SF 4815

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/12/2024 09:01am

A bill for an act
relating to telecommunications; modifying requirements for permitting small
wireless facilities; amending Minnesota Statutes 2022, section 237.163, subdivisions
3a, 3b.

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

Section 1.

Minnesota Statutes 2022, section 237.163, subdivision 3a, is amended to read:

Subd. 3a.

Small wireless facility permits; general.

(a) A local government unit:

(1) may require a telecommunications right-of-way user to obtain a permit or permits
under this section to place a new wireless support structure or collocate a small wireless
facility in a public right-of-way managed by the local government unit;

(2) must not require an applicant for a small wireless facility permit to provide any
information that:

(i) has previously been provided to the local government unit by the applicant in an
application for a small wireless permit, which specific reference shall be provided to the
local government unit by the applicant; and

(ii) is not reasonably necessary to review a permit application for compliance with
generally applicable and reasonable health, safety, and welfare regulations, and to
demonstrate compliance with applicable Federal Communications Commission regulations
governing radio frequency exposure, or other information required by this section;

(3) must ensure that any application for a small wireless facility permit is processed on
a nondiscriminatory basis; deleted text begin and
deleted text end

(4) must specify that the term of a small wireless facility permit is equal to the length
of time that the small wireless facility is in use, unless the permit is revoked under this
section deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) must require a telecommunications right-of-way user to provide notice to property
owners located within a 300 foot radius from a new wireless support structure or small
wireless facility before installing the new wireless support structure or small wireless facility
in a public right-of-way managed by the local government unit. The local government notice
under this clause must:
new text end

new text begin (i) be provided by the telecommunications right-of-way user to all property owners
receiving the notice required under this clause no later than seven days after the date of
enactment of this section for permits previously issued, and not later than seven days after
the date a permit has been applied for or submitted; and
new text end

new text begin (ii) include in plain English in at least 12-point font the proposed address of the new
wireless support structure or small wireless facility, the name and contact information for
the telecommunications right-of-way user proposing to obtain the permit or permits, and
any other information, including a proposed timeline, relative to the proposed project. The
notice must include, in a conspicuous place and in bold print, "NOTICE OF 5G TOWER
CONSTRUCTION" and must be developed in a manner that the notice is not mistaken for
unsolicited mail or marketing material.
new text end

(b) An applicant may file a consolidated permit application to collocate up to 15 small
wireless facilities, or a greater number if agreed to by a local government unit, provided
that all the small wireless facilities in the application:

(1) are located within a two-mile radius;

(2) consist of substantially similar equipment; and

(3) are to be placed on similar types of wireless support structures.

In rendering a decision on a consolidated permit application, a local government unit may
approve a permit for some small wireless facilities and deny a permit for others, but may
not use denial of one or more permits as a basis to deny all the small wireless facilities in
the application.

(c) If a local government unit receives applications within a single seven-day period
from one or more applicants seeking approval of permits for more than 30 small wireless
facilities, the local government unit may extend the 90-day deadline imposed in subdivision
3c by an additional 30 days. If a local government unit elects to invoke this extension, it
must inform in writing any applicant to whom the extension will be applied.

(d) A local government unit is prohibited from requiring a person to pay a small wireless
facility permit fee, obtain a small wireless facility permit, or enter into a small wireless
facility collocation agreement solely in order to conduct any of the following activities:

(1) routine maintenance of a small wireless facility;

(2) replacement of a small wireless facility with a new facility that is substantially similar
or smaller in size, weight, height, and wind or structural loading than the small wireless
facility being replaced; or

(3) installation, placement, maintenance, operation, or replacement of micro wireless
facilities that are suspended on cables strung between existing utility poles in compliance
with national safety codes.

A local government unit may require advance notification of these activities if the work
will obstruct a public right-of-way.

(e) Nothing in this subdivision affects the need for an entity seeking to place a small
wireless facility on a wireless support structure that is not owned by a local government
unit to obtain from the owner of the wireless support structure any necessary authority to
place the small wireless facility, nor shall any provision of this chapter be deemed to affect
the rates, terms, and conditions for access to or placement of a small wireless facility or a
wireless support structure not owned by a local government unit. This subdivision does not
affect any existing agreement between a local government unit and an entity concerning
the placement of small wireless facilities on local government unit-owned wireless support
structures.

(f) No later than six months after May 31, 2017, or three months after receiving a small
wireless facility permit application from a wireless service provider, a local government
unit that has elected to set forth terms and conditions of collocation in a standard small
wireless facility collocation agreement shall develop and make available an agreement that
complies with the requirements of this section and section 237.162. A standard small wireless
facility collocation agreement shall be substantially complete. Notwithstanding any law to
the contrary, the parties to a small wireless facility collocation agreement may incorporate
additional terms and conditions mutually agreed upon into a small wireless facility collocation
agreement. A small wireless facility collocation agreement between a local government
unit and a wireless service provider is considered public data not on individuals and is
accessible to the public under section 13.03.

(g) An approval of a small wireless facility permit under this section authorizes the
installation, placement, maintenance, or operation of a small wireless facility to provide
wireless service and shall not be construed to confer authorization to (1) provide any service
other than a wireless service, or (2) install, place, maintain, or operate a wireline backhaul
facility in the right-of-way.

(h) The terms and conditions of collocation under this subdivision:

(1) may be set forth in a small wireless facility collocation agreement, if a local
government unit elects to utilize such an agreement;

(2) must be nondiscriminatory, competitively neutral, and commercially reasonable; and

(3) must comply with this section and section 237.162.

Sec. 2.

Minnesota Statutes 2022, section 237.163, subdivision 3b, is amended to read:

Subd. 3b.

Small wireless facility permits; placement.

(a) A local government unit may
not require the placement of small wireless facilities on any specific wireless support structure
other than the wireless support structure proposed in the permit application.

(b) A local government unit deleted text begin must not deleted text end new text begin may new text end limit the placement of small wireless facilities deleted text begin ,
either by minimum separation distances between small wireless facilities or maximum
height limitations, except that each deleted text end new text begin as follows:
new text end

new text begin (1) a new text end wireless support structure installed in the right-of-way after May 31, 2017, shall
not exceed 50 feet above ground level, unless the local government unit agrees to a greater
height, subject to local zoning regulations deleted text begin , deleted text end new text begin ; new text end and deleted text begin may be
deleted text end

new text begin (2) a wireless support structure is new text end subject to separation new text begin and setback new text end requirements deleted text begin in
relation to deleted text end new text begin under local zoning regulations governing residential dwellings, schools, day care
facilities, buildings that house vulnerable populations, or new text end other wireless support structures. new text begin
If a local zoning regulation does not specify small wireless facility setback requirements,
the setback and separation requirements are:
new text end

new text begin (i) for a setback from dwellings, small wireless facilities, regardless of zone, must not
be within 300 feet of any lawful dwelling unit; and
new text end

new text begin (ii) for facility separation, facilities must not be located within 1,500 feet of each other.
new text end

(c) Notwithstanding paragraph (b), a wireless support structure that replaces an existing
wireless support structure that is higher than 50 feet above ground level may be placed at
the height of the existing wireless support structure, unless the local government unit agrees
to a greater height, subject to local zoning regulations.

(d) Wireless facilities constructed in the right-of-way after May 31, 2017, may not extend
more than ten feet above an existing wireless support structure in place as of May 31, 2017.