Bills · 2017-2018 Regular Session

AB 348

Died at session end Official bill text Atom feed

Relating to: limiting the authority of the state and political subdivisions to regulate wireless facilities and authorizing political subdivisions to impose setback requirements for certain mobile service support structures. (FE)

Contracts Cooperative educational service agency County Municipality — Planning Road Telecommunications Telephone Tenure Town Village Vocational rehabilitation

Introduced, stopped here
Passes Assembly, not reached
Passes Senate, not reached
Governor signs, not reached
Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

This bill creates a regulatory framework for the state and political subdivisions

(cities, villages, towns, and counties) for the deployment of wireless equipment and

facilities, including the placement of such items in rights-of-way (ROW), the

collocation of such facilities on existing poles and structures, the regulation of access

to governmental structures by wireless services and infrastructure providers, and

limitations on local authority to regulate such activities. The bill also authorizes

political subdivisions to impose setback requirements for certain mobile service

support structures.

Rights-of-way

With regard to ROW, the bill does the following:

1. Prohibits the state and political subdivisions from entering into an exclusive

agreement with any person for the use of ROW or the construction, operation, or

maintenance of wireless facilities, wireless support structures, or the collocation of

small wireless facilities (collectively, wireless facilities and structures). The bill

defines “wireless facility” as equipment at a fixed location that enables wireless

service between user equipment and a wireless network. Under the bill, a “small

wireless facility” is a facility that has specified dimensions.

2. Provides that the state and political subdivisions may impose rates or fees

on wireless providers only if they charge other communications service providers or

utilities for the use of ROW, subject to a number of conditions and limitations.

3. Subject to a number of exceptions, and notwithstanding a political

subdivision's zoning ordinances, authorizes a wireless provider to collocate wireless

facilities and construct, modify, maintain, and operate (collectively, construct and

operate) utility poles, wireless support structures, cable, and related appurtenances

and facilities along, across, upon, and under ROW, provided such activity does not

obstruct or hinder travel or public safety or impede other uses of ROW by

communications service providers, public utilities, or cooperatives.

4. Limits the height of utility poles, wireless support structures, and wireless

facilities. With regard to the rights of a wireless provider to construct wireless

facilities or modify utility poles, wireless support structures, and related

appurtenances, the bill allows a political subdivision to propose an alternate location

within 50 feet of the proposed location, which the wireless provider must use if it has

the right to do so and the alternate location is reasonable and does not impose

additional cost or technical issues, as determined by the wireless provider.

5. Allows the state or political subdivisions to require a wireless provider to

repair all damage that is directly caused by its activities in ROW that involve

wireless facilities and structures.

Collocation of small wireless facilities

With regard to the activities of a wireless provider within and outside a ROW,

the bill does the following:

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Fiscal Estimate From PSC