Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 596 Ì9049062Î904906 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/07/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Communications, Energy, and Public Utilities (Hutson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (7) is added to section 337.401, 6 Florida Statutes, to read: 7 337.401 Use of right-of-way for utilities subject to 8 regulation; permit; fees.— 9 (7)(a) This subsection may be cited as the “Advanced 10 Wireless Infrastructure Deployment Act.” 11 (b) As used in this subsection, the term: 12 1. “Antenna” means communications equipment that transmits 13 or receives electromagnetic radio frequency signals used in 14 providing wireless services. 15 2. “Applicable codes” means uniform building, fire, 16 electrical, plumbing, or mechanical codes adopted by a 17 recognized national code organization, or local amendments to 18 those codes, enacted solely to address threats of destruction of 19 property or injury to persons. The term includes local 20 government historic preservation zoning regulations consistent 21 with the preservation of local zoning authority under 47 U.S.C 22 s. 332(c)(7), the requirements for facility modifications under 23 47 U.S.C. s. 1455(a), or the National Historic Preservation Act 24 of 1966, as amended, and the regulations adopted to implement 25 these laws. 26 3. “Applicant” means a person who submits an application 27 and is a wireless provider. 28 4. “Application” means a request submitted by an applicant 29 to an authority for a permit to collocate small wireless 30 facilities. 31 5. “Authority utility pole” means a utility pole owned by 32 an authority in the right-of-way. The term does not include a 33 utility pole owned by a municipal electric company. 34 6. “Collocate” or “collocation” means to install, mount, 35 maintain, modify, operate, or replace one or more wireless 36 facilities on, under, within, or adjacent to a wireless support 37 structure or utility pole. 38 7. “FCC” means the Federal Communications Commission. 39 8. “Micro wireless facility” means a small wireless 40 facility having dimensions no larger than 24 inches in length, 41 15 inches in width, and 12 inches in height and an exterior 42 antenna, if any, no longer than 11 inches. 43 9. “Small wireless facility” means a wireless facility that 44 meets the following qualifications: 45 a. Each antenna associated with the facility is located 46 inside an enclosure of no more than 6 cubic feet in volume or, 47 in the case of antennas that have exposed elements, each antenna 48 and all of its exposed elements could fit within an enclosure of 49 no more than 6 cubic feet in volume; and 50 b. All other wireless equipment associated with the 51 facility is cumulatively no more than 28 cubic feet in volume. 52 The following types of associated ancillary equipment are not 53 included in the calculation of equipment volume: electric 54 meters, concealment elements, telecommunications demarcation 55 boxes, ground-based enclosures, grounding equipment, power 56 transfer switches, cutoff switches, vertical cable runs for the 57 connection of power and other services, and utility poles or 58 other support structures. 59 10. “Utility pole” means a pole or similar structure that 60 is used in whole or in part to provide communications services 61 or for electric distribution, lighting, traffic control, 62 signage, or a similar function. 63 11. “Wireless facility” means equipment at a fixed location 64 which enables wireless communications between user equipment and 65 a communications network, including radio transceivers, 66 antennas, wires, coaxial or fiber-optic cable or other cables, 67 regular and backup power supplies, and comparable equipment, 68 regardless of technological configuration, and equipment 69 associated with wireless communications. The term includes small 70 wireless facilities. The term does not include: 71 a. The structure or improvements on, under, within, or 72 adjacent to the structure on which the equipment is collocated; 73 b. Wireline backhaul facilities; or 74 c. Coaxial or fiber-optic cable that is between wireless 75 structures or utility poles or that is otherwise not immediately 76 adjacent to or directly associated with a particular antenna. 77 12. “Wireless infrastructure provider” means a person who 78 is certificated to provide telecommunications service in the 79 state and who builds or installs wireless communication 80 transmission equipment, wireless facilities, or wireless support 81 structures, but is not a wireless services provider. 82 13. “Wireless provider” means a wireless infrastructure 83 provider or a wireless services provider. 84 14. “Wireless services” means any services provided using 85 licensed or unlicensed spectrum, whether at a fixed location or 86 mobile, using wireless facilities. 87 15. “Wireless services provider” means a person who 88 provides wireless services. 89 16. “Wireless support structure” means a freestanding 90 structure, such as a monopole, a guyed or self-supporting tower, 91 a billboard, or another existing or proposed structure designed 92 to support or capable of supporting wireless facilities. The 93 term does not include a utility pole. 94 (c) Except as provided in this subsection, an authority may 95 not prohibit, regulate, or charge for the collocation of small 96 wireless facilities in the public rights-of-way. 97 (d) An authority may require permit fees only in accordance 98 with subsection (3). An authority shall accept applications for 99 permits and shall process and issue permits subject to the 100 following requirements: 101 1. An authority may not directly or indirectly require an 102 applicant to perform services unrelated to the collocation for 103 which approval is sought, such as in-kind contributions to the 104 authority, including reserving fiber, conduit, or pole space for 105 the authority. 106 2. An applicant may not be required to provide more 107 information to obtain a permit than is required of electric 108 service providers and other communications service providers 109 that are not wireless services providers. 110 3. An authority may not require the placement of small 111 wireless facilities on any specific utility pole or category of 112 poles or require multiple antenna systems on a single utility 113 pole. 114 4. An authority may not limit the placement of small 115 wireless facilities by minimum separation distances or a maximum 116 height limitation; however, an authority may limit the height of 117 a small wireless facility to no more than 10 feet above the 118 tallest existing utility pole, measured from grade in place 119 within 500 feet of the proposed location of the small wireless 120 facility. If there is no utility pole within 500 feet, the 121 authority may limit the height of the small wireless facility to 122 no more than 60 feet. The height limitations do not apply to the 123 placement of any small wireless facility on a utility pole or 124 wireless support structure constructed on or before June 30, 125 2017, if the small wireless facility does not extend more than 126 10 feet above the structure. 127 5. Within 10 days after receiving an application, an 128 authority must determine and notify the applicant by electronic 129 mail as to whether the application is complete. If an 130 application is deemed incomplete, the authority must 131 specifically identify the missing information. An application is 132 deemed complete if the authority fails to provide notification 133 to the applicant within 10 days or when all documents, 134 information, and fees specifically enumerated in the authority’s 135 permit application form are submitted by the applicant to the 136 authority. 137 6. An application must be processed on a nondiscriminatory 138 basis. A complete application is deemed approved if an authority 139 fails to approve or deny the application within 60 days after 140 receipt of the application. 141 7. An authority must notify the applicant of approval or 142 denial by electronic mail. An authority shall approve a complete 143 application unless it does not meet the authority’s applicable 144 codes. If the application is denied, the authority must specify 145 in writing the basis for denial, including the specific code 146 provisions on which the denial was based, and send the 147 documentation to the applicant by electronic mail on the day the 148 authority denies the application. The applicant may cure the 149 deficiencies identified by the authority and resubmit the 150 application within 30 days after notice of the denial is sent to 151 the applicant. The authority shall approve or deny the revised 152 application within 30 days after receipt or the application is 153 deemed approved. Any subsequent review shall be limited to the 154 deficiencies cited in the denial. 155 8. An applicant seeking to collocate small wireless 156 facilities within the jurisdiction of a single authority may, at 157 the applicant’s discretion, file a consolidated application and 158 receive a single permit for the collocation of multiple small 159 wireless facilities. 160 (e) An authority may not require approval or require fees 161 or other charges for: 162 1. Routine maintenance; 163 2. Replacement of existing wireless facilities with 164 wireless facilities that are substantially similar or of the 165 same or smaller size; or 166 3. Installation, placement, maintenance, or replacement of 167 micro wireless facilities that are suspended on cables strung 168 between existing utility poles in compliance with applicable 169 codes by a communications service provider authorized to occupy 170 the rights-of-way and who is remitting taxes under chapter 202. 171 (f) An authority shall approve the collocation of small 172 wireless facilities on authority utility poles, subject to the 173 following requirements: 174 1. An authority may not enter into an exclusive arrangement 175 with any person for the right to attach equipment to authority 176 utility poles. 177 2. The rates and fees for collocations on authority utility 178 poles must be nondiscriminatory, regardless of the services 179 provided by the collocating person. 180 3. The rate to collocate equipment on authority utility 181 poles may not exceed the lesser of the annual recurring rate 182 that would be permitted under rules adopted by the FCC under 47 183 U.S.C. s. 224(d) if the collocation rate were regulated by the 184 FCC or $15 per year per authority utility pole. 185 4. If an authority has an existing pole attachment rate, 186 fee, or other term that does not comply with this subsection, 187 the authority shall, no later than January 1, 2018, revise such 188 rate, fee, or term to be in compliance with this subsection. 189 5. A person owning or controlling an authority utility pole 190 shall offer rates, fees, and other terms that comply with this 191 subsection. By the later of January 1, 2018, or 3 months after 192 receiving a request to collocate its first small wireless 193 facility on a utility pole owned or controlled by an authority, 194 the person owning or controlling the authority utility pole 195 shall make available, through ordinance or otherwise, rates, 196 fees, and terms for the collocation of small wireless facilities 197 on the authority utility pole which comply with this subsection. 198 a. The rates, fees, and terms must be nondiscriminatory, 199 competitively neutral, and commercially reasonable and must 200 comply with this subsection. 201 b. For an authority utility pole that supports an aerial 202 facility used to provide communications services or electric 203 service, the parties shall comply with the process for make 204 ready work under 47 U.S.C. s. 224 and implementing regulations. 205 The good faith estimate of the person owning or controlling the 206 pole for any make-ready work necessary to enable the pole to 207 support the requested collocation must include pole replacement 208 if necessary. 209 c. For an authority utility pole that does not support an 210 aerial facility used to provide communications services or 211 electric service, the authority shall provide a good faith 212 estimate for any make-ready work necessary to enable the pole to 213 support the requested collocation, including necessary pole 214 replacement, within 60 days after receipt of a complete 215 application. Make-ready work, including any pole replacement, 216 must be completed within 60 days after written acceptance of the 217 good faith estimate by the applicant. 218 d. An authority may not require more make-ready work than 219 is required to meet applicable codes or industry standards. Fees 220 for make-ready work may not include costs related to preexisting 221 damage or prior noncompliance. Fees for make-ready work, 222 including any pole replacement, may not exceed actual costs or 223 the amount charged to communications service providers other 224 than wireless services providers for similar work and may not 225 include any consultant fee or expense. 226 (g) Except as provided in this chapter or specifically 227 required by state law, an authority may not adopt or enforce any 228 regulation on the placement or operation of communications 229 facilities in the rights-of-way by a provider authorized by 230 state law to operate in the rights-of-way and may not regulate 231 any communications services or impose or collect any tax, fee, 232 or charge not specifically authorized under state law. 233 (h) This subsection does not authorize a person to 234 collocate small wireless facilities on a privately owned utility 235 pole, a privately owned wireless support structure, or other 236 private property without the consent of the property owner. 237 (i) This subsection may not be construed to limit local 238 governments’ authority to enforce historic preservation zoning 239 regulations consistent with the preservation of local zoning 240 authority under 47 U.S.C s. 332(c)(7), the requirements for 241 facility modifications under 47 U.S.C. s.1455(a), or the 242 National Historic Preservation Act of 1966, as amended, and the 243 regulations adopted to implement these laws. 244 Section 2. This act shall take effect July 1, 2017. 245 ================= T I T L E A M E N D M E N T ================ 246 And the title is amended as follows: 247 Delete everything before the enacting clause 248 and insert: 249 A bill to be entitled 250 An act relating to utilities; amending s. 337.401, 251 F.S.; providing a short title; defining terms; 252 prohibiting the Department of Transportation and 253 certain local governmental entities, collectively 254 referred to as the “authority,” from prohibiting, 255 regulating, or charging for the collocation of small 256 wireless facilities in public rights-of-way under 257 certain circumstances; authorizing an authority to 258 require permit fees only under certain circumstances; 259 requiring an authority to receive and process 260 applications for permits, and to issue such permits, 261 subject to specified requirements; providing that 262 height limitations do not apply to the placement of 263 small wireless facilities on or before a specified 264 date under certain circumstances; prohibiting an 265 authority from requiring approval or charges for 266 routine maintenance, the replacement of certain 267 wireless facilities, or the installation, placement, 268 maintenance, or replacement of certain micro wireless 269 facilities; requiring an authority to approve the 270 collocation of small wireless facilities on authority 271 utility poles, subject to certain requirements; 272 providing requirements for rates, fees, and other 273 terms related to authority utility poles; prohibiting 274 an authority from adopting or enforcing any regulation 275 on the placement or operation of certain 276 communications facilities and from regulating any 277 communications services or imposing or collecting any 278 tax, fee, or charge not specifically authorized under 279 state law; providing construction; providing an 280 effective date.