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S.F. No. 561 - Small Wireless Facilities Collocation Authorization (First Engrossment)
 
Author: Senator David J. Osmek
 
Prepared By: Priyanka Premo, Senate Counsel (651/296-3914)
Carlon D. Fontaine, Senate Counsel (651/296-4395)
 
Date: March 12, 2017



 

Section 1 [Local government unit] amends the definition of “local government unit” to include the Metropolitan Council.

Section 2 [Telecommunications right-of-way user] amends the definition of “telecommunications right-of-way user” to include a wireless provider using or seeking to use a small wireless facility.  

Section 3 [Management costs or rights-of-way management costs] modifies the definition to include a local government unit’s (LGU’s) costs associated with collocation permits. Specifies that for an application for approval of a collocation permit, fees charged by an LGU contractor for management activities are not considered to be management costs.

Section 4 [Collocate] provides a definition of “collocate.”

Section 5 [Small wireless facility] provides a definition of “small wireless facility.”  

Section 6 [Utility pole] provides a definition of “utility pole.”

Section 7 [Wireless facility] provides a definition of “wireless facility.”

Section 8 [Wireless service] provides a definition of “wireless service.”

Section 9 [Wireless support structure] provides a definition of “wireless support structure.”

Section 10 [Generally] prohibits a local government unit from establishing a moratorium with respect to processing or issuing collocation permits. Requires that small wireless facilities and support structures be zoned as a permitted use, and that collocation of such does not require zoning approval.

Section 11 [Collocation permits; general] limits information that a LGU can require from an applicant to process a collocation permit to that required of providers of nonwireless services, generally. Requires permits to be processed on a nondiscriminatory basis. Provides for the submission of consolidated permits for collocating up to 35 small wireless facilities. Prohibits the requirement of a permit to maintain or replace a small wireless facility.

Section 12 [Collocation permits; placement] specifies the authority of a LGU to limit the placement of small wireless facilities with respect to height. A LGU may not require placement on a single utility pole.  

Section 13 [Collocation permits; approval] establishes factors on which a LGU may condition its approval of a collocation permit. Specifies a process for dealing with incomplete permit applications. Requires automatic approval of a collocation permit by a LGU within 90 days of receipt if the LGU has not approved or denied the permit within that time, unless both parties mutually agree to an extension. A LGU may apply applicable health, safety, and welfare regulations in evaluating permits.

Section 14 [Permit denial or revocation] specifies that a collocation permit may be denied on the same grounds as a right-of-way permit. Specifies that a permit denial must be made in writing within three days of the denial, and must document the reasons for denial. Allows for resubmission of a revised permit addressing the deficiencies within 30 days of denial without an additional filing fee.

Section 15 [Fees] specifies that a LGU may not require any additional license, franchise, or other agreement with a provider seeking a collocation permit. Requires terms, rent, and conditions of collocation to be included in a permit; be nondiscriminatory, competitively neutral, and commercially reasonable; and compliant with federal law.

Section 16 [Authorized contractors] allows a telecommunications right-of-way user to use a third party to install or maintain facilities it owns, and prohibits a LGU from imposing any additional fees on the third party.

CDF/syl

 
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