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SB 241 - This act creates the Uniform Wireless Communications Infrastructure Deployment Act. The act outlines the application approval process for construction of wireless facilities and support structures. Certain state, county, and municipal authorities (authorities) that make decisions relating to the constructions of wireless facilities and support structures are prohibited from requiring certain information from applicants, basing their decisions on certain information, or creating certain regulations, as outlined in this act. Authorities must review applications for new wireless support structures within 150 calendar days of receiving the application. Applications are deemed complete unless the applicant is notified within 30 days of deficiencies. The applicant is given 30 days to cure the deficiencies. If an applicant requires more than 30 days to cure the deficiencies, the 150 day approval period will be extended by the same extension amount given the applicant. Applications that are not acted on by the authority within 150 days will be deemed approved. Applications for substantial modifications of wireless support structures must be reviewed within 90 days of submission by the applicant. Applications are deemed complete unless the applicant is notified within 30 days of deficiencies. The applicant is given 30 days to cure the deficiencies. If an applicant requires more than 30 days to cure the deficiencies, the 90 day approval period will be extended by the same extension amount given the applicant. Applications that are not acted on by the authority within 90 days will be deemed approved. Collocation applications must be reviewed by an authority within 45 days of submission by the applicant. Applications are deemed complete unless the applicant is notified within 15 days of deficiencies. The applicant is given 15 days to cure the deficiencies. If an applicant requires more than 15 days to cure the deficiencies, the 45 day approval period will be extended by the same extension amount given the applicant. Applications that are not acted on by the authority within 45 days will be deemed approved. Authorities are prohibited from regulating the installation of wireless facilities on utility poles. Parties whose application for new wireless support structures, substantial modification of wireless support structures, or collocation is denied may bring an action in court. If they substantially prevail, they will be awarded their reasonable costs and attorney's fees. Authorities are prohibited from instituting a moratorium on new wireless support structures or collocations. Authorities are required to offer leases to applicants for use of public lands of the authority. If the parties cannot agree on a rate for the lease, three appraisers will be chosen. Each party will choose an appraiser with a third independent appraiser being chosen by the first two appraisers. The mid point of the three appraisals will be used as the rate, unless such amount is more than 10% off from the independent appraiser's valuation. In such a case, the independent appraiser's valuation will be used. The definition of telecommunication service in the Public Service Commission Law is changed to specifically exclude IP-enabled services. The provisions limiting the liability of telecommunication companies for providing information to law enforcement officials is expanded to allow disclosure of information to emergency telephone services. Currently, telecommunications services may elect to provide certain information on their public website instead of filing such information with the Public Service Commission (PSC). This act prohibits exchange access services from making this election. This act allows telecommunication companies to opt out of requirements of the telecommunication specific statutes and regulations for telecommunication companies, with certain exceptions. Telecommunication companies must still collect the Universal Service Fund surcharge, report to the PSC intrastate revenues, and comply with provisions pertaining to location information disclosure in emergency situations. Telecommunication companies will still be subject to PSC rules established under authority delegated by federal rule or statute or PSC rules regulating intercarrier issues. Telecommunications companies seeking certification to provide telecommunication services will be allowed to follow the same registration process authorized for interconnected voice over internet protocol service in lieu of the current certification process. KAYLA CRIDER
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