S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4600
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, in relation to small wireless
   facilities development
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The general municipal law is amended by adding a new arti-
 cle 13-E to read as follows:
                               ARTICLE 13-E
                   SMALL WIRELESS FACILITIES DEPLOYMENT
 SECTION 300. DEFINITIONS.
         301. USE OF RIGHT OF WAY.
         302. COLLOCATION OF SMALL WIRELESS FACILITIES AND MICRO WIRELESS
                FACILITIES.
         303. ACCESS TO MUNICIPAL CORPORATION STRUCTURES.
         304. LOCAL AUTHORITY
         305. DISPUTE RESOLUTION.
         306. INDEMNIFICATION.
   § 300. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS  SHALL  HAVE  THE  FOLLOWING MEANINGS UNLESS THE CONTEXT INDICATES
 OTHERWISE:
   1. "ANTENNA" MEANS COMMUNICATIONS EQUIPMENT THAT TRANSMITS OR RECEIVES
 ELECTROMAGNETIC RADIO FREQUENCY SIGNALS USED IN THE PROVISION  OF  WIRE-
 LESS SERVICES.
   2. "APPLICABLE CODES" MEANS THE NEW YORK STATE UNIFORM FIRE PREVENTION
 AND BUILDING CODE AS ADOPTED, AND AS MAY BE AMENDED, PURSUANT TO ARTICLE
 EIGHTEEN OF THE EXECUTIVE LAW.
   3.  "APPLICANT"  MEANS  ANY PERSON OR ENTITY THAT FILES AN APPLICATION
 WITH A MUNICIPAL CORPORATION TO INSTALL OR MODIFY WIRELESS FACILITIES ON
 BEHALF OF A COMMUNICATIONS SERVICE PROVIDER OR WIRELESS PROVIDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06248-01-3
 S. 4600                             2
              

 
   4. "APPLICATION" MEANS A REQUEST SUBMITTED BY AN APPLICANT TO A  LOCAL
 GOVERNMENT  FOR  A  PERMIT TO COLLOCATE SMALL WIRELESS FACILITIES; OR TO
 APPROVE THE INSTALLATION OR MODIFICATION OF A UTILITY POLE  OR  WIRELESS
 SUPPORT STRUCTURE.
   5. "APPLICATION FEE" MEANS THE ONE TIME FEE CHARGED TO AN APPLICANT BY
 A  MUNICIPAL  CORPORATION  FOR REVIEW OF AN APPLICATION. THE APPLICATION
 FEE MAY NOT EXCEED THE ACTUAL REASONABLE COSTS INCURRED BY THE MUNICIPAL
 CORPORATION IN CONNECTION WITH ITS REVIEW OF THE APPLICATION.
   6. "POLE" MEANS: (I) A UTILITY POLE, OTHER THAN  A  UTILITY  POLE  FOR
 DESIGNATED SERVICES, OWNED OR OPERATED BY A MUNICIPAL CORPORATION IN THE
 RIGHT OF WAY, INCLUDING A UTILITY POLE THAT PROVIDES LIGHTING OR TRAFFIC
 CONTROL  FUNCTIONS,  INCLUDING  LIGHT POLES, TRAFFIC SIGNALS, AND STRUC-
 TURES FOR SIGNAGE; AND (II) A POLE OR SIMILAR STRUCTURE OWNED  OR  OPER-
 ATED  BY  A MUNICIPAL CORPORATION IN THE RIGHT OF WAY THAT SUPPORTS ONLY
 WIRELESS FACILITIES.
   7. "BASE STATION" MEANS WIRELESS  FACILITIES  OR  A  WIRELESS  SUPPORT
 STRUCTURE  OR  UTILITY POLE THAT CURRENTLY SUPPORTS WIRELESS FACILITIES.
 THE TERM DOES NOT INCLUDE  A  TOWER,  AS  DEFINED  IN  47  C.F.R.  §  1.
 40001(B)(9), OR ASSOCIATED WIRELESS FACILITIES.
   8.  "COLLOCATE" MEANS TO INSTALL, MOUNT, MAINTAIN, MODIFY, OPERATE, OR
 REPLACE WIRELESS FACILITIES ON OR ADJACENT TO A WIRELESS SUPPORT  STRUC-
 TURE  OR  UTILITY POLE. THE TERM "COLLOCATION" HAS A CORRESPONDING MEAN-
 ING.
   9. "COMMUNICATIONS  SERVICE  PROVIDER"  MEANS  A  CABLE  OPERATOR,  AS
 DEFINED  IN  47  U.S.C.  § 522(5); A PROVIDER OF INFORMATION SERVICE, AS
 DEFINED IN 47 U.S.C. § 153(24); A TELECOMMUNICATIONS CARRIER, AS DEFINED
 IN 47 U.S.C. § 153(51); OR A WIRELESS PROVIDER.
   10. "FCC" MEANS THE FEDERAL COMMUNICATIONS COMMISSION  OF  THE  UNITED
 STATES.
   11. "FEE" MEANS A ONE-TIME CHARGE.
   12.  "LAW"  MEANS  FEDERAL,  STATE, OR LOCAL LAW, STATUTE, COMMON LAW,
 CODE, RULE, REGULATION, ORDER, OR ORDINANCE.
   13. "MICRO WIRELESS FACILITY" MEANS A WIRELESS FACILITY THAT MEETS THE
 FOLLOWING QUALIFICATIONS: (I) IS NOT LARGER IN  DIMENSION  THAN  TWENTY-
 FOUR  INCHES  IN  LENGTH,  FIFTEEN INCHES IN WIDTH, AND TWELVE INCHES IN
 HEIGHT; AND (II) ANY EXTERIOR ANTENNA IS NO LONGER THAN ELEVEN INCHES.
   14. "PERMIT" MEANS A WRITTEN AUTHORIZATION  REQUIRED  BY  A  MUNICIPAL
 CORPORATION  TO  PERFORM  AN ACTION OR INITIATE, CONTINUE, OR COMPLETE A
 PROJECT RELATING TO THE INSTALLATION OR MODIFICATION OF WIRELESS FACILI-
 TIES.
   15. "PERSON"  MEANS  AN  INDIVIDUAL,  CORPORATION,  LIMITED  LIABILITY
 COMPANY,  PARTNERSHIP,  ASSOCIATION, TRUST, OR OTHER ENTITY OR ORGANIZA-
 TION.
   16. "RATE" MEANS A RECURRING CHARGE.
   17. "RIGHT OF WAY" OR "ROW" MEANS THE  AREA  ON,  BELOW,  OR  ABOVE  A
 PUBLIC  ROADWAY,  HIGHWAY, STREET, SIDEWALK, ALLEY, UTILITY EASEMENT, OR
 SIMILAR PROPERTY, BUT NOT INCLUDING A FEDERAL INTERSTATE HIGHWAY.
   18. "SMALL WIRELESS FACILITY" MEANS A  WIRELESS  FACILITY  THAT  MEETS
 BOTH OF THE FOLLOWING QUALIFICATIONS: (I) EACH ANTENNA IS LOCATED INSIDE
 AN ENCLOSURE OF NO MORE THAN SIX CUBIC FEET IN VOLUME OR, IN THE CASE OF
 AN ANTENNA THAT HAS EXPOSED ELEMENTS, THE ANTENNA AND ALL OF ITS EXPOSED
 ELEMENTS  COULD  FIT  WITHIN  AN IMAGINARY ENCLOSURE OF NO MORE THAN SIX
 CUBIC FEET; AND (II) ALL OTHER WIRELESS EQUIPMENT  ASSOCIATED  WITH  THE
 FACILITY IS CUMULATIVELY NO MORE THAN TWENTY-EIGHT CUBIC FEET IN VOLUME.
 THE  FOLLOWING  TYPES OF ASSOCIATED ANCILLARY EQUIPMENT ARE NOT INCLUDED
 IN THE CALCULATION OF  EQUIPMENT  VOLUME:  ELECTRIC  METER,  CONCEALMENT
 S. 4600                             3
 
 ELEMENTS,  TELECOMMUNICATIONS  DEMARCATION BOX, GROUND-BASED ENCLOSURES,
 GROUNDING EQUIPMENT, POWER TRANSFER SWITCH, CUT-OFF SWITCH, AND VERTICAL
 CABLE RUNS FOR THE CONNECTION OF POWER AND OTHER SERVICES.
   19.  "SUBSTANTIAL  MODIFICATION"  MEANS  A PROPOSED MODIFICATION TO AN
 EXISTING WIRELESS SUPPORT STRUCTURE OR BASE STATION WHICH WILL  SUBSTAN-
 TIALLY  CHANGE THE PHYSICAL DIMENSIONS OF THE WIRELESS SUPPORT STRUCTURE
 OR BASE STATION UNDER THE  OBJECTIVE  STANDARD  FOR  SUBSTANTIAL  CHANGE
 ADOPTED BY THE FEDERAL COMMUNICATIONS COMMISSION PURSUANT TO 47 C.F.R. §
 1.40001.
   20.  "UTILITY  POLE" MEANS A POLE OR SIMILAR STRUCTURE THAT IS USED IN
 WHOLE OR IN PART BY A COMMUNICATIONS SERVICE PROVIDER  OR  FOR  ELECTRIC
 DISTRIBUTION, LIGHTING, TRAFFIC CONTROL, SIGNAGE, OR A SIMILAR FUNCTION.
 SUCH  TERM SHALL NOT INCLUDE STRUCTURES SUPPORTING ONLY WIRELESS FACILI-
 TIES.
   21. "UTILITY POLE FOR DESIGNATED SERVICES" MEANS A UTILITY POLE  OWNED
 OR  OPERATED  IN  THE  ROW  BY A MUNICIPAL CORPORATION, A PUBLIC UTILITY
 DISTRICT, AN ELECTRIC MEMBERSHIP CORPORATION, OR A RURAL ELECTRIC  COOP-
 ERATIVE THAT IS DESIGNED TO, OR USED IN WHOLE OR IN PART FOR THE PURPOSE
 OF  CARRYING ELECTRIC DISTRIBUTION LINES OR CABLES OR WIRES FOR TELECOM-
 MUNICATIONS, CABLE, OR ELECTRIC SERVICE.
   22. "WIRELESS FACILITY" MEANS  EQUIPMENT  AT  A  FIXED  LOCATION  THAT
 ENABLES  WIRELESS  COMMUNICATIONS  BETWEEN USER EQUIPMENT AND A COMMUNI-
 CATIONS NETWORK,  INCLUDING:  (I)  EQUIPMENT  ASSOCIATED  WITH  WIRELESS
 COMMUNICATIONS;  AND  (II)  RADIO  TRANSCEIVERS,  ANTENNAS,  COAXIAL  OR
 FIBER-OPTIC CABLE, REGULAR AND BACKUP  POWER  SUPPLIES,  AND  COMPARABLE
 EQUIPMENT,  REGARDLESS OF TECHNOLOGICAL CONFIGURATION. THE TERM INCLUDES
 SMALL WIRELESS FACILITIES AND MICRO WIRELESS FACILITIES. THE  TERM  DOES
 NOT INCLUDE THE STRUCTURE OR IMPROVEMENTS ON, UNDER, OR WITHIN WHICH THE
 EQUIPMENT IS COLLOCATED. THE TERM DOES NOT INCLUDE: (I) THE STRUCTURE OR
 IMPROVEMENTS  ON, UNDER, OR WITHIN WHICH THE EQUIPMENT IS COLLOCATED; OR
 (II) COAXIAL OR FIBER-OPTIC CABLE THAT IS BETWEEN WIRELESS STRUCTURES OR
 UTILITY POLES OR THAT  IS  OTHERWISE  NOT  IMMEDIATELY  ADJACENT  TO  OR
 DIRECTLY ASSOCIATED WITH A PARTICULAR ANTENNA.
   23.  "WIRELESS  INFRASTRUCTURE PROVIDER" MEANS ANY PERSON, INCLUDING A
 PERSON AUTHORIZED TO PROVIDE TELECOMMUNICATIONS SERVICE  IN  THE  STATE,
 THAT  BUILDS  OR INSTALLS WIRELESS COMMUNICATION TRANSMISSION EQUIPMENT,
 WIRELESS FACILITIES OR WIRELESS SUPPORT STRUCTURES, BUT THAT  IS  NOT  A
 WIRELESS SERVICES PROVIDER.
   24.  "WIRELESS PROVIDER" MEANS A WIRELESS INFRASTRUCTURE PROVIDER OR A
 WIRELESS SERVICES PROVIDER.
   25. "WIRELESS  SERVICES"  MEANS  ANY  SERVICES,  WHETHER  AT  A  FIXED
 LOCATION OR MOBILE, PROVIDED USING WIRELESS FACILITIES.
   26.  "WIRELESS  SERVICES  PROVIDER"  MEANS  ANY  PERSON OR ENTITY THAT
 PROVIDES WIRELESS SERVICES.
   27. "WIRELESS SUPPORT STRUCTURE" MEANS A FREESTANDING STRUCTURE,  SUCH
 AS  A  MONOPOLE;  TOWER, EITHER GUYED OR SELF-SUPPORTING; BILLBOARD; OR,
 OTHER EXISTING OR PROPOSED STRUCTURE DESIGNED TO SUPPORT OR  CAPABLE  OF
 SUPPORTING  WIRELESS  FACILITIES.  SUCH TERM SHALL NOT INCLUDE A UTILITY
 POLE.
   § 301. USE OF RIGHT OF WAY. 1. APPLICABILITY. THIS SECTION SHALL  ONLY
 APPLY TO THE ACTIVITIES OF A WIRELESS PROVIDER WITHIN THE RIGHT OF WAY.
   2.  EXCLUSIVE  USE  PROHIBITED.  A MUNICIPAL CORPORATION MAY NOT ENTER
 INTO AN EXCLUSIVE ARRANGEMENT WITH ANY PERSON FOR USE OF  THE  RIGHT  OF
 WAY  FOR THE CONSTRUCTION, OPERATION, MARKETING, OR MAINTENANCE OF WIRE-
 LESS FACILITIES OR WIRELESS SUPPORT STRUCTURES  OR  THE  COLLOCATION  OF
 SMALL WIRELESS FACILITIES OR MICRO WIRELESS FACILITIES.
 S. 4600                             4
 
   3.  RIGHT  OF  WAY  RATES  AND  FEES. A MUNICIPAL CORPORATION MAY ONLY
 CHARGE A WIRELESS PROVIDER A RATE OR FEE FOR THE USE OF THE RIGHT OF WAY
 WITH RESPECT TO THE CONSTRUCTION, INSTALLATION,  MOUNTING,  MAINTENANCE,
 MODIFICATION,  OPERATION, OR REPLACEMENT OF A WIRELESS FACILITY OR WIRE-
 LESS  SUPPORT  STRUCTURE  IN  THE RIGHT OF WAY, INCLUDING COLLOCATION IN
 SUCH RIGHT OF WAY, IF THE MUNICIPAL CORPORATION CHARGES  OTHER  COMMUNI-
 CATIONS  SERVICE  PROVIDERS  OR  PUBLICLY, COOPERATIVELY, OR MUNICIPALLY
 OWNED UTILITIES FOR THE USE OF THE RIGHT OF WAY. IF A  MUNICIPAL  CORPO-
 RATION  IS AUTHORIZED BY APPLICABLE LAW TO CHARGE A RATE OR FEE TO THOSE
 PERSONS OR ENTITIES, AND DOES SO, ANY SUCH RATE OR FEE  FOR  A  WIRELESS
 PROVIDER MUST BE: (I) LIMITED TO NO MORE THAN THE DIRECT AND ACTUAL COST
 OF MANAGING THE RIGHT OF WAY; AND (II) COMPETITIVELY NEUTRAL WITH REGARD
 TO OTHER USERS OF THE RIGHT OF WAY, INCLUDING INVESTOR, MUNICIPAL CORPO-
 RATION,  OR COOPERATIVELY OWNED ENTITIES. NO RATE OR FEE MAY: (I) RESULT
 IN A DOUBLE RECOVERY  WHERE  EXISTING  RATES,  FEES,  OR  TAXES  ALREADY
 RECOVER  THE DIRECT AND ACTUAL COSTS OF MANAGING THE RIGHTS OF WAY; (II)
 BE IN THE FORM OF A FRANCHISE OR OTHER FEE BASED ON REVENUE OR  CUSTOMER
 COUNTS; (III) BE UNREASONABLE OR DISCRIMINATORY; (IV) VIOLATE ANY APPLI-
 CABLE  LAW; OR (V) EXCEED AN ANNUAL AMOUNT EQUAL TO TWENTY DOLLARS TIMES
 THE NUMBER OF UTILITY POLES OR WIRELESS SUPPORT STRUCTURES IN THE MUNIC-
 IPAL CORPORATION'S GEOGRAPHIC JURISDICTION ON WHICH THE WIRELESS PROVID-
 ER HAS COLLOCATED A SMALL WIRELESS FACILITY ANTENNA. NOTWITHSTANDING THE
 FOREGOING, IN RECOGNITION OF THE PUBLIC BENEFITS OF  THE  DEPLOYMENT  OF
 WIRELESS SERVICES, A MUNICIPAL CORPORATION IS PERMITTED, ON A NONDISCRI-
 MINATORY  BASIS,  TO REFRAIN FROM CHARGING ANY RATE OR FEE TO A WIRELESS
 PROVIDER FOR THE USE OF THE RIGHT OF WAY.
   4. RATE OR FEE ADJUSTMENT. SHOULD  A  MUNICIPAL  CORPORATION  HAVE  AN
 EXISTING  RATE  OR  FEE  TO CONSTRUCT, INSTALL, MOUNT, MAINTAIN, MODIFY,
 OPERATE, OR REPLACE A WIRELESS FACILITY OR WIRELESS SUPPORT STRUCTURE IN
 THE ROW, INCLUDING COLLOCATION IN SUCH ROW, CONTROLLED BY THE  MUNICIPAL
 CORPORATION  AND  SUCH RATE OR FEE DOES NOT COMPLY WITH THE REQUIREMENTS
 IN SUBDIVISION THREE OF THIS SECTION, NOT LATER THAN SIX MONTHS  FOLLOW-
 ING  THE EFFECTIVE DATE OF THIS ARTICLE, THE MUNICIPAL CORPORATION SHALL
 IMPLEMENT A REVISED RATE OR FEE TO ENSURE COMPLIANCE WITH SUCH  SUBDIVI-
 SION THREE FOR ALL AFFECTED PERSONS.
   5.  RIGHT  OF  ACCESS.  SUBJECT  TO THE PROVISIONS OF THIS SECTION AND
 APPROVAL OF AN APPLICATION, IF REQUIRED, A WIRELESS PROVIDER SHALL  HAVE
 THE  RIGHT, AS A PERMITTED USE NOT SUBJECT TO ZONING REVIEW OR APPROVAL,
 BUT SUBJECT TO THE ISSUANCE OF A PERMIT BY THE MUNICIPAL CORPORATION  AS
 PROVIDED   IN   THIS  ARTICLE,  TO  COLLOCATE  WIRELESS  FACILITIES  AND
 CONSTRUCT, MODIFY, MAINTAIN, AND OPERATE UTILITY POLES, WIRELESS SUPPORT
 STRUCTURES, CONDUIT, CABLE, AND  RELATED  APPURTENANCES  AND  FACILITIES
 ALONG,  ACROSS,  UPON, AND UNDER THE ROW. SUCH STRUCTURES AND FACILITIES
 SHALL BE SO CONSTRUCTED AND MAINTAINED AS NOT TO OBSTRUCT OR HINDER  THE
 USUAL  TRAVEL  OR PUBLIC SAFETY ON SUCH ROW OR OBSTRUCT THE LEGAL USE OF
 SUCH ROW BY OTHER UTILITIES. EACH NEW OR MODIFIED UTILITY POLE AND WIRE-
 LESS SUPPORT STRUCTURE INSTALLED IN THE ROW SHALL NOT EXCEED THE GREATER
 OF (I) TEN FEET IN HEIGHT ABOVE THE TALLEST  EXISTING  UTILITY  POLE  IN
 PLACE  AS  OF  THE  EFFECTIVE  DATE  OF THIS ARTICLE LOCATED WITHIN FIVE
 HUNDRED FEET OF THE NEW POLE IN THE SAME ROW; OR (II) FIFTY  FEET  ABOVE
 GROUND LEVEL. NEW WIRELESS FACILITIES IN THE ROW MAY NOT EXTEND (I) MORE
 THAN  TEN FEET ABOVE AN EXISTING UTILITY POLE OR WIRELESS SUPPORT STRUC-
 TURE IN PLACE AS OF THE EFFECTIVE DATE OF THIS ARTICLE;  OR  (II)  ABOVE
 THE  HEIGHT  PERMITTED FOR A NEW UTILITY POLE OR WIRELESS SUPPORT STRUC-
 TURE UNDER THIS SECTION. NOTWITHSTANDING THE FOREGOING:
 S. 4600                             5
 
   A. SUBJECT TO THIS ARTICLE, A WIRELESS PROVIDER SHALL HAVE  THE  RIGHT
 TO  CONSTRUCT,  MODIFY  AND  MAINTAIN  A  UTILITY POLE, WIRELESS SUPPORT
 STRUCTURE, OR WIRELESS FACILITY THAT EXCEEDS THESE  SIZE  LIMITS  ALONG,
 ACROSS,  UPON  AND  UNDER  THE ROW, SUBJECT TO REVIEW IN ACCORDANCE WITH
 APPLICABLE MUNICIPAL ZONING REGULATIONS; AND
   B.  APPLICANTS  SHALL  COMPLY  WITH  NONDISCRIMINATORY  UNDERGROUNDING
 REQUIREMENTS AFTER OBTAINING PRIOR ZONING APPROVAL IN  AREAS  ZONED  FOR
 SINGLE FAMILY RESIDENTIAL USE, PROVIDED THAT SUCH REQUIREMENTS SHALL NOT
 PROHIBIT  THE  REPLACEMENT OF EXISTING STRUCTURES OR RESULT IN AN EFFEC-
 TIVE PROHIBITION OF SERVICES.  IN  ALL  OTHER  ZONING  DISTRICTS,  PRIOR
 ZONING APPROVAL SHALL NOT BE REQUIRED FOR UNDERGROUNDING NEW INFRASTRUC-
 TURE ASSOCIATED WITH SMALL WIRELESS FACILITIES.
   6.  NO  DISCRIMINATION.  THE MUNICIPAL CORPORATION, IN THE EXERCISE OF
 ITS ADMINISTRATION AND REGULATION RELATED TO THE MANAGEMENT OF  THE  ROW
 MUST  BE  COMPETITIVELY  NEUTRAL  WITH REGARD TO OTHER USERS OF THE ROW,
 INCLUDING THAT TERMS MAY NOT BE UNREASONABLE OR DISCRIMINATORY  AND  MAY
 NOT VIOLATE ANY APPLICABLE LAW.
   7. DAMAGE AND REPAIR. THE MUNICIPAL CORPORATION MAY REQUIRE A WIRELESS
 PROVIDER  TO  REPAIR ALL DAMAGE TO THE ROW DIRECTLY CAUSED BY THE ACTIV-
 ITIES OF THE WIRELESS PROVIDER, WHILE OCCUPYING,  INSTALLING,  REPAIRING
 OR  MAINTAINING  WIRELESS  FACILITIES,  WIRELESS  SUPPORT STRUCTURES, OR
 UTILITY POLES IN THE ROW AND TO RETURN THE ROW TO ITS FUNCTIONAL  EQUIV-
 ALENCE  BEFORE THE DAMAGE PURSUANT TO THE COMPETITIVELY NEUTRAL, REASON-
 ABLE REQUIREMENTS AND SPECIFICATIONS OF THE  MUNICIPAL  CORPORATION.  IF
 THE  WIRELESS  PROVIDER FAILS TO MAKE THE REPAIRS REASONABLY REQUIRED BY
 THE MUNICIPAL CORPORATION WITHIN A REASONABLE TIME AFTER WRITTEN NOTICE,
 THE MUNICIPAL CORPORATION MAY EFFECT THOSE REPAIRS AND CHARGE THE APPLI-
 CABLE PARTY THE REASONABLE, DOCUMENTED ACTUAL COST OF SUCH REPAIRS.
   § 302. COLLOCATION OF SMALL WIRELESS  FACILITIES  AND  MICRO  WIRELESS
 FACILITIES. 1. APPLICABILITY. THE PROVISIONS OF THIS SECTION SHALL APPLY
 TO  ACTIVITIES  OF A WIRELESS PROVIDER WITHIN OR OUTSIDE OF THE RIGHT OF
 WAY.
   2. EXCEPT AS EXPRESSLY PROVIDED IN THIS ARTICLE, NO  MUNICIPAL  CORPO-
 RATION   MAY  REGULATE,  PROHIBIT  OR  CHARGE  FOR  THE  COLLOCATION  OF
 SMALL/MICRO WIRELESS FACILITIES.
   3. SMALL WIRELESS FACILITIES AND MICRO WIRELESS  FACILITIES  SHALL  BE
 CLASSIFIED  AS  PERMITTED  USES  AND  NOT  SUBJECT  TO  ZONING REVIEW OR
 APPROVAL IF THEY ARE COLLOCATED: (I) IN THE RIGHT OF WAY IN  ANY  ZONING
 DISTRICT;  OR (II) OUTSIDE THE RIGHT OF WAY IN PROPERTY NOT ZONED EXCLU-
 SIVELY FOR SINGLE FAMILY RESIDENTIAL USE.
   4. A MUNICIPAL CORPORATION MAY REQUIRE AN APPLICANT TO OBTAIN  ONE  OR
 MORE  PERMITS  TO  COLLOCATE  A  SMALL  WIRELESS FACILITY, PROVIDED SUCH
 PERMITS ARE OF GENERAL APPLICABILITY AND DO  NOT  APPLY  EXCLUSIVELY  TO
 WIRELESS  FACILITIES. A MUNICIPAL CORPORATION SHALL RECEIVE APPLICATIONS
 FOR, PROCESS, AND ISSUE SUCH PERMITS SUBJECT TO THE  FOLLOWING  REQUIRE-
 MENTS: (I) NO MUNICIPAL CORPORATION MAY, DIRECTLY OR INDIRECTLY, REQUIRE
 AN  APPLICANT TO PERFORM SERVICES UNRELATED TO THE COLLOCATION FOR WHICH
 APPROVAL IS SOUGHT, SUCH  AS  IN-KIND  CONTRIBUTIONS  TO  THE  MUNICIPAL
 CORPORATION,  INCLUDING  RESERVING FIBER, CONDUIT, OR POLE SPACE FOR THE
 MUNICIPAL CORPORATION; (II) NO APPLICANT SHALL BE  REQUIRED  TO  PROVIDE
 MORE  INFORMATION TO OBTAIN A PERMIT THAN COMMUNICATIONS SERVICE PROVID-
 ERS THAT ARE NOT WIRELESS PROVIDERS; (III) WITHIN TEN DAYS OF  RECEIVING
 AN  APPLICATION,  A MUNICIPAL CORPORATION SHALL DETERMINE AND NOTIFY THE
 APPLICANT WHETHER THE APPLICATION IS  COMPLETE.  IF  AN  APPLICATION  IS
 INCOMPLETE,  THE  MUNICIPAL CORPORATION SHALL SPECIFICALLY IDENTIFY WHAT
 INFORMATION IS MISSING; (IV) AN APPLICATION  SHALL  BE  PROCESSED  ON  A
 S. 4600                             6
 
 NONDISCRIMINATORY  BASIS  AND  SHALL BE DEEMED APPROVED IF THE MUNICIPAL
 CORPORATION FAILS TO OTHERWISE APPROVE OR DENY  THE  APPLICATION  WITHIN
 SIXTY  DAYS OF RECEIPT; AND (V) A MUNICIPAL CORPORATION SHALL APPROVE AN
 APPLICATION  UNLESS  IT  DOES NOT MEET THE REQUIREMENTS OF THIS ARTICLE.
 THE MUNICIPAL CORPORATION SHALL  DOCUMENT  THE  BASIS  FOR  ANY  DENIAL,
 INCLUDING  THE  SPECIFIC  CODE PROVISIONS ON WHICH THE DENIAL WAS BASED,
 AND SEND THE DOCUMENTATION TO THE APPLICANT ON OR  BEFORE  THE  DAY  THE
 MUNICIPAL CORPORATION DENIES THE APPLICATION. THE APPLICANT MAY CURE THE
 DEFICIENCIES  IDENTIFIED  BY  THE MUNICIPAL CORPORATION AND RESUBMIT THE
 APPLICATION WITHIN THIRTY DAYS OF THE DENIAL  WITHOUT  PAYING  AN  ADDI-
 TIONAL  APPLICATION FEE. THE MUNICIPAL CORPORATION SHALL APPROVE OR DENY
 THE REVISED APPLICATION WITHIN THIRTY DAYS. ANY SUBSEQUENT REVIEW  SHALL
 BE  LIMITED  TO  THE DEFICIENCIES CITED IN THE DENIAL; (VI) AN APPLICANT
 SEEKING TO COLLOCATE SMALL WIRELESS FACILITIES WITHIN  THE  JURISDICTION
 OF  A  SINGLE MUNICIPAL CORPORATION SHALL BE ALLOWED, AT THE APPLICANT'S
 DISCRETION, TO FILE A CONSOLIDATED  APPLICATION  AND  RECEIVE  A  SINGLE
 PERMIT  FOR THE COLLOCATION OF MULTIPLE SMALL WIRELESS FACILITIES; (VII)
 COLLOCATION FOR WHICH A PERMIT HAS BEEN GRANTED  SHALL  COMMENCE  WITHIN
 ONE  YEAR  OF APPROVAL AND SHALL BE PURSUED TO COMPLETION; AND (VIII) NO
 MUNICIPAL CORPORATION MAY INSTITUTE, EITHER EXPRESSLY  OR  DE  FACTO,  A
 MORATORIUM  ON:  A. FILING, RECEIVING, OR PROCESSING APPLICATIONS; OR B.
 ISSUING PERMITS OR OTHER APPROVALS, IF ANY, FOR THE COLLOCATION OF SMALL
 WIRELESS FACILITIES.
   5. APPLICATION FEES SHALL BE SUBJECT TO  THE  FOLLOWING  REQUIREMENTS:
 (I)  A  MUNICIPAL CORPORATION MAY CHARGE AN APPLICATION FEE ONLY IF SUCH
 FEE IS REQUIRED FOR SIMILAR TYPES OF COMMERCIAL DEVELOPMENT  WITHIN  THE
 MUNICIPAL CORPORATION'S JURISDICTION; (II) A MUNICIPAL CORPORATION SHALL
 ONLY  CHARGE A FEE FOR THE ACTUAL, DIRECT, AND REASONABLE COSTS INCURRED
 BY THE MUNICIPAL CORPORATION RELATING TO THE GRANTING OR  PROCESSING  OF
 AN  APPLICATION.    SUCH FEES SHALL BE REASONABLY RELATED IN TIME TO THE
 INCURRING OF SUCH COSTS.   WHERE SUCH COSTS  ARE  ALREADY  RECOVERED  BY
 EXISTING  FEES, RATES, OR TAXES PAID BY A WIRELESS PROVIDER, NO APPLICA-
 TION FEE SHALL BE ASSESSED TO RECOVER SUCH COSTS; (III) A  FEE  MAY  NOT
 INCLUDE:  A.  TRAVEL EXPENSES INCURRED BY A THIRD PARTY IN ITS REVIEW OF
 AN APPLICATION; OR B. DIRECT PAYMENT OR  REIMBURSEMENT  OF  THIRD  PARTY
 RATES  OR FEES CHARGED ON A CONTINGENCY BASIS OR A RESULT-BASED ARRANGE-
 MENT; (IV) IN ANY CONTROVERSY CONCERNING THE APPROPRIATENESS OF  A  FEE,
 THE  MUNICIPAL CORPORATION SHALL HAVE THE BURDEN OF PROVING THAT THE FEE
 IS REASONABLY RELATED  TO  THE  ACTUAL,  DIRECT,  AND  REASONABLE  COSTS
 INCURRED BY THE MUNICIPAL CORPORATION; (V) TOTAL APPLICATION FEES, WHERE
 PERMITTED,  SHALL  NOT  EXCEED  THE  LESSER OF THE AMOUNT CHARGED BY THE
 MUNICIPAL CORPORATION FOR: A. A BUILDING PERMIT FOR ANY SIMILAR  COMMER-
 CIAL  CONSTRUCTION, ACTIVITY, OR LAND USE DEVELOPMENT; OR B. ONE HUNDRED
 DOLLARS EACH FOR UP TO FIVE SMALL WIRELESS FACILITIES  ADDRESSED  IN  AN
 APPLICATION AND FIFTY DOLLARS FOR EACH ADDITIONAL SMALL WIRELESS FACILI-
 TY ADDRESSED IN THE APPLICATION.
   6.  NO  MUNICIPAL  CORPORATION  SHALL REQUIRE AN APPLICATION FOR:  (I)
 ROUTINE MAINTENANCE; (II) THE REPLACEMENT OF  WIRELESS  FACILITIES  WITH
 WIRELESS  FACILITIES  THAT ARE SUBSTANTIALLY SIMILAR OR THE SAME SIZE OR
 SMALLER; OR (III) THE INSTALLATION, PLACEMENT, MAINTENANCE, OPERATION OR
 REPLACEMENT OF MICRO WIRELESS  FACILITIES  THAT  ARE  STRUNG  ON  CABLES
 BETWEEN  EXISTING  UTILITY  POLES, IN COMPLIANCE WITH THE NATIONAL ELEC-
 TRICAL SAFETY CODE. A MUNICIPAL CORPORATION MAY REQUIRE A PERMIT TO WORK
 WITHIN THE RIGHT OF WAY FOR SUCH ACTIVITIES,  IF  APPLICABLE.  ANY  SUCH
 PERMITS SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION.
 S. 4600                             7
 
   §  303. ACCESS TO MUNICIPAL CORPORATION STRUCTURES. 1.  COLLOCATION OF
 SMALL WIRELESS FACILITIES ON OR ADJACENT TO MUNICIPAL CORPORATION  POLES
 AND  UTILITY  POLES  FOR DESIGNATED SERVICES. (I) EXCLUSIVE ARRANGEMENTS
 PROHIBITED.  A PERSON OWNING OR CONTROLLING MUNICIPAL POLES  OR  UTILITY
 POLES  FOR  DESIGNATED SERVICES MAY NOT ENTER INTO AN EXCLUSIVE ARRANGE-
 MENT WITH ANY PERSON FOR THE RIGHT TO ATTACH  TO  OR  ADJACENT  TO  SUCH
 POLES.
   (II)  RATES.  A. THE RATES AND FEES FOR COLLOCATIONS ON OR ADJACENT TO
 MUNICIPAL CORPORATION POLES OR UTILITY  POLES  FOR  DESIGNATED  SERVICES
 SHALL  BE  NONDISCRIMINATORY  REGARDLESS OF THE SERVICES PROVIDED BY THE
 COLLOCATING PERSON; B. THE RATE TO COLLOCATE ON OR ADJACENT  TO  UTILITY
 POLES  FOR  DESIGNATED SERVICES MAY NOT EXCEED THE ANNUAL RECURRING RATE
 THAT WOULD BE PERMITTED UNDER RULES ADOPTED BY THE FCC UNDER 47 U.S.C. §
 224(E) IF THE RATES WERE REGULATED BY THE FCC OR TWENTY DOLLARS PER YEAR
 PER WOODEN UTILITY POLE OR TWO  HUNDRED  DOLLARS  PER  YEAR  PER  METAL,
 CONCRETE,  OR FIBERGLASS UTILITY POLE, WHICHEVER IS LESS; C. THE RATE TO
 COLLOCATE ON MUNICIPAL  CORPORATION  POLES  SHALL  RECOVER  THE  ACTUAL,
 DIRECT,  AND REASONABLE COSTS RELATED TO THE APPLICANT'S APPLICATION FOR
 AND USE OF SPACE ON THE MUNICIPAL CORPORATION POLE; D. THE TOTAL  ANNUAL
 RATE  FOR  COLLOCATIONS  AND ANY ACTIVITIES RELATED TO SUCH COLLOCATIONS
 SHALL NOT EXCEED THE LESSER OF  ACTUAL,  DIRECT,  AND  REASONABLE  COSTS
 RELATED  TO THE COLLOCATION ON OR ADJACENT TO THE POLE OR TWENTY DOLLARS
 PER YEAR PER WOODEN UTILITY POLE OR TWO HUNDRED  DOLLARS  PER  YEAR  PER
 METAL,  CONCRETE,  OR  FIBERGLASS UTILITY POLE, WHICHEVER IS LESS; E. IN
 ANY CONTROVERSY CONCERNING THE APPROPRIATENESS OF A RATE FOR A MUNICIPAL
 CORPORATION'S POLE, THE MUNICIPAL CORPORATION SHALL HAVE THE  BURDEN  OF
 PROVING THAT THE RATES ARE REASONABLY RELATED TO THE ACTUAL, DIRECT, AND
 REASONABLE  COSTS INCURRED FOR USE OF SPACE ON THE POLE FOR SUCH PERIOD;
 F.  SHOULD A MUNICIPAL CORPORATION, MUNICIPALLY-OWNED  OR  OPERATED-PER-
 SON,  PUBLIC  UTILITY  DISTRICT,  OR  COOPERATIVE  HAVE AN EXISTING POLE
 ATTACHMENT RATE, FEE, OR OTHER  TERM  THAT  DOES  NOT  COMPLY  WITH  THE
 REQUIREMENTS  OF  THIS  SECTION, THE MUNICIPAL CORPORATION, MUNICIPALLY-
 OWNED OR OPERATED PERSON, PUBLIC UTILITY DISTRICT, OR COOPERATIVE SHALL,
 NOT LATER THAN SIX MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS  ARTICLE,
 REFORM SUCH RATE, FEE, OR TERM IN COMPLIANCE WITH THIS SUBDIVISION.
   (III) RATES, FEES, AND TERMS TO BE OFFERED. PERSONS OWNING OR CONTROL-
 LING  MUNICIPAL  CORPORATION  POLES  AND  UTILITY  POLES  FOR DESIGNATED
 SERVICES SHALL OFFER RATES, FEES, AND OTHER TERMS THAT COMPLY  WITH  THE
 PROVISION  SET  FORTH  IN THIS SECTION WITHIN THE LATER OF SIX MONTHS OF
 THE EFFECTIVE DATE OF THIS ARTICLE OR THREE  MONTHS  AFTER  RECEIVING  A
 REQUEST  TO  COLLOCATE  ITS FIRST SMALL WIRELESS FACILITY ON A MUNICIPAL
 CORPORATION POLE OR A UTILITY POLE  FOR  DESIGNATED  SERVICES  OWNED  OR
 CONTROLLED BY A MUNICIPAL CORPORATION.
   2.  COLLOCATION  ON  OR  ADJACENT  TO  MUNICIPAL  CORPORATION WIRELESS
 SUPPORT STRUCTURES AND UTILITY POLES OUTSIDE THE RIGHT OF WAY. A MUNICI-
 PAL CORPORATION SHALL AUTHORIZE THE COLLOCATION OF SMALL WIRELESS FACIL-
 ITIES AND MICRO WIRELESS FACILITIES ON OR ADJACENT TO  WIRELESS  SUPPORT
 STRUCTURES  AND  UTILITY POLES OWNED OR CONTROLLED BY A MUNICIPAL CORPO-
 RATION THAT ARE NOT LOCATED WITHIN THE RIGHT OF WAY TO THE  SAME  EXTENT
 THE  MUNICIPAL  CORPORATION  PERMITS ACCESS TO SUCH STRUCTURES FOR OTHER
 COMMERCIAL PROJECTS OR USES.  SUCH  COLLOCATIONS  SHALL  BE  SUBJECT  TO
 REASONABLE  AND  NONDISCRIMINATORY RATES, FEES, AND TERMS AS PROVIDED IN
 AN AGREEMENT BETWEEN THE MUNICIPAL CORPORATION AND THE WIRELESS  PROVID-
 ER.
   §  304. LOCAL AUTHORITY. SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND
 APPLICABLE FEDERAL LAW, A MUNICIPAL CORPORATION MAY CONTINUE TO EXERCISE
 S. 4600                             8
 
 ZONING, LAND USE, PLANNING AND PERMITTING AUTHORITY WITHIN ITS  TERRITO-
 RIAL  BOUNDARIES,  INCLUDING  WITH RESPECT TO WIRELESS SUPPORT STRUCTURE
 AND UTILITY POLES; EXCEPT THAT NO MUNICIPAL CORPORATION  SHALL  HAVE  OR
 EXERCISE  ANY  JURISDICTION  OR  AUTHORITY OVER THE DESIGN, ENGINEERING,
 CONSTRUCTION, INSTALLATION, OR OPERATION OF ANY SMALL WIRELESS  FACILITY
 OR  MICRO WIRELESS FACILITY LOCATED IN AN INTERIOR STRUCTURE OR UPON THE
 SITE OF ANY CAMPUS, STADIUM, OR ATHLETIC FACILITY NOT OTHERWISE OWNED OR
 CONTROLLED BY THE MUNICIPAL  CORPORATION,  OTHER  THAN  TO  COMPLY  WITH
 APPLICABLE  CODES.  NOTHING  IN THIS ARTICLE AUTHORIZES THE STATE OR ANY
 POLITICAL SUBDIVISION, INCLUDING A  MUNICIPAL  CORPORATION,  TO  REQUIRE
 WIRELESS FACILITY DEPLOYMENT OR TO REGULATE WIRELESS SERVICES.
   § 305. DISPUTE RESOLUTION. COURTS OF COMPETENT JURISDICTION SHALL HAVE
 JURISDICTION TO DETERMINE ALL DISPUTES ARISING UNDER THIS ARTICLE.
   §  306.  INDEMNIFICATION.    NO  MUNICIPAL CORPORATION SHALL REQUIRE A
 WIRELESS PROVIDER TO INDEMNIFY AND HOLD THE  MUNICIPAL  CORPORATION  AND
 ITS  OFFICERS AND EMPLOYEES HARMLESS AGAINST ANY CLAIMS, LAWSUITS, JUDG-
 MENTS, COSTS, LIENS, LOSSES, EXPENSES OR FEES, EXCEPT WHEN  A  COURT  OF
 COMPETENT  JURISDICTION  HAS  FOUND  THAT THE NEGLIGENCE OF THE WIRELESS
 PROVIDER WHILE INSTALLING, REPAIRING OR MAINTAINING CAUSED THE HARM THAT
 CREATED  SUCH  CLAIMS,  LAWSUITS,  JUDGMENTS,  COSTS,   LIENS,   LOSSES,
 EXPENSES,  OR FEES OR TO REQUIRE A WIRELESS PROVIDER TO OBTAIN INSURANCE
 NAMING THE MUNICIPAL CORPORATION OR ITS OFFICERS AND EMPLOYEES AN  ADDI-
 TIONAL INSURED AGAINST ANY OF THE FOREGOING.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.