Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 596
                              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) 
    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.