HF 739

4th Engrossment - 90th Legislature (2017 - 2018) Posted on 05/21/2017 10:47am

A bill for an act
relating to telecommunications; providing for collocation of small wireless facilities;
amending Minnesota Statutes 2016, sections 237.162, subdivisions 2, 4, 9, by
adding subdivisions; 237.163, subdivisions 2, 4, 6, 7, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2016, section 237.162, subdivision 2, is amended to read:

Subd. 2.

Local government unit.

"Local government unit" means a county, home rule
charter or statutory city, deleted text begin or deleted text end town new text begin , or the Metropolitan Council new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 237.162, subdivision 4, is amended to read:

Subd. 4.

Telecommunications right-of-way user.

new text begin (a) new text end "Telecommunications right-of-way
user" means a person owning or controlling a facility in the public right-of-way, or seeking
to own or control a facility in the public right-of-way, that is used or is intended to be used
for new text begin providing wireless service, or new text end transporting telecommunications or other voice or data
information.

new text begin (b) new text end A cable communication system defined and regulated under chapter 238, and
telecommunications activities related to providing natural gas or electric energy services
deleted text begin whether provided by deleted text end new text begin , new text end a public utility as defined in section 216B.02, a municipality, a
municipal gas or power agency organized under chapter 453 or 453A, or a cooperative
electric association organized under chapter 308A, are not telecommunications right-of-way
users for the purposes of this section and section 237.163 new text begin , except to the extent these entities
are offering wireless services new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2016, section 237.162, subdivision 9, is amended to read:

Subd. 9.

Management costs or rights-of-way management costs.

new text begin (a) new text end "Management
costs" or "rights-of-way management costs" means the actual costs a local government unit
incurs in managing its public rights-of-way, and includes such costs, if incurred, as those
associated with registering applicants; issuing, processing, and verifying right-of-way new text begin or
small wireless facility new text end permit applications; inspecting job sites and restoration projects;
maintaining, supporting, protecting, or moving user equipment during public right-of-way
work; determining the adequacy of right-of-way restoration; restoring work inadequately
performed after providing notice and the opportunity to correct the work; and revoking
right-of-way new text begin or small wireless facility new text end permits.

new text begin (b) new text end Management costs do not include new text begin :
new text end

new text begin (1) new text end payment by a telecommunications right-of-way user for the use of the public
right-of-way deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) unreasonable fees of a third-party contractor used by a local government unit as part
of managing its public rights-of-way, including but not limited to any third-party contractor
fee tied to or based upon customer counts, access lines, revenue generated by the
telecommunications right-of-way user, or revenue generated for a local government unit;
or
new text end

new text begin (3) new text end the fees and cost of litigation relating to the interpretation of this section or section
237.163 or any ordinance enacted under those sections, or the local unit of government's
fees and costs related to appeals taken pursuant to section 237.163, subdivision 5.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to
read:

new text begin Subd. 10. new text end

new text begin Collocate. new text end

new text begin "Collocate" or "collocation" means to install, mount, maintain,
modify, operate, or replace a small wireless facility on, under, within, or adjacent to an
existing wireless support structure that is owned privately or by a local government unit.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to
read:

new text begin Subd. 11. new text end

new text begin Small wireless facility. new text end

new text begin "Small wireless facility" means:
new text end

new text begin (1) a wireless facility that meets both of the following qualifications:
new text end

new text begin (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 its exposed
elements could fit within an enclosure of no more than six cubic feet; and
new text end

new text begin (ii) all other wireless equipment associated with the small wireless facility, excluding
electric meters, concealment elements, telecommunications demarcation boxes, battery
backup power systems, grounding equipment, power transfer switches, cutoff switches,
cable, conduit, vertical cable runs for the connection of power and other services, and any
equipment concealed from public view within or behind an existing structure or concealment,
is in aggregate no more than 28 cubic feet in volume; or
new text end

new text begin (2) a micro wireless facility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to
read:

new text begin Subd. 12. new text end

new text begin Utility pole. new text end

new text begin "Utility pole" means a pole that is used in whole or in part to
facilitate telecommunications or electric service.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to
read:

new text begin Subd. 13. new text end

new text begin Wireless facility. new text end

new text begin (a) "Wireless facility" means equipment at a fixed location
that enables the provision of wireless services between user equipment and a wireless service
network, including:
new text end

new text begin (1) equipment associated with wireless service;
new text end

new text begin (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration; and
new text end

new text begin (3) a small wireless facility.
new text end

new text begin (b) "Wireless facility" does not include:
new text end

new text begin (1) wireless support structures;
new text end

new text begin (2) wireline backhaul facilities; or
new text end

new text begin (3) coaxial or fiber-optic cables (i) between utility poles or wireless support structures,
or (ii) that are not otherwise immediately adjacent to or directly associated with a specific
antenna.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to
read:

new text begin Subd. 14. new text end

new text begin Micro wireless facility. new text end

new text begin "Micro wireless facility" means a small wireless
facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose
exterior antenna, if any, is no longer than 11 inches.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to
read:

new text begin Subd. 15. new text end

new text begin Wireless service. new text end

new text begin "Wireless service" means any service using licensed or
unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by
means of a mobile device, that is provided using wireless facilities. Wireless service does
not include services regulated under Title VI of the Communications Act of 1934, as
amended, including a cable service under United States Code, title 47, section 522, clause
(6).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Wireless support structure. new text end

new text begin "Wireless support structure" means a new or
existing structure in a public right-of-way designed to support or capable of supporting
small wireless facilities, as reasonably determined by a local government unit.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision
to read:

new text begin Subd. 17. new text end

new text begin Wireline backhaul facility. new text end

new text begin "Wireline backhaul facility" means a facility
used to transport communications data by wire from a wireless facility to a communications
network.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2016, section 237.163, subdivision 2, is amended to read:

Subd. 2.

Generally.

(a) Subject to this section, a telecommunications right-of-way user
authorized to do business under the laws of this state or by license of the Federal
Communications Commission may construct, maintain, and operate new text begin small wireless facilities, new text end
conduit, cable, switches, and related appurtenances and facilities along, across, upon, above,
and under any public right-of-way.

(b) Subject to this section, a local government unit has the authority to manage its public
rights-of-way and to recover its rights-of-way management costs. new text begin Except as provided in
subdivisions 3a, 3b, and 3c, new text end the authority defined in this section may be exercised at the
option of the local government unit deleted text begin . The exercise of this authority deleted text end new text begin and new text end is not mandated under
this section. A local government unit may, by ordinance:

(1) require a telecommunications right-of-way user seeking to excavate or obstruct a
public right-of-way for the purpose of providing telecommunications services to obtain a
right-of-way permit to do so and to impose permit conditions consistent with the local
government unit's management of the right-of-way;

(2) require a telecommunications right-of-way user using, occupying, or seeking to use
or occupy a public right-of-way for the purpose of providing telecommunications services
to register with the local government unit by providing the local government unit with the
following information:

(i) the applicant's name, gopher state one-call registration number under section 216D.03,
address, and telephone and facsimile numbers;

(ii) the name, address, and telephone and facsimile numbers of the applicant's local
representative;

(iii) proof of adequate insurance; and

(iv) other information deemed reasonably necessary by the local government unit for
the efficient administration of the public right-of-way; and

(3) require telecommunications right-of-way users to submit to the local government
unit plans for construction and major maintenance that provide reasonable notice to the
local government unit of projects that the telecommunications right-of-way user expects to
undertake that may require excavation and obstruction of public rights-of-way.

(c) A local government unit may also require a telecommunications right-of-way user
that is registered with the local government unit pursuant to paragraph (b), clause (2), to
periodically update the information in its registration application.

new text begin (d) Notwithstanding sections 394.34 and 462.355, or any other law, a local government
unit must not establish a moratorium with respect to:
new text end

new text begin (1) filing, receiving, or processing applications for right-of-way or small wireless facility
permits; or
new text end

new text begin (2) issuing or approving right-of-way or small wireless facility permits.
new text end

new text begin (e) A telecommunications right-of-way user may place a new wireless support structure
or collocate small wireless facilities on wireless support structures located within a public
right-of-way, subject to the approval procedures under this section and, for collocation on
wireless support structures owned by a local government unit, the reasonable terms,
conditions, and rates set forth under this section. A local government unit may prohibit,
regulate, or charge a fee to install wireless support structures or to collocate small wireless
facilities only as provided in this section.
new text end

new text begin (f) The placement of small wireless facilities and wireless support structures to
accommodate small wireless facilities are a permitted use in a public right-of-way, except
that a local government unit may require a person to obtain a special or conditional land
use permit to install a new wireless support structure for the siting of a small wireless facility
in a right-of-way in a district or area zoned for single-family residential use or within a
historic district established by federal or state law or city ordinance as of the date of
application for a small wireless facility permit. This paragraph does not apply to areas
outside a public right-of-way that are zoned and used exclusively for single-family residential
use.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, except
that paragraph (d) is effective January 1, 2018, for a local government unit that has not
enacted an ordinance regulating public rights-of-way as of May 18, 2017.
new text end

Sec. 13.

Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Small wireless facility permits; general. new text end

new text begin (a) A local government unit:
new text end

new text begin (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;
new text end

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

new text begin (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
new text end

new text begin (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;
new text end

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

new text begin (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.
new text end

new text begin (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:
new text end

new text begin (1) are located within a two-mile radius;
new text end

new text begin (2) consist of substantially similar equipment; and
new text end

new text begin (3) are to be placed on similar types of wireless support structures.
new text end

new text begin 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.
new text end

new text begin (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.
new text end

new text begin (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:
new text end

new text begin (1) routine maintenance of a small wireless facility;
new text end

new text begin (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
new text end

new text begin (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.
new text end

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

new text begin (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.
new text end

new text begin (f) No later than six months after the effective date of this act 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.
new text end

new text begin (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.
new text end

new text begin (h) The terms and conditions of collocation under this subdivision:
new text end

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

new text begin (2) must be nondiscriminatory, competitively neutral, and commercially reasonable; and
new text end

new text begin (3) must comply with this section and section 237.162.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

new text begin Small wireless facility permits; placement. new text end

new text begin (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.
new text end

new text begin (b) A local government unit must not limit the placement of small wireless facilities,
either by minimum separation distances between small wireless facilities or maximum
height limitations, except that each wireless support structure installed in the right-of-way
after the effective date of this act shall not exceed 50 feet above ground level, unless the
local government unit agrees to a greater height, subject to local zoning regulations, and
may be subject to separation requirements in relation to other wireless support structures.
new text end

new text begin (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.
new text end

new text begin (d) Wireless facilities constructed in the right-of-way after the effective date of this act
may not extend more than ten feet above an existing wireless support structure in place as
of the effective date of this act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision
to read:

new text begin Subd. 3c. new text end

new text begin Small wireless facility permits; approval. new text end

new text begin (a) Except as provided in
subdivision 4, a local government unit shall issue a small wireless facility permit to a
telecommunications right-of-way user seeking to install a new or replacement wireless
support structure for a small wireless facility, or to collocate a small wireless facility on a
wireless support structure in a public right-of-way. In processing and approving a small
wireless facility permit, a local government unit may condition its approval on compliance
with:
new text end

new text begin (1) generally applicable and reasonable health, safety, and welfare regulations consistent
with the local government unit's public right-of-way management;
new text end

new text begin (2) reasonable accommodations for decorative wireless support structures or signs; and
new text end

new text begin (3) any reasonable restocking, replacement, or relocation requirements when a new
wireless support structure is placed in a public right-of-way.
new text end

new text begin (b) A local government unit has 90 days after the date a small wireless facility permit
application is filed to issue or deny the permit, or the permit is automatically issued. To toll
the 90-day clock, the local government unit must provide a written notice of incompleteness
to the applicant within 30 days of receipt of the application, clearly and specifically
delineating all missing documents or information. Information delineated in the notice is
limited to documents or information publicly required as of the date of application and
reasonably related to a local government unit's determination whether the proposed equipment
falls within the definition of a small wireless facility and whether the proposed deployment
satisfies all health, safety, and welfare regulations applicable to the small wireless facility
permit request. Upon an applicant's submittal of additional documents or information in
response to a notice of incompleteness, the local government unit has ten days to notify the
applicant in writing of any information requested in the initial notice of incompleteness that
is still missing. Second or subsequent notices of incompleteness may not specify documents
or information that were not delineated in the original notice of incompleteness. Requests
for information not requested in the initial notice of incompleteness do not toll the 90-day
clock. Parties can mutually agree in writing to toll the 90-day clock at any time. Section
15.99 does not apply to this paragraph or paragraph (c).
new text end

new text begin For the purposes of this subdivision, "toll the 90-day clock" means to halt the progression
of days that count towards the 90-day deadline.
new text end

new text begin (c) Except as provided in subdivision 3a, paragraph (c), a small wireless facility permit
and any associated encroachment or building permit required by a local government unit,
are deemed approved if the local government unit fails to approve or deny the application
within 90 days after the permit application has been filed, unless the applicant and the local
government unit have mutually agreed in writing to extend the 90-day deadline.
new text end

new text begin (d) Nothing in this subdivision precludes a local government unit from applying generally
applicable and reasonable health, safety, and welfare regulations when evaluating and
deciding to approve or deny a small wireless facility permit.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16.

Minnesota Statutes 2016, section 237.163, subdivision 4, is amended to read:

Subd. 4.

Permit denial or revocation.

(a) A local government unit may deny any
application for a right-of-way new text begin or small wireless facility new text end permit if the telecommunications
right-of-way user does not comply with a provision of this section.

(b) A local government unit may deny an application for a right-of-way permit if the
local government unit determines that the denial is necessary to protect the health, safety,
and welfare or when necessary to protect the public right-of-way and its current use.

(c) A local government unit may revoke a right-of-way new text begin or small wireless facility new text end permit
granted to a telecommunications right-of-way user, with or without fee refund, in the event
of a substantial breach of the terms and conditions of statute, ordinance, rule, or regulation
or any material condition of the permit. A substantial breach by a permittee includes, but
is not limited to, the following:

(1) a material violation of a provision of the right-of-way new text begin or small wireless facility new text end
permit;

(2) an evasion or attempt to evade any material provision of the right-of-way new text begin or small
wireless facility new text end permit, or the perpetration or attempt to perpetrate any fraud or deceit upon
the local government unit or its citizens;

(3) a material misrepresentation of fact in the right-of-way new text begin or small wireless facility new text end
permit application;

(4) a failure to complete work in a timely manner, unless a permit extension is obtained
or unless the failure to complete work is due to reasons beyond the permittee's control; and

(5) a failure to correct, in a timely manner, work that does not conform to applicable
standards, conditions, or codes, upon inspection and notification by the local government
unit of the faulty condition.

(d) Subject to this subdivision, a local government unit may not deny an application for
a right-of-way new text begin or small wireless facility new text end permit for failure to include a project in a plan
submitted to the local government unit under subdivision 2, paragraph (b), clause (3), when
the telecommunications right-of-way user has used commercially reasonable efforts to
anticipate and plan for the project.

(e) In no event may a local government unit unreasonably withhold approval of an
application for a right-of-way new text begin or small wireless facility new text end permit, or unreasonably revoke a
permit.

new text begin (f) Any denial or revocation of a right-of-way or small wireless facility permit must be
made in writing and must document the basis for the denial. The local government unit must
notify the telecommunications right-of-way user in writing within three business days of
the decision to deny or revoke a permit. If a permit application is denied, the
telecommunications right-of-way user may cure the deficiencies identified by the local
government unit and resubmit its application. If the telecommunications right-of-way user
resubmits the application within 30 days of receiving written notice of the denial, it may
not be charged an additional filing or processing fee. The local government unit must approve
or deny the revised application within 30 days after the revised application is submitted.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17.

Minnesota Statutes 2016, section 237.163, subdivision 6, is amended to read:

Subd. 6.

Fees.

(a) A local government unit may recover its right-of-way management
costs by imposing a fee for registration, a fee for each right-of-way new text begin or small wireless facility
new text end permit, or, when appropriate, a fee applicable to a particular telecommunications right-of-way
user when that user causes the local government unit to incur costs as a result of actions or
inactions of that user. A local government unit may not recover new text begin costs new text end from a
telecommunications right-of-way user deleted text begin costs deleted text end new text begin or an owner of a cable communications system
awarded a franchise under chapter 238 new text end caused by another entity's activity in the right-of-way.

(b) Fees, or other right-of-way obligations, imposed by a local government unit on
telecommunications right-of-way users under this section must be:

(1) based on the actual costs incurred by the local government unit in managing the
public right-of-way;

(2) based on an allocation among all users of the public right-of-way, including the local
government unit itself, which shall reflect the proportionate costs imposed on the local
government unit by each of the various types of uses of the public rights-of-way;

(3) imposed on a competitively neutral basis; and

(4) imposed in a manner so that aboveground uses of public rights-of-way do not bear
costs incurred by the local government unit to regulate underground uses of public
rights-of-way.

(c) The rights, duties, and obligations regarding the use of the public right-of-way
imposed under this section must be applied to all users of the public right-of-way, including
the local government unit while recognizing regulation must reflect the distinct engineering,
construction, operation, maintenance and public and worker safety requirements, and
standards applicable to various users of the public rights-of-way. For users subject to the
franchising authority of a local government unit, to the extent those rights, duties, and
obligations are addressed in the terms of an applicable franchise agreement, the terms of
the franchise shall prevail over any conflicting provision in an ordinance.

new text begin (d) A wireless service provider may collocate small wireless facilities on wireless support
structures owned or controlled by a local government unit and located within the public
roads or rights-of-way without being required to apply for or enter into any individual
license, franchise, or other agreement with the local government unit or any other entity,
other than a standard small wireless facility collocation agreement under subdivision 3a,
paragraph (f), if the local unit of government elects to utilize such an agreement.
new text end

new text begin (e) Any initial engineering survey and preparatory construction work associated with
collocation must be paid by the cost causer in the form of a onetime, nonrecurring,
commercially reasonable, nondiscriminatory, and competitively neutral charge to recover
the costs associated with a proposed attachment.
new text end

new text begin (f) Total application fees for a small wireless facility permit must comply with this
subdivision with respect to costs related to the permit.
new text end

new text begin (g) A local government unit may elect to charge each small wireless facility attached to
a wireless support structure owned by the local government unit a fee, in addition to other
fees or charges allowed under this subdivision, consisting of:
new text end

new text begin (1) up to $150 per year for rent to occupy space on a wireless support structure;
new text end

new text begin (2) up to $25 per year for maintenance associated with the space occupied on a wireless
support structure; and
new text end

new text begin (3) a monthly fee for electricity used to operate a small wireless facility, if not purchased
directly from a utility at the rate of:
new text end

new text begin (i) $73 per radio node less than or equal to 100 max watts;
new text end

new text begin (ii) $182 per radio node over 100 max watts; or
new text end

new text begin (iii) the actual costs of electricity, if the actual costs exceed the amount in item (i) or
(ii).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 18.

Minnesota Statutes 2016, section 237.163, subdivision 7, is amended to read:

Subd. 7.

Additional right-of-way provisions.

(a) In managing the public rights-of-way
and in imposing fees under this section, no local government unit may:

(1) unlawfully discriminate among telecommunications right-of-way users;

(2) grant a preference to any telecommunications right-of-way user;

(3) create or erect any unreasonable requirement for entry to the public rights-of-way
by telecommunications right-of-way users; or

(4) require a telecommunications right-of-way user to obtain a franchise or pay for the
use of the right-of-way.

(b) A telecommunications right-of-way user need not apply for or obtain right-of-way
permits for facilities that are located in public rights-of-way on May 10, 1997, for which
the user has obtained the required consent of the local government unit, or that are otherwise
lawfully occupying the public right-of-way. However, the telecommunications right-of-way
user may be required to register and to obtain a right-of-way permit for an excavation or
obstruction of existing facilities within the public right-of-way after May 10, 1997.

(c) Data and documents exchanged between a local government unit and a
telecommunications right-of-way user are subject to the terms of chapter 13. A local
government unit not complying with this paragraph is subject to the penalties set forth in
section 13.08.

(d) A local government unit may not collect a fee imposed under this section through
the provision of in-kind services by a telecommunications right-of-way user, nor may a
local government unit require the provision of in-kind services as a condition of consent to
use the local government unit's public right-of-way new text begin or to obtain a small wireless facility
permit new text end .

new text begin (e) Except as provided in this chapter or required by federal law, a local government
unit shall not adopt or enforce any regulation on the placement or operation of
communications facilities in the right-of-way where the entity is already authorized to
operate in the right-of-way, and shall not regulate or impose or collect fees on
communications services except to the extent specifically provided for in the existing
authorization, and unless expressly required by state or federal statute.
new text end

Sec. 19.

Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Authorized contractors. new text end

new text begin (a) Nothing in this section precludes a
telecommunications right-of-way user from authorizing another entity or individual to act
on its behalf to install, construct, maintain, or repair a facility or facilities owned or controlled
by the telecommunications right-of-way user.
new text end

new text begin (b) A local government unit is prohibited from imposing fees or requirements on an
authorized entity or individual for actions on behalf of a telecommunications right-of-way
user that are in addition to or different from the fees and requirements it is authorized to
impose on the telecommunications right-of-way user under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 20.

Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Exemptions. new text end

new text begin (a) Notwithstanding any other provision in this chapter, this
section does not apply to a wireless support structure owned, operated, maintained, or served
by a municipal electric utility.
new text end

new text begin (b) Subdivisions 3a, 3b, 3c, 6, paragraphs (d) to (g), and 7, paragraph (e), do not apply
to the collocation or regulation of small wireless facilities issued a permit by a local
government unit before the effective date of this act under an ordinance enacted before May
18, 2017, that regulates the collocation of small wireless facilities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end