Florida Senate - 2017 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 596 Ì395772DÎ395772 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 04/27/2017 11:21 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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