2017 -- S 0342 | |
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LC000977 | |
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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. |
6 | (3) "Authority structure" means a building, water tower or other structure owned or |
7 | controlled by an authority, but not an authority pole. |
8 | (4) "Collocate" means to install, mount, maintain, modify, operate, or replace wireless |
9 | facilities on a pole, including an authority pole, or on a building, water tower or other structure, |
10 | including an authority structure. "Collocation" has a corresponding meaning. |
11 | (5) "Communications service provider" means a cable operator, as defined in 47 U.S.C. |
12 | §522(5); a provider of information service, as defined in 47 U.S.C. §153(24); a |
13 | telecommunications carrier, as defined in 47 U.S.C. §153(51); or a wireless service provider. |
14 | (6) "Pole" means a utility pole, light pole, light standard or similar structure that is used |
15 | in whole or in part for telephone service, wireless service, cable television service, information |
16 | service, electric service, lighting, traffic control, signage or similar function. |
17 | (7) "Small wireless facility" means a wireless facility with an antenna of no more than six |
18 | (6) cubic feet in volume and associated equipment with a cumulative volume no larger than |
19 | twenty-eight (28) cubic feet. The following types of associated equipment may be located outside |
20 | the primary enclosure and are not included in the calculation of equipment volume: electric |
21 | meter, concealment, telecommunications demarcation box, ground-based enclosures, backup |
22 | power system, grounding equipment, power transfer switch, cut-off switch, and cable and conduit |
23 | runs for the connection of power and other services. Equipment that is concealed from public |
24 | view within or behind an existing structure or concealment is not included in the volume |
25 | calculations. |
26 | (8) "Wireless facilities" means equipment at a fixed location that enables wireless |
27 | communications between user equipment and a communications network, including, but not |
28 | limited to: |
29 | (i) Equipment associated with wireless services such as private, broadcast, and public |
30 | safety services, as well as unlicensed wireless services and fixed wireless services such as |
31 | microwave backhaul; and |
32 | (ii) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power |
33 | supplies, and comparable equipment, regardless of technological configuration. |
34 | (9) "Wireless service" shall have the meaning defined in §39-1-2. |
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1 | (10) "Wireless service provider" means a person who provides wireless service as well as |
2 | a person who builds or installs wireless communications transmission equipment, wireless |
3 | facilities or wireless support structures. |
4 | 39-32-2. Regulation of small wireless facilities. |
5 | (a) A wireless service provider authorized to do business in this state or a contractor |
6 | acting on its behalf may collocate small wireless facilities and construct related conduit, cables |
7 | and facilities within, along, across, upon and under any public right-of-way in this state, including |
8 | state highways and freeways, subject to the provisions of this chapter. |
9 | (b) Except as provided in this chapter, an authority shall not prohibit, regulate or charge |
10 | for the collocation of small wireless facilities. |
11 | (c) Small wireless facilities shall be classified as permitted uses in all zoning districts and |
12 | shall not be subject to zoning review or approval. |
13 | (d) Nothing in this chapter shall be construed to authorize a person to collocate a small |
14 | wireless facility on a privately owned pole, structure or other private property without the consent |
15 | of the property owner. |
16 | 39-32-3. Collocation of small wireless facilities on authority poles and authority |
17 | structures. |
18 | An authority may require a person to obtain a building, electrical or a public right-of-way |
19 | use or work permit to collocate small wireless facilities on authority poles or authority structures, |
20 | provided such permits are of general applicability and do not apply exclusively to wireless |
21 | facilities. An authority may not require a permit, other than a public right-of-way work permit, for |
22 | routine maintenance on a previously-approved small wireless facility or to replace a small |
23 | wireless facility with a facility of substantially similar or smaller size and weight. An authority |
24 | shall accept an application for, process and issue a permit allowed under this chapter as follows: |
25 | (1) An authority shall receive applications for, and process and issue permits for, |
26 | collocating small wireless facilities on a nondiscriminatory basis and in substantially the same |
27 | manner as the permitting of other applicants within the jurisdiction of the authority. An applicant |
28 | for a collocation permit shall not be required to provide more information to obtain a permit than |
29 | communications service providers that are not wireless providers. |
30 | (2) An authority may charge a fee to process an application to collocate a small wireless |
31 | facility. The fee shall be no greater than the reasonable, direct and actual costs incurred by the |
32 | authority to process the application, excluding any travel expenses charged by third parties or any |
33 | fees for review of an application charged by third parties on a contingency basis or a result-based |
34 | arrangement, and further excluding any costs already recovered by existing fees, rates or taxes |
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1 | paid by a wireless provider. The application processing fee shall be no greater than the |
2 | application processing fee, if any, charged by the authority to persons seeking to place a pole in |
3 | the public way. Except as provided in §39-32-5, an applicant shall not be required to pay any |
4 | additional fees or charges, or perform or provide any services not directly related to the |
5 | collocation, in order to collocate small wireless facilities. |
6 | (3) At its discretion, an applicant shall be allowed to file a consolidated application and |
7 | receive a single permit to collocate small wireless facilities at multiple locations within the |
8 | jurisdiction of the authority. |
9 | (4) An authority may not institute a moratorium on filing, receiving or processing |
10 | applications or issuing permits or approvals for the collocation of small wireless facilities. |
11 | (5) All permits regarding the collocation of small wireless facilities shall be of unlimited |
12 | duration, except that an authority may require that initial construction commence within one year |
13 | of approval and be pursued to completion. |
14 | (6) A permit may require reasonable accommodations for a collocation within a |
15 | registered historic district as defined in §44-33.2-2(9). |
16 | 39-32-4. Action on permit applications. |
17 | (a) An authority shall approve an application for a permit under this chapter unless the |
18 | collocation does not meet applicable building or electrical codes or, if applicable, standards for |
19 | construction in the right-of-way, provided such codes and standards are of general applicability. |
20 | The authority must document the basis for any denial, including the specific code provisions or |
21 | standards on which the denial was based, and send the documentation to the applicant on or |
22 | before the day the authority denies an application. The applicant may cure the deficiencies |
23 | identified by the authority and resubmit the application within thirty (30) days of the denial |
24 | without paying an additional processing fee. The authority shall approve or deny the revised |
25 | application within thirty (30) days. Any subsequent denial shall be limited to the deficiencies |
26 | cited in the original denial. Where one or more locations addressed in a consolidated application |
27 | do not meet the criteria of this section, the authority shall allow the application as to all other |
28 | locations. |
29 | (b) An application shall be deemed approved if the authority fails to approve or deny the |
30 | application within sixty (60) days of submission. If the authority notifies the applicant within ten |
31 | (10) days after the initial submission that the application is incomplete and reasonably identifies |
32 | at that time the information that is lacking, the time period stated above shall be tolled during the |
33 | time it takes the applicant to respond. No other request for additional information shall toll such |
34 | time periods. |
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1 | (c) A person whose application or revised application is denied by an authority may |
2 | appeal to the superior court within thirty (30) days of the denial. The superior court shall have |
3 | jurisdiction to determine all disputes arising under this chapter. |
4 | 39-32-5. Additional terms for collocation on authority poles and structures. |
5 | (a) Within three (3) months of receiving its first request to collocate small wireless |
6 | facilities on authority poles located within the public rights-of-way, an authority shall establish by |
7 | ordinance, regulation or rule nondiscriminatory, competitively neutral and commercially |
8 | reasonable rates, terms and conditions for such collocation that are consistent with the provisions |
9 | of this chapter. Should an authority require additional time to promulgate such ordinance, |
10 | regulation or rule, it shall process authority pole collocation requests, issue permits and allow |
11 | such collocation in the interim. Aside from the application processing fee allowed under §39-32- |
12 | 3, an authority shall not charge on an annual recurring basis more for such a collocation than the |
13 | rate produced by applying the formula adopted by the Federal Communications Commission for |
14 | telecommunications pole attachments under 47 U.S.C. §224(e). |
15 | (b) An authority shall authorize the collocation of small wireless facilities on authority |
16 | poles not located within the public rights-of-way and on authority structures to the same extent |
17 | the authority permits access to such poles and structures for other commercial projects or uses, |
18 | and may authorize such collocation if the authority has not previously permitted such access. |
19 | Such collocation shall be subject to reasonable and nondiscriminatory rates, terms and conditions |
20 | as provided by ordinance or in one or more agreements between the wireless provider and the |
21 | authority. An authority may not charge on an annual recurring basis more for such a collocation |
22 | than the lesser of: |
23 | (1) The amount charged for similar commercial projects or uses to occupy or use the |
24 | same amount of space on similarly situated property; or |
25 | (2) The projected cost to the authority resulting from the collocation. |
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 | |
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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 | |
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