Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 596
       
       
       
       
       
       
                                Ì395772DÎ395772                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/27/2017 11:21 AM       .                                
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       Senator Hutson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 145 - 538
    4  and insert:
    5         (IV) Has, before July 1, 2017, received referendum approval
    6  to issue debt to finance municipality-wide underground utilities
    7  for electric transmission or distribution.
    8         7. “Collocate” or “collocation” means to install, mount,
    9  maintain, modify, operate, or replace one or more wireless
   10  facilities on, under, within, or adjacent to a wireless support
   11  structure or utility pole. The term does not include the
   12  installation of a new utility pole or wireless support structure
   13  in the public rights-of-way.
   14         8. “FCC” means the Federal Communications Commission.
   15         9.“Micro wireless facility” means a small wireless
   16  facility having dimensions no larger than 24 inches in length,
   17  15 inches in width, and 12 inches in height and an exterior
   18  antenna, if any, no longer than 11 inches.
   19         10. “Small wireless facility” means a wireless facility
   20  that meets the following qualifications:
   21         a.Each antenna associated with the facility is located
   22  inside an enclosure of no more than 6 cubic feet in volume or,
   23  in the case of antennas that have exposed elements, each antenna
   24  and all of its exposed elements could fit within an enclosure of
   25  no more than 6 cubic feet in volume; and
   26         b.All other wireless equipment associated with the
   27  facility is cumulatively no more than 28 cubic feet in volume.
   28  The following types of associated ancillary equipment are not
   29  included in the calculation of equipment volume: electric
   30  meters, concealment elements, telecommunications demarcation
   31  boxes, ground-based enclosures, grounding equipment, power
   32  transfer switches, cutoff switches, vertical cable runs for the
   33  connection of power and other services, and utility poles or
   34  other support structures.
   35         11.“Utility pole” means a pole or similar structure used
   36  in whole or in part to provide communications services or for
   37  electric distribution, lighting, traffic control, signage, or a
   38  similar function. The term includes the vertical support
   39  structure for traffic lights, but does not include any
   40  horizontal structures upon which are attached signal lights or
   41  other traffic control devices and does not include any pole or
   42  similar structure 15 feet in height or less unless an authority
   43  grants a waiver for the pole.
   44         12. “Wireless facility” means equipment at a fixed location
   45  which enables wireless communications between user equipment and
   46  a communications network, including radio transceivers,
   47  antennas, wires, coaxial or fiber-optic cable or other cables,
   48  regular and backup power supplies, and comparable equipment,
   49  regardless of technological configuration, and equipment
   50  associated with wireless communications. The term includes small
   51  wireless facilities. The term does not include:
   52         a. The structure or improvements on, under, within, or
   53  adjacent to the structure on which the equipment is collocated;
   54         b. Wireline backhaul facilities; or
   55         c. Coaxial or fiber-optic cable that is between wireless
   56  structures or utility poles or that is otherwise not immediately
   57  adjacent to or directly associated with a particular antenna.
   58         13. “Wireless infrastructure provider” means a person who
   59  has been certificated to provide telecommunications service in
   60  the state and who builds or installs wireless communication
   61  transmission equipment, wireless facilities, or wireless support
   62  structures, but is not a wireless services provider.
   63         14. “Wireless provider” means a wireless infrastructure
   64  provider or a wireless services provider.
   65         15. “Wireless services” means any services provided using
   66  licensed or unlicensed spectrum, whether at a fixed location or
   67  mobile, using wireless facilities.
   68         16. “Wireless services provider” means a person who
   69  provides wireless services.
   70         17. “Wireless support structure” means a freestanding
   71  structure, such as a monopole, a guyed or self-supporting tower,
   72  or another existing or proposed structure designed to support or
   73  capable of supporting wireless facilities. The term does not
   74  include a utility pole.
   75         (c) Except as provided in this subsection, an authority may
   76  not prohibit, regulate, or charge for the collocation of small
   77  wireless facilities in the public rights-of-way.
   78         (d) An authority may require a registration process and
   79  permit fees in accordance with subsection (3). An authority
   80  shall accept applications for permits and shall process and
   81  issue permits subject to the following requirements:
   82         1. An authority may not directly or indirectly require an
   83  applicant to perform services unrelated to the collocation for
   84  which approval is sought, such as in-kind contributions to the
   85  authority, including reserving fiber, conduit, or pole space for
   86  the authority.
   87         2. An applicant may not be required to provide more
   88  information to obtain a permit than is necessary to demonstrate
   89  the applicant’s compliance with applicable codes for the
   90  placement of small wireless facilities in the locations
   91  identified in the application.
   92         3. An authority may not require the placement of small
   93  wireless facilities on any specific utility pole or category of
   94  poles or require multiple antenna systems on a single utility
   95  pole.
   96         4. An authority may not limit the placement of small
   97  wireless facilities by minimum separation distances; however,
   98  within 14 days after the date of filing the application, an
   99  authority may request that the proposed location of a small
  100  wireless facility be moved to another location in the right-of
  101  way and placed upon an alternative authority utility pole or
  102  support structure or placed upon a new utility pole. The
  103  authority and applicant may negotiate the alternative location,
  104  including any objective design standards, for 30 days after the
  105  date of the request. At the conclusion of the negotiation
  106  period, if the applicant accepts the alternative location, the
  107  applicant must notify the authority, and the application shall
  108  be deemed granted for any new location for which there is
  109  agreement and all other locations in the application. If no
  110  agreement is reached, the applicant must notify the authority,
  111  and the authority must grant or deny the original application
  112  within 90 days after the date the application is filed. A
  113  request for an alternative location, an acceptance of an
  114  alternative location, or any rejection of an alternative
  115  location must be in writing and provided by electronic mail.
  116         5. An authority shall limit the height of a small wireless
  117  facility to no more than 10 feet above the utility pole or
  118  structure upon which the small wireless facility is to be
  119  collocated. Unless waived by an authority, the height for a new
  120  utility pole is limited to the tallest existing utility pole as
  121  of July 1, 2017, located in the same right-of-way, other than a
  122  utility pole for which a waiver has previously been granted,
  123  measured from grade in place within 500 feet of the proposed
  124  location of the small wireless facility. If there is no utility
  125  pole within 500 feet, the authority shall limit the height of
  126  the utility pole to 50 feet.
  127         6. Except as provided in subparagraphs 4. and 5., the
  128  installation of a utility pole in the public rights-of-way
  129  designed to support a small wireless facility is subject to
  130  authority rules or regulations governing the placement of
  131  utility poles in the public rights-of-way and is subject to the
  132  application review timeframes in this subsection.
  133         7. Within 14 days after receiving an application, an
  134  authority must determine and notify the applicant by electronic
  135  mail as to whether the application is complete. If an
  136  application is deemed incomplete, the authority must
  137  specifically identify the missing information. An application is
  138  deemed complete if the authority fails to provide notification
  139  to the applicant within 14 days.
  140         8. An application must be processed on a nondiscriminatory
  141  basis. A complete application is deemed approved if an authority
  142  fails to approve or deny the application within 60 days after
  143  receipt of the application. If an authority does not use the 30
  144  day negotiation period provided in subparagraph 4., the parties
  145  may mutually agree to extend the 60-day application review
  146  period. The authority must grant or deny the application at the
  147  end of the extended period. A permit issued pursuant to an
  148  approved application remains effective for 1 year unless
  149  extended by the authority.
  150         9.An authority must notify the applicant of approval or
  151  denial by electronic mail. An authority must approve a complete
  152  application unless it does not meet the authority’s applicable
  153  codes. If the application is denied, the authority must specify
  154  in writing the basis for denial, including the specific code
  155  provisions on which the denial was based, and send the
  156  documentation to the applicant by electronic mail on the day the
  157  authority denies the application. The applicant may cure the
  158  deficiencies identified by the authority and resubmit the
  159  application within 30 days after notice of the denial is sent to
  160  the applicant. The authority must approve or deny the revised
  161  application within 30 days after receipt or the application is
  162  deemed approved. Any subsequent review shall be limited to the
  163  deficiencies cited in the denial.
  164         10. An applicant seeking to collocate small wireless
  165  facilities within the jurisdiction of a single authority may, at
  166  the applicant’s discretion, file a consolidated application and
  167  receive a single permit for the collocation of no more than 30
  168  small wireless facilities. If the application includes multiple
  169  small wireless facilities, an authority may remove small
  170  wireless facility collocations from the application and treat
  171  separately small wireless facility collocations for which
  172  incomplete information has been received or which are denied.
  173         11. An authority may deny a proposed collocation of a small
  174  wireless facility in the public rights-of-way if the proposed
  175  collocation:
  176         a. Materially interferes with the safe operation of traffic
  177  control equipment.
  178         b. Materially interferes with sight lines or clear zones
  179  for transportation, pedestrians, or public safety purposes.
  180         c. Materially interferes with compliance with the Americans
  181  with Disabilities Act or similar federal or state standards
  182  regarding pedestrian access or movement.
  183         d. Materially fails to comply with the 2010 edition of the
  184  Florida Department of Transportation Utility Accommodation
  185  Manual.
  186         e. Fails to comply with applicable codes.
  187         12. An authority may adopt by ordinance provisions for
  188  registration, permitting, insurance coverage, indemnification,
  189  performance bonds, security funds, force majeure, abandonment,
  190  authority liability, or authority warranties. Such provisions
  191  must be reasonable and nondiscriminatory.
  192         13. Collocation of a small wireless facility on an
  193  authority utility pole may not provide the basis for the
  194  imposition of an ad valorem tax on the authority utility pole.
  195         14. An authority may reserve space on authority utility
  196  poles for future public safety uses. However, a reservation of
  197  space may not preclude collocation of a small wireless facility.
  198  If replacement of the authority utility pole is necessary to
  199  accommodate the collocation of the small wireless facility and
  200  the future public safety use, the pole replacement is subject to
  201  make-ready provisions, and the replaced pole shall accommodate
  202  the future public safety use.
  203         15. Any structure granted a permit and installed pursuant
  204  to this subsection must comply with chapter 333 and federal
  205  regulations pertaining to airport airspace protections.
  206         (e)An authority may not require approval of or impose fees
  207  or other charges for:
  208         1. Routine maintenance;
  209         2. Replacement of existing wireless facilities with
  210  wireless facilities that are substantially similar or of the
  211  same or smaller size; or
  212         3. Installation, placement, maintenance, or replacement of
  213  micro wireless facilities suspended on cables strung between
  214  existing utility poles in compliance with applicable codes by a
  215  communications service provider authorized to occupy the rights
  216  of-way and who is remitting taxes under chapter 202.
  217  
  218  However, notwithstanding this paragraph, an authority may
  219  require a right-of-way permit for work that involves excavation,
  220  closing a sidewalk, or closing a vehicular lane.
  221         (f) Collocation of small wireless facilities on authority
  222  utility poles is subject to the following requirements:
  223         1. An authority may not enter into an exclusive arrangement
  224  with any person for the right to attach equipment to authority
  225  utility poles.
  226         2. The rates and fees for collocations on authority utility
  227  poles must be nondiscriminatory, regardless of the services
  228  provided by the collocating person.
  229         3. The rate to collocate small wireless facilities on
  230  authority utility poles may not exceed $150 per pole annually.
  231         4.Agreements between authorities and wireless providers
  232  which are in effect on July 1, 2017, and which relate to the
  233  collocation of small wireless facilities in the right-of-way,
  234  including the collocation of small wireless facilities on
  235  authority utility poles, remain in effect, subject to applicable
  236  termination provisions. The wireless provider may accept the
  237  rates, fees, and terms established under this subsection for
  238  small wireless facilities and utility poles that are the subject
  239  of an application submitted after the rates, fees, and terms
  240  become effective.
  241         5. A person owning or controlling an authority utility pole
  242  shall offer rates, fees, and other terms that comply with this
  243  subsection. By the later of January 1, 2018, or 3 months after
  244  receiving a request to collocate its first small wireless
  245  facility on a utility pole owned or controlled by an authority,
  246  the person owning or controlling the authority utility pole
  247  shall make available, through ordinance or otherwise, rates,
  248  fees, and terms for the collocation of small wireless facilities
  249  on the authority utility pole which comply with this subsection.
  250         a. The rates, fees, and terms must be nondiscriminatory,
  251  competitively neutral, and must comply with this subsection.
  252         b. For an authority utility pole that supports an aerial
  253  facility used to provide communications services or electric
  254  service, the parties shall comply with the process for make
  255  ready work under 47 U.S.C. s. 224 and implementing regulations.
  256  The good faith estimate of the person owning or controlling the
  257  pole for any make-ready work necessary to enable the pole to
  258  support the requested collocation must include pole replacement
  259  if necessary.
  260         c. For an authority utility pole that does not support an
  261  aerial facility used to provide communications services or
  262  electric service, the authority shall provide a good faith
  263  estimate for any make-ready work necessary to enable the pole to
  264  support the requested collocation, including necessary pole
  265  replacement, within 60 days after receipt of a complete
  266  application. Make-ready work, including any pole replacement,
  267  must be completed within 60 days after written acceptance of the
  268  good faith estimate by the applicant. Alternatively, an
  269  authority may require the applicant seeking to collocate a small
  270  wireless facility to provide a make-ready estimate at the
  271  applicant’s expense for the work necessary to support the small
  272  wireless facility, including pole replacement, and to perform
  273  the make-ready work. If pole replacement is required, the scope
  274  of the make-ready estimate is limited to the design,
  275  fabrication, and installation of a utility pole that is
  276  substantially similar in color and composition. The authority
  277  may not impose conditions on or restrict the manner in which the
  278  applicant obtains, develops, or provides the estimate or
  279  conducts the make-ready work subject to usual construction
  280  restoration standards for work in the right-of-way. The replaced
  281  or altered utility pole shall remain the property of the
  282  authority.
  283         d.An authority may not require more make-ready work than
  284  is required to meet applicable codes or industry standards. Fees
  285  for make-ready work may not include costs related to preexisting
  286  damage or prior noncompliance. Fees for make-ready work,
  287  including any pole replacement, may not exceed actual costs or
  288  the amount charged to communications service providers other
  289  than wireless services providers for similar work and may not
  290  include any consultant fee or expense.
  291         (g) For any applications filed before the effective dates
  292  of ordinances implementing this subsection, an authority may
  293  apply current ordinances regulating the placement of
  294  communications facilities in the right-of-way, including
  295  registration, permitting, insurance coverage, indemnification,
  296  performance bonds, security funds, force majeure, abandonment,
  297  authority liability, or authority warranties. Permit application
  298  requirements and small wireless facility placement requirements,
  299  including utility pole height limits, which conflict with this
  300  subsection shall be waived by the authority.
  301         (h) Except as provided in this section or specifically
  302  required by state law, an authority may not adopt or enforce any
  303  regulation on the placement or operation of communications
  304  facilities in the rights-of-way by a provider authorized by
  305  state law to operate in the rights-of-way and may not regulate
  306  any communications services or impose or collect any tax, fee,
  307  or charge not specifically authorized under state law. This
  308  paragraph is not intended to change state law regarding an
  309  authority’s ability to regulate the relocation of facilities.
  310         (i) A wireless provider shall, in relation to a small
  311  wireless facility, utility pole, or wireless support structure
  312  in the public rights-of-way, comply with nondiscriminatory
  313  undergrounding requirements of the authority which prohibit
  314  above-ground structures in public rights-of-way. Any such
  315  requirements may be waived by the relevant authority.
  316         (j) A wireless infrastructure provider may apply to an
  317  authority to place utility poles in the public rights-of-way to
  318  support the collocation of small wireless facilities. The
  319  application must include an attestation that small wireless
  320  facilities will be collocated on the utility pole or structure
  321  and small wireless facilities will be used by a wireless
  322  services provider to provide service within 9 months from the
  323  date the application is granted. An authority shall accept and
  324  process the application in accordance with subparagraph (d)6.
  325  and any applicable codes and other local codes governing the
  326  placement of utility poles in the public rights-of-way.
  327         (k) This subsection does not limit a local government’s
  328  authority to enforce historic preservation zoning regulations
  329  consistent with the preservation of local zoning authority under
  330  47 U.S.C s. 332(c)(7), the requirements for facility
  331  modifications under 47 U.S.C. s. 1455(a), or the National
  332  Historic Preservation Act of 1966, as amended, and the
  333  regulations adopted to implement these laws. An authority may
  334  enforce local codes, administrative rules, or regulations
  335  adopted by ordinance in effect on April 1, 2017, which are
  336  applicable to a historic area designated by the state or
  337  authority. An authority may enforce pending local ordinances,
  338  administrative rules, or regulations that are applicable to a
  339  historic area designated by the state if the intent to adopt
  340  such changes has been publicly declared on or before April 1,
  341  2017. An authority may waive any ordinances or other
  342  requirements that are subject to this paragraph.
  343         (l) This subsection does not authorize a person to
  344  collocate or attach wireless facilities, including any antenna,
  345  micro wireless facility, or small wireless facility, on a
  346  privately owned utility pole, a utility pole owned by an
  347  electric cooperative or a municipal electric utility, a
  348  privately owned wireless support structure, or other private
  349  property without the consent of the property owner.
  350         (m) The approval of the installation, placement,
  351  maintenance, or operation of a small wireless facility pursuant
  352  to this subsection may not be construed to authorize the
  353  provision of any voice, data, or video communications services
  354  or the installation, placement, maintenance, or operation of any
  355  communications facilities other than small wireless facilities
  356  in the right-of-way.
  357         (n) This subsection does not affect the provisions of
  358  subsection (6) relating to pass-through providers.
  359         (o)This subsection does not authorize a person to
  360  collocate or attach small wireless facilities or micro wireless
  361  facilities on a utility pole unless otherwise permitted by
  362  federal law, or to erect a wireless support structure in the
  363  right-of-way located within a retirement community that:
  364         1. Is deed-restricted as housing for older persons as
  365  defined in s. 760.29(4)(b);
  366         2. Has more than 5,000 residents; and
  367         3. Has underground utilities for electric transmission or
  368  distribution.
  369  
  370  Nothing in this paragraph applies to the installation,
  371  placement, maintenance, or replacement of micro wireless
  372  facilities on any existing and duly authorized aerial
  373  communications facilities, provided that once aerial facilities
  374  are converted to underground, any such collocation or
  375  construction shall be only as provided by the municipality’s
  376  underground utilities ordinance.
  377         (p) This subsection does not authorize a person to
  378  collocate or attach small wireless facilities or micro wireless
  379  facilities on a utility pole unless otherwise permitted by
  380  federal law, or to erect a wireless support structure in the
  381  right-of-way located within a municipality that:
  382         1. Is located on a coastal barrier island as defined in s.
  383  161.053(1)(b)3.;
  384         2. Has a land area of less than 5 square miles;
  385         3. Has fewer than 10,000 residents; and
  386         4. Which has, before July 1, 2017, received referendum
  387  approval to issue debt to finance municipality-wide
  388  undergrounding of its utilities for electric transmission or
  389  distribution.
  390  
  391  Nothing in this paragraph applies to the installation,
  392  placement, maintenance, or replacement of micro wireless
  393  facilities on any existing and duly authorized aerial
  394  communications facilities, provided that once aerial facilities
  395  are converted to underground, any such collocation or
  396  construction shall be only as provided by the municipality’s
  397  underground utilities ordinance.
  398         (q) This subsection does not authorize a person to
  399  collocate small wireless facilities or micro wireless facilities
  400  on an authority utility pole or erect a wireless support
  401  structure in a location subject to covenants, conditions, and
  402  restrictions; articles of incorporation; and bylaws of a home
  403  owners association. Nothing in this paragraph applies to the
  404  installation, placement, maintenance, or replacement of micro
  405  wireless facilities on any existing and duly authorized aerial
  406  communications facilities.
  407  
  408  ================= T I T L E  A M E N D M E N T ================
  409  And the title is amended as follows:
  410         Delete lines 56 - 63
  411  and insert:
  412         construction; authorizing an authority to enforce
  413         local codes, administrative rules, or regulations
  414         adopted by ordinance in effect on a specified date
  415         which are applicable to a historic area designated by
  416         the state or authority; authorizing an authority to
  417         enforce pending local ordinances, administrative
  418         rules, or regulations that are applicable to a
  419         historic area designated by the state if the intent to
  420         adopt such changes has been publicly declared on or
  421         before a specified date; providing retroactive
  422         applicability; authorizing an authority to waive
  423         certain ordinances or other requirements; providing an
  424         effective