SB 425

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 for the construction, operation, or

maintenance of small wireless facilities, wireless support structures, or for 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 small

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, drainage, maintenance, or the public

health or 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 small

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

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 small

wireless facilities and structures.

Collocation

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