HF 3554

as introduced - 89th Legislature (2015 - 2016) Posted on 03/23/2016 11:21am

A bill for an act
relating to telecommunications; providing for deployment of small wireless
facilities; amending Minnesota Statutes 2014, section 222.37, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 237.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 222.37, subdivision 1, is amended to read:

Subdivision 1.

Use requirements.

Any water power, telegraph, telephone, new text begin wireless
communications service provider, new text end pneumatic tube, pipeline, community antenna television,
cable communications or electric light, heat, power company, or fire department may use
public roads for the purpose of constructing, using, operating, and maintaining lines,
subways, canals, conduits, hydrants, or dry hydrants, for their business, but such lines shall
be so located as in no way to interfere with the safety and convenience of ordinary travel
along or over the same; and, in the construction and maintenance of such line, subway,
canal, conduit, hydrants, or dry hydrants, the company shall be subject to all reasonable
regulations imposed by the governing body of any county, town or city in which such
public road may be. If the governing body does not require the company to obtain a permit,
a company shall notify the governing body of any county, town, or city having jurisdiction
over a public road prior to the construction or major repair, involving extensive excavation
on the road right-of-way, of the company's equipment along, over, or under the public
road, unless the governing body waives the notice requirement. A waiver of the notice
requirement must be renewed on an annual basis. For emergency repair a company shall
notify the governing body as soon as practical after the repair is made. Nothing herein shall
be construed to grant to any person any rights for the maintenance of a telegraph, telephone,
pneumatic tube, community antenna television system, cable communications system, or
light, heat, power system, or hydrant system within the corporate limits of any city until
such person shall have obtained the right to maintain such system within such city or for a
period beyond that for which the right to operate such system is granted by such city.

Sec. 2.

new text begin [237.90] SMALL WIRELESS FACILITIES DEPLOYMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Antenna" means communications equipment that transmits or receives
electromagnetic radio signals used to provide wireless service.
new text end

new text begin (c) "Applicant" means a wireless service provider that submits an application to
deploy small wireless facilities under this section.
new text end

new text begin (d) "Application" means a request submitted by an applicant to an authority seeking
to collocate small wireless facilities or small wireless facility networks under subdivision 2.
new text end

new text begin (e) "Authority" means a city, village, incorporated town, township, county, local unit
of government, or other political subdivision of this or another state that has entered into
an agreement to jointly or cooperatively exercise powers under section 471.59:
new text end

new text begin (1) over the jurisdiction, control, or use of public rights-of-way; or
new text end

new text begin (2) for zoning, land use, or other official control of placements not within the public
rights-of-way.
new text end

new text begin (f) "Authority structure" means an existing tower, building, water tower, or other
structure owned or controlled by an authority. Authority structure does not include
an authority utility pole.
new text end

new text begin (g) "Authority utility pole" means a utility pole or other similar structure that is (1)
used in whole or in part for communications service, electric service, lighting, traffic
control, signage, or similar functions, and (2) owned or controlled by an authority.
new text end

new text begin (h) "Collocate" means to install, mount, maintain, modify, operate, or replace
wireless facilities on an existing private or public tower, building, private or authority
utility pole, water tower, or other structure. Collocation includes any installation,
mounting, maintenance, modification, replacement, or operation of wireless facilities on a
replacement private or authority utility pole of a similar height, location, and appearance
as an existing structure.
new text end

new text begin (i) "Private utility pole" means a utility pole or other similar structure that is (1) used
in whole or in part for communications service, electric service, or similar functions, and
(2) not owned or controlled by an authority.
new text end

new text begin (j) "Small wireless facilities" means wireless facilities that meet both of the
following qualifications: (1) each antenna is located inside an enclosure that is 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 that
is no more than six cubic feet; and (2) all other wireless equipment associated with the
structure is cumulatively no more than 28 cubic feet in volume. Small wireless facilities
includes a new pole no taller than 35 feet above ground level that is erected or installed
by a communications service provider in order to support antennas and other wireless
equipment described in clause (2). For the purposes of this paragraph, the following types
of associated ancillary equipment are not included in the calculation of equipment volume:
electric meters, concealment, telecommunications demarcation boxes, ground-based
enclosures, grounding equipment, power transfer switches, cutoff switches, and vertical
cable runs for the connection of power and other services.
new text end

new text begin (k) "Small wireless facility network" means a collection of interrelated small
wireless facilities designed to deliver wireless communications service.
new text end

new text begin (l) "Utility pole" means a pole or similar structure that is used in whole or in part
for communications service, electric service, lighting, traffic control, signage, or other
similar functions.
new text end

new text begin (m) "Wireless facilities" means equipment at a fixed location that enables wireless
communications between user equipment and a communications network, including
but not limited to:
new text end

new text begin (1) equipment associated with wireless communications services, including private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed
wireless services, including microwave backhaul; and
new text end

new text begin (2) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup
power supplies, and comparable equipment, regardless of technological configuration.
new text end

new text begin (n) "Wireless service" means any fixed or mobile wireless communications services
provided using wireless facilities.
new text end

new text begin (o) "Wireless service provider" means a provider of wireless service.
new text end

new text begin Subd. 2. new text end

new text begin Siting; small wireless facilities and small wireless facility networks.
new text end

new text begin (a) Except as provided in this chapter and chapter 238, an authority must not prohibit,
regulate, or charge a fee to collocate and install small wireless facilities or small wireless
facility networks.
new text end

new text begin (b) Small wireless facilities and small wireless facility networks must be classified
as permitted uses and are not subject to the zoning, land use, or other official controls,
including height, setbacks, or any special or conditional use standards, in:
new text end

new text begin (1) all public rights-of-way and authority property; and
new text end

new text begin (2) other property not zoned exclusively for single-family residential use.
new text end

new text begin (c) Small wireless facilities and small wireless facility networks may be classified
as special or conditional uses if the facilities are (1) not located on public rights-of-way
or authority property, and (2) located on property zoned exclusively for single-family
residential use.
new text end

new text begin (d) An authority may require building permits, encroachment permits to work within
public rights-of-way, and other permits to collocate or install small wireless facilities and
small wireless facility networks, provided the permits apply generally to all users of
the right-of-way. Authorities must receive applications for, process, and issue permit
approvals subject to the following:
new text end

new text begin (1) applicants must not be required to pay a higher application processing fee than
communications service providers that are not wireless providers, and total processing
fees for any individual permit or approval, including any fees charged by third parties,
must not exceed $500;
new text end

new text begin (2) applicants must not be required to perform any services, including restoration
work not directly related to the collocation, to obtain approval for an application;
new text end

new text begin (3) applicants must not be required to provide more information to obtain a permit
than communications service providers that are not wireless service providers;
new text end

new text begin (4) section 15.99 applies to each application for a permit or approval, which may
address multiple small wireless facilities or a small wireless facilities network;
new text end

new text begin (5) an authority may deny an application only if the proposed small wireless
facility or small wireless facility network does not meet authority regulations governing
construction in public rights-of-way, building codes, electrical codes, or related standards,
provided the codes and standards apply generally. The authority must document the basis
for any denial, including the specific regulations, codes, or standards on which the denial
was based, and send the documentation to the applicant on or before the day an authority
denies an application. An applicant may cure the deficiencies identified by the authority
and resubmit the application within 30 days of the denial without paying an additional
processing fee. The authority must approve or deny the revised application within 30 days;
new text end

new text begin (6) an authority must not limit the duration of a permit or approval related to one or
more small wireless facilities or a small wireless facility network;
new text end

new text begin (7) notwithstanding sections 394.34, 462.355, or any other law, an authority must
not institute a moratorium on (1) filing, receiving, or processing applications to collocate
or install small wireless facilities and small wireless facility networks, or (2) issuing
permits or approvals to collocate or install small wireless facilities and small wireless
facility networks; and
new text end

new text begin (8) an authority must not impose discriminatory licensing standards for persons
constructing small wireless facilities and small wireless facility networks. An authority
must receive applications for, process, and issue licenses to construct small wireless
facilities and small wireless facility networks in a manner substantially comparable to the
licensing of other contractors subject to the authority's jurisdiction.
new text end

new text begin (e) A wireless provider or licensed contractor may collocate small wireless facilities
and small wireless facility networks on authority utility poles located within public
rights-of-way, subject to reasonable rates, terms, and conditions. An authority must
process authority utility pole collocation requests, issue permits, and authorize the
installation and operation of small wireless facilities and small wireless facility networks
on authority utility poles pending negotiation of an agreement. Authority utility pole
collocation requests must be processed in the same manner as permit applications under
paragraph (d). An authority may charge a reasonable annual recurring rate to collocate a
small wireless facility on an authority utility pole, but the rate must not exceed the rate
produced by applying the Federal Communications Commission Telecommunications
Pole Attachment formula in Code of Federal Regulations, title 47, section 1.1409(e)(2).
new text end

new text begin (f) An authority must authorize the collocation of small wireless facilities and small
wireless facility networks on authority structures not located within a public right-of-way
to the same extent an authority permits access to authority structures for other commercial
projects or uses. An authority may authorize collocation if the authority has not previously
permitted access. Collocations are subject to reasonable rates, terms, and conditions
provided in one or more agreements between a wireless provider and an authority. The
rate charged for collocation must be calculated on an annual basis and must not exceed the
lesser of: (1) the amount charged for similar commercial projects or uses to occupy or
use the same amount of space on similarly situated property; (2) the projected cost to the
authority resulting from the collocation; or (3) $500 annually.
new text end

new text begin Subd. 3. new text end

new text begin Construction; maintenance. new text end

new text begin Notwithstanding section 237.163, a
communications service provider, its contractor, or a communications facilities provider,
subject to the receipt of all permits and approvals processed under subdivision 2, has the
right to construct, maintain, and operate conduit, poles, cables, wireless facilities, and
related facilities along, across, upon, under, and over any public street, road, highway,
or right-of-way. Notwithstanding this section, a local government unit, as defined in
section 237.162, subdivision 2, may charge fees to recover its right-of-way management
costs under section 237.163, subdivision 6.
new text end