Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. CS for SB 596 Ì266314ÉÎ266314 LEGISLATIVE ACTION Senate . House Comm: WD . 03/27/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Baxley) recommended the following: 1 Senate Amendment 2 3 Delete lines 64 - 269 4 and insert: 5 utility pole owned by a municipal electric company or a utility 6 pole located in the right-of-way within a retirement community 7 that: 8 a. Is deed-restricted as housing for older persons as 9 defined in s. 760.29(4)(b); 10 b. Has more than 5,000 residents; and 11 c. Has underground utilities for electric transmission or 12 distribution. 13 6. “Collocate” or “collocation” means to install, mount, 14 maintain, modify, operate, or replace one or more wireless 15 facilities on, under, within, or adjacent to a wireless support 16 structure or utility pole. 17 7. “FCC” means the Federal Communications Commission. 18 8. “Micro wireless facility” means a small wireless 19 facility having dimensions no larger than 24 inches in length, 20 15 inches in width, and 12 inches in height and an exterior 21 antenna, if any, no longer than 11 inches. 22 9. “Small wireless facility” means a wireless facility that 23 meets the following qualifications: 24 a. Each antenna associated with the facility is located 25 inside an enclosure of no more than 6 cubic feet in volume or, 26 in the case of antennas that have exposed elements, each antenna 27 and all of its exposed elements could fit within an enclosure of 28 no more than 6 cubic feet in volume; and 29 b. All other wireless equipment associated with the 30 facility is cumulatively no more than 28 cubic feet in volume. 31 The following types of associated ancillary equipment are not 32 included in the calculation of equipment volume: electric 33 meters, concealment elements, telecommunications demarcation 34 boxes, ground-based enclosures, grounding equipment, power 35 transfer switches, cutoff switches, vertical cable runs for the 36 connection of power and other services, and utility poles or 37 other support structures. 38 10. “Utility pole” means a pole or similar structure that 39 is used in whole or in part to provide communications services 40 or for electric distribution, lighting, traffic control, 41 signage, or a similar function. 42 11. “Wireless facility” means equipment at a fixed location 43 which enables wireless communications between user equipment and 44 a communications network, including radio transceivers, 45 antennas, wires, coaxial or fiber-optic cable or other cables, 46 regular and backup power supplies, and comparable equipment, 47 regardless of technological configuration, and equipment 48 associated with wireless communications. The term includes small 49 wireless facilities. The term does not include: 50 a. The structure or improvements on, under, within, or 51 adjacent to the structure on which the equipment is collocated; 52 b. Wireline backhaul facilities; or 53 c. Coaxial or fiber-optic cable that is between wireless 54 structures or utility poles or that is otherwise not immediately 55 adjacent to or directly associated with a particular antenna. 56 12. “Wireless infrastructure provider” means a person who 57 is certificated to provide telecommunications service in the 58 state and who builds or installs wireless communication 59 transmission equipment, wireless facilities, or wireless support 60 structures, but is not a wireless services provider. 61 13. “Wireless provider” means a wireless infrastructure 62 provider or a wireless services provider. 63 14. “Wireless services” means any services provided using 64 licensed or unlicensed spectrum, whether at a fixed location or 65 mobile, using wireless facilities. 66 15. “Wireless services provider” means a person who 67 provides wireless services. 68 16. “Wireless support structure” means a freestanding 69 structure, such as a monopole, a guyed or self-supporting tower, 70 a billboard, or another existing or proposed structure designed 71 to support or capable of supporting wireless facilities. The 72 term does not include a utility pole. 73 (c) Except as provided in this subsection, an authority may 74 not prohibit, regulate, or charge for the collocation of small 75 wireless facilities in the public rights-of-way. 76 (d) An authority may require permit fees only in accordance 77 with subsection (3). An authority shall accept applications for 78 permits and shall process and issue permits subject to the 79 following requirements: 80 1. An authority may not directly or indirectly require an 81 applicant to perform services unrelated to the collocation for 82 which approval is sought, such as in-kind contributions to the 83 authority, including reserving fiber, conduit, or pole space for 84 the authority. 85 2. An applicant may not be required to provide more 86 information to obtain a permit than is required of electric 87 service providers and other communications service providers 88 that are not wireless services providers. 89 3. An authority may not require the placement of small 90 wireless facilities on any specific utility pole or category of 91 poles or require multiple antenna systems on a single utility 92 pole. 93 4. An authority may not limit the placement of small 94 wireless facilities by minimum separation distances or a maximum 95 height limitation; however, an authority may limit the height of 96 a small wireless facility to no more than 10 feet above the 97 tallest existing utility pole, measured from grade in place 98 within 500 feet of the proposed location of the small wireless 99 facility. If there is no utility pole within 500 feet, the 100 authority may limit the height of the small wireless facility to 101 no more than 60 feet. The height limitations do not apply to the 102 placement of any small wireless facility on a utility pole or 103 wireless support structure constructed on or before June 30, 104 2017, if the small wireless facility does not extend more than 105 10 feet above the structure. 106 5. Within 10 days after receiving an application, an 107 authority must determine and notify the applicant by electronic 108 mail as to whether the application is complete. If an 109 application is deemed incomplete, the authority must 110 specifically identify the missing information. An application is 111 deemed complete if the authority fails to provide notification 112 to the applicant within 10 days or when all documents, 113 information, and fees specifically enumerated in the authority’s 114 permit application form are submitted by the applicant to the 115 authority. 116 6. An application must be processed on a nondiscriminatory 117 basis. A complete application is deemed approved if an authority 118 fails to approve or deny the application within 60 days after 119 receipt of the application. 120 7. An authority must notify the applicant of approval or 121 denial by electronic mail. An authority shall approve a complete 122 application unless it does not meet the authority’s applicable 123 codes. If the application is denied, the authority must specify 124 in writing the basis for denial, including the specific code 125 provisions on which the denial was based, and send the 126 documentation to the applicant by electronic mail on the day the 127 authority denies the application. The applicant may cure the 128 deficiencies identified by the authority and resubmit the 129 application within 30 days after notice of the denial is sent to 130 the applicant. The authority shall approve or deny the revised 131 application within 30 days after receipt or the application is 132 deemed approved. Any subsequent review shall be limited to the 133 deficiencies cited in the denial. 134 8. An applicant seeking to collocate small wireless 135 facilities within the jurisdiction of a single authority may, at 136 the applicant’s discretion, file a consolidated application and 137 receive a single permit for the collocation of multiple small 138 wireless facilities. 139 (e) An authority may not require approval or require fees 140 or other charges for: 141 1. Routine maintenance; 142 2. Replacement of existing wireless facilities with 143 wireless facilities that are substantially similar or of the 144 same or smaller size; or 145 3. Installation, placement, maintenance, or replacement of 146 micro wireless facilities that are suspended on cables strung 147 between existing utility poles in compliance with applicable 148 codes by a communications service provider authorized to occupy 149 the rights-of-way and who is remitting taxes under chapter 202. 150 (f) An authority shall approve the collocation of small 151 wireless facilities on authority utility poles, subject to the 152 following requirements: 153 1. An authority may not enter into an exclusive arrangement 154 with any person for the right to attach equipment to authority 155 utility poles. 156 2. The rates and fees for collocations on authority utility 157 poles must be nondiscriminatory, regardless of the services 158 provided by the collocating person. 159 3. The rate to collocate equipment on authority utility 160 poles may not exceed the lesser of the annual recurring rate 161 that would be permitted under rules adopted by the FCC under 47 162 U.S.C. s. 224(d) if the collocation rate were regulated by the 163 FCC or $15 per year per authority utility pole. 164 4. If an authority has an existing pole attachment rate, 165 fee, or other term that does not comply with this subsection, 166 the authority shall, no later than January 1, 2018, revise such 167 rate, fee, or term to be in compliance with this subsection. 168 5. A person owning or controlling an authority utility pole 169 shall offer rates, fees, and other terms that comply with this 170 subsection. By the later of January 1, 2018, or 3 months after 171 receiving a request to collocate its first small wireless 172 facility on a utility pole owned or controlled by an authority, 173 the person owning or controlling the authority utility pole 174 shall make available, through ordinance or otherwise, rates, 175 fees, and terms for the collocation of small wireless facilities 176 on the authority utility pole which comply with this subsection. 177 a. The rates, fees, and terms must be nondiscriminatory, 178 competitively neutral, and commercially reasonable and must 179 comply with this subsection. 180 b. For an authority utility pole that supports an aerial 181 facility used to provide communications services or electric 182 service, the parties shall comply with the process for make 183 ready work under 47 U.S.C. s. 224 and implementing regulations. 184 The good faith estimate of the person owning or controlling the 185 pole for any make-ready work necessary to enable the pole to 186 support the requested collocation must include pole replacement 187 if necessary. 188 c. For an authority utility pole that does not support an 189 aerial facility used to provide communications services or 190 electric service, the authority shall provide a good faith 191 estimate for any make-ready work necessary to enable the pole to 192 support the requested collocation, including necessary pole 193 replacement, within 60 days after receipt of a complete 194 application. Make-ready work, including any pole replacement, 195 must be completed within 60 days after written acceptance of the 196 good faith estimate by the applicant. 197 d. An authority may not require more make-ready work than 198 is required to meet applicable codes or industry standards. Fees 199 for make-ready work may not include costs related to preexisting 200 damage or prior noncompliance. Fees for make-ready work, 201 including any pole replacement, may not exceed actual costs or 202 the amount charged to communications service providers other 203 than wireless services providers for similar work and may not 204 include any consultant fee or expense. 205 (g) Except as provided in this chapter or specifically 206 required by state law, an authority may not adopt or enforce any 207 regulation on the placement or operation of communications 208 facilities in the rights-of-way by a provider authorized by 209 state law to operate in the rights-of-way and may not regulate 210 any communications services or impose or collect any tax, fee, 211 or charge not specifically authorized under state law. 212 (h) This subsection does not authorize a person to 213 collocate small wireless facilities on a privately owned utility 214 pole, a utility pole owned by an electric cooperative, a 215 privately owned wireless support structure, or other private 216 property without the consent of the property owner. 217 (i) This subsection does not authorize a person to 218 collocate or attach small wireless facilities or micro wireless 219 facilities on a utility pole or erect a wireless support 220 structure in the right-of-way located within a retirement 221 community that: 222 1. Is deed-restricted as housing for older persons as 223 defined in s. 760.29(4)(b); 224 2. Has more than 5,000 residents; and 225 3. Has underground utilities for electric transmission or 226 distribution. 227 (j) This subsection may not be construed to limit local