1.1 	A bill for an act
1.2 	relating to telecommunications; providing for collocation of small wireless facilities;
1.3 	amending Minnesota Statutes 2016, sections 237.162, subdivisions 2, 4, 9, by 
1.4 	adding subdivisions; 237.163, subdivisions 2, 4, 6, by adding subdivisions.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2016, section 237.162, subdivision 2, is amended to read:
1.7 		Subd. 2.Local government unit. "Local government unit" means a county, home rule 
1.8 	charter or statutory city, or town, or the Metropolitan Council.

1.9 	EFFECTIVE DATE. This section is effective the day following final enactment.

1.10 	Sec. 2. Minnesota Statutes 2016, section 237.162, subdivision 4, is amended to read:
1.11 		Subd. 4.Telecommunications right-of-way user. (a) "Telecommunications right-of-way 
1.12 	user" means a person owning or controlling a facility in the public right-of-way, or seeking 
1.13 	to own or control a facility in the public right-of-way, that is used or is intended to be used 
1.14 	for transporting telecommunications or other voice or data information.
1.15 	(b) A provider of wireless services using a small wireless facility authorized by a 
1.16 	collocation permit approved under section 237.163, subdivision 3c, is a telecommunications 
1.17 	right-of-way user for the purposes of this section and section 237.163.
1.18 	(c) Neither a cable communication system defined and regulated under chapter 238, and
1.19 	nor, with respect to the provision of telecommunications activities related to providing 
1.20 	natural gas or electric energy services whether provided by, a public utility as defined in 
1.21 	section 216B.02, a municipality, a municipal gas or power agency organized under chapter 
1.22 	453 or 453A, or a cooperative electric association organized under chapter 308A, are not
2.1 	is a telecommunications right-of-way users user for the purposes of this section and section 
2.2 	237.163, unless these entities are providing wireless services using a small wireless facility 
2.3 	authorized by a collocation permit approved under section 237.163, subdivision 3c.

2.4 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.5 	Sec. 3. Minnesota Statutes 2016, section 237.162, subdivision 9, is amended to read:
2.6 		Subd. 9.Management costs or rights-of-way management costs. (a) "Management 
2.7 	costs" or "rights-of-way management costs" means the actual costs a local government unit 
2.8 	incurs in managing its public rights-of-way, and includes such costs, if incurred, as those 
2.9 	associated with registering applicants; issuing, processing, and verifying right-of-way or 
2.10 	collocation permit applications; inspecting job sites and restoration projects; maintaining, 
2.11 	supporting, protecting, or moving user equipment during public right-of-way work; 
2.12 	determining the adequacy of right-of-way restoration; restoring work inadequately performed 
2.13 	after providing notice and the opportunity to correct the work; and revoking right-of-way 
2.14 	or collocation permits.
2.15 	(b) Management costs do not include a fee charged by a third-party contractor of the 
2.16 	local government unit for performance of any of the management activities in paragraph 
2.17 	(a). Management costs do not include payment by a telecommunications right-of-way user 
2.18 	for the use of the public right-of-way, any fee based on a telecommunications right-of-way 
2.19 	user's revenues or number of customers, subscribers, access lines, or other performance 
2.20 	measure, the fees and cost of litigation relating to the interpretation of this section or section 
2.21 	237.163 or any ordinance enacted under those sections, or the local unit of government's 
2.22 	fees and costs related to appeals taken pursuant to section 237.163, subdivision 5.

2.23 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.24 	Sec. 4. Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to 
2.25 	read:
2.26 		Subd. 10.Collocate. "Collocate" or "collocation" means to install, mount, maintain, 
2.27 	modify, operate, or replace a small wireless facility on, under, within, or adjacent to an 
2.28 	existing wireless support structure that is owned privately or by a local government unit.

2.29 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.1 	Sec. 5. Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to 
3.2 	read:
3.3 		Subd. 11.Small wireless facility. "Small wireless facility" means a wireless facility 
3.4 	that meets both of the following qualifications:
3.5 	(1) each antenna is located inside an enclosure of no more than six cubic feet in volume 
3.6 	or, in the case of an antenna that has exposed elements, the antenna and all its exposed 
3.7 	elements could fit within an enclosure of no more than six cubic feet; and
3.8 	(2) all other wireless equipment associated with the facility, excluding electric meters, 
3.9 	concealment elements, telecommunications demarcation boxes, battery backup power 
3.10 	systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, 
3.11 	vertical cable runs for the connection of power and other services, and any equipment 
3.12 	concealed from public view within or behind an existing structure or concealment, is in 
3.13 	aggregate no more than 28 cubic feet in volume.

3.14 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.15 	Sec. 6. Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to 
3.16 	read:
3.17 		Subd. 12.Utility pole. "Utility pole" means a pole that is used in whole or in part to 
3.18 	facilitate telecommunications or electric service.

3.19 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.20 	Sec. 7. Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to 
3.21 	read:
3.22 		Subd. 13.Wireless facility. "Wireless facility" means an antenna, accessory equipment, 
3.23 	or other wireless device or equipment used to provide wireless service.

3.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.25 	Sec. 8. Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to 
3.26 	read:
3.27 		Subd. 14.Wireless service. "Wireless service" means any service using licensed or 
3.28 	unlicensed wireless spectrum, whether at a fixed location or by means of a mobile device, 
3.29 	that is provided using wireless facilities.

3.30 	EFFECTIVE DATE. This section is effective the day following final enactment.

4.1 	Sec. 9. Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to 
4.2 	read:
4.3 		Subd. 15.Wireless support structure. "Wireless support structure" means a pole, 
4.4 	including but not limited to a monopole, light pole, traffic signal, arch, sign pole, kiosk, 
4.5 	post, or utility pole, that is capable of supporting wireless facilities.

4.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

4.7 	Sec. 10. Minnesota Statutes 2016, section 237.163, subdivision 2, is amended to read:
4.8 		Subd. 2.Generally. (a) Subject to this section, a telecommunications right-of-way user 
4.9 	authorized to do business under the laws of this state or by license of the Federal 
4.10 	Communications Commission may construct, maintain, and operate small wireless facilities,
4.11 	conduit, cable, switches, and related appurtenances and facilities along, across, upon, above, 
4.12 	and under any public right-of-way.
4.13 	(b) Subject to this section, a local government unit has the authority to manage its public 
4.14 	rights-of-way and to recover its rights-of-way management costs. Except as provided in 
4.15 	subdivisions 3a, 3b, and 3c, the authority defined in this section may be exercised at the 
4.16 	option of the local government unit. The exercise of this authority and is not mandated under 
4.17 	this section. A local government unit may, by ordinance:
4.18 	(1) require a telecommunications right-of-way user seeking to excavate or obstruct a 
4.19 	public right-of-way for the purpose of providing telecommunications services to obtain a 
4.20 	right-of-way permit to do so and to impose permit conditions consistent with the local 
4.21 	government unit's management of the right-of-way;
4.22 	(2) require a telecommunications right-of-way user using, occupying, or seeking to use 
4.23 	or occupy a public right-of-way for the purpose of providing telecommunications services 
4.24 	to register with the local government unit by providing the local government unit with the 
4.25 	following information:
4.26 	(i) the applicant's name, gopher state one-call registration number under section 216D.03, 
4.27 	address, and telephone and facsimile numbers;
4.28 	(ii) the name, address, and telephone and facsimile numbers of the applicant's local 
4.29 	representative;
4.30 	(iii) proof of adequate insurance; and
4.31 	(iv) other information deemed reasonably necessary by the local government unit for 
4.32 	the efficient administration of the public right-of-way; and
5.1 	(3) require telecommunications right-of-way users to submit to the local government 
5.2 	unit plans for construction and major maintenance that provide reasonable notice to the 
5.3 	local government unit of projects that the telecommunications right-of-way user expects to 
5.4 	undertake that may require excavation and obstruction of public rights-of-way.
5.5 	(c) A local government unit may also require a telecommunications right-of-way user 
5.6 	that is registered with the local government unit pursuant to paragraph (b), clause (2), to 
5.7 	periodically update the information in its registration application.
5.8 	(d) Notwithstanding sections 394.34 and 462.355, or any other law, a local government 
5.9 	unit must not establish a moratorium with respect to:
5.10 	(1) filing, receiving, or processing applications for right-of-way or collocation permits; 
5.11 	or
5.12 	(2) issuing or approving right-of-way or collocation permits.
5.13 	(e) A telecommunications right-of-way user may collocate small wireless facilities on 
5.14 	wireless support structures located within a public right-of-way, subject to the approval 
5.15 	procedures under this section and the reasonable terms, conditions, and rates set forth under 
5.16 	this chapter. A local government unit may prohibit, regulate, or charge a fee to install wireless 
5.17 	support structures or to collocate small wireless facilities only as provided in this chapter.
5.18 	(f) A local government unit's zoning, land use, or other official controls must classify 
5.19 	wireless support structures or small wireless facilities located in a public right-of-way as a 
5.20 	permitted use. A telecommunications right-of-way user must not be required to obtain 
5.21 	zoning approval to install, collocate, maintain, or repair a small wireless facility or a wireless 
5.22 	support structure in a public right-of-way. This paragraph does not apply to areas outside 
5.23 	a public right-of-way that are zoned and used for single family residential use.

5.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.25 	Sec. 11. Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision 
5.26 	to read:
5.27 		Subd. 3a.Collocation permits; general. (a) A local government unit:
5.28 	(1) may require a telecommunications right-of-way user to obtain a permit or permits 
5.29 	under this section to collocate a small wireless facility in a public right-of-way managed 
5.30 	by the local government unit;
5.31 	(2) must not require an applicant for a collocation permit to provide any information 
5.32 	that is different from or in addition to the information the local government unit requires 
6.1 	from a provider of nonwireless telecommunications services, except for information related 
6.2 	to demonstrating compliance with applicable Federal Communications Commission 
6.3 	regulations governing radio frequency exposure or other information required by this section;
6.4 	(3) must not require an applicant for a collocation permit to perform services unrelated 
6.5 	to the collocation or collocations for which approval is sought;
6.6 	(4) must ensure that any application for a collocation permit is processed on a 
6.7 	nondiscriminatory basis; and
6.8 	(5) must specify that the term of the collocation permit is equal to the length of time that 
6.9 	the small wireless facility is in use, unless the permit is revoked under this section.
6.10 	(b) An applicant may file a consolidated permit application to collocate up to 35 separate 
6.11 	small wireless facilities. If a local government unit receives within a seven-day period 
6.12 	applications from one or more wireless service providers seeking approval of more than 75 
6.13 	small wireless facilities in aggregate, the local government unit may, upon written notice 
6.14 	to the applicants seeking collocation permits for the small wireless facilities exceeding the 
6.15 	first 75 received, extend the review period specified in subdivision 3c by an additional 20 
6.16 	days with respect to those incremental small wireless facilities. An extension obtained under 
6.17 	this paragraph does not prevent a further extension allowed under subdivision 3c, if mutually 
6.18 	agreed to in writing by the applicant and the local government unit.
6.19 	(c) A local government unit is prohibited from requiring a collocation permit for routine 
6.20 	maintenance of a small wireless facility or for replacement of a small wireless facility with 
6.21 	a new facility that is substantially similar or smaller in size, weight, height, and wind or 
6.22 	structural loading than the small wireless facility being replaced. A local government unit 
6.23 	may require a right-of-way permit if the maintenance or replacement work will obstruct a 
6.24 	public right-of-way.
6.25 	(d) Nothing in this subdivision affects the need for an entity seeking to place a small 
6.26 	wireless facility on a wireless support structure that is not owned by a local government 
6.27 	unit to obtain from the owner of the wireless support structure any necessary authority to 
6.28 	place the small wireless facility.

6.29 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.1 	Sec. 12. Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision 
7.2 	to read:
7.3 		Subd. 3b.Collocation permits; placement. (a) A local government unit may not require 
7.4 	the placement of small wireless facilities on any specific utility pole or type of pole, or 
7.5 	require multiple small wireless facilities to be placed on a single pole.
7.6 	(b) A local government unit must not limit the placement of small wireless facilities, 
7.7 	either by minimum separation distances or maximum height limitations, except that each 
7.8 	wireless support structure installed in the right-of-way after the effective date of this act 
7.9 	must not exceed the greater of:
7.10 	(1) ten feet in height above the tallest existing utility pole in place that is located within 
7.11 	500 feet of the new wireless support structure in the same right-of-way as of the effective 
7.12 	date of this act; or
7.13 	(2) 50 feet above ground level.
7.14 	(c) Wireless facilities constructed in the right-of-way after the effective date of this act 
7.15 	may not extend more than ten feet above an existing wireless support structure in place as 
7.16 	of the effective date of this act.

7.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.18 	Sec. 13. Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision 
7.19 	to read:
7.20 		Subd. 3c.Collocation permits; approval. (a) Except as provided in subdivision 4, a 
7.21 	local government unit shall issue a collocation permit to a telecommunications right-of-way 
7.22 	user seeking to install a new or replacement wireless support structure for a small wireless 
7.23 	facility, or to collocate a small wireless facility on a wireless support structure in a public 
7.24 	right-of-way. In processing and approving a collocation permit, a local government unit 
7.25 	may condition its approval on compliance with:
7.26 	(1) generally applicable health, safety, and welfare conditions consistent with the local 
7.27 	government unit's public right-of-way management;
7.28 	(2) reasonable accommodations for decorative utility poles or signs; and
7.29 	(3) any reasonable restocking, replacement, or relocation requirements when a new 
7.30 	wireless support structure is placed in a public right-of-way.
7.31 	(b) A local government unit has 60 days after the date a collocation permit is filed to 
7.32 	issue or deny the permit, or the permit is automatically issued. To toll the 60-day clock, the 
8.1 	local government unit must provide a written notice of incompleteness to the applicant 
8.2 	within 30 days of receipt of the application, clearly and specifically delineating all missing 
8.3 	documents or information. Information delineated in the notice is limited to documents or 
8.4 	information publicly required as of the date of application and reasonably related to a local 
8.5 	government unit's determination whether the proposed equipment falls within the definition 
8.6 	of a small wireless facility and whether the proposed deployment satisfies all health, safety, 
8.7 	and welfare regulations applicable to the collocation permit request. Upon an applicant's 
8.8 	submittal of additional documents or information in response to a notice of incompleteness, 
8.9 	the local government unit has ten days to notify the applicant in writing of any information 
8.10 	requested in the initial notice of incompleteness that is still missing. Second or subsequent 
8.11 	notices of incompleteness may not specify documents or information that were not delineated 
8.12 	in the original notice of incompleteness. Requests for information not requested in the initial 
8.13 	notice of incompleteness do not toll the 60-day clock. Parties can mutually agree in writing 
8.14 	to toll the 60-day clock at any time.
8.15 	For the purposes of this subdivision, "toll the 60-day clock" means to halt the progression 
8.16 	of days that count towards the 60-day deadline.
8.17 	(c) Except as provided in subdivision 3a, paragraph (b), a collocation permit and any 
8.18 	associated encroachment or building permit required by a local government unit, are deemed 
8.19 	approved if the local government unit fails to approve or deny the application within 60 
8.20 	days after the permit application has been filed, unless the applicant and the local government 
8.21 	unit have mutually agreed in writing to extend the 60-day deadline.
8.22 	(d) Nothing in this subdivision precludes a local government unit from applying generally 
8.23 	applicable health, safety, and welfare regulations in connection with evaluating a collocation 
8.24 	permit application and its decision to approve or deny a collocation permit. For purposes 
8.25 	of this subdivision, "generally applicable health, safety, and welfare regulations" mean 
8.26 	uniform building, fire, electrical, plumbing, or mechanical codes that are adopted under 
8.27 	Minnesota law.

8.28 	EFFECTIVE DATE. This section is effective the day following final enactment.

8.29 	Sec. 14. Minnesota Statutes 2016, section 237.163, subdivision 4, is amended to read:
8.30 		Subd. 4.Permit denial or revocation. (a) A local government unit may deny any 
8.31 	application for a right-of-way or collocation permit if the telecommunications right-of-way 
8.32 	user does not comply with a provision of this section.
9.1 	(b) A local government unit may deny an application for a right-of-way permit if the 
9.2 	local government unit determines that the denial is necessary to protect the health, safety, 
9.3 	and welfare or when necessary to protect the public right-of-way and its current use.
9.4 	(c) A local government unit may revoke a right-of-way or collocation permit granted to 
9.5 	a telecommunications right-of-way user, with or without fee refund, in the event of a 
9.6 	substantial breach of the terms and conditions of statute, ordinance, rule, or regulation or 
9.7 	any material condition of the permit. A substantial breach by a permittee includes, but is 
9.8 	not limited to, the following:
9.9 	(1) a material violation of a provision of the right-of-way or collocation permit;
9.10 	(2) an evasion or attempt to evade any material provision of the right-of-way or 
9.11 	collocation permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the 
9.12 	local government unit or its citizens;
9.13 	(3) a material misrepresentation of fact in the right-of-way or collocation permit 
9.14 	application;
9.15 	(4) a failure to complete work in a timely manner, unless a permit extension is obtained 
9.16 	or unless the failure to complete work is due to reasons beyond the permittee's control; and
9.17 	(5) a failure to correct, in a timely manner, work that does not conform to applicable 
9.18 	standards, conditions, or codes, upon inspection and notification by the local government 
9.19 	unit of the faulty condition.
9.20 	(d) Subject to this subdivision, a local government unit may not deny an application for 
9.21 	a right-of-way or collocation permit for failure to include a project in a plan submitted to 
9.22 	the local government unit under subdivision 2, paragraph (b), clause (3) (2), when the 
9.23 	telecommunications right-of-way user has used commercially reasonable efforts to anticipate 
9.24 	and plan for the project.
9.25 	(e) In no event may a local government unit unreasonably withhold approval of an 
9.26 	application for a right-of-way permit, or unreasonably revoke a permit.
9.27 	(f) Any denial or revocation of a right-of-way or collocation permit must be made in 
9.28 	writing and must document the basis for the denial, including the specific regulations, codes, 
9.29 	or standards supporting or requiring the denial. The local government unit must notify the 
9.30 	telecommunications right-of-way user in writing within three days of the decision to deny 
9.31 	or revoke a permit. If a permit application is denied, the telecommunications right-of-way 
9.32 	user may cure the deficiencies identified by the local government unit and resubmit its 
9.33 	application. If the telecommunications right-of-way user resubmits the application within 
10.1 	30 days of receiving written notice of the denial, it may not be charged an additional filing 
10.2 	or processing fee. The local government unit must approve or deny the revised application 
10.3 	within 30 days after the revised application is submitted.

10.4 	EFFECTIVE DATE. This section is effective the day following final enactment.

10.5 	Sec. 15. Minnesota Statutes 2016, section 237.163, subdivision 6, is amended to read:
10.6 		Subd. 6.Fees. (a) A local government unit may recover its right-of-way management 
10.7 	costs by imposing a fee for registration, a fee for each right-of-way permit, or, when 
10.8 	appropriate, a fee applicable to a particular telecommunications right-of-way user when 
10.9 	that user causes the local government unit to incur costs as a result of actions or inactions 
10.10 	of that user. A local government unit may not recover from a telecommunications 
10.11 	right-of-way user costs caused by another entity's activity in the right-of-way.
10.12 	(b) Fees, or other right-of-way obligations, imposed by a local government unit on 
10.13 	telecommunications right-of-way users under this section must be:
10.14 	(1) based on the actual costs incurred by the local government unit in managing the 
10.15 	public right-of-way;
10.16 	(2) based on an allocation among all users of the public right-of-way, including the local 
10.17 	government unit itself, which shall reflect the proportionate costs imposed on the local 
10.18 	government unit by each of the various types of uses of the public rights-of-way;
10.19 	(3) imposed on a competitively neutral basis; and
10.20 	(4) imposed in a manner so that aboveground uses of public rights-of-way do not bear 
10.21 	costs incurred by the local government unit to regulate underground uses of public 
10.22 	rights-of-way.
10.23 	(c) The rights, duties, and obligations regarding the use of the public right-of-way 
10.24 	imposed under this section must be applied to all users of the public right-of-way, including 
10.25 	the local government unit while recognizing regulation must reflect the distinct engineering, 
10.26 	construction, operation, maintenance and public and worker safety requirements, and 
10.27 	standards applicable to various users of the public rights-of-way. For users subject to the 
10.28 	franchising authority of a local government unit, to the extent those rights, duties, and 
10.29 	obligations are addressed in the terms of an applicable franchise agreement, the terms of 
10.30 	the franchise shall prevail over any conflicting provision in an ordinance.
10.31 	(d) Total application fees for a collocation permit shall not exceed the lesser of the 
10.32 	amount charged by the local government unit for a building permit for any similar commercial 
11.1 	construction, activity, or land use development, or $100 each for up to five small wireless 
11.2 	facilities included in a consolidated application, and $50 for each additional small wireless 
11.3 	facility included in the application. The application fees for a collocation permit calculated 
11.4 	under this paragraph shall be deemed to cover all rights-of-way management costs incurred 
11.5 	by a local government unit that are related to the collocation permit, as specified in section 
11.6 	237.162, subdivision 9.
11.7 	(e) A wireless provider may collocate small wireless facilities on wireless support 
11.8 	structures owned or controlled by a local government unit and located within the public 
11.9 	roads or rights-of-way without being required to apply for or enter into any individual 
11.10 	license, franchise, or other agreement with the local government unit or any other entity.
11.11 	(f) Any initial engineering survey and preparatory construction work associated with 
11.12 	collocation must be paid by the cost causer in the form of a onetime, nonrecurring, 
11.13 	commercially reasonable, nondiscriminatory, and competitively neutral charge to recover 
11.14 	the costs associated with a proposed attachment.
11.15 	(g) If a local government unit elects to charge rent for occupying space on a wireless 
11.16 	support structure that it owns, the total rent, excluding any applicable preparatory charge, 
11.17 	shall not exceed the actual, direct, and reasonable costs related to the use of space on the 
11.18 	wireless support structure. In any dispute concerning the appropriateness of the rent charged, 
11.19 	the local government unit owning or controlling the wireless support structure shall have 
11.20 	the burden of proving that the rent amount is reasonably related to the actual, direct, and 
11.21 	reasonable costs incurred for use of space on the wireless support structure for the applicable 
11.22 	period of time.
11.23 	(h) The terms and conditions of collocation under paragraphs (e) to (g) must be:
11.24 	(1) set forth in the permit;
11.25 	(2) nondiscriminatory, competitively neutral, and commercially reasonable; and
11.26 	(3) compliant with this section, section 237.162, and federal pole attachment requirements 
11.27 	under United States Code, title 47, section 224, and related implementing regulations 
11.28 	governing the costs and process for any necessary engineering survey and preparatory 
11.29 	construction work associated with preparing utility poles for collocation, including, as 
11.30 	applicable, relocating existing attachments, and upgrading or replacing a utility pole.

11.31 	EFFECTIVE DATE. This section is effective the day following final enactment.

12.1 	Sec. 16. Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision 
12.2 	to read:
12.3 		Subd. 9.Authorized contractors. (a) Nothing in this section precludes a 
12.4 	telecommunications right-of-way user from authorizing another entity or individual to act 
12.5 	on its behalf to install, construct, maintain, or repair a facility or facilities owned or controlled 
12.6 	by the telecommunications right-of-way user.
12.7 	(b) A local government unit is prohibited from imposing fees or requirements on an 
12.8 	authorized entity or individual for actions on behalf of a telecommunications right-of-way 
12.9 	user that are in addition to or different from the fees and requirements it is authorized to 
12.10 	impose on the telecommunications right-of-way user under this section.

12.11 	EFFECTIVE DATE. This section is effective the day following final enactment.