Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 596
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/19/2017           .                                

       The Committee on Rules (Hutson) recommended the following:
    1         Senate Amendment to Amendment (219028) (with title
    2  amendment)
    4         Delete lines 54 - 414
    5  and insert:
    6  45 days after the date of the waiver request.
    7         3. “Applicant” means a person who submits an application
    8  and is a wireless provider.
    9         4. “Application” means a request submitted by an applicant
   10  to an authority for a permit to collocate small wireless
   11  facilities.
   12         5. “Authority” means a county or municipality having
   13  jurisdiction and control of the rights-of-way of any public
   14  roads. The term does not include the Florida Department of
   15  Transportation. The Florida Department of Transportation rights
   16  of-way are excluded from this subsection.
   17         6. “Authority utility pole” means a utility pole owned by
   18  an authority in the right-of-way. The term does not include a
   19  utility pole owned by a municipal electric utility or any
   20  utility pole used to support municipally owned or operated
   21  electric distribution facilities, or a utility pole located in
   22  the right-of-way within:
   23         a. A retirement community that:
   24         (I) Is deed-restricted as housing for older persons as
   25  defined in s. 760.29(4)(b);
   26         (II) Has more than 5,000 residents; and
   27         (III) Has underground utilities for electric transmission
   28  or distribution; or
   29         b. A municipality that:
   30         (I) Is located on a coastal barrier island as defined in s.
   31  161.053(1)(b)3.;
   32         (II) Has a land area of less than 5 square miles;
   33         (III) Has fewer than 10,000 residents; and
   34         (IV) Has, before the adoption of this act, received
   35  referendum approval to issue debt to finance municipality-wide
   36  underground utilities for electric transmission or distribution.
   37         7. “Collocate” or “collocation” means to install, mount,
   38  maintain, modify, operate, or replace one or more wireless
   39  facilities on, under, within, or adjacent to a wireless support
   40  structure or utility pole. The term does not include the
   41  installation of a utility pole or wireless support structure in
   42  the public rights-of-way.
   43         8. “FCC” means the Federal Communications Commission.
   44         9.“Micro wireless facility” means a small wireless
   45  facility having dimensions no larger than 24 inches in length,
   46  15 inches in width, and 12 inches in height and an exterior
   47  antenna, if any, no longer than 11 inches.
   48         10. “Small wireless facility” means a wireless facility
   49  that meets the following qualifications:
   50         a.Each antenna associated with the facility is located
   51  inside an enclosure of no more than 6 cubic feet in volume or,
   52  in the case of antennas that have exposed elements, each antenna
   53  and all of its exposed elements could fit within an enclosure of
   54  no more than 6 cubic feet in volume; and
   55         b.All other wireless equipment associated with the
   56  facility is cumulatively no more than 28 cubic feet in volume.
   57  The following types of associated ancillary equipment are not
   58  included in the calculation of equipment volume: electric
   59  meters, concealment elements, telecommunications demarcation
   60  boxes, ground-based enclosures, grounding equipment, power
   61  transfer switches, cutoff switches, vertical cable runs for the
   62  connection of power and other services, and utility poles or
   63  other support structures.
   64         11.“Utility pole” means a pole or similar structure used
   65  in whole or in part to provide communications services or for
   66  electric distribution, lighting, traffic control, signage, or a
   67  similar function. The term includes the vertical support
   68  structure for traffic lights, but does not include any
   69  horizontal structures upon which are attached signal lights or
   70  other traffic control devices and does not include any pole or
   71  similar structure 15 feet in height or less unless an authority
   72  grants a waiver for the pole.
   73         12. “Wireless facility” means equipment at a fixed location
   74  which enables wireless communications between user equipment and
   75  a communications network, including radio transceivers,
   76  antennas, wires, coaxial or fiber-optic cable or other cables,
   77  regular and backup power supplies, and comparable equipment,
   78  regardless of technological configuration, and equipment
   79  associated with wireless communications. The term includes small
   80  wireless facilities. The term does not include:
   81         a. The structure or improvements on, under, within, or
   82  adjacent to the structure on which the equipment is collocated;
   83         b. Wireline backhaul facilities; or
   84         c. Coaxial or fiber-optic cable that is between wireless
   85  structures or utility poles or that is otherwise not immediately
   86  adjacent to or directly associated with a particular antenna.
   87         13. “Wireless infrastructure provider” means a person who
   88  is certificated to provide telecommunications service in the
   89  state and who builds or installs wireless communication
   90  transmission equipment, wireless facilities, or wireless support
   91  structures, but is not a wireless services provider.
   92         14. “Wireless provider” means a wireless infrastructure
   93  provider or a wireless services provider.
   94         15. “Wireless services” means any services provided using
   95  licensed or unlicensed spectrum, whether at a fixed location or
   96  mobile, using wireless facilities.
   97         16. “Wireless services provider” means a person who
   98  provides wireless services.
   99         17. “Wireless support structure” means a freestanding
  100  structure, such as a monopole, a guyed or self-supporting tower,
  101  or another existing or proposed structure designed to support or
  102  capable of supporting wireless facilities. The term does not
  103  include a utility pole.
  104         (c) Except as provided in this subsection, an authority may
  105  not prohibit, regulate, or charge for the collocation of small
  106  wireless facilities in the public rights-of-way.
  107         (d) An authority may require a registration process and
  108  permit fees in accordance with subsection (3). An authority
  109  shall accept applications for permits and shall process and
  110  issue permits subject to the following requirements:
  111         1. An authority may not directly or indirectly require an
  112  applicant to perform services unrelated to the collocation for
  113  which approval is sought, such as in-kind contributions to the
  114  authority, including reserving fiber, conduit, or pole space for
  115  the authority.
  116         2. An applicant may not be required to provide more
  117  information to obtain a permit than is necessary to demonstrate
  118  the applicant’s compliance with applicable codes for the
  119  placement of small wireless facilities in the locations
  120  identified in the application.
  121         3. An authority may not require the placement of small
  122  wireless facilities on any specific utility pole or category of
  123  poles or require multiple antenna systems on a single utility
  124  pole.
  125         4. An authority may not limit the placement of small
  126  wireless facilities by minimum separation distances; however,
  127  within 14 days after the date of filing the application, an
  128  authority may request that the proposed location of a small
  129  wireless facility be moved to another location in the right-of
  130  way and placed upon an alternative authority utility pole or
  131  support structure or placed upon a new utility pole. The
  132  authority and applicant may negotiate the alternative location,
  133  including any objective design standards, for 30 days after the
  134  date of the request. At the conclusion of the negotiation
  135  period, if the applicant accepts the alternative location, the
  136  applicant must notify the authority, and the application shall
  137  be deemed granted for any new location for which there is
  138  agreement and all other locations in the application. If no
  139  agreement is reached, the applicant must notify the authority,
  140  and the authority must grant or deny the original application
  141  within 90 days after the date the application is filed. A
  142  request for an alternative location, an acceptance of an
  143  alternative location, or any rejection of an alternative
  144  location must be in writing and provided by electronic mail.
  145         5. An authority shall limit the height of a small wireless
  146  facility to no more than 10 feet above the utility pole or
  147  structure upon which the small wireless facility is to be
  148  collocated. Unless waived by an authority, the height for a new
  149  utility pole is limited to the tallest existing utility pole
  150  located in the right-of-way, other than a utility pole for which
  151  a waiver has previously been granted, measured from grade in
  152  place within 500 feet of the proposed location of the small
  153  wireless facility. If there is no utility pole within 500 feet,
  154  the authority shall limit the height of the utility pole to 50
  155  feet.
  156         6. Except as provided in subparagraphs 4. and 5., the
  157  installation of a utility pole in the public rights-of-way
  158  designed to support a small wireless facility is subject to
  159  authority rules or regulations governing the placement of
  160  utility poles in the public rights-of-way and is subject to the
  161  application review timeframes in this subsection.
  162         7. Within 14 days after receiving an application, an
  163  authority must determine and notify the applicant by electronic
  164  mail as to whether the application is complete. If an
  165  application is deemed incomplete, the authority must
  166  specifically identify the missing information. An application is
  167  deemed complete if the authority fails to provide notification
  168  to the applicant within 14 days.
  169         8. An application must be processed on a nondiscriminatory
  170  basis. A complete application is deemed approved if an authority
  171  fails to approve or deny the application within 60 days after
  172  receipt of the application. If an authority does not use the 30
  173  day negotiation period provided in subparagraph 4., the parties
  174  may mutually agree to extend the 60-day application review
  175  period. The authority must grant or deny the application at the
  176  end of the extended period. A permit issued pursuant to an
  177  approved application remains effective for 1 year unless
  178  extended by the authority.
  179         9.An authority must notify the applicant of approval or
  180  denial by electronic mail. An authority must approve a complete
  181  application unless it does not meet the authority’s applicable
  182  codes. If the application is denied, the authority must specify
  183  in writing the basis for denial, including the specific code
  184  provisions on which the denial was based, and send the
  185  documentation to the applicant by electronic mail on the day the
  186  authority denies the application. The applicant may cure the
  187  deficiencies identified by the authority and resubmit the
  188  application within 30 days after notice of the denial is sent to
  189  the applicant. The authority must approve or deny the revised
  190  application within 30 days after receipt or the application is
  191  deemed approved. Any subsequent review shall be limited to the
  192  deficiencies cited in the denial.
  193         10. An applicant seeking to collocate small wireless
  194  facilities within the jurisdiction of a single authority may, at
  195  the applicant’s discretion, file a consolidated application and
  196  receive a single permit for the collocation of no more than 30
  197  small wireless facilities. If the application includes multiple
  198  small wireless facilities, an authority may remove small
  199  wireless facility collocations from the application and treat
  200  separately small wireless facility collocations for which
  201  incomplete information has been received or which are denied.
  202         11. An authority may deny a proposed collocation of a small
  203  wireless facility in the public rights-of-way if the proposed
  204  collocation:
  205         a. Materially interferes with the safe operation of traffic
  206  control equipment.
  207         b. Materially interferes with sight lines or clear zones
  208  for transportation, pedestrians, or public safety purposes.
  209         c. Materially interferes with compliance with the Americans
  210  with Disabilities Act or similar federal or state standards
  211  regarding pedestrian access or movement.
  212         d. Materially fails to comply with the 2010 edition of the
  213  Florida Department of Transportation Utility Accommodation
  214  Manual.
  215         e. Fails to comply with applicable codes.
  216         12. An authority may adopt by ordinance provisions for
  217  registration, permitting, insurance coverage, indemnification,
  218  performance bonds, security funds, force majeure, abandonment,
  219  authority liability, or authority warranties. Such provisions
  220  must be reasonable and nondiscriminatory.
  221         13. Collocation of a small wireless facility on an
  222  authority utility pole may not provide the basis for the
  223  imposition of an ad valorem tax on the authority utility pole.
  224         14. An authority may reserve space on authority utility
  225  poles for future public safety uses. However, a reservation of
  226  space may not preclude collocation of a small wireless facility.
  227  If replacement of the authority utility pole is necessary to
  228  accommodate the collocation of the small wireless facility and
  229  the future public safety use, the pole replacement is subject to
  230  make-ready provisions, and the replaced pole shall accommodate
  231  the future public safety use.
  232         15. Any structure granted a permit and installed pursuant
  233  to this subsection must comply with chapter 333 and federal
  234  regulations pertaining to airport airspace protections.
  235         (e)An authority may not require approval of or impose fees
  236  or other charges for:
  237         1. Routine maintenance;
  238         2. Replacement of existing wireless facilities with
  239  wireless facilities that are substantially similar or of the
  240  same or smaller size; or
  241         3. Installation, placement, maintenance, or replacement of
  242  micro wireless facilities suspended on cables strung between
  243  existing utility poles in compliance with applicable codes by a
  244  communications service provider authorized to occupy the rights
  245  of-way and who is remitting taxes under chapter 202.
  247  However, notwithstanding this paragraph, an authority may
  248  require a right-of-way permit for work that involves excavation,
  249  closing a sidewalk, or closing a vehicular lane.
  250         (f) Collocation of small wireless facilities on authority
  251  utility poles is subject to the following requirements:
  252         1. An authority may not enter into an exclusive arrangement
  253  with any person for the right to attach equipment to authority
  254  utility poles.
  255         2. The rates and fees for collocations on authority utility
  256  poles must be nondiscriminatory, regardless of the services
  257  provided by the collocating person.
  258         3. The rate to collocate small wireless facilities on
  259  authority utility poles may not exceed $100 per year.
  260         4.Agreements between authorities and wireless providers
  261  which are in effect on July 1, 2017, and which relate to the
  262  collocation of small wireless facilities in the right-of-way,
  263  including the collocation of small wireless facilities on
  264  authority utility poles, remain in effect, subject to applicable
  265  termination provisions. The wireless provider may accept the
  266  rates, fees, and terms established under this subsection for
  267  small wireless facilities and utility poles that are the subject
  268  of an application submitted after the rates, fees, and terms
  269  become effective.
  270         5. A person owning or controlling an authority utility pole
  271  shall offer rates, fees, and other terms that comply with this
  272  subsection. By the later of January 1, 2018, or 3 months after
  273  receiving a request to collocate its first small wireless
  274  facility on a utility pole owned or controlled by an authority,
  275  the person owning or controlling the authority utility pole
  276  shall make available, through ordinance or otherwise, rates,
  277  fees, and terms for the collocation of small wireless facilities
  278  on the authority utility pole which comply with this subsection.
  279         a. The rates, fees, and terms must be nondiscriminatory,
  280  competitively neutral, and must comply with this subsection.
  281         b. For an authority utility pole that supports an aerial
  282  facility used to provide communications services or electric
  283  service, the parties shall comply with the process for make
  284  ready work under 47 U.S.C. s. 224 and implementing regulations.
  285  The good faith estimate of the person owning or controlling the
  286  pole for any make-ready work necessary to enable the pole to
  287  support the requested collocation must include pole replacement
  288  if necessary.
  289         c. For an authority utility pole that does not support an
  290  aerial facility used to provide communications services or
  291  electric service, the authority shall provide a good faith
  292  estimate for any make-ready work necessary to enable the pole to
  293  support the requested collocation, including necessary pole
  294  replacement, within 60 days after receipt of a complete
  295  application. Make-ready work, including any pole replacement,
  296  must be completed within 60 days after written acceptance of the
  297  good faith estimate by the applicant. Alternatively, an
  298  authority may require the applicant seeking to collocate a small
  299  wireless facility to provide a make-ready estimate at the
  300  applicant’s expense for the work necessary to support the small
  301  wireless facility, including pole replacement, and to perform
  302  the make-ready work. If pole replacement is required, the scope
  303  of the make-ready estimate is limited to the design,
  304  fabrication, and installation of a utility pole that is
  305  substantially similar in color and composition. The authority
  306  may not impose conditions on or restrict the manner in which the
  307  applicant obtains, develops, or provides the estimate or
  308  conducts the make-ready work subject to usual construction
  309  restoration standards for work in the right-of-way. The replaced
  310  or altered utility pole shall remain the property of the
  311  authority.
  312         d.An authority may not require more make-ready work than
  313  is required to meet applicable codes or industry standards. Fees
  314  for make-ready work may not include costs related to preexisting
  315  damage or prior noncompliance. Fees for make-ready work,
  316  including any pole replacement, may not exceed actual costs or
  317  the amount charged to communications service providers other
  318  than wireless services providers for similar work and may not
  319  include any consultant fee or expense.
  320         (g) For any applications filed before the effective dates
  321  of ordinances implementing this subsection, an authority may
  322  apply current ordinances regulating the placement of
  323  communications facilities in the right-of-way, including
  324  registration, permitting, insurance coverage, indemnification,
  325  performance bonds, security funds, force majeure, abandonment,
  326  authority liability, or authority warranties. Permit application
  327  requirements and small wireless facility placement requirements,
  328  including utility pole height limits, which conflict with this
  329  subsection shall be waived by the authority.
  330         (h) Except as provided in this section or specifically
  331  required by state law, an authority may not adopt or enforce any
  332  regulation on the placement or operation of communications
  333  facilities in the rights-of-way by a provider authorized by
  334  state law to operate in the rights-of-way and may not regulate
  335  any communications services or impose or collect any tax, fee,
  336  or charge not specifically authorized under state law. This
  337  paragraph is not intended to change state law regarding an
  338  authority’s ability to regulate the relocation of facilities.
  339         (i) A wireless provider shall, in relation to a small
  340  wireless facility, utility pole, or wireless support structure
  341  in the public rights-of-way, comply with nondiscriminatory
  342  undergrounding requirements of the authority which prohibit
  343  above-ground structures in public rights-of-way. Any such
  344  requirements may be waived by the relevant authority.
  345         (j) A wireless infrastructure provider may apply to an
  346  authority to place utility poles in the public rights-of-way to
  347  support the collocation of small wireless facilities. The
  348  application must include an attestation that small wireless
  349  facilities will be collocated on the utility pole or structure
  350  and small wireless facilities will be used by a wireless
  351  services provider to provide service within 9 months from the
  352  date the application is granted. An authority shall accept and
  353  process the application in accordance with subparagraph (7)(d)6.
  354  and any applicable codes and other local codes governing the
  355  placement of utility poles in the public rights-of-way.
  356         (k) This subsection does not limit a local government’s
  357  authority to enforce historic preservation zoning regulations
  358  consistent with the preservation of local zoning authority under
  359  47 U.S.C s. 332(c)(7), the requirements for facility
  360  modifications under 47 U.S.C. s. 1455(a), or the National
  361  Historic Preservation Act of 1966, as amended, and the
  362  regulations adopted to implement these laws. An authority may
  363  enforce local pending ordinances or administrative rules or
  364  regulations that are applicable to a historic area designated by
  365  the state or authority and subject to waiver by the authority if
  366  the intent to adopt regulation or zoning changes has been
  367  publicly declared on or before April 1, 2017.
  369  ================= T I T L E  A M E N D M E N T ================
  370  And the title is amended as follows:
  371         Delete lines 518 - 533
  372  and insert:
  373         authorized under state law; providing construction;
  374         requiring a wireless provider to comply with certain
  375         nondiscriminatory undergrounding requirements of the
  376         authority; authorizing the authority to waive any such
  377         requirements; authorizing a wireless infrastructure
  378         provider to apply to an authority to place utility
  379         poles in the public rights-of-way to support the
  380         collocation of small wireless facilities; providing
  381         requirements for such application; requiring the
  382         authority to accept and process the application,
  383         subject to certain requirements; providing
  384         construction; authorizing an authority to enforce
  385         local pending ordinances or administrative regulations
  386         that are applicable to a historic area designated by
  387         the state or authority and subject to waiver by the
  388         authority if the intent to adopt regulation or zoning
  389         changes has been publicly declared on or before a
  390         specified date; providing retroactive applicability;
  391         providing an effective date.