||||||
10 | "Antenna" means communications equipment that transmits or | ||||||
11 | receives electromagnetic radio frequency signals used in the | ||||||
12 | provision of wireless services. | ||||||
13 | "Applicable codes" means uniform building, fire, | ||||||
14 | electrical, plumbing, or mechanical codes adopted by a | ||||||
15 | recognized national code organization or local amendments to | ||||||
16 | those codes, including the National Electric Safety Code. | ||||||
17 | "Applicant" means any person who submits an application and | ||||||
18 | is a wireless provider. | ||||||
19 | "Application" means a request submitted by an applicant to | ||||||
20 | an authority for a permit to collocate small wireless | ||||||
21 | facilities, and a request that includes the installation of a | ||||||
22 | new utility pole for such collocation, as well as any | ||||||
23 | applicable fee for the review of such application. | ||||||
24 | "Authority" means a unit of local government that has |
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1 | jurisdiction and control for use of public rights-of-way as | ||||||
2 | provided by the Illinois Highway Code for placements within | ||||||
3 | public rights-of-way or has zoning or land use control for | ||||||
4 | placements not within public rights-of-way. | ||||||
5 | "Authority utility pole" means a utility pole owned or | ||||||
6 | operated by an authority in public rights-of-way. | ||||||
7 | "Collocate" or "collocation" means to install, mount, | ||||||
8 | maintain, modify, operate, or replace wireless facilities on or | ||||||
9 | adjacent to a wireless support structure or utility pole. | ||||||
10 | "Communications service" means cable service, as defined | ||||||
11 | in 47 U.S.C. 522(6), as amended; information service, as | ||||||
12 | defined in 47 U.S.C. 153(24), as amended; telecommunications | ||||||
13 | service, as defined in 47 U.S.C. 153(53), as amended; mobile | ||||||
14 | service, as defined in 47 U.S.C. 153(33), as amended; or | ||||||
15 | wireless service other than mobile service. | ||||||
16 | "Communications service provider" means a cable operator, | ||||||
17 | as defined in 47 U.S.C. 522(5), as amended; a provider of | ||||||
18 | information service, as defined in 47 U.S.C. 153(24), as | ||||||
19 | amended; a telecommunications carrier, as defined in 47 U.S.C. | ||||||
20 | 153(51), as amended; or a wireless provider. | ||||||
21 | "FCC" means the Federal Communications Commission of the | ||||||
22 | United States. | ||||||
23 | "Fee" means a one-time charge. | ||||||
24 | "Historic district" or "historic landmark" means a | ||||||
25 | building, property, or site, or group of buildings, properties, | ||||||
26 | or sites that are either (i) listed in the National Register of |
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1 | Historic Places or formally determined eligible for listing by | ||||||
2 | the Keeper of the National Register, the individual who has | ||||||
3 | been delegated the authority by the federal agency to list | ||||||
4 | properties and determine their eligibility for the National | ||||||
5 | Register, in accordance with Section VI.D.1.a.i through | ||||||
6 | Section VI.D.1.a.v of the Nationwide Programmatic Agreement | ||||||
7 | codified at 47 CFR Part 1, Appendix C; or (ii) designated as a | ||||||
8 | locally landmarked building, property, site, or historic | ||||||
9 | district by an ordinance adopted by the authority pursuant to a | ||||||
10 | preservation program that meets the requirements of the | ||||||
11 | Certified Local Government Program of the Illinois State | ||||||
12 | Historic Preservation Office or where such certification of the | ||||||
13 | preservation program by the Illinois State Historic | ||||||
14 | Preservation Office is pending. | ||||||
15 | "Law" means a federal or State statute, common law, code, | ||||||
16 | rule, regulation, order, or local ordinance or resolution. | ||||||
17 | "Micro wireless facility" means a small wireless facility | ||||||
18 | that is not larger in dimension than 24 inches in length, 15 | ||||||
19 | inches in width, and 12 inches in height and that has an | ||||||
20 | exterior antenna, if any, no longer than 11 inches. | ||||||
21 | "Permit" means a written authorization required by an | ||||||
22 | authority to perform an action or initiate, continue, or | ||||||
23 | complete a project. | ||||||
24 | "Person" means an individual, corporation, limited | ||||||
25 | liability company, partnership, association, trust, or other | ||||||
26 | entity or organization, including an authority. |
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1 | "Public safety agency" means the functional division of the | ||||||
2 | federal government, the State, a unit of local government, or a | ||||||
3 | special purpose district located in whole or in part within | ||||||
4 | this State, that provides or has authority to provide | ||||||
5 | firefighting, police, ambulance, medical, or other emergency | ||||||
6 | services to respond to and manage emergency incidents. | ||||||
7 | "Rate" means a recurring charge. | ||||||
8 | "Right-of-way" means the area on, below, or above a public | ||||||
9 | roadway, highway, street, public sidewalk, alley, or utility | ||||||
10 | easement dedicated for compatible use. "Right-of-way" does not | ||||||
11 | include authority-owned aerial lines.
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12 | "Small wireless facility" means a wireless facility that | ||||||
13 | meets both of the following qualifications: (i) each antenna is | ||||||
14 | located inside an enclosure of no more than 6 cubic feet in | ||||||
15 | volume or, in the case of an antenna that has exposed elements, | ||||||
16 | the antenna and all of its exposed elements could fit within an | ||||||
17 | imaginary enclosure of no more than 6 cubic feet; and (ii) all | ||||||
18 | other wireless equipment attached directly to a utility pole | ||||||
19 | associated with the facility is cumulatively no more than 25 | ||||||
20 | cubic feet in volume. The following types of associated | ||||||
21 | ancillary equipment are not included in the calculation of | ||||||
22 | equipment volume: electric meter, concealment elements, | ||||||
23 | telecommunications demarcation box, ground-based enclosures, | ||||||
24 | grounding equipment, power transfer switch, cut-off switch, | ||||||
25 | and vertical cable runs for the connection of power and other | ||||||
26 | services. |
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1 | "Utility pole" means a pole or similar structure that is | ||||||
2 | used in whole or in part by a communications service provider | ||||||
3 | or for electric distribution, lighting, traffic control, or a | ||||||
4 | similar function. | ||||||
5 | "Wireless facility" means equipment at a fixed location | ||||||
6 | that enables wireless communications between user equipment | ||||||
7 | and a communications network, including: (i) equipment | ||||||
8 | associated with wireless communications; and (ii) radio | ||||||
9 | transceivers, antennas, coaxial or fiber-optic cable, regular | ||||||
10 | and backup power supplies, and comparable equipment, | ||||||
11 | regardless of technological configuration. "Wireless facility" | ||||||
12 | includes small wireless facilities. "Wireless facility" does | ||||||
13 | not include: (i) the structure or improvements on, under, or | ||||||
14 | within which the equipment is collocated; or (ii) wireline | ||||||
15 | backhaul facilities, coaxial or fiber optic cable that is | ||||||
16 | between wireless support structures or utility poles or | ||||||
17 | coaxial, or fiber optic cable that is otherwise not immediately | ||||||
18 | adjacent to or directly associated with an antenna.
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19 | "Wireless infrastructure provider" means any person | ||||||
20 | authorized to provide telecommunications service in the State | ||||||
21 | that builds or installs wireless communication transmission | ||||||
22 | equipment, wireless facilities, wireless support structures, | ||||||
23 | or utility poles and that is not a wireless services provider | ||||||
24 | but is acting as an agent or a contractor for a wireless | ||||||
25 | services provider for the application submitted to the | ||||||
26 | authority. |
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1 | "Wireless provider" means a wireless infrastructure | ||||||
2 | provider or a wireless services provider. | ||||||
3 | "Wireless services" means any services provided to the | ||||||
4 | general public, including a particular class of customers, and | ||||||
5 | made available on a nondiscriminatory basis using licensed or | ||||||
6 | unlicensed spectrum, whether at a fixed location or mobile, | ||||||
7 | provided using wireless facilities.
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8 | "Wireless services provider" means a person who provides | ||||||
9 | wireless services. | ||||||
10 | "Wireless support structure" means a freestanding | ||||||
11 | structure, such as a monopole; tower, either guyed or | ||||||
12 | self-supporting; billboard; or other existing or proposed | ||||||
13 | structure designed to support or capable of supporting wireless | ||||||
14 | facilities. "Wireless support structure" does not include a | ||||||
15 | utility pole. | ||||||
16 | Section 15. Regulation of small wireless facilities. | ||||||
17 | (a) This Section applies to activities of a wireless | ||||||
18 | provider within or outside rights-of-way. | ||||||
19 | (b) Except as provided in this Section, an authority may | ||||||
20 | not prohibit, regulate, or charge for the collocation of small | ||||||
21 | wireless facilities. | ||||||
22 | (c) Small wireless facilities shall be classified as | ||||||
23 | permitted uses and subject to administrative review in | ||||||
24 | conformance with this Act, except as provided in paragraph (5) | ||||||
25 | of subsection (d) of this Section regarding height exceptions |
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1 | or variances, but not subject to zoning review or approval if | ||||||
2 | they are collocated (i) in rights-of-way in any zone, or (ii) | ||||||
3 | outside rights-of-way in property zoned exclusively for | ||||||
4 | commercial or industrial use. | ||||||
5 | (d) An authority may require an applicant to obtain one or | ||||||
6 | more permits to collocate a small wireless facility. An | ||||||
7 | authority shall receive applications for, process, and issue | ||||||
8 | permits subject to the following requirements: | ||||||
9 | (1) An authority may not directly or indirectly require | ||||||
10 | an applicant to perform services unrelated to the | ||||||
11 | collocation for which approval is sought, such as in-kind | ||||||
12 | contributions to the authority, including reserving fiber, | ||||||
13 | conduit, or utility pole space for the authority on the | ||||||
14 | wireless provider's utility pole. An authority may reserve | ||||||
15 | space on authority utility poles for future public safety | ||||||
16 | uses or for the authority's electric utility uses, but a | ||||||
17 | reservation of space may not preclude the collocation of a | ||||||
18 | small wireless facility unless the authority reasonably | ||||||
19 | determines that the authority utility pole cannot | ||||||
20 | accommodate both uses. | ||||||
21 | (2) An applicant shall not be required to provide more | ||||||
22 | information to obtain a permit than the authority requires | ||||||
23 | of a communications service provider that is not a wireless | ||||||
24 | provider that requests to attach facilities to a structure; | ||||||
25 | however, a wireless provider may be required to provide the | ||||||
26 | following information when seeking a permit to collocate |
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1 | small wireless facilities on a utility pole or wireless | ||||||
2 | support structure: | ||||||
3 | (A) site specific structural integrity and, for an | ||||||
4 | authority utility pole, make-ready analysis prepared | ||||||
5 | by a structural engineer, as that term is defined in | ||||||
6 | Section 4 of the Structural Engineering Practice Act of | ||||||
7 | 1989; | ||||||
8 | (B) the location where each proposed small | ||||||
9 | wireless facility or utility pole would be installed | ||||||
10 | and photographs of the location and its immediate | ||||||
11 | surroundings depicting the utility poles or structures | ||||||
12 | on which each proposed small wireless facility would be | ||||||
13 | mounted or location where utility poles or structures | ||||||
14 | would be installed; | ||||||
15 | (C) specifications and drawings prepared by a | ||||||
16 | structural engineer, as that term is defined in Section | ||||||
17 | 4 of the Structural Engineering Practice Act of 1989, | ||||||
18 | for each proposed small wireless facility covered by | ||||||
19 | the application as it is proposed to be installed; | ||||||
20 | (D) the equipment type and model numbers for the | ||||||
21 | antennas and all other wireless equipment associated | ||||||
22 | with the small wireless facility; | ||||||
23 | (E) a proposed schedule for the installation and | ||||||
24 | completion of each small wireless facility covered by | ||||||
25 | the application, if approved; and | ||||||
26 | (F) certification that the collocation complies |
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1 | with paragraph (6) to the best of the applicant's | ||||||
2 | knowledge. | ||||||
3 | (3) Subject to paragraph (6), an authority may not | ||||||
4 | require the placement of small wireless facilities on any | ||||||
5 | specific utility pole, or category of utility poles, or | ||||||
6 | require multiple antenna systems on a single utility pole; | ||||||
7 | however, with respect to an application for the collocation | ||||||
8 | of a small wireless facility associated with a new utility | ||||||
9 | pole, an authority may propose that the small wireless | ||||||
10 | facility be collocated on an existing utility pole or | ||||||
11 | existing wireless support structure within 100 feet of the | ||||||
12 | proposed collocation, which the applicant shall accept if | ||||||
13 | it has the right to use the alternate structure on | ||||||
14 | reasonable terms and conditions and the alternate location | ||||||
15 | and structure does not impose technical limits or | ||||||
16 | additional material costs as determined by the applicant. | ||||||
17 | The authority may require the applicant to provide a | ||||||
18 | written certification describing the property rights, | ||||||
19 | technical limits or material cost reasons the alternate | ||||||
20 | location does not satisfy the criteria in this paragraph | ||||||
21 | (3). | ||||||
22 | (4) Subject to paragraph (6), an authority may not | ||||||
23 | limit the placement of small wireless facilities mounted on | ||||||
24 | a utility pole or a wireless support structure by minimum | ||||||
25 | horizontal separation distances. | ||||||
26 | (5) An authority may limit the maximum height of a |
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1 | small wireless facility to 10 feet above the utility pole | ||||||
2 | or wireless support structure on which the small wireless | ||||||
3 | facility is collocated. Subject to any applicable waiver, | ||||||
4 | zoning, or other process that addresses wireless provider | ||||||
5 | requests for an exception or variance and does not prohibit | ||||||
6 | granting of such exceptions or variances, the authority may | ||||||
7 | limit the height of new or replacement utility poles or | ||||||
8 | wireless support structures on which small wireless | ||||||
9 | facilities are collocated to the higher of: (i) 10 feet in | ||||||
10 | height above the tallest existing utility pole, other than | ||||||
11 | a utility pole supporting only wireless facilities, that is | ||||||
12 | in place on the date the application is submitted to the | ||||||
13 | authority, that is located within 300 feet of the new or | ||||||
14 | replacement utility pole or wireless support structure and | ||||||
15 | that is in the same right-of-way within the jurisdictional | ||||||
16 | boundary of the authority, provided the authority may | ||||||
17 | designate which intersecting right-of-way within 300 feet | ||||||
18 | of the proposed
utility pole or wireless support structures | ||||||
19 | shall control the height limitation for such facility; or | ||||||
20 | (ii) 45 feet above ground level. | ||||||
21 | (6) An authority may require that: | ||||||
22 | (A) the wireless provider's operation of the small | ||||||
23 | wireless facilities does not interfere with the | ||||||
24 | frequencies used by a public safety agency for public | ||||||
25 | safety communications; a wireless provider shall | ||||||
26 | install small wireless facilities of the type and |
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1 | frequency that will not cause unacceptable | ||||||
2 | interference with a public safety agency's | ||||||
3 | communications equipment; unacceptable interference | ||||||
4 | will be determined by and measured in accordance with | ||||||
5 | industry standards and the FCC's regulations | ||||||
6 | addressing unacceptable interference to public safety | ||||||
7 | spectrum or any other spectrum licensed by a public | ||||||
8 | safety agency; if a small wireless facility causes such | ||||||
9 | interference, and the wireless provider has been given | ||||||
10 | written notice of the interference by the public safety | ||||||
11 | agency, the wireless provider, at its own expense, | ||||||
12 | shall take all reasonable steps necessary to correct | ||||||
13 | and eliminate the interference, including, but not | ||||||
14 | limited to, powering down the small wireless facility | ||||||
15 | and later powering up the small wireless facility for | ||||||
16 | intermittent testing, if necessary; the authority may | ||||||
17 | terminate a permit for a small wireless facility based | ||||||
18 | on such interference if the wireless provider is not | ||||||
19 | making a good faith effort to remedy the problem in a | ||||||
20 | manner consistent with the abatement and resolution | ||||||
21 | procedures for interference with public safety | ||||||
22 | spectrum established by the FCC including 47 CFR 22.970 | ||||||
23 | through 47 CFR 22.973 and 47 CFR 90.672 through 47 CFR | ||||||
24 | 90.675; | ||||||
25 | (B) the wireless provider comply with requirements | ||||||
26 | that are imposed by a contract between an authority and |
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1 | a private property owner that concern design or | ||||||
2 | construction standards applicable to utility poles and | ||||||
3 | ground-mounted equipment located in the right-of-way; | ||||||
4 | (C) the wireless provider comply with applicable | ||||||
5 | spacing requirements in applicable codes and | ||||||
6 | ordinances concerning the location of ground-mounted | ||||||
7 | equipment located in the right-of-way if the | ||||||
8 | requirements include a waiver, zoning, or other | ||||||
9 | process that addresses wireless provider requests for | ||||||
10 | exception or variance and do not prohibit granting of | ||||||
11 | such exceptions or variances; | ||||||
12 | (D) the wireless provider comply with local code | ||||||
13 | provisions or regulations concerning undergrounding | ||||||
14 | requirements that prohibit the installation of new or | ||||||
15 | the modification of existing utility poles in a | ||||||
16 | right-of-way without prior approval if the | ||||||
17 | requirements include a waiver, zoning, or other | ||||||
18 | process that addresses requests to install such new | ||||||
19 | utility poles or modify such existing utility poles and | ||||||
20 | do not prohibit the replacement of utility poles; | ||||||
21 | (E) the wireless provider comply with generally | ||||||
22 | applicable standards that are consistent with this Act | ||||||
23 | and adopted by an authority for construction and public | ||||||
24 | safety in the rights-of-way, including, but not | ||||||
25 | limited to, reasonable and nondiscriminatory wiring | ||||||
26 | and cabling requirements, grounding requirements, |
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1 | utility pole extension requirements, and signage | ||||||
2 | limitations; and shall comply with reasonable and | ||||||
3 | nondiscriminatory requirements that are consistent | ||||||
4 | with this Act and adopted by an authority regulating | ||||||
5 | the location, size, surface area and height of small | ||||||
6 | wireless facilities, or the abandonment and removal of | ||||||
7 | small wireless facilities; | ||||||
8 | (F) the wireless provider not collocate small | ||||||
9 | wireless facilities on authority utility poles that | ||||||
10 | are part of an electric distribution or transmission | ||||||
11 | system within the communication worker safety zone of | ||||||
12 | the pole or the electric supply zone of the pole; | ||||||
13 | however, the antenna and support equipment of the small | ||||||
14 | wireless facility may be located in the communications | ||||||
15 | space on the authority utility pole and on the top of | ||||||
16 | the pole, if not otherwise unavailable, if the wireless | ||||||
17 | provider complies with applicable codes for work | ||||||
18 | involving the top of the pole; for purposes of this | ||||||
19 | subparagraph (F), the terms "communications space", | ||||||
20 | "communication worker safety zone", and "electric | ||||||
21 | supply zone" have the meanings given to those terms in | ||||||
22 | the National Electric Safety Code as published by the | ||||||
23 | Institute of Electrical and Electronics Engineers; | ||||||
24 | (G) the wireless provider comply with the | ||||||
25 | applicable codes and local code provisions or | ||||||
26 | regulations that concern public safety;
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1 | (H) the wireless provider comply with written | ||||||
2 | design standards that are generally applicable for | ||||||
3 | decorative utility poles, or reasonable stealth, | ||||||
4 | concealment, and aesthetic requirements that are | ||||||
5 | identified by the authority in an ordinance, written | ||||||
6 | policy adopted by the governing board of the authority, | ||||||
7 | a comprehensive plan, or other written design plan that | ||||||
8 | applies to other occupiers of the rights-of-way, | ||||||
9 | including on a historic landmark or in a historic | ||||||
10 | district; and
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11 | (I) subject to subsection (c) of this Section, and | ||||||
12 | except for facilities excluded from evaluation for | ||||||
13 | effects on historic properties
under 47 CFR | ||||||
14 | 1.1307(a)(4), reasonable, technically feasible and | ||||||
15 | non-discriminatory design or concealment measures in a | ||||||
16 | historic district or historic landmark; any such | ||||||
17 | design or concealment measures, including restrictions | ||||||
18 | on a specific category of poles, may not have the | ||||||
19 | effect of prohibiting any provider's technology; such | ||||||
20 | design and concealment measures shall not be | ||||||
21 | considered a part of the small wireless facility for | ||||||
22 | purposes of the size restrictions of a small wireless | ||||||
23 | facility; this paragraph may not be construed to limit | ||||||
24 | an authority's enforcement of historic preservation in | ||||||
25 | conformance with the requirements adopted pursuant to | ||||||
26 | the Illinois State Agency Historic Resources |
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1 | Preservation Act or the National Historic Preservation | ||||||
2 | Act of 1966, 54 U.S.C. Section 300101 et seq., and the | ||||||
3 | regulations adopted to implement those laws.
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4 | (7) Within 30 days after receiving an application, an | ||||||
5 | authority must determine whether the application is | ||||||
6 | complete and notify the applicant. If an application is | ||||||
7 | incomplete, an authority must specifically identify the | ||||||
8 | missing information. An application shall be deemed | ||||||
9 | complete if the authority fails to provide notification to | ||||||
10 | the applicant within 30 days after when all documents, | ||||||
11 | information, and fees specifically enumerated in the | ||||||
12 | authority's permit application form are submitted by the | ||||||
13 | applicant to the authority. Processing deadlines are | ||||||
14 | tolled from the time the authority sends the notice of | ||||||
15 | incompleteness to the time the applicant provides the | ||||||
16 | missing information. | ||||||
17 | (8) An authority shall process applications as | ||||||
18 | follows: | ||||||
19 | (A) an application to collocate a small wireless | ||||||
20 | facility on an existing utility pole or wireless | ||||||
21 | support structure shall be processed on a | ||||||
22 | nondiscriminatory basis and deemed approved if the | ||||||
23 | authority fails to approve or deny the application | ||||||
24 | within 90 days; however, if an applicant intends to | ||||||
25 | proceed with the permitted activity on a deemed | ||||||
26 | approved basis, the applicant must notify the |
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1 | authority in writing of its intention to invoke the | ||||||
2 | deemed approved remedy no sooner than 75 days after the | ||||||
3 | submission of a completed application; the permit | ||||||
4 | shall be deemed approved on the latter of the 90th day | ||||||
5 | after submission of the complete application or the | ||||||
6 | 10th day after the receipt of the deemed approved | ||||||
7 | notice by the authority; the receipt of the deemed | ||||||
8 | approved notice shall not preclude the authority's | ||||||
9 | denial of the permit request within the time limits as | ||||||
10 | provided under this Act; and | ||||||
11 | (B) an application to collocate a small wireless | ||||||
12 | facility that includes the installation of a new | ||||||
13 | utility pole shall be processed on a nondiscriminatory | ||||||
14 | basis and deemed approved if the authority fails to | ||||||
15 | approve or deny the application within 120 days; | ||||||
16 | however, if an applicant intends to proceed with the | ||||||
17 | permitted activity on a deemed approved basis, the | ||||||
18 | applicant must notify the authority in writing of its | ||||||
19 | intention to invoke the deemed approved remedy no | ||||||
20 | sooner than 105 days after the submission of a | ||||||
21 | completed application; the permit shall be deemed | ||||||
22 | approved on the latter of the 120th day after | ||||||
23 | submission of the complete application or the 10th day | ||||||
24 | after the receipt of the deemed approved notice by the | ||||||
25 | authority; the receipt of the deemed approved notice | ||||||
26 | shall not preclude the authority's denial of the permit |
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1 | request within the time limits as provided under this | ||||||
2 | Act. | ||||||
3 | (9) An authority shall approve an application unless | ||||||
4 | the application does not meet the requirements of this Act. | ||||||
5 | If an authority determines that applicable codes, local | ||||||
6 | code provisions or regulations that concern public safety, | ||||||
7 | or the requirements of paragraph (6) require that the | ||||||
8 | utility pole or wireless support structure be replaced | ||||||
9 | before the requested collocation, approval may be | ||||||
10 | conditioned on the replacement of the utility pole or | ||||||
11 | wireless support structure at the cost of the provider. The | ||||||
12 | authority must document the basis for a denial, including | ||||||
13 | the specific code provisions or application conditions on | ||||||
14 | which the denial was based, and send the documentation to | ||||||
15 | the applicant on or before the day the authority denies an | ||||||
16 | application. The applicant may cure the deficiencies | ||||||
17 | identified by the authority and resubmit the revised | ||||||
18 | application once within 30 days after notice of denial is | ||||||
19 | sent to the applicant without paying an additional | ||||||
20 | application fee. The authority shall approve or deny the | ||||||
21 | revised application within 30 days after the applicant | ||||||
22 | resubmits the application or it is deemed approved; | ||||||
23 | however, the applicant must notify the authority in writing | ||||||
24 | of its intention to proceed with the permitted activity on | ||||||
25 | a deemed approved basis, which may be submitted with the | ||||||
26 | resubmitted application. Any subsequent review shall be |
| |||||||
| |||||||
1 | limited to the deficiencies cited in the denial. However, | ||||||
2 | this revised application cure does not apply if the cure | ||||||
3 | requires the review of a new location, new or different | ||||||
4 | structure to be collocated upon, new antennas, or other | ||||||
5 | wireless equipment associated with the small wireless | ||||||
6 | facility. | ||||||
7 | (10) The time period for applications may be further | ||||||
8 | tolled by: | ||||||
9 | (A) the express agreement in writing by both the | ||||||
10 | applicant and the authority; or | ||||||
11 | (B) a local, State, or federal disaster | ||||||
12 | declaration or similar emergency that causes the | ||||||
13 | delay. | ||||||
14 | (11) An applicant seeking to collocate small wireless | ||||||
15 | facilities within the jurisdiction of a single authority | ||||||
16 | shall be allowed, at the applicant's discretion, to file a | ||||||
17 | consolidated application and receive a single permit for | ||||||
18 | the collocation of up to 25 small wireless facilities if | ||||||
19 | the collocations each involve substantially the same type | ||||||
20 | of small wireless facility and substantially the same type | ||||||
21 | of structure. If an application includes multiple small | ||||||
22 | wireless facilities, the authority may remove small | ||||||
23 | wireless facility collocations from the application and | ||||||
24 | treat separately small wireless facility collocations for | ||||||
25 | which incomplete information has been provided or that do | ||||||
26 | not qualify for consolidated treatment or that are denied. |
| |||||||
| |||||||
1 | The authority may issue separate permits for each | ||||||
2 | collocation that is approved in a consolidated | ||||||
3 | application. | ||||||
4 | (12) Collocation for which a permit is granted shall be | ||||||
5 | completed within 180 days after issuance of the permit, | ||||||
6 | unless the authority and the wireless provider agree to | ||||||
7 | extend this period or a delay is caused by make-ready work | ||||||
8 | for an authority utility pole or by the lack of commercial | ||||||
9 | power or backhaul availability at the site, provided the | ||||||
10 | wireless provider has made a timely request within 60 days | ||||||
11 | after the issuance of the permit for commercial power or | ||||||
12 | backhaul services, and the additional time to complete | ||||||
13 | installation does not exceed 360 days after issuance of the | ||||||
14 | permit. Otherwise, the permit shall be void unless the | ||||||
15 | authority grants an extension in writing to the applicant. | ||||||
16 | (13) The duration of a permit shall be for a period of | ||||||
17 | not less than 5 years, and the permit shall be renewed for | ||||||
18 | equivalent durations unless the authority makes a finding | ||||||
19 | that the small wireless facilities or the new or modified | ||||||
20 | utility pole do not comply with the applicable codes or | ||||||
21 | local code provisions or regulations in paragraphs (6) and | ||||||
22 | (9). If this Act is repealed as provided in Section 90, | ||||||
23 | renewals of permits shall be subject to the applicable | ||||||
24 | authority code provisions or regulations in effect at the | ||||||
25 | time of renewal. | ||||||
26 | (14) An authority may not prohibit, either expressly or |
| |||||||
| |||||||
1 | de facto, the (i) filing, receiving, or processing | ||||||
2 | applications, or (ii) issuing of permits or other | ||||||
3 | approvals, if any, for the collocation of small wireless | ||||||
4 | facilities unless there has been a local, State, or federal | ||||||
5 | disaster declaration or similar emergency that causes the | ||||||
6 | delay. | ||||||
7 | (15) Applicants shall submit applications, supporting | ||||||
8 | information, and notices by personal delivery or as | ||||||
9 | otherwise required by the authority. An authority may | ||||||
10 | require that permits, supporting information, and notices | ||||||
11 | be submitted by personal delivery at the authority's | ||||||
12 | designated place of business, by regular mail postmarked on | ||||||
13 | the date due, or by any other commonly used means, | ||||||
14 | including electronic mail, as required by the authority. | ||||||
15 | (e) Application fees are subject to the following | ||||||
16 | requirements: | ||||||
17 | (1) An authority may charge an application fee of up to | ||||||
18 | $650 for an application to collocate a single small | ||||||
19 | wireless facility on an existing utility pole or wireless | ||||||
20 | support structure and up to $350 for each small wireless | ||||||
21 | facility addressed in an application to collocate more than | ||||||
22 | one small wireless facility on existing utility poles or | ||||||
23 | wireless support structures. | ||||||
24 | (2) An authority may charge an application fee of | ||||||
25 | $1,000 for each small wireless facility addressed in an | ||||||
26 | application that includes the installation of a new utility |
| |||||||
| |||||||
1 | for such collocation. | ||||||
2 | (3) Notwithstanding any contrary provision of State | ||||||
3 | law or local ordinance, applications pursuant to this | ||||||
4 | Section must be accompanied by the required application | ||||||
5 | fee.
| ||||||
6 | (4) Within 2 months after the effective date of this | ||||||
7 | Act, an authority shall make available application fees | ||||||
8 | consistent with this subsection, through ordinance, or in a | ||||||
9 | written schedule of permit fees adopted by the authority.
| ||||||
10 | (f) An authority shall not require an application, | ||||||
11 | approval, or permit, or require any fees or other charges, from | ||||||
12 | a communications service provider authorized to occupy the | ||||||
13 | rights-of-way, for: (i) routine maintenance; (ii) the | ||||||
14 | replacement of wireless facilities with wireless facilities | ||||||
15 | that are substantially similar, the same size, or smaller if | ||||||
16 | the wireless provider notifies the authority at least 10 days | ||||||
17 | prior to the planned replacement and includes equipment | ||||||
18 | specifications for the replacement of equipment consistent | ||||||
19 | with the requirements of subparagraph (D) of paragraph (2) of | ||||||
20 | subsection (d) of this Section; or (iii) the installation, | ||||||
21 | placement, maintenance, operation, or replacement of micro | ||||||
22 | wireless facilities that are suspended on cables that are | ||||||
23 | strung between existing utility poles in compliance with | ||||||
24 | applicable safety codes. However, an authority may require a | ||||||
25 | permit to work within rights-of-way for activities that affect | ||||||
26 | traffic patterns or require lane closures. |
| |||||||
| |||||||
1 | (g) Nothing in this Act authorizes a person to collocate | ||||||
2 | small wireless facilities on: (1) property owned by a private | ||||||
3 | party or property owned or controlled by a unit of local | ||||||
4 | government that is not located within rights-of-way, subject to | ||||||
5 | subsection (j) of this Section, or a privately owned utility | ||||||
6 | pole or wireless support structure without the consent of the | ||||||
7 | property owner; (2) property owned, leased, or controlled by a | ||||||
8 | park district, forest preserve district, or conservation | ||||||
9 | district for public park, recreation, or conservation purposes | ||||||
10 | without the consent of the affected district, excluding the | ||||||
11 | placement of facilities on rights-of-way located in an affected | ||||||
12 | district that are under the jurisdiction and control of a | ||||||
13 | different unit of local government as provided by the Illinois | ||||||
14 | Highway Code; or (3) property owned by a rail carrier | ||||||
15 | registered under Section 18c-7201 of the Illinois Vehicle Code, | ||||||
16 | Metra Commuter Rail or any other public commuter rail service, | ||||||
17 | or an electric utility as defined in Section 16-102 of the | ||||||
18 | Public Utilities Act, without the consent of the rail carrier, | ||||||
19 | public commuter rail service, or electric utility. The | ||||||
20 | provisions of this Act do not apply to an electric or gas | ||||||
21 | public utility or such utility's wireless facilities if the | ||||||
22 | facilities are being used, developed, and maintained | ||||||
23 | consistent with the provisions of subsection (i) of Section | ||||||
24 | 16-108.5 of the Public Utilities Act. | ||||||
25 | For the purposes of this subsection, "public utility" has | ||||||
26 | the meaning given to that term in Section 3-105 of the Public |
| |||||||
| |||||||
1 | Utilities Act. Nothing in this Act shall be construed to | ||||||
2 | relieve any person from any requirement (1) to obtain a | ||||||
3 | franchise or a State-issued authorization to offer cable | ||||||
4 | service or video service or (2) to obtain any required | ||||||
5 | permission to install, place, maintain, or operate | ||||||
6 | communications facilities, other than small wireless | ||||||
7 | facilities subject to this Act. | ||||||
8 | (h) Agreements between authorities and wireless providers | ||||||
9 | that relate to the collocation of small wireless facilities in | ||||||
10 | the right-of-way, including the collocation of small wireless | ||||||
11 | facilities on authority utility poles, that are in effect on | ||||||
12 | the effective date of this Act remain in effect for all small | ||||||
13 | wireless facilities collocated on the authority's utility | ||||||
14 | poles pursuant to applications submitted to the authority | ||||||
15 | before the effective date of this Act, subject to applicable | ||||||
16 | termination provisions. Such agreements entered into after the | ||||||
17 | effective date of the Act shall comply with the Act. | ||||||
18 | (i) An authority shall allow the collocation of small | ||||||
19 | wireless facilities on authority utility poles subject to the | ||||||
20 | following: | ||||||
21 | (1) An authority may not enter into an exclusive | ||||||
22 | arrangement with any person for the right to attach small | ||||||
23 | wireless facilities to authority utility poles. | ||||||
24 | (2) The rates and fees for collocations on authority | ||||||
25 | utility poles shall be nondiscriminatory regardless of the | ||||||
26 | services provided by the collocating person. |
| |||||||
| |||||||
1 | (3) An authority may charge an annual recurring rate to | ||||||
2 | collocate a small wireless facility on an authority utility | ||||||
3 | pole located in a right-of-way that equals (i) $200 per | ||||||
4 | year or (ii) the actual, direct, and reasonable costs | ||||||
5 | related to the wireless provider's use of space on the | ||||||
6 | authority utility pole. Rates for collocation on authority | ||||||
7 | utility poles located outside of a right-of-way are not | ||||||
8 | subject to these limitations. In any controversy | ||||||
9 | concerning the appropriateness of a cost-based rate for an | ||||||
10 | authority utility pole located within a right-of-way, the | ||||||
11 | authority shall have the burden of proving that the rate | ||||||
12 | does not exceed the actual, direct, and reasonable costs | ||||||
13 | for the applicant's proposed use of the authority utility | ||||||
14 | pole. Nothing in this paragraph (3) prohibits a wireless | ||||||
15 | provider and an authority from mutually agreeing to an | ||||||
16 | annual recurring rate of less than $200 to collocate a | ||||||
17 | small wireless facility on an authority utility pole. | ||||||
18 | (4) Authorities or other persons owning or controlling | ||||||
19 | authority utility poles within the right-of-way shall | ||||||
20 | offer rates, fees, and other terms that comply with | ||||||
21 | subparagraphs (A) through (E) of this paragraph (4). Within | ||||||
22 | 2 months after the effective date of this Act, an authority | ||||||
23 | or a person owning or controlling authority utility poles | ||||||
24 | shall make available, through ordinance or an authority | ||||||
25 | utility pole attachment agreement, license or other | ||||||
26 | agreement that makes available to wireless providers, the |
| |||||||
| |||||||
1 | rates, fees, and terms for the collocation of small | ||||||
2 | wireless facilities on authority utility poles that comply | ||||||
3 | with this Act and with subparagraphs (A) through (E) of | ||||||
4 | this paragraph (4). In the absence of such an ordinance or | ||||||
5 | agreement that complies with this Act, and until such a | ||||||
6 | compliant ordinance or agreement is adopted, wireless | ||||||
7 | providers may collocate small wireless facilities and | ||||||
8 | install utility poles under the requirements of this Act. | ||||||
9 | (A) The rates, fees, and terms must be | ||||||
10 | nondiscriminatory, competitively neutral, and | ||||||
11 | commercially reasonable, and may address, among other | ||||||
12 | requirements, the requirements in subparagraphs (A) | ||||||
13 | through (I) of paragraph (6) of subsection (d) of this | ||||||
14 | Section; subsections (e), (i), and (k) of this Section; | ||||||
15 | Section 30; and Section 35, and must comply with this | ||||||
16 | Act. | ||||||
17 | (B) For authority utility poles that support | ||||||
18 | aerial facilities used to provide communications | ||||||
19 | services or electric service, wireless providers shall | ||||||
20 | comply with the process for make-ready work under 47 | ||||||
21 | U.S.C. 224 and its implementing regulations, and the | ||||||
22 | authority shall follow a substantially similar process | ||||||
23 | for make-ready work except to the extent that the | ||||||
24 | timing requirements are otherwise addressed in this | ||||||
25 | Act. The good-faith estimate of the person owning or | ||||||
26 | controlling the authority utility pole for any |
| |||||||
| |||||||
1 | make-ready work necessary to enable the pole to support | ||||||
2 | the requested collocation shall include authority | ||||||
3 | utility pole replacement, if necessary. | ||||||
4 | (C) For authority utility poles that do not support | ||||||
5 | aerial facilities used to provide communications | ||||||
6 | services or electric service, the authority shall | ||||||
7 | provide a good-faith estimate for any make-ready work | ||||||
8 | necessary to enable the authority utility pole to | ||||||
9 | support the requested collocation, including pole | ||||||
10 | replacement, if necessary, within 90 days after | ||||||
11 | receipt of a complete application. Make-ready work, | ||||||
12 | including any authority utility pole replacement, | ||||||
13 | shall be completed within 60 days of written acceptance | ||||||
14 | of the good-faith estimate by the applicant at the | ||||||
15 | wireless provider's sole cost and expense. | ||||||
16 | Alternatively, if the authority determines that | ||||||
17 | applicable codes or public safety regulations require | ||||||
18 | the authority utility pole to be replaced to support | ||||||
19 | the requested collocation, the authority may require | ||||||
20 | the wireless provider to replace the authority utility | ||||||
21 | pole at the wireless provider's sole cost and expense. | ||||||
22 | (D) The authority shall not require more | ||||||
23 | make-ready work than required to meet applicable codes | ||||||
24 | or industry standards. Make-ready work may include | ||||||
25 | work needed to accommodate additional public safety | ||||||
26 | communications needs that are identified in a |
| |||||||
| |||||||
1 | documented and approved plan for the deployment of | ||||||
2 | public safety equipment as specified in paragraph (1) | ||||||
3 | of subsection (d) of this Section and included in an | ||||||
4 | existing or preliminary authority or public service | ||||||
5 | agency budget for attachment within one year of the | ||||||
6 | application. Fees for make-ready work, including any | ||||||
7 | authority utility pole replacement, shall not exceed | ||||||
8 | actual costs or the amount charged to communications | ||||||
9 | service providers for similar work and shall not | ||||||
10 | include any consultants' fees or expenses for | ||||||
11 | authority utility poles that do not support aerial | ||||||
12 | facilities used to provide communications services or | ||||||
13 | electric service. Make-ready work, including any pole | ||||||
14 | replacement, shall be completed within 60 days of | ||||||
15 | written acceptance of the good-faith estimate by the | ||||||
16 | wireless provider, at its sole cost and expense. | ||||||
17 | (E) A wireless provider that has an existing | ||||||
18 | agreement with the authority on the effective date of | ||||||
19 | the Act may accept the rates, fees, and terms that an | ||||||
20 | authority makes available under this Act for the | ||||||
21 | collocation of small wireless facilities or the | ||||||
22 | installation of new utility poles for the collocation | ||||||
23 | of small wireless facilities that are the subject of an | ||||||
24 | application submitted 2 or more years after the | ||||||
25 | effective date of the Act as provided in this paragraph | ||||||
26 | (4) by notifying the authority that it opts to accept |
| |||||||
| |||||||
1 | such rates, fees, and terms. The existing agreement | ||||||
2 | remains in effect, subject to applicable termination | ||||||
3 | provisions, for the small wireless facilities the | ||||||
4 | wireless provider has collocated on the authority's | ||||||
5 | utility poles pursuant to applications submitted to | ||||||
6 | the authority before the wireless provider provides | ||||||
7 | such notice and exercises its option under this | ||||||
8 | subparagraph. | ||||||
9 | (j) An authority shall authorize the collocation of small | ||||||
10 | wireless facilities on utility poles owned or controlled by the | ||||||
11 | authority that are not located within rights-of-way to the same | ||||||
12 | extent the authority currently permits access to utility poles | ||||||
13 | for other commercial projects or uses. The collocations shall | ||||||
14 | be subject to reasonable and nondiscriminatory rates, fees, and | ||||||
15 | terms as provided in an agreement between the authority and the | ||||||
16 | wireless provider. | ||||||
17 | (k) Nothing in this Section precludes an authority from | ||||||
18 | adopting reasonable rules with respect to the removal of | ||||||
19 | abandoned small wireless facilities. A small wireless facility | ||||||
20 | that is not operated for a continuous period of 12 months shall | ||||||
21 | be considered abandoned and the owner of the facility must | ||||||
22 | remove the small wireless facility within 90 days after receipt | ||||||
23 | of written notice from the authority notifying the owner of the | ||||||
24 | abandonment. The notice shall be sent by certified or | ||||||
25 | registered mail, return receipt requested, by the authority to | ||||||
26 | the owner at the last known address of the owner. If the small |
| |||||||
| |||||||
1 | wireless facility is not removed within 90 days of such notice, | ||||||
2 | the authority may remove or cause the removal of the such | ||||||
3 | facility pursuant to the terms of its pole attachment agreement | ||||||
4 | for authority utility poles or through whatever actions are | ||||||
5 | provided for abatement of nuisances or by other law for removal | ||||||
6 | and cost recovery. An authority may require a wireless provider | ||||||
7 | to provide written notice to the authority if it sells or | ||||||
8 | transfers small wireless facilities subject to this Act within | ||||||
9 | the jurisdictional boundary of the authority. Such notice shall | ||||||
10 | include the name and contact information of the new wireless | ||||||
11 | provider. | ||||||
12 | (l) Nothing in this Section requires an authority to | ||||||
13 | install or maintain any specific utility pole or to continue to | ||||||
14 | install or maintain utility poles in any location if the | ||||||
15 | authority makes a non-discriminatory decision to eliminate | ||||||
16 | above-ground utility poles of a particular type generally, such | ||||||
17 | as electric utility poles, in all or a significant portion of | ||||||
18 | its geographic jurisdiction. For authority utility poles with | ||||||
19 | collocated small wireless facilities in place when an authority | ||||||
20 | makes a decision to eliminate above-ground utility poles of a | ||||||
21 | particular type generally, the authority shall either (i) | ||||||
22 | continue to maintain the authority utility pole or install and | ||||||
23 | maintain a reasonable alternative utility pole or wireless | ||||||
24 | support structure for the collocation of the small wireless | ||||||
25 | facility, or (ii) offer to sell the utility pole to the | ||||||
26 | wireless provider at a reasonable cost or allow the wireless |
| |||||||
| |||||||
1 | provider to install its own utility pole so it can maintain | ||||||
2 | service from that location. | ||||||
3 | Section 20. Local authority. Subject to this Act and | ||||||
4 | applicable federal law, an authority may continue to exercise | ||||||
5 | zoning, land use, planning, and permitting authority within its | ||||||
6 | territorial boundaries, including with respect to wireless | ||||||
7 | support structures and utility poles; except that no authority | ||||||
8 | shall have or exercise any jurisdiction or authority over the | ||||||
9 | design, engineering, construction, installation, or operation | ||||||
10 | of any small wireless facility located in an interior structure | ||||||
11 | or upon the site of any campus, stadium, or athletic facility | ||||||
12 | not otherwise owned or controlled by the authority, other than | ||||||
13 | to comply with applicable codes and local code provisions | ||||||
14 | concerning public safety. Nothing in this Act authorizes the | ||||||
15 | State or any political subdivision, including an authority, to | ||||||
16 | require wireless facility deployment or to regulate wireless | ||||||
17 | services. | ||||||
18 | Section 25. Dispute resolution. A circuit court has | ||||||
19 | jurisdiction to resolve all disputes arising under this Act. | ||||||
20 | Pending resolution of a dispute concerning rates for | ||||||
21 | collocation of small wireless facilities on authority utility | ||||||
22 | poles within the right-of-way, the authority shall allow the | ||||||
23 | collocating person to collocate on its poles at annual rates of | ||||||
24 | no more than $200 per year per authority utility pole, with |
| |||||||
| |||||||
1 | rates to be determined upon final resolution of the dispute. | ||||||
2 | Section 30. Indemnification. A wireless provider shall | ||||||
3 | indemnify and hold an authority harmless against any and all | ||||||
4 | liability or loss from personal injury or property damage | ||||||
5 | resulting from or arising out of, in whole or in part, the use | ||||||
6 | or occupancy of the authority improvements or right-of-way | ||||||
7 | associated with such improvements by the wireless provider or | ||||||
8 | its employees, agents, or contractors arising out of the rights | ||||||
9 | and privileges granted under this Act. A wireless provider has | ||||||
10 | no obligation to indemnify or hold harmless against any | ||||||
11 | liabilities and losses as may be due to or caused by the sole | ||||||
12 | negligence of the authority or its employees or agents. A | ||||||
13 | wireless provider shall further waive any claims that they may | ||||||
14 | have against an authority with respect to consequential, | ||||||
15 | incidental, or special damages, however caused, based on the | ||||||
16 | theory of liability.
| ||||||
17 | Section 35. Insurance. | ||||||
18 | (a) Except for a wireless provider with an existing | ||||||
19 | franchise to occupy and operate in the rights-of-way, during | ||||||
20 | the period in which the wireless provider's facilities are | ||||||
21 | located on the authority improvements or rights-of-way, the | ||||||
22 | authority may require the wireless provider to carry, at the | ||||||
23 | wireless provider's own cost and expense, the following | ||||||
24 | insurance: (i) property insurance for its property's |
| |||||||
| |||||||
1 | replacement cost against all risks; (ii) workers' compensation | ||||||
2 | insurance, as required by law; or (iii) commercial general | ||||||
3 | liability insurance with respect to its activities on the | ||||||
4 | authority improvements or rights-of-way to afford minimum | ||||||
5 | protection limits consistent with its requirements of other | ||||||
6 | users of authority improvements or rights-of-way, including | ||||||
7 | coverage for bodily injury and property damage. An authority | ||||||
8 | may require a wireless provider to include the authority as an | ||||||
9 | additional insured on the commercial general liability policy | ||||||
10 | and provide certification and documentation of inclusion of the | ||||||
11 | authority in a commercial general liability policy as | ||||||
12 | reasonably required by the authority. | ||||||
13 | (b) A wireless provider may self-insure all or a portion of | ||||||
14 | the insurance coverage and limit requirements required by an | ||||||
15 | authority. A wireless provider that self-insures is not | ||||||
16 | required, to the extent of the self-insurance, to comply with | ||||||
17 | the requirement for the naming of additional insureds under | ||||||
18 | this Section. A wireless provider that elects to self-insure | ||||||
19 | shall provide to the authority evidence sufficient to | ||||||
20 | demonstrate its financial ability to self-insure the insurance | ||||||
21 | coverage and limits required by the authority.
| ||||||
22 | Section 40. Home rule. A home rule unit may not regulate | ||||||
23 | small wireless facilities in a manner inconsistent with this | ||||||
24 | Act. This Section is a limitation under subsection (i) of | ||||||
25 | Section 6 of Article VII of the Illinois Constitution on the |
| |||||||
| |||||||
1 | concurrent exercise by home rule units of powers and functions | ||||||
2 | exercised by the State.
| ||||||
3 | Section 90. Repeal. This Act is repealed on June 1, 2021. | ||||||
4 | Section 100. The Counties Code is amended by changing | ||||||
5 | Section 5-12001.2 as follows: | ||||||
6 | (55 ILCS 5/5-12001.2) | ||||||
7 | Sec. 5-12001.2. Regulation of telecommunications | ||||||
8 | facilities; Lake County pilot project. In addition to any other | ||||||
9 | requirements under this Division concerning the regulation of | ||||||
10 | telecommunications facilities and except as provided by the | ||||||
11 | Small Wireless Facilities Deployment Act , the following | ||||||
12 | applies to any new telecommunications facilities in Lake County | ||||||
13 | that are not AM telecommunications towers or facilities: | ||||||
14 | (a) For every new wireless telecommunications facility | ||||||
15 | requiring a new tower structure, a telecommunications | ||||||
16 | carrier shall provide the county with documentation | ||||||
17 | consisting of the proposed location, a site plan, and an | ||||||
18 | elevation that sufficiently describes a proposed wireless | ||||||
19 | facility location. | ||||||
20 | (b) The county shall have 7 days to review the facility | ||||||
21 | proposal and contact the telecommunications carrier in | ||||||
22 | writing via e-mail or other written means as specified by | ||||||
23 | the telecommunications carrier. This written communication |
| |||||||
| |||||||
1 | shall either approve the proposed location or request a | ||||||
2 | meeting to review other possible alternative locations. If | ||||||
3 | requested, the meeting shall take place within 7 days after | ||||||
4 | the date of the written communication. | ||||||
5 | (c) At the meeting, the telecommunications carrier | ||||||
6 | shall provide the county documentation consisting of radio | ||||||
7 | frequency engineering criteria and a corresponding | ||||||
8 | telecommunications facility search ring map, together with | ||||||
9 | documentation of the carrier's efforts to site the proposed | ||||||
10 | facility within the telecommunications facility search | ||||||
11 | ring. | ||||||
12 | (d) Within 21 days after receipt of the carrier's | ||||||
13 | documentation, the county shall propose either an | ||||||
14 | alternative site within the telecommunications facility | ||||||
15 | search ring, or an alternative site outside of the | ||||||
16 | telecommunications search ring that meets the radio | ||||||
17 | frequency engineering criteria provided by the | ||||||
18 | telecommunications carrier and that will not materially | ||||||
19 | increase the construction budget beyond what was estimated | ||||||
20 | on the original carrier proposed site. | ||||||
21 | (e) If the county's proposed alternative site meets the | ||||||
22 | radio frequency engineering criteria provided by the | ||||||
23 | telecommunications carrier, and will not materially | ||||||
24 | increase the construction budget beyond what was estimated | ||||||
25 | on the original carrier proposed site, then the | ||||||
26 | telecommunications carrier shall agree to build the |
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1 | facility at the alternative location, subject to the | ||||||
2 | negotiation of a lease with commercially reasonable terms | ||||||
3 | and the obtainment of the customary building permits. | ||||||
4 | (f) If the telecommunications carrier can demonstrate | ||||||
5 | that: (i) the county's proposed alternative site does not | ||||||
6 | meet the radio frequency engineering criteria, (ii) the | ||||||
7 | county's proposed alternative site will materially | ||||||
8 | increase the construction budget beyond what was estimated | ||||||
9 | on the original carrier proposed site, (iii) the county has | ||||||
10 | failed to provide an alternative site, or (iv) after a | ||||||
11 | period of 90 days after receipt of the alternative site, | ||||||
12 | the telecommunications carrier has failed, after acting in | ||||||
13 | good faith and with due diligence, to obtain a lease or, at | ||||||
14 | a minimum, a letter of intent to lease the alternative site | ||||||
15 | at lease rates not materially greater than the lease rate | ||||||
16 | for the original proposed site; then the carrier can | ||||||
17 | proceed to permit and construct the site under the | ||||||
18 | provisions and standards of Section 5-12001.1 of this Code.
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19 | (Source: P.A. 98-197, eff. 8-9-13; 98-756, eff. 7-16-14.)".
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