SB 354 - This act modifies provisions relating to wireless communications infrastructure and the Uniform Wireless Communications Infrastructure Deployment Act.
UNIFORM WIRELESS COMMUNICATIONS INFRASTRUCTURE DEPLOYMENT ACT (Sections 67.5092 & 67.5102) - This act modifies several definitions. Currently, "collocation" is defined as the placement of a new wireless facility on a structure that already has an existing facility. Under this act, "collocation" is defined as the placement of a new wireless facility on or immediately adjacent to an existing structure, including utility poles. Currently, "existing structure" and "wireless support structure" are defined to exclude utility poles. This act removes this exclusion and defines such terms to include utility poles. Further, "wireless support structure" is also defined to include electrical transmission towers and water towers under this act.
Currently, an authority may not offer a lease to use public lands to locate a wireless support structure on such authority's property for a lease term less than 15 years in duration, unless agreed upon by the applicant. This act also applies such lease requirements to leases on public lands to locate wireless facilities, including small wireless facilities.
This act prohibits authorities from charging a wireless communications service provider a fee to locate a facility on privately-owned property. Further, this act also prohibits an authority from imposing any fee to a wireless communications service provider or infrastructure provider for the deployment of wireless facilities unless expressly provided otherwise by law.
SMALL WIRELESS FACILITIES (Section 67.5101) - This act sets forth standards for authorities when reviewing applications for "small wireless facilities", defined in this act as a facility with an antenna of no more than 6 feet and volume no larger than 28 cubic feet. Such standards set forth in this act include that the authority may not require an application for certain work on previously permitted small wireless facility collocations, the authority shall process a collocation application on a nondiscriminatory basis, the authority shall authorize the collocation of a small wireless facility not located within the public right-of-way to the same extent the authority authorizes access to wireless structure for other uses, and that the authority shall adhere to certain standards and terms when both denying and approving an application. This act also prohibits an authority from instituting a moratorium on processing collocation applications for small wireless facilities, and issuing permits or approvals for such collocation applications.
POLE ATTACHMENTS (Section 67.5104) - Currently, "pole attachment" is defined to exclude wireless communications service providers from the list of attaching entities that may attach to a pole owned by a municipal utility or municipality. This act removes this exclusion and adds wireless communications service providers to the list of attaching entities that may attach to a pole owned by a municipal utility or municipality, including poles that provide lighting.
Currently, a municipal utility or municipality may require an attaching entity to enter into a pole attachment agreement. Under this act, a wireless provider may collocate small wireless facilities on municipality or municipal authority utility poles located within the public right-of-way without being required to enter into any agreement with the authority, so long as such pole attachments comply with federal law governing pole attachments. Further, this act limits the annual recurring rate to collocate a small wireless facility on an authority utility pole not to exceed the federal formula rate for pole attachments.
This act also sets forth criteria for addressing "make-ready" work, including provisions for utility poles that both support and do not support aerial cables used for video communications or electric service. Further, such work shall not require more than applicable codes or industry standards, and charges for such work shall not exceed actual costs or the amount charged other providers for similar work.