Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 596
       
       
       
       
       
       
                                Ì219028.Î219028                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/19/2017           .                                
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       The Committee on Rules (Hutson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (1) of section
    6  337.401, Florida Statutes, is amended, and subsection (7) is
    7  added to that section, to read:
    8         337.401 Use of right-of-way for utilities subject to
    9  regulation; permit; fees.—
   10         (1)(a) The department and local governmental entities,
   11  referred to in this section and in ss. 337.402, 337.403, and
   12  337.404 as the “authority,” that have jurisdiction and control
   13  of public roads or publicly owned rail corridors are authorized
   14  to prescribe and enforce reasonable rules or regulations with
   15  reference to the placing and maintaining across, on, or within
   16  the right-of-way limits of any road or publicly owned rail
   17  corridors under their respective jurisdictions any electric
   18  transmission, voice telephone, telegraph, data, or other
   19  communications services lines or wireless facilities; pole
   20  lines; poles; railways; ditches; sewers; water, heat, or gas
   21  mains; pipelines; fences; gasoline tanks and pumps; or other
   22  structures referred to in this section and in ss. 337.402,
   23  337.403, and 337.404 as the “utility.” The department may enter
   24  into a permit-delegation agreement with a governmental entity if
   25  issuance of a permit is based on requirements that the
   26  department finds will ensure the safety and integrity of
   27  facilities of the Department of Transportation; however, the
   28  permit-delegation agreement does not apply to facilities of
   29  electric utilities as defined in s. 366.02(2).
   30         (7)(a) This subsection may be cited as the “Advanced
   31  Wireless Infrastructure Deployment Act.”
   32         (b) As used in this subsection, the term:
   33         1. “Antenna” means communications equipment that transmits
   34  or receives electromagnetic radio frequency signals used in
   35  providing wireless services.
   36         2. “Applicable codes” means uniform building, fire,
   37  electrical, plumbing, or mechanical codes adopted by a
   38  recognized national code organization or local amendments to
   39  those codes enacted solely to address threats of destruction of
   40  property or injury to persons, or local codes or ordinances
   41  adopted to implement this subsection. The term includes
   42  objective design standards adopted by ordinance which may
   43  require that a new utility pole replacing an existing utility
   44  pole be of substantially similar design, material, and color, or
   45  that ground-mounted equipment meet reasonable spacing
   46  requirements. The term includes objective design standards
   47  adopted by ordinance which may require a small wireless facility
   48  to meet reasonable location context, color, stealth, and
   49  concealment requirements; however, the authority may waive the
   50  design standards upon a showing that the design standards are
   51  not reasonably compatible for the particular location of a small
   52  wireless facility or that the design standards impose an
   53  excessive expense. The waiver must be granted or denied within
   54  45 days after the date of the waiver request or it is deemed
   55  granted.
   56         3. “Applicant” means a person who submits an application
   57  and is a wireless provider.
   58         4. “Application” means a request submitted by an applicant
   59  to an authority for a permit to collocate small wireless
   60  facilities.
   61         5. “Authority” means a county or municipality having
   62  jurisdiction and control of the rights-of-way of any public
   63  roads. The term does not include the Florida Department of
   64  Transportation. The Florida Department of Transportation rights
   65  of-way are excluded from this subsection.
   66         6. “Authority utility pole” means a utility pole owned by
   67  an authority in the right-of-way. The term does not include a
   68  utility pole owned by a municipal electric utility or any
   69  utility pole used to support municipally owned or operated
   70  electric distribution facilities, or a utility pole located in
   71  the right-of-way within:
   72         a. A retirement community that:
   73         (I) Is deed-restricted as housing for older persons as
   74  defined in s. 760.29(4)(b);
   75         (II) Has more than 5,000 residents; and
   76         (III) Has underground utilities for electric transmission
   77  or distribution.
   78         b. A municipality that:
   79         (I) Is located on a coastal barrier island as defined in s.
   80  161.053(1)(b)(3);
   81         (II) Has a land area of less than 5 square miles;
   82         (III) Has fewer than 10,000 residents; and
   83         (IV) Which has, before the adoption of this act, received
   84  referendum approval to issue debt to finance municipality-wide
   85  underground utilities for electric transmission or distribution.
   86         7. “Collocate” or “collocation” means to install, mount,
   87  maintain, modify, operate, or replace one or more wireless
   88  facilities on, under, within, or adjacent to a wireless support
   89  structure or utility pole. The term does not include the
   90  installation of a utility pole or wireless support structure in
   91  the public rights-of-way.
   92         8. “FCC” means the Federal Communications Commission.
   93         9.“Micro wireless facility” means a small wireless
   94  facility having dimensions no larger than 24 inches in length,
   95  15 inches in width, and 12 inches in height and an exterior
   96  antenna, if any, no longer than 11 inches.
   97         10. “Small wireless facility” means a wireless facility
   98  that meets the following qualifications:
   99         a.Each antenna associated with the facility is located
  100  inside an enclosure of no more than 6 cubic feet in volume or,
  101  in the case of antennas that have exposed elements, each antenna
  102  and all of its exposed elements could fit within an enclosure of
  103  no more than 6 cubic feet in volume; and
  104         b.All other wireless equipment associated with the
  105  facility is cumulatively no more than 28 cubic feet in volume.
  106  The following types of associated ancillary equipment are not
  107  included in the calculation of equipment volume: electric
  108  meters, concealment elements, telecommunications demarcation
  109  boxes, ground-based enclosures, grounding equipment, power
  110  transfer switches, cutoff switches, vertical cable runs for the
  111  connection of power and other services, and utility poles or
  112  other support structures.
  113         11.“Utility pole” means a pole or similar structure used
  114  in whole or in part to provide communications services or for
  115  electric distribution, lighting, traffic control, signage, or a
  116  similar function. The term includes the vertical support
  117  structure for traffic lights, but does not include any
  118  horizontal structures upon which are attached signal lights or
  119  other traffic control devices and does not include any pole or
  120  similar structure 15 feet in height or less unless an authority
  121  grants a waiver for the pole.
  122         12. “Wireless facility” means equipment at a fixed location
  123  which enables wireless communications between user equipment and
  124  a communications network, including radio transceivers,
  125  antennas, wires, coaxial or fiber-optic cable or other cables,
  126  regular and backup power supplies, and comparable equipment,
  127  regardless of technological configuration, and equipment
  128  associated with wireless communications. The term includes small
  129  wireless facilities. The term does not include:
  130         a. The structure or improvements on, under, within, or
  131  adjacent to the structure on which the equipment is collocated;
  132         b. Wireline backhaul facilities; or
  133         c. Coaxial or fiber-optic cable that is between wireless
  134  structures or utility poles or that is otherwise not immediately
  135  adjacent to or directly associated with a particular antenna.
  136         13. “Wireless infrastructure provider” means a person who
  137  is certificated to provide telecommunications service in the
  138  state and who builds or installs wireless communication
  139  transmission equipment, wireless facilities, or wireless support
  140  structures, but is not a wireless services provider.
  141         14. “Wireless provider” means a wireless infrastructure
  142  provider or a wireless services provider.
  143         15. “Wireless services” means any services provided using
  144  licensed or unlicensed spectrum, whether at a fixed location or
  145  mobile, using wireless facilities.
  146         16. “Wireless services provider” means a person who
  147  provides wireless services.
  148         17. “Wireless support structure” means a freestanding
  149  structure, such as a monopole, a guyed or self-supporting tower
  150  or another existing or proposed structure designed to support or
  151  capable of supporting wireless facilities. The term does not
  152  include a utility pole.
  153         (c) Except as provided in this subsection, an authority may
  154  not prohibit, regulate, or charge for the collocation of small
  155  wireless facilities in the public rights-of-way.
  156         (d) An authority may require a registration process and
  157  permit fees in accordance with subsection (3). An authority
  158  shall accept applications for permits and shall process and
  159  issue permits subject to the following requirements:
  160         1. An authority may not directly or indirectly require an
  161  applicant to perform services unrelated to the collocation for
  162  which approval is sought, such as in-kind contributions to the
  163  authority, including reserving fiber, conduit, or pole space for
  164  the authority.
  165         2. An applicant may not be required to provide more
  166  information to obtain a permit than is necessary to demonstrate
  167  the applicant’s compliance with applicable codes for the
  168  placement of small wireless facilities in the locations
  169  identified in the application.
  170         3. An authority may not require the placement of small
  171  wireless facilities on any specific utility pole or category of
  172  poles or require multiple antenna systems on a single utility
  173  pole.
  174         4. An authority may not limit the placement of small
  175  wireless facilities by minimum separation distances; however,
  176  within 14 days from the date of filing the application, an
  177  authority may request that the proposed location of a small
  178  wireless facility be moved to another location in the right-of
  179  way and placed upon an alternative authority utility pole or
  180  support structure or placed upon a new utility pole. The
  181  authority and applicant may negotiate the alternate location,
  182  including any objective design standards, for 30 days from the
  183  date of the request. At the conclusion of the negotiation
  184  period, if the applicant accepts the alternative location, the
  185  applicant must notify the authority and the application shall be
  186  deemed granted for any new location for which there is agreement
  187  and all other locations in the application. If no agreement is
  188  reached, the applicant must notify the authority and the
  189  authority must grant or deny the original application within 90
  190  days from the date the application was filed. A request for an
  191  alternative location, an acceptance of an alternate location, or
  192  any rejection of an alternative location must be in writing and
  193  provided by electronic mail.
  194         5. An authority may limit the height of a small wireless
  195  facility to no more than 10 feet above the utility pole or
  196  structure upon which the small wireless facility is to be
  197  collocated. Unless waived by an authority, the height for a new
  198  utility pole may be limited to the tallest existing utility pole
  199  located in the right-of-way, measured from grade in place within
  200  500 feet of the proposed location of the small wireless
  201  facility. If there is no utility pole within 500 feet, the
  202  authority may limit the height of the utility pole to no more
  203  than 50 feet.
  204         6. Except as provided in subparagraphs 4. and 5., the
  205  installation of a utility pole in the public rights-of-way
  206  designed to support a small wireless facility is subject to
  207  authority rules or regulations governing the placement of
  208  utility poles in the public rights-of-way and is subject to the
  209  application review timeframes in in this subsection.
  210         7. Within 14 days after receiving an application, an
  211  authority must determine and notify the applicant by electronic
  212  mail as to whether the application is complete. If an
  213  application is deemed incomplete, the authority must
  214  specifically identify the missing information. An application is
  215  deemed complete if the authority fails to provide notification
  216  to the applicant within 14 days or when all documents,
  217  information, and fees specifically enumerated in the authority’s
  218  permit application form are submitted by the applicant to the
  219  authority.
  220         8. An application must be processed on a nondiscriminatory
  221  basis. A complete application is deemed approved if an authority
  222  fails to approve or deny the application within 60 days after
  223  receipt of the application. If an authority does not use the 30
  224  day negotiation period provided in subparagraph 4., the parties
  225  may mutually agree to extend the 60-day application review
  226  period. The authority must grant or deny the application at the
  227  end of the extended period. A permit issued pursuant to an
  228  approved application remains effective for 1 year unless
  229  extended by the authority.
  230         9.An authority must notify the applicant of approval or
  231  denial by electronic mail. An authority must approve a complete
  232  application unless it does not meet the authority’s applicable
  233  codes. If the application is denied, the authority must specify
  234  in writing the basis for denial, including the specific code
  235  provisions on which the denial was based, and send the
  236  documentation to the applicant by electronic mail on the day the
  237  authority denies the application. The applicant may cure the
  238  deficiencies identified by the authority and resubmit the
  239  application within 30 days after notice of the denial is sent to
  240  the applicant. The authority must approve or deny the revised
  241  application within 30 days after receipt or the application is
  242  deemed approved. Any subsequent review shall be limited to the
  243  deficiencies cited in the denial.
  244         10. An applicant seeking to collocate small wireless
  245  facilities within the jurisdiction of a single authority may, at
  246  the applicant’s discretion, file a consolidated application and
  247  receive a single permit for the collocation of no more than 30
  248  small wireless facilities. If the application includes multiple
  249  small wireless facilities, an authority may remove small
  250  wireless facility collocations from the application and treat
  251  separately small wireless facility collocations for which
  252  incomplete information has been received or which are denied.
  253         11. An authority may deny a proposed collocation of a small
  254  wireless facility in the public rights-of-way if the proposed
  255  collocation:
  256         a. Materially interferes with the safe operation of traffic
  257  control equipment.
  258         b. Materially interferes with sight lines or clear zones
  259  for transportation, pedestrians, or public safety purposes.
  260         c. Materially interferes with compliance with the Americans
  261  with Disabilities Act or similar federal or state standards
  262  regarding pedestrian access or movement.
  263         d. Materially fails to comply with the 2010 edition of the
  264  Florida Department of Transportation Utility Accommodation
  265  Manual.
  266         e. Materially fails to comply with applicable codes.
  267         12. An authority may adopt by ordinance provisions for
  268  registration, permitting, insurance coverage, indemnification,
  269  performance bonds, security funds, force majeure, abandonment,
  270  authority liability, or authority warranties. Such provisions
  271  must be reasonable and nondiscriminatory.
  272         13. Collocation of a small wireless facility on an
  273  authority utility pole may not provide the basis for the
  274  imposition of an ad valorem tax on the authority utility pole.
  275         14. An authority may reserve space on authority utility
  276  poles for future public safety uses. However, a reservation of
  277  space may not preclude collocation of a small wireless facility.
  278  If replacement of the authority utility pole is necessary to
  279  accommodate the collocation of the small wireless facility and
  280  the future public safety use, the pole replacement is subject to
  281  make-ready provisions and the replaced pole shall accommodate
  282  the future public safety use.
  283         15. Any structure granted a permit and installed pursuant
  284  to this subsection must comply with chapter 333 and federal
  285  regulations pertaining to airport airspace protections.
  286         (e)An authority may not require approval of or impose fees
  287  or other charges for:
  288         1. Routine maintenance;
  289         2. Replacement of existing wireless facilities with
  290  wireless facilities that are substantially similar or of the
  291  same or smaller size; or
  292         3. Installation, placement, maintenance, or replacement of
  293  micro wireless facilities suspended on cables strung between
  294  existing utility poles in compliance with applicable codes by a
  295  communications service provider authorized to occupy the rights
  296  of-way and who is remitting taxes under chapter 202.
  297  
  298  However, notwithstanding this paragraph, an authority may
  299  require a right-of-way permit for work that involves excavation,
  300  closing a sidewalk, or closing a vehicular lane.
  301         (f) Collocation of small wireless facilities on authority
  302  utility poles is subject to the following requirements:
  303         1. An authority may not enter into an exclusive arrangement
  304  with any person for the right to attach equipment to authority
  305  utility poles.
  306         2. The rates and fees for collocations on authority utility
  307  poles must be nondiscriminatory, regardless of the services
  308  provided by the collocating person.
  309         3. The rate to collocate small wireless facilities on
  310  authority utility poles may not exceed $100 per year.
  311         4.Agreements between authorities and wireless providers
  312  which are in effect on July 1, 2017, and which relate to the
  313  collocation of small wireless facilities in the right-of-way,
  314  including the collocation of small wireless facilities on
  315  authority utility poles, remain in effect, subject to applicable
  316  termination provisions. The wireless provider may accept the
  317  rates, fees, and terms established under this subsection for
  318  small wireless facilities and utility poles that are the subject
  319  of an application submitted after the rates, fees, and terms
  320  become effective.
  321         5. A person owning or controlling an authority utility pole
  322  shall offer rates, fees, and other terms that comply with this
  323  subsection. By the later of January 1, 2018, or 3 months after
  324  receiving a request to collocate its first small wireless
  325  facility on a utility pole owned or controlled by an authority,
  326  the person owning or controlling the authority utility pole
  327  shall make available, through ordinance or otherwise, rates,
  328  fees, and terms for the collocation of small wireless facilities
  329  on the authority utility pole which comply with this subsection.
  330         a. The rates, fees, and terms must be nondiscriminatory,
  331  competitively neutral, and must comply with this subsection.
  332         b. For an authority utility pole that supports an aerial
  333  facility used to provide communications services or electric
  334  service, the parties shall comply with the process for make
  335  ready work under 47 U.S.C. s. 224 and implementing regulations.
  336  The good faith estimate of the person owning or controlling the
  337  pole for any make-ready work necessary to enable the pole to
  338  support the requested collocation must include pole replacement
  339  if necessary.
  340         c. For an authority utility pole that does not support an
  341  aerial facility used to provide communications services or
  342  electric service, the authority shall provide a good faith
  343  estimate for any make-ready work necessary to enable the pole to
  344  support the requested collocation, including necessary pole
  345  replacement, within 60 days after receipt of a complete
  346  application. Make-ready work, including any pole replacement,
  347  must be completed within 60 days after written acceptance of the
  348  good faith estimate by the applicant. Alternatively, an
  349  authority may require the applicant seeking to collocate a small
  350  wireless facility to provide a make-ready estimate at the
  351  applicant’s expense for the work necessary to support the small
  352  wireless facility, including pole replacement, and to perform
  353  the make-ready work. If pole replacement is required, the scope
  354  of the make-ready estimate is limited to the design,
  355  fabrication, and installation of a utility pole that is
  356  substantially similar in color and composition. The authority
  357  may not impose conditions on or restrict the manner in which the
  358  applicant obtains, develops, or provides the estimate or
  359  conducts the make-ready work subject to usual construction
  360  restoration standards for work in the right-of-way. The replaced
  361  or altered utility pole shall remain the property of the
  362  authority.
  363         d.An authority may not require more make-ready work than
  364  is required to meet applicable codes or industry standards. Fees
  365  for make-ready work may not include costs related to preexisting
  366  damage or prior noncompliance. Fees for make-ready work,
  367  including any pole replacement, may not exceed actual costs or
  368  the amount charged to communications service providers other
  369  than wireless services providers for similar work and may not
  370  include any consultant fee or expense.
  371         (g) For any applications filed before the effective dates
  372  of ordinances implementing this subsection, an authority may
  373  apply current ordinances regulating the placement of
  374  communications facilities in the right-of-way, including
  375  registration, permitting, insurance coverage, indemnification,
  376  performance bonds, security funds, force majeure, abandonment,
  377  authority liability, or authority warranties. Permit application
  378  requirements and small wireless facility placement requirements,
  379  including utility pole height limits, which conflict with this
  380  subsection shall be waived by the authority.
  381         (h) Except as provided in this section or specifically
  382  required by state law, an authority may not adopt or enforce any
  383  regulation on the placement or operation of communications
  384  facilities in the rights-of-way by a provider authorized by
  385  state law to operate in the rights-of-way and may not regulate
  386  any communications services or impose or collect any tax, fee,
  387  or charge not specifically authorized under state law.
  388         (i) A wireless provider shall, in relation to a small
  389  wireless facility, utility pole, or wireless support structure
  390  in the public rights-of-way, comply with nondiscriminatory
  391  undergrounding requirements of the authority which prohibit
  392  above-ground structures in public rights-of-way. Any such
  393  requirements may be waived by the relevant authority.
  394         (j) A wireless infrastructure provider may apply to an
  395  authority to place utility poles in the public rights-of-way to
  396  support the collocation of small wireless facilities. The
  397  application must include an attestation that small wireless
  398  facilities will be collocated on the utility pole or structure
  399  and small wireless facilities will be used by a wireless
  400  services provider to provide service within 9 months from the
  401  date the application is granted. An authority shall accept and
  402  process the application in accordance with subparagraph (7)(d)6.
  403  and any applicable codes and other local codes governing the
  404  placement of utility poles in the public rights-of-way.
  405         (k) This subsection does not limit a local government’s
  406  authority to enforce historic preservation zoning regulations
  407  consistent with the preservation of local zoning authority under
  408  47 U.S.C s. 332(c)(7), the requirements for facility
  409  modifications under 47 U.S.C. s. 1455(a), or the National
  410  Historic Preservation Act of 1966, as amended, and the
  411  regulations adopted to implement these laws. An authority may
  412  enforce local codes adopted by ordinance in effect on April 1,
  413  2017, which are applicable to a historic area designated by the
  414  state or authority and subject to waiver by the authority.
  415         (l) This subsection does not authorize a person to
  416  collocate or attach wireless facilities, including any antenna,
  417  micro wireless facility, or small wireless facility, on a
  418  privately owned utility pole, a utility pole owned by an
  419  electric cooperative or a municipal electric utility, a
  420  privately owned wireless support structure, or other private
  421  property without the consent of the property owner.
  422         (m) The approval of the installation, placement,
  423  maintenance, or operation of a small wireless facility pursuant
  424  to this subsection may not be construed to authorize the
  425  provision of any voice, data, or video communications services
  426  or the installation, placement, maintenance, or operation of any
  427  communications facilities other than small wireless facilities
  428  in the right-of-way.
  429         (n) This subsection does not affect the provisions of
  430  subsection (6) relating to pass-through providers.
  431         (o)This subsection does not authorize a person to
  432  collocate or attach small wireless facilities or micro wireless
  433  facilities on a utility pole unless otherwise permitted by
  434  federal law, or to erect a wireless support structure in the
  435  right-of-way located within a retirement community that:
  436         1. Is deed-restricted as housing for older persons as
  437  defined in s. 760.29(4)(b);
  438         2. Has more than 5,000 residents; and
  439         3. Has underground utilities for electric transmission or
  440  distribution.
  441  
  442  Nothing in this paragraph applies to the installation of micro
  443  wireless facilities on any existing and duly authorized aerial
  444  communications facilities, provided that once aerial facilities
  445  are converted to underground, any such collocation or
  446  construction shall be only as provided by the municipality’s
  447  underground utilities ordinance.
  448         (p) This subsection does not authorize a person to
  449  collocate or attach small wireless facilities or micro wireless
  450  facilities on a utility pole unless otherwise permitted by
  451  federal law, or to erect a wireless support structure in the
  452  right-of-way located within a municipality that:
  453         1. Is located on a coastal barrier island as defined in s.
  454  161.053(1)(b)3.;
  455         2. Has a land area of less than 5 square miles;
  456         3. Has fewer than 10,000 residents; and
  457         4. Which has, before the adoption of this act, received
  458  referendum approval to issue debt to finance municipality-wide
  459  undergrounding of its utilities for electric transmission or
  460  distribution.
  461  
  462  Nothing in this paragraph applies to the installation of micro
  463  wireless facilities on any existing and duly authorized aerial
  464  communications facilities, provided that once aerial facilities
  465  are converted to underground, any such collocation or
  466  construction shall be only as provided by the municipality’s
  467  underground utilities ordinance.
  468         Section 2. This act shall take effect July 1, 2017.
  469  
  470  ================= T I T L E  A M E N D M E N T ================
  471  And the title is amended as follows:
  472         Delete everything before the enacting clause
  473  and insert:
  474                        A bill to be entitled                      
  475         An act relating to utilities; amending s. 337.401,
  476         F.S.; authorizing the Department of Transportation and
  477         certain local governmental entities to prescribe and
  478         enforce reasonable rules or regulations with reference
  479         to the placing and maintaining across, on, or within
  480         the right-of-way limits of any road or publicly owned
  481         rail corridors under their respective jurisdictions
  482         any voice or data communications services lines or
  483         wireless facilities; providing a short title; defining
  484         terms; prohibiting a county or municipality having
  485         jurisdiction and control of the rights-of-way of any
  486         public road, referred to as the “authority,” from
  487         prohibiting, regulating, or charging for the
  488         collocation of small wireless facilities in public
  489         rights-of-way under certain circumstances; authorizing
  490         an authority to require a registration process and
  491         permit fees only under certain circumstances;
  492         requiring an authority to receive and process
  493         applications for permits and to issue such permits,
  494         subject to specified requirements; prohibiting an
  495         authority from requiring approval of or imposing fees
  496         or other charges for routine maintenance, the
  497         replacement of certain wireless facilities, or the
  498         installation, placement, maintenance, or replacement
  499         of certain micro wireless facilities; providing an
  500         exception; providing requirements for the collocation
  501         of small wireless facilities on authority utility
  502         poles; providing requirements for rates, fees, and
  503         other terms related to authority utility poles;
  504         authorizing an authority to apply current ordinances
  505         regulating placement of communications facilities in
  506         the right-of-way, including registration, permitting,
  507         insurance coverage, indemnification, performance
  508         bonds, security funds, force majeure, abandonment,
  509         authority liability, or authority warranties for
  510         certain applications; providing that certain permit
  511         application requirements and small wireless facility
  512         placement requirements shall be waived by the
  513         authority; prohibiting an authority from adopting or
  514         enforcing any regulation on the placement or operation
  515         of certain communications facilities, from regulating
  516         any communications services, or from imposing or
  517         collecting any tax, fee, or charge not specifically
  518         authorized under state law; requiring a wireless
  519         provider to comply with certain nondiscriminatory
  520         undergrounding requirements of the authority;
  521         authorizing the authority to waive any such
  522         requirements; authorizing a wireless infrastructure
  523         provider to apply to an authority to place utility
  524         poles in the public rights-of-way to support the
  525         collocation of small wireless facilities; providing
  526         requirements for such application; requiring the
  527         authority to accept and process the application,
  528         subject to certain requirements; providing
  529         construction; authorizing an authority to enforce
  530         local codes adopted by ordinance in effect on a
  531         specified date which are applicable to a historic area
  532         designated by the state or authority and subject to
  533         waiver by the authority; providing an effective date.