SS/SCS/SB 650 - This act modifies the Uniform Wireless Communications Infrastructure Deployment Act. This act adds broadcast and radio based communications to the Uniform Wireless Communications Infrastructure Deployment Act. This act also modifies the definitions of collocation and substantial modification.
Currently, an authority is not allowed to take certain actions against a wireless communications service provider as set forth in this act. This act requires that for collocation to any certified historic structure, there shall be a 30 day time period before approval of the application, during which public hearing shall be conducted. This act also adds that an authority shall not establish or enforce regulations or procedures for environmental safety inconsistent with a certain bulletin.
Currently, parties aggrieved by the final action of an authority either by application denial or inaction for a new wireless structure, substantial modification of a wireless structure, or collocation may bring an action for review in any court of competent jurisdiction. This act requires that the court be in this state. Further, this act currently requires that an authority perform certain actions relating to an application for substantial modification of a wireless support structure within 90 days. This act extends this to 120 days.
Currently, if a wireless infrastructure provider and an authority disagree on the rental, license, or other fee for locating a wireless support structure on the authority's property, the market rate shall be determined by a panel of three appraisers. This act instead requires that the market rate be determined by a state-certified general real estate appraiser mutually agreed upon by the party's at the applicant's cost. If either party is dissatisfied with the market value determined by the appraiser, such party may bring an action for review in any court of competent jurisdiction, at which the court shall rule on in an expedited manner.