SB 239

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

(cities, villages, towns, and counties) for the following: 1) the deployment by wireless

services and infrastructure providers (wireless providers) of wireless equipment and

facilities, including the placement of such items in rights-of-way (ROW); 2) the

permitting process for certain activities by wireless providers; 3) the regulation of

access to certain governmental structures by wireless providers; and 4) the

resolution of disputes. The bill also authorizes political subdivisions to impose

setback requirements for certain mobile service support structures.

Key terms

The bill creates definitions for the following terms that are used in the analysis

below:

1. “Small wireless facility” means specified antenna equipment at a fixed

location that enables wireless service and that meets size, height, and other

requirements.

2. “Utility pole” means any of the following: a pole used by a communications

service provider; a pole used for electric distribution, lighting, traffic control,

signage, or a similar function; or a pole used for collocating a small wireless facility.

3. “Collocate” means to place, mount, replace, modify, operate, or maintain a

small wireless facility on a utility pole or wireless support structure. “

Collocate” also

means to place, mount, replace, modify, operate, or maintain ground-mounted

antenna equipment adjacent to a utility pole or wireless support structure.

4. “Governmental pole” means a utility pole owned or operated by the state or

a political subdivision in ROW.

5. “Utility pole for designated services” (UPDS) means a governmental pole or

a utility pole owned or operated by a utility district that is used to carry electric

distribution lines or cables or wires for telecommunications, cable, or electric service.

6. “Wireless support structure” means a freestanding structure capable of

supporting small wireless facilities, but does not include a utility pole or a structure

designed solely for collocating small wireless facilities.

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.

2. Provides that the state and political subdivisions may impose

nondiscriminatory rates or fees on wireless providers only if they charge other

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

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