Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. CS for SB 596 Ì634024vÎ634024 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/27/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Baxley) recommended the following: 1 Senate Amendment to Amendment (561176) 2 3 Delete lines 59 - 285 4 and insert: 5 utility pole owned by a municipal electric utility, any utility 6 pole used to support municipally owned or operated electric 7 distribution facilities, or a utility pole located in the right 8 of-way within a retirement community that: 9 a. Is deed-restricted as housing for older persons as 10 defined in s. 760.29(4)(b); 11 b. Has more than 5,000 residents; and 12 c. Has underground utilities for electric transmission or 13 distribution. 14 7. “Collocate” or “collocation” means to install, mount, 15 maintain, modify, operate, or replace one or more wireless 16 facilities on, under, within, or adjacent to a wireless support 17 structure or utility pole. 18 8. “FCC” means the Federal Communications Commission. 19 9. “Micro wireless facility” means a small wireless 20 facility having dimensions no larger than 24 inches in length, 21 15 inches in width, and 12 inches in height and an exterior 22 antenna, if any, no longer than 11 inches. 23 10. “Small wireless facility” means a wireless facility 24 that meets the following qualifications: 25 a. Each antenna associated with the facility is located 26 inside an enclosure of no more than 6 cubic feet in volume or, 27 in the case of antennas that have exposed elements, each antenna 28 and all of its exposed elements could fit within an enclosure of 29 no more than 6 cubic feet in volume; and 30 b. All other wireless equipment associated with the 31 facility is cumulatively no more than 28 cubic feet in volume. 32 The following types of associated ancillary equipment are not 33 included in the calculation of equipment volume: electric 34 meters, concealment elements, telecommunications demarcation 35 boxes, ground-based enclosures, grounding equipment, power 36 transfer switches, cutoff switches, vertical cable runs for the 37 connection of power and other services, and utility poles or 38 other support structures. 39 11. “Utility pole” means a pole or similar structure that 40 is used in whole or in part to provide communications services 41 or for electric distribution, lighting, traffic control, 42 signage, or a similar function. 43 12. “Wireless facility” means equipment at a fixed location 44 which enables wireless communications between user equipment and 45 a communications network, including radio transceivers, 46 antennas, wires, coaxial or fiber-optic cable or other cables, 47 regular and backup power supplies, and comparable equipment, 48 regardless of technological configuration, and equipment 49 associated with wireless communications. The term includes small 50 wireless facilities. The term does not include: 51 a. The structure or improvements on, under, within, or 52 adjacent to the structure on which the equipment is collocated; 53 b. Wireline backhaul facilities; or 54 c. Coaxial or fiber-optic cable that is between wireless 55 structures or utility poles or that is otherwise not immediately 56 adjacent to or directly associated with a particular antenna. 57 13. “Wireless infrastructure provider” means a person who 58 is certificated to provide telecommunications service in the 59 state and who builds or installs wireless communication 60 transmission equipment, wireless facilities, or wireless support 61 structures, but is not a wireless services provider. 62 14. “Wireless provider” means a wireless infrastructure 63 provider or a wireless services provider. 64 15. “Wireless services” means any services provided using 65 licensed or unlicensed spectrum, whether at a fixed location or 66 mobile, using wireless facilities. 67 16. “Wireless services provider” means a person who 68 provides wireless services. 69 17. “Wireless support structure” means a freestanding 70 structure, such as a monopole, a guyed or self-supporting tower, 71 a billboard, or another existing or proposed structure designed 72 to support or capable of supporting wireless facilities. The 73 term does not include a utility pole. 74 (c) Except as provided in this subsection, an authority may 75 not prohibit, regulate, or charge for the collocation of small 76 wireless facilities in the public rights-of-way. 77 (d) An authority may require permit fees only in accordance 78 with subsection (3). An authority shall accept applications for 79 permits and shall process and issue permits subject to the 80 following requirements: 81 1. An authority may not directly or indirectly require an 82 applicant to perform services unrelated to the collocation for 83 which approval is sought, such as in-kind contributions to the 84 authority, including reserving fiber, conduit, or pole space for 85 the authority. 86 2. An applicant may not be required to provide more 87 information to obtain a permit than is required of electric 88 service providers and other communications service providers 89 that are not wireless services providers. 90 3. An authority may not require the placement of small 91 wireless facilities on any specific utility pole or category of 92 poles or require multiple antenna systems on a single utility 93 pole. 94 4. An authority may not limit the placement of small 95 wireless facilities by minimum separation distances. 96 5. An authority may limit the height of a small wireless 97 facility to be no more than 10 feet above the tallest existing 98 utility pole within 500 feet, measured from grade in place, of 99 the proposed location of the small wireless facility. If there 100 is no utility pole within 500 feet, the authority may limit the 101 height of the small wireless facility to be no more than 60 102 feet. The height limitations do not apply to the placement of 103 any small wireless facility on a utility pole or wireless 104 support structure constructed on or before June 30, 2017, if the 105 small wireless facility does not extend more than 10 feet above 106 the structure. 107 6. A wireless infrastructure provider may apply to an 108 authority to place utility poles or wireless support structures 109 in the public rights-of-way to support the collocation of small 110 wireless facilities. The application must include an attestation 111 that small wireless facilities will be collocated on the utility 112 pole or structure and small wireless facilities will be used by 113 a wireless services provider to provide service within 9 months 114 after the date the application is granted. An authority shall 115 accept and process the application in accordance with this 116 paragraph and any applicable local codes governing the placement 117 of utility poles in the public rights-of-way. 118 7. Within 10 days after receiving an application, an 119 authority must determine and notify the applicant by electronic 120 mail as to whether the application is complete. If an 121 application is deemed incomplete, the authority must 122 specifically identify the missing information. An application is 123 deemed complete if the authority fails to provide notification 124 to the applicant within 10 days or when all documents, 125 information, and fees specifically enumerated in the authority’s 126 permit application form are submitted by the applicant to the 127 authority. 128 8. An application must be processed on a nondiscriminatory 129 basis. A complete application is deemed approved if an authority 130 fails to approve or deny the application within 60 days after 131 receipt of the application. 132 9. An authority must notify the applicant of approval or 133 denial by electronic mail. An authority shall approve a complete 134 application unless it does not meet the authority’s applicable 135 codes. If the application is denied, the authority must specify 136 in writing the basis for denial, including the specific code 137 provisions on which the denial was based, and send the 138 documentation to the applicant by electronic mail on the day the 139 authority denies the application. The applicant may cure the 140 deficiencies identified by the authority and resubmit the 141 application within 30 days after notice of the denial is sent to 142 the applicant. The authority shall approve or deny the revised 143 application within 30 days after receipt or the application is 144 deemed approved. Any subsequent review shall be limited to the 145 deficiencies cited in the denial. 146 10. An applicant seeking to collocate small wireless 147 facilities within the jurisdiction of a single authority may, at 148 the applicant’s discretion, file a consolidated application and 149 receive a single permit for the collocation of multiple small 150 wireless facilities. 151 (e) An authority may not require approval, fees, or other 152 charges for: 153 1. Routine maintenance; 154 2. Replacement of existing wireless facilities with 155 wireless facilities that are substantially similar or of the 156 same or smaller size; or 157 3. Installation, placement, maintenance, or replacement of 158 micro wireless facilities that are suspended on cables strung 159 between existing utility poles in compliance with applicable 160 codes by a communications service provider that is authorized to 161 occupy the rights-of-way and that is remitting taxes under 162 chapter 202. 163 (f) An authority shall approve the collocation of small 164 wireless facilities on authority utility poles, subject to the 165 following requirements: 166 1. An authority may not enter into an exclusive arrangement 167 with any person for the right to attach equipment to authority 168 utility poles. 169 2. The rates and fees for collocations on authority utility 170 poles must be nondiscriminatory, regardless of the services 171 provided by the collocating person. 172 3. The rate to collocate equipment on authority utility 173 poles may not exceed the lesser of the annual recurring rate 174 that would be permitted under rules adopted by the FCC under 47 175 U.S.C. s. 224(d) if the collocation rate were regulated by the 176 FCC or $15 per year per authority utility pole. 177 4. If an authority has an existing pole attachment rate, 178 fee, or other term that does not comply with this subsection, 179 the authority shall, no later than January 1, 2018, revise such 180 rate, fee, or term to be in compliance with this subsection. 181 5. A person owning or controlling an authority utility pole 182 shall offer rates, fees, and other terms that comply with this 183 subsection. By the later of January 1, 2018, or 3 months after 184 receiving a request to collocate its first small wireless 185 facility on a utility pole owned or controlled by an authority, 186 the person owning or controlling the authority utility pole 187 shall make available, through ordinance or otherwise, rates, 188 fees, and terms for the collocation of small wireless facilities 189 on the authority utility pole which comply with this subsection. 190 a. The rates, fees, and terms must be nondiscriminatory, 191 competitively neutral, and commercially reasonable and must 192 comply with this subsection. 193 b. For an authority utility pole that supports an aerial 194 facility used to provide communications services or electric 195 service, the parties shall comply with the process for make 196 ready work under 47 U.S.C. s. 224 and implementing regulations. 197 The good faith estimate of the person owning or controlling the 198 pole for any make-ready work necessary to enable the pole to 199 support the requested collocation must include pole replacement 200 if necessary. 201 c. For an authority utility pole that does not support an 202 aerial facility used to provide communications services or 203 electric service, the authority shall provide a good faith 204 estimate for any make-ready work necessary to enable the pole to 205 support the requested collocation, including necessary pole 206 replacement, within 60 days after receipt of a complete 207 application. Make-ready work, including any pole replacement, 208 must be completed within 60 days after written acceptance of the 209 good faith estimate by the applicant. 210 d. An authority may not require more make-ready work than 211 is required to meet applicable codes or industry standards. Fees 212 for make-ready work may not include costs related to preexisting 213 damage or prior noncompliance. Fees for make-ready work, 214 including any pole replacement, may not exceed actual costs or 215 the amount charged to communications service providers other 216 than wireless services providers for similar work and may not 217 include any consultant fee or expense. 218 (g) Except as provided in this chapter or specifically 219 required by state law, an authority may not adopt or enforce any 220 regulation on the placement or operation of communications 221 facilities in the rights-of-way by a provider authorized by 222 state law to operate in the rights-of-way and may not regulate 223 any communications services or impose or collect any tax, fee, 224 or charge not specifically authorized under state law. 225 (h) This subsection does not authorize a person to 226 collocate small wireless facilities on a privately owned utility 227 pole, a utility pole owned by an electric cooperative or by a 228 municipal electric utility, a privately owned wireless support 229 structure, or other private property without the consent of the 230 property owner. 231 (i) This subsection does not authorize a person to 232 collocate or attach small wireless facilities or micro wireless 233 facilities on a utility pole or erect a wireless support 234 structure in the right-of-way located within a retirement 235 community that: 236 a. Is deed-restricted as housing for older persons as 237 defined in s. 760.29(4)(b); 238 b. Has more than 5,000 residents; and 239 c. Has underground utilities for electric transmission or 240 distribution. 241 (j) This subsection may not be construed to limit a local 242 government’s authority to enforce historic preservation zoning 243 regulations consistent with the preservation of local zoning 244 authority under 47 U.S.C s. 332(c)(7), the requirements for 245 facility modifications under 47 U.S.C. s. 1455(a), or the 246 National Historic Preservation Act of 1966, as amended; and the 247 regulations adopted to implement these laws.