2017 -- S 0342 SUBSTITUTE B AS AMENDED | |
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LC000977/SUB B/2 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2017 | |
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A N A C T | |
RELATING TO PUBLIC UTILITIES AND CARRIERS - SMALL CELL SITING ACT | |
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Introduced By: Senators DiPalma, DaPonte, Sosnowski, and Pearson | |
Date Introduced: February 16, 2017 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Legislative Findings. Because of the integral role that technology plays in |
2 | economic development and the vitality of the State of Rhode Island and Providence Plantations |
3 | and in the lives of its citizens, the general assembly has determined that a law addressing the |
4 | deployment of wireless technology is of vital interest to the state. Rhode Island is one of the |
5 | foremost states with broadband coverage and capability and must continue to lead in the |
6 | advancement of new technology. Small wireless facilities are critical to delivering wireless access |
7 | to advanced technology, broadband and 911 services to homes, businesses and schools in the |
8 | state. To ensure that the state and those who live and work here continue to benefit from these |
9 | advanced services as soon as possible and to ensure that providers of wireless services have a fair |
10 | and predictable process for the deployment of small wireless facilities, the general assembly |
11 | enacts this "Rhode Island Small Cell Siting Act", which specifies how local authorities may |
12 | regulate the collocation of small wireless facilities and small wireless facility networks. |
13 | SECTION 2. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND |
14 | CARRIERS" is hereby amended by adding thereto the following chapter: |
15 | CHAPTER 32 |
16 | RHODE ISLAND SMALL CELL SITING ACT |
17 | 39-32-1. Definitions. |
18 | As used in this chapter: |
19 | (1) "Authority"' means a city, town, or any other state or municipal government |
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1 | subdivision, agency or entity that is authorized by law to regulate or control the use of the public |
2 | rights-of-way or the construction or installation of poles or wireless facilities or that owns or |
3 | controls property suitable for collocating small wireless facilities. The term does not include the |
4 | state courts. |
5 | (2) "Authority pole" means a pole owned or controlled by an authority and includes |
6 | metal, composite, concrete, or wood poles as well as decorative poles. |
7 | (3) "Authority structure" means a building, water tower or other structure owned or |
8 | controlled by an authority, but not an authority pole. |
9 | (4) "Collocate" means to install, mount, maintain, modify, operate, or replace wireless |
10 | facilities on a pole, including an authority pole, or on a building, water tower or other structure, |
11 | including an authority structure. "Collocation" has a corresponding meaning. |
12 | (5) "Communications service provider" means a cable operator, as defined in 47 U.S.C. |
13 | §522(5); a provider of information service, as defined in 47 U.S.C. §153(24); a |
14 | telecommunications carrier, as defined in 47 U.S.C. §153(51); or a wireless service provider. |
15 | (6) "Person" means an individual, corporation, limited liability company, partnership, |
16 | association, trust, or other entity or organization, including an authority. |
17 | (7) "Pole" means a utility pole, light pole, light standard or similar structure that is used |
18 | in whole or in part for telephone service, wireless service, cable television service, information |
19 | service, electric service, lighting, traffic control, signage or similar function. |
20 | (8) "Small wireless facility" means a wireless facility with an antenna of no more than six |
21 | (6) cubic feet in volume and associated equipment with a cumulative volume no larger than |
22 | twenty-eight (28) cubic feet. The following types of associated equipment may be located outside |
23 | the primary enclosure and are not included in the calculation of equipment volume: electric |
24 | meter, concealment, telecommunications demarcation box, ground-based enclosures, backup |
25 | power system, grounding equipment, power transfer switch, cut-off switch, and cable and conduit |
26 | runs for the connection of power and other services. Equipment that is concealed from public |
27 | view within or behind an existing structure or concealment is not included in the volume |
28 | calculations. |
29 | (9) "Wireless facilities" means equipment at a fixed location that enables wireless |
30 | communications between user equipment and a communications network, including, but not |
31 | limited to: |
32 | (i) Equipment associated with wireless services such as private, broadcast, and public |
33 | safety services, as well as unlicensed wireless services and fixed wireless services such as |
34 | microwave backhaul; and |
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1 | (ii) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power |
2 | supplies, and comparable equipment, regardless of technological configuration. The term |
3 | "wireless facilities" includes small wireless facilities but does not include the structure or |
4 | improvements on, under or within which the equipment is collocated; wireline backhaul facilities; |
5 | coaxial or fiber-optic cable that is between wireless support structures or poles; or coaxial or fiber |
6 | optic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna. |
7 | (10) "Wireless service" means any services using licensed or unlicensed wireless |
8 | spectrum, whether at a fixed location or mobile, provided using wireless facilities. |
9 | (11) "Wireless service provider" means a person who provides wireless service as well as |
10 | a person who builds, installs, or maintains wireless communications transmission equipment, |
11 | wireless facilities or wireless support structures. |
12 | 39-32-2. Regulation of small wireless facilities. |
13 | (a) A wireless service provider authorized to do business in this state or a contractor |
14 | acting on its behalf may collocate small wireless facilities within, along, across, upon and under |
15 | any public right-of-way in this state, including state highways and freeways, and may construct |
16 | conduit, cables, and facilities between such small wireless facility and other equipment or |
17 | services located on or adjacent to the supporting pole or other structure, subject to the provisions |
18 | of this chapter. |
19 | (b) Except as provided in this chapter, an authority shall not prohibit, regulate or charge |
20 | for the collocation of small wireless facilities. |
21 | (c) Small wireless facilities shall be classified as permitted uses in all zoning districts and |
22 | shall not be subject to zoning review or approval. |
23 | (d) Nothing in this chapter shall be construed to authorize a person to collocate a small |
24 | wireless facility on a privately owned pole, structure or other private property without the consent |
25 | of the property owner. |
26 | (e) All agreements between authorities and wireless service providers that are in effect on |
27 | the effective date of this chapter and that relate to the collocation of small wireless facilities in the |
28 | public right-of-way or on authority poles or structures shall remain in effect, subject to any |
29 | termination provisions in such agreements. Notwithstanding the foregoing, at the election of a |
30 | wireless service provider, the rates, fees, terms and conditions established pursuant to this chapter |
31 | shall apply to small wireless facilities that are the subject of an application submitted after the |
32 | effective date of this chapter. |
33 | 39-32-3. Collocation of small wireless facilities on authority poles and authority |
34 | structures. |
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1 | An authority may require a person to obtain a building, electrical or a public right-of-way |
2 | use or work permit to collocate small wireless facilities on authority poles or authority structures, |
3 | provided such permits are of general applicability and do not apply exclusively to wireless |
4 | facilities. An authority may not require a permit, other than a public right-of-way work permit, for |
5 | routine maintenance on a previously-approved small wireless facility or to replace a small |
6 | wireless facility with a facility of substantially similar or smaller size and weight. An authority |
7 | shall accept an application for, process and issue a permit allowed under this chapter as follows: |
8 | (1) An authority shall receive applications for, and process and issue permits for, |
9 | collocating small wireless facilities on a nondiscriminatory basis and in substantially the same |
10 | manner as the permitting of other applicants within the jurisdiction of the authority. An applicant |
11 | for a collocation permit shall not be required to provide more information to obtain a permit than |
12 | communications service providers that are not wireless providers. If consistent with the preceding |
13 | sentence, an authority may require an application to include information sufficient to determine |
14 | whether the collocation meets applicable building or electrical codes or, if applicable, standards |
15 | for construction in the right-of-way, provided such codes and standards are of general |
16 | applicability. |
17 | (2) An authority may charge a fee to process an application to collocate a small wireless |
18 | facility. The fee shall be no greater than the reasonable, direct and actual costs incurred by the |
19 | authority to process the application, excluding any fees for review of an application charged by |
20 | third parties on a contingency basis or a result-based arrangement, and further excluding any |
21 | costs already recovered by existing fees, rates or taxes paid by a wireless provider. The |
22 | application processing fee shall be no greater than the application processing fee, if any, charged |
23 | by the authority to persons seeking to place a pole in the public way. Except as provided in §39- |
24 | 32-5, an applicant shall not be required to pay any additional fees or charges, or perform or |
25 | provide any services not directly related to the collocation, in order to collocate small wireless |
26 | facilities. |
27 | (3) At its discretion, an applicant shall be allowed to file a consolidated application and |
28 | receive a single permit to collocate small wireless facilities at multiple locations within the |
29 | jurisdiction of the authority. |
30 | (4) An authority may not institute a moratorium on filing, receiving or processing |
31 | applications or issuing permits or approvals for the collocation of small wireless facilities. |
32 | (5) All permits regarding the collocation of small wireless facilities shall be of unlimited |
33 | duration but initial construction shall be completed within one hundred eighty (180) days after the |
34 | permit issuance date, unless the authority and wireless provider agree to extend this period or a |
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1 | delay is caused by a lack of commercial power at the site. |
2 | (6) Notwithstanding the provisions of §39-32-2(c), a permit for a collocation within an |
3 | historic district as defined in §45-24.1-1.1 shall be subject to historic district commission review |
4 | and approval, in accordance with standards to be adopted by regulation or rule. Such standards |
5 | may include that a collocation meet reasonable design, context, color and stealth and concealment |
6 | requirements and make reasonable accommodation for location within the district. The historic |
7 | district commission may waive one or more standards upon a showing that the standard(s) are not |
8 | reasonably compatible with the particular location of a small wireless facility, or that the |
9 | standard(s) impose an excessive expense. The waiver shall be granted or denied within forty-five |
10 | (45) days after the date of the request for waiver. |
11 | (7) A permit may require a collocation on an authority pole that is a decorative pole to |
12 | meet objective design standards, including that a collocation meet reasonable location, context, |
13 | color and stealth and concealment requirements. Such standards shall be adopted by ordinance, |
14 | regulation or rule. An authority may waive one or more standards upon a showing that the |
15 | standard(s) are not reasonably compatible with the particular location of a small wireless facility, |
16 | or that the standard(s) impose an excessive expense. The waiver shall be granted or denied within |
17 | forty-five (45) days after the date of the request. |
18 | 39-32-4. Action on permit applications. |
19 | (a) An authority shall approve an application for a permit under this chapter unless the |
20 | collocation does not meet applicable building or electrical codes or, if applicable, standards for |
21 | construction in the right-of-way, provided such codes and standards are of general applicability. |
22 | The authority must document the basis for any denial, including the specific code provisions or |
23 | standards on which the denial was based, and send the documentation to the applicant on or |
24 | before the day the authority denies an application. The applicant may cure the deficiencies |
25 | identified by the authority and resubmit the application within thirty (30) days of the denial |
26 | without paying an additional processing fee. The authority shall approve or deny the revised |
27 | application within thirty (30) days. Any subsequent denial shall be limited to the deficiencies |
28 | cited in the original denial. Where one or more locations addressed in a consolidated application |
29 | do not meet the criteria of this section, the authority shall allow the application as to all other |
30 | locations. |
31 | (b) An application shall be deemed approved if the authority fails to approve or deny the |
32 | application within sixty (60) days of submission. If the authority notifies the applicant within |
33 | fourteen (14) days after the initial submission that the application is incomplete and reasonably |
34 | identifies at that time the information that is lacking, the time period stated above shall be tolled |
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1 | during the time it takes the applicant to respond. No other request for additional information shall |
2 | toll such time periods. |
3 | (c) A person whose application or revised application is denied by an authority may |
4 | appeal to the superior court within thirty (30) days of the denial. The superior court shall have |
5 | jurisdiction to determine all disputes arising under this chapter. |
6 | 39-32-5. Additional terms for collocation on authority poles and structures. |
7 | (a) Within six (6) months of receiving its first request to collocate small wireless facilities |
8 | on authority poles located within the public rights-of-way, but in no event later than April 1, |
9 | 2018, an authority shall establish by ordinance, regulation or rule nondiscriminatory, |
10 | competitively neutral and commercially reasonable rates, terms and conditions for such |
11 | collocation that are consistent with the provisions of this chapter. Aside from the application |
12 | processing fee allowed under §39-32-3, an authority shall not charge on an annual recurring basis |
13 | more for such a collocation than one hundred and fifty dollars ($150) or the rate produced by |
14 | applying the formula adopted by the Federal Communications Commission for |
15 | telecommunications attachments under 47 U.S.C. §224(e). Such fee limitation shall not apply to |
16 | authority structures. |
17 | (b) An authority shall authorize the collocation of small wireless facilities on authority |
18 | poles not located within the public rights-of-way and on authority structures to the same extent |
19 | the authority permits access to such poles and structures for other commercial projects or uses, |
20 | and may authorize such collocation if the authority has not previously permitted such access. |
21 | Such collocation shall be subject to reasonable and nondiscriminatory rates, terms and conditions |
22 | as provided by ordinance or in one or more agreements between the wireless provider and the |
23 | authority. An authority may not charge on an annual recurring basis more for such a collocation |
24 | than the amount charged for similar commercial projects or uses to occupy or use the same |
25 | amount of space on similarly situated property. |
26 | 39-32-6. Collocation of small wireless facilities on private poles and structures. |
27 | (a) An authority may not prohibit, regulate or charge for the collocation of small wireless |
28 | facilities on poles or structures other than authority poles and authority structures. |
29 | (b) A wireless service provider may install poles in the public rights-of-way in order to |
30 | collocate small wireless facilities, subject to request and authority approval. An authority shall |
31 | receive, process and approve such requests on a non-discriminatory basis and in substantially the |
32 | same manner and on substantially the same terms and conditions as the authority applies to |
33 | similar requests by other persons seeking to place poles in the public ways. |
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1 | SECTION 3. This act shall take effect upon passage. |
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LC000977/SUB B/2 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PUBLIC UTILITIES AND CARRIERS - SMALL CELL SITING ACT | |
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1 | This act would establish the "Small Cell Siting Act", which specifies how local |
2 | authorities may regulate the collocation of small wireless facilities and small wireless facility |
3 | networks. |
4 | This act would take effect upon passage. |
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LC000977/SUB B/2 | |
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