Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 596
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/27/2017           .                                

       The Committee on Governmental Oversight and Accountability
       (Baxley) recommended the following:
    1         Senate Amendment 
    3         Delete lines 64 - 269
    4  and insert:
    5  utility pole owned by a municipal electric company or a utility
    6  pole located in the right-of-way within a retirement community
    7  that:
    8         a. Is deed-restricted as housing for older persons as
    9  defined in s. 760.29(4)(b);
   10         b. Has more than 5,000 residents; and
   11         c. Has underground utilities for electric transmission or
   12  distribution.
   13         6. “Collocate” or “collocation” means to install, mount,
   14  maintain, modify, operate, or replace one or more wireless
   15  facilities on, under, within, or adjacent to a wireless support
   16  structure or utility pole.
   17         7. “FCC” means the Federal Communications Commission.
   18         8.“Micro wireless facility” means a small wireless
   19  facility having dimensions no larger than 24 inches in length,
   20  15 inches in width, and 12 inches in height and an exterior
   21  antenna, if any, no longer than 11 inches.
   22         9. “Small wireless facility” means a wireless facility that
   23  meets the following qualifications:
   24         a.Each antenna associated with the facility is located
   25  inside an enclosure of no more than 6 cubic feet in volume or,
   26  in the case of antennas that have exposed elements, each antenna
   27  and all of its exposed elements could fit within an enclosure of
   28  no more than 6 cubic feet in volume; and
   29         b.All other wireless equipment associated with the
   30  facility is cumulatively no more than 28 cubic feet in volume.
   31  The following types of associated ancillary equipment are not
   32  included in the calculation of equipment volume: electric
   33  meters, concealment elements, telecommunications demarcation
   34  boxes, ground-based enclosures, grounding equipment, power
   35  transfer switches, cutoff switches, vertical cable runs for the
   36  connection of power and other services, and utility poles or
   37  other support structures.
   38         10.“Utility pole” means a pole or similar structure that
   39  is used in whole or in part to provide communications services
   40  or for electric distribution, lighting, traffic control,
   41  signage, or a similar function.
   42         11. “Wireless facility” means equipment at a fixed location
   43  which enables wireless communications between user equipment and
   44  a communications network, including radio transceivers,
   45  antennas, wires, coaxial or fiber-optic cable or other cables,
   46  regular and backup power supplies, and comparable equipment,
   47  regardless of technological configuration, and equipment
   48  associated with wireless communications. The term includes small
   49  wireless facilities. The term does not include:
   50         a. The structure or improvements on, under, within, or
   51  adjacent to the structure on which the equipment is collocated;
   52         b. Wireline backhaul facilities; or
   53         c. Coaxial or fiber-optic cable that is between wireless
   54  structures or utility poles or that is otherwise not immediately
   55  adjacent to or directly associated with a particular antenna.
   56         12. “Wireless infrastructure provider” means a person who
   57  is certificated to provide telecommunications service in the
   58  state and who builds or installs wireless communication
   59  transmission equipment, wireless facilities, or wireless support
   60  structures, but is not a wireless services provider.
   61         13. “Wireless provider” means a wireless infrastructure
   62  provider or a wireless services provider.
   63         14. “Wireless services” means any services provided using
   64  licensed or unlicensed spectrum, whether at a fixed location or
   65  mobile, using wireless facilities.
   66         15. “Wireless services provider” means a person who
   67  provides wireless services.
   68         16. “Wireless support structure” means a freestanding
   69  structure, such as a monopole, a guyed or self-supporting tower,
   70  a billboard, or another existing or proposed structure designed
   71  to support or capable of supporting wireless facilities. The
   72  term does not include a utility pole.
   73         (c) Except as provided in this subsection, an authority may
   74  not prohibit, regulate, or charge for the collocation of small
   75  wireless facilities in the public rights-of-way.
   76         (d) An authority may require permit fees only in accordance
   77  with subsection (3). An authority shall accept applications for
   78  permits and shall process and issue permits subject to the
   79  following requirements:
   80         1. An authority may not directly or indirectly require an
   81  applicant to perform services unrelated to the collocation for
   82  which approval is sought, such as in-kind contributions to the
   83  authority, including reserving fiber, conduit, or pole space for
   84  the authority.
   85         2. An applicant may not be required to provide more
   86  information to obtain a permit than is required of electric
   87  service providers and other communications service providers
   88  that are not wireless services providers.
   89         3. An authority may not require the placement of small
   90  wireless facilities on any specific utility pole or category of
   91  poles or require multiple antenna systems on a single utility
   92  pole.
   93         4. An authority may not limit the placement of small
   94  wireless facilities by minimum separation distances or a maximum
   95  height limitation; however, an authority may limit the height of
   96  a small wireless facility to no more than 10 feet above the
   97  tallest existing utility pole, measured from grade in place
   98  within 500 feet of the proposed location of the small wireless
   99  facility. If there is no utility pole within 500 feet, the
  100  authority may limit the height of the small wireless facility to
  101  no more than 60 feet. The height limitations do not apply to the
  102  placement of any small wireless facility on a utility pole or
  103  wireless support structure constructed on or before June 30,
  104  2017, if the small wireless facility does not extend more than
  105  10 feet above the structure.
  106         5. Within 10 days after receiving an application, an
  107  authority must determine and notify the applicant by electronic
  108  mail as to whether the application is complete. If an
  109  application is deemed incomplete, the authority must
  110  specifically identify the missing information. An application is
  111  deemed complete if the authority fails to provide notification
  112  to the applicant within 10 days or when all documents,
  113  information, and fees specifically enumerated in the authority’s
  114  permit application form are submitted by the applicant to the
  115  authority.
  116         6. An application must be processed on a nondiscriminatory
  117  basis. A complete application is deemed approved if an authority
  118  fails to approve or deny the application within 60 days after
  119  receipt of the application.
  120         7.An authority must notify the applicant of approval or
  121  denial by electronic mail. An authority shall approve a complete
  122  application unless it does not meet the authority’s applicable
  123  codes. If the application is denied, the authority must specify
  124  in writing the basis for denial, including the specific code
  125  provisions on which the denial was based, and send the
  126  documentation to the applicant by electronic mail on the day the
  127  authority denies the application. The applicant may cure the
  128  deficiencies identified by the authority and resubmit the
  129  application within 30 days after notice of the denial is sent to
  130  the applicant. The authority shall approve or deny the revised
  131  application within 30 days after receipt or the application is
  132  deemed approved. Any subsequent review shall be limited to the
  133  deficiencies cited in the denial.
  134         8. An applicant seeking to collocate small wireless
  135  facilities within the jurisdiction of a single authority may, at
  136  the applicant’s discretion, file a consolidated application and
  137  receive a single permit for the collocation of multiple small
  138  wireless facilities.
  139         (e)An authority may not require approval or require fees
  140  or other charges for:
  141         1. Routine maintenance;
  142         2. Replacement of existing wireless facilities with
  143  wireless facilities that are substantially similar or of the
  144  same or smaller size; or
  145         3. Installation, placement, maintenance, or replacement of
  146  micro wireless facilities that are suspended on cables strung
  147  between existing utility poles in compliance with applicable
  148  codes by a communications service provider authorized to occupy
  149  the rights-of-way and who is remitting taxes under chapter 202.
  150         (f) An authority shall approve the collocation of small
  151  wireless facilities on authority utility poles, subject to the
  152  following requirements:
  153         1. An authority may not enter into an exclusive arrangement
  154  with any person for the right to attach equipment to authority
  155  utility poles.
  156         2. The rates and fees for collocations on authority utility
  157  poles must be nondiscriminatory, regardless of the services
  158  provided by the collocating person.
  159         3. The rate to collocate equipment on authority utility
  160  poles may not exceed the lesser of the annual recurring rate
  161  that would be permitted under rules adopted by the FCC under 47
  162  U.S.C. s. 224(d) if the collocation rate were regulated by the
  163  FCC or $15 per year per authority utility pole.
  164         4.If an authority has an existing pole attachment rate,
  165  fee, or other term that does not comply with this subsection,
  166  the authority shall, no later than January 1, 2018, revise such
  167  rate, fee, or term to be in compliance with this subsection.
  168         5. A person owning or controlling an authority utility pole
  169  shall offer rates, fees, and other terms that comply with this
  170  subsection. By the later of January 1, 2018, or 3 months after
  171  receiving a request to collocate its first small wireless
  172  facility on a utility pole owned or controlled by an authority,
  173  the person owning or controlling the authority utility pole
  174  shall make available, through ordinance or otherwise, rates,
  175  fees, and terms for the collocation of small wireless facilities
  176  on the authority utility pole which comply with this subsection.
  177         a. The rates, fees, and terms must be nondiscriminatory,
  178  competitively neutral, and commercially reasonable and must
  179  comply with this subsection.
  180         b. For an authority utility pole that supports an aerial
  181  facility used to provide communications services or electric
  182  service, the parties shall comply with the process for make
  183  ready work under 47 U.S.C. s. 224 and implementing regulations.
  184  The good faith estimate of the person owning or controlling the
  185  pole for any make-ready work necessary to enable the pole to
  186  support the requested collocation must include pole replacement
  187  if necessary.
  188         c. For an authority utility pole that does not support an
  189  aerial facility used to provide communications services or
  190  electric service, the authority shall provide a good faith
  191  estimate for any make-ready work necessary to enable the pole to
  192  support the requested collocation, including necessary pole
  193  replacement, within 60 days after receipt of a complete
  194  application. Make-ready work, including any pole replacement,
  195  must be completed within 60 days after written acceptance of the
  196  good faith estimate by the applicant.
  197         d.An authority may not require more make-ready work than
  198  is required to meet applicable codes or industry standards. Fees
  199  for make-ready work may not include costs related to preexisting
  200  damage or prior noncompliance. Fees for make-ready work,
  201  including any pole replacement, may not exceed actual costs or
  202  the amount charged to communications service providers other
  203  than wireless services providers for similar work and may not
  204  include any consultant fee or expense.
  205         (g) Except as provided in this chapter or specifically
  206  required by state law, an authority may not adopt or enforce any
  207  regulation on the placement or operation of communications
  208  facilities in the rights-of-way by a provider authorized by
  209  state law to operate in the rights-of-way and may not regulate
  210  any communications services or impose or collect any tax, fee,
  211  or charge not specifically authorized under state law.
  212         (h) This subsection does not authorize a person to
  213  collocate small wireless facilities on a privately owned utility
  214  pole, a utility pole owned by an electric cooperative, a
  215  privately owned wireless support structure, or other private
  216  property without the consent of the property owner.
  217         (i) This subsection does not authorize a person to
  218  collocate or attach small wireless facilities or micro wireless
  219  facilities on a utility pole or erect a wireless support
  220  structure in the right-of-way located within a retirement
  221  community that:
  222         1. Is deed-restricted as housing for older persons as
  223  defined in s. 760.29(4)(b);
  224         2. Has more than 5,000 residents; and
  225         3. Has underground utilities for electric transmission or
  226  distribution.
  227         (j) This subsection may not be construed to limit local