Mobile 5G and Small Cell 2020 Legislation

SB 172
Passed Senate 3/5/20

Relates to wireless telecommunications; establishes a procedure to authorize wireless providers to collocate, mount, or install small wireless facilities on existing poles, or install new poles on the right-of-way of the state or any agency, county, or municipality thereof; exempts small wireless facilities from certain zoning review and approval procedures; to establish a procedure for the permitting of the development of small wireless facilities and poles in the rights-of-way of the state; and establishes rates and fees for all permits for small wireless facilities.

HB 6075
Died in committee 3/14/20

Deletes provisions limiting authority of and prohibiting municipalities and counties from functions related to communications service providers; deletes references to, and administration and provisions of Advanced Wireless Infrastructure Deployment Act.

SB 1848
Died in committee 3/14/20

Removes certain communications services lines as items over which certain governmental entities are authorized to prescribe and enforce reasonable rules and regulations; removes limitations on municipal and county authority to regulate and manage municipal and county roads or rights-of-way; removes provisions that specify activities for which permit fees may not be imposed; removes provisions that require that work in a certain authority’s rights-of-way must comply with a specified document, etc.

HB 184
Passed House 2/14/19

Enacts the "Streamlining Wireless Facilities and Antennas Act"; streamlines the deployment of wireless broadband in the public rights of way; addresses any perceived conflicts between this Act and Chapter 66B of Title 36; provides that nothing in this Act relieves any person of any duties provided for in Chapter 9 of Title 25.

Amends Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide limitations on fees that may be charged for installation of telephone facilities; to provide for the due compensation to be paid to municipal authorities by telephone companies; to revise terminology for purposes of conformity.

Requests a study of the environmental and health effects of fifth-generation technology.

Requests the department of health to conduct a study on the potential health risks of 5G wireless technology, including peer-reviewed scientific data on 5G, and a moratorium be implemented on current and future deployment of 5G and related technology until the study is completed.

Prohibits the deployment of 5G in the state until a definitive research base exists finding that 5G poses no significant public health hazard.

Requests the department of health to conduct a study of the environmental and health effects of fifth-generation wireless technology.

Requests the department of health to conduct a study of the environmental and health effects of fifth-generation wireless technology.

Amends the Small Wireless Facilities Deployment Act. Makes a technical change in a section concerning the short title.

Creates the Local Control, Protection, and Empowering Law in the Small Wireless Facilities Deployment Act. Provides that property owners may, by petition, require a hearing prior to an authority's approval or denial of the installation of a small wireless facility in an area zoned exclusively for residential purposes. Requires the petition to include 250 signatures of the property owners or 40% of the property owners, whichever is less, within 1,000 feet of where the small wireless facility would be installed. Includes other petition and hearing requirements. Provides that all findings and written comments of the authority as a result of the hearing must be forwarded to the Office of the Secretary of the Federal Communications Commission by the authority. Provides that a hearing shall not interfere with the requirement that an authority approve or deny an application within specified timeframes.

Amends the Small Wireless Facilities Deployment Act. Provides that a wireless provider may be required to provide the following additional information when seeking a permit to collocate small wireless facilities: (i) a written affidavit signed by a radio frequency engineer with specified certifications; (ii) a written report that analyzes acoustic levels for the small wireless facility and all associated equipment; (iii) information showing the small wireless facility has received any required review by the FCC under the National Environmental Policy Act; and (iv) a certified copy of the original easement documents and other supporting documentation demonstrating that the applicant has the right to install, mount, maintain, and remove a small wireless facility and associated equipment in specified circumstances. Provides that an authority may propose that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 200 feet (rather than 100 feet) of the proposed collocation. In provisions prohibiting an authority from requiring an application, approval, or permit or requiring any fees or other charges from a communications service provider authorized to occupy the rights-of-way for the replacement of wireless facilities with wireless facilities that are substantially similar, clarifies when changes are not "substantially similar". Provides that an authority may adopt reasonable rules requiring providers to place above-ground small wireless facilities and associated equipment and to replace larger, more visually intrusive small wireless facilities with smaller, less visually intrusive facilities. Adds provisions concerning radio frequency compliance. Makes other changes.

Amends the Small Wireless Facilities Deployment Act. Modifies the definition of "collocate" or "collocation" and adds a definition of "structure." Changes various references of "collocate" or "collocation" to "install" or "installation." Provides that an authority may require in a residential historic district that a small wireless facility be collocated on an existing utility pole or existing wireless support structure within 850 feet of the proposed installation or, if no such existing wireless support structure, the authority may reject the application.

Amends the Small Wireless Facilities Deployment Act. Makes a technical change in a section concerning the short title.

Amends the Small Wireless Facilities Deployment Act. Provides that a wireless provider may be required to provide the following additional information when seeking a permit to collocate small wireless facilities: (i) a written affidavit signed by a radio frequency engineer with specified certifications; (ii) a written report that analyzes acoustic levels for the small wireless facility and all associated equipment; (iii) information showing the small wireless facility has received any required review by the FCC under the National Environmental Policy Act; and (iv) a certified copy of the original easement documents and other supporting documentation demonstrating that the applicant has the right to install, mount, maintain, and remove a small wireless facility and associated equipment in specified circumstances. Provides that an authority may propose that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 200 feet (rather than 100 feet) of the proposed collocation. In provisions prohibiting an authority from requiring an application, approval, or permit or requiring any fees or other charges from a communications service provider authorized to occupy the rights-of-way for the replacement of wireless facilities with wireless facilities that are substantially similar, clarifies when changes are not "substantially similar". Provides that an authority may adopt reasonable rules requiring providers to place above-ground small wireless facilities and associated equipment and to replace larger, more visually intrusive small wireless facilities with smaller, less visually intrusive facilities. Adds provisions concerning radio frequency compliance. Makes other changes.

Creates the 5G Task Force to identify any major health risks associated with the proliferation of 5G infrastructure in the state of Illinois.

Creates the 5G Task Force to identify any major health risks associated with the proliferation of 5G infrastructure in the state of Illinois.

Requests the establishment of an interim committee to evaluate the safety of fifth-generation wireless network technology.

Enacts Chapter 50 of Title 33 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 33:9721, relative to small wireless facilities; authorizes parishes and municipalities to enact ordinances relative to the installation of such facilities within their jurisdiction; provides requirements for such ordinances; provides for such parishes and municipalities to become connected ready communities; requires the Public Service Commission to provide certain services to connected ready communities.

Requests formation of a task force (including members of the General Court) relative to the economic and regulatory impacts of fifth-generation (5G) cellular mobile communications.

Establishes a special commission to study the environmental and health effects of evolving 5G technology.

Registers wireless facilities to allow for monitoring and to ease access to contact information.

Bans especially dangerous wireless facilities, emissions, and products.

Amends the Small Wireless Communications Facilities Deployment Act to define a county road commission as an “authority” for purposes of that act.

SB 1256
Signed by governor 12/30/20, Public Act 360

Amends the Small Wireless Communications Facilities Deployment Act to define a county road commission as an “authority” for purposes of that act.

Modifies requirements for small wireless facilities; requires a study; appropriates money.

HB 1768
Signed by governor 7/2/20

This bill modifies provisions related to communication services. This bill modifies the powers of neighborhood improvement districts and community improvement districts to include the ability to partner with telecommunications companies or broadband service providers in order to construct or improve telecommunications facilities. A grandfathered political subdivision shall not charge a linear foot fee for use of its right-of-way to a small local exchange telecommunications company as of Dec. 31, 2019, as defined in the bill; provided that the small local exchange telecommunications company is providing Internet access to customers within rural areas of the state. This bill extends the sunset date for the Uniform Small Wireless Facility Deployment Act from Jan. 1, 2021, to Jan. 1, 2025. Under the bill, any corporation formed for the purpose of being a telephone or telegraph company or operating under the General and Business Corporation Law of Missouri, may amend the articles of association to include a statement referencing the corporation's operating designation as an exempt organization as described in the Internal Revenue Code. This bill requires the Department of Economic Development to maintain a record of all federal grants awarded to entities for the purposes of providing, maintaining, and expanding rural broadband in the state. In cases in which federal funds have been awarded but later retained, withheld, or otherwise not distributed to the original grant recipient due to failure to meet performance standards or other criteria, the Department of Economic Development will seek to have the funds awarded to another eligible, qualified Missouri broadband provider. Under this bill, a grant recipient of funds from the Missouri Broadband Grant Program must return such funds if the grant recipient fails to establish retail broadband Internet speeds of at least 25 megabits per-second download and three megabits per-second upload). Currently, the broadband Internet grant program for unserved and underserved areas of the state will expire on Aug. 28, 2021. This bill extends the program until June 30, 2027.

Currently, the uniform small wireless facility deployment act expires on Jan. 1, 2021. This bill repeals the expiration date.

Establishes “5G Network and Development Task Force.”

Provides for uniform regulation of small wireless facility deployment in this state.

This bill clarifies the application of the business personal property tax on local exchange telephone companies that were subject to the tax as of April 1, 1997.  This bill clarifies the changes made in 1997 to the business personal property tax that defined local exchange telephone companies that were subject to that tax as of April 1, 1997. The Tax Court in Verizon New Jersey Inc. v. Hopewell Borough, which was decided on June 26, 2012, has incorrectly construed the plain meaning of the language of the statutory change made in 1997. That statutory change was intended to grandfather into the local property tax base the business personal property of all incumbent local exchange companies that were then subject to that tax and were a telecommunications carrier then meeting the one-time definition, not an annual redefinition, of providing dial tone and access to 51% of a local telephone exchange.  Local exchange telephone companies have taken advantage of the incorrect interpretation of the statute and has informed 65 municipalities that it will no longer pay tax on its business personal property, such as equipment, utility poles, cables and more in any given municipality where it claims on an annual basis that it does not provide 51% or more of landline service to its residents. This unintended erosion of the local property tax base will impact all other local property taxpayers in these and possibly more municipalities. This bill restores the intended local property tax status quo intended to be determined in 1997. This bill also imposes the business personal property tax on the business personal property of wireless telephone companies. That business personal property would include small cell network nodes, which are low—powered radio access nodes that generally consist of small radios and antennas that are two or three feet long and placed on existing and new utility poles, street lights, signs, and signal light poles with the purpose of increasing the capacity of wireless network service.

Establishes the “New Jersey Commission on 5G Health Effects” to study the environmental and health effects of 5G wireless technologies.

Withdrawn from further consideration 7/2/20

This bill, to be known and cited as the “Small Wireless Facilities Deployment Act”; provides for uniform regulation of small wireless facility deployment in New Jersey.

Establishes a temporary commission to study the environmental and health effects of evolving 5G technology.

AB 8988
Signed by governor 4/17/20, Chapter 32
SB 7179
Substituted 2/5/20

Directs the study of the future implementation of fifth and future generation wireless network system technology in the state and specifies which agencies shall conduct such study.

Directs the study of the health and environmental impact of the implementation of 5G and future generation wireless network system technology and small cell distributed antenna systems in the state.

HB 4262
Signed by governor 9/29/20, Act 179

Adds article 5 to chapter 11, title 58 so as to, among other things, enact the "South Carolina Small Wireless Facilities Deployment Act"; makes legislative findings; defines relevant terms; makes provisions for certain agreements or enactments addressing the deployment of small wireless facilities entered into prior to the effective date of this act; provides, among other things, guidelines and procedures to units of local government regarding enactments addressing decorative poles, underground districts, design districts, and historic districts; affirms the powers of units of local government with respect to wireless facilities that are not small wireless facilities located within rights of way; provides, among other things, guidelines and procedures to wireless providers and units of local government with control over rights of way regarding the collocation of certain small wireless facilities within rights of way; makes provisions for applications, fees, application review, and the issuance of permits for the collocation of small wireless facilities; requires that applications to collocate small wireless facilities pursuant to this article must be processed on a nondiscriminatory basis; enumerates the conditions under which a unit of local government may deny an applicant's proposed collocation of a small wireless facility, and provides that subject to the ability of a unit of local government to deny an application, the collocation of small wireless facilities must be allowed on nondiscriminatory terms and conditions; provides that the administrative law court has contested case jurisdiction to determine all disputes arising under this act; and prohibits a unit of local government from requiring a wireless provider to indemnify and hold the authority and its officers and employees harmless against any claims, lawsuits, judgments, costs, liens, losses, expenses, or fees, except when a court of competent jurisdiction has found that the negligence of the wireless provider while installing, repairing, or maintaining facilities, poles, or support structures pursuant to this act caused the harm that created such claims, lawsuits, judgments, costs, liens, losses, expenses, or fees.

Amends and reenacts §64-8-1 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Highways to promulgate a legislative rule relating to small wireless facilities on Division of Highways rights-of-way.

SB 364
Signed by governor 2/24/20, Act 208

Amends and reenacts §64-8-1 et seq. of the Code of West Virginia, 1931, as amended, relating generally to authorizing certain agencies of the Department of Transportation to promulgate legislative rules; authorizes the rules as filed and as modified by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizes the Division of Highways to promulgate a legislative rule relating to use of state road rights-of-way and adjacent areas; authorizes the Division of Highways to promulgate a legislative rule relating to transportation of hazardous wastes upon the roads and highways; authorizes the Division of Highways to promulgate a legislative rule relating to small wireless facilities on Division of Highways rights-of-way; authorizes the Division of Motor Vehicles to promulgate a legislative rule relating to a safety and treatment program; and authorizes the Division of Motor Vehicles to promulgate a legislative rule relating to State Vehicle Title, Registration, and Relicensing Project of 2018.

Amends and reenacts §64-8-1 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Highways to promulgate a legislative rule relating to small wireless facilities on Division of Highways rights-of-way.

AB 234
Failed to pass pursuant to Senate Joint Resolution 1 4/1/20

This bill creates a regulatory framework for the state and political subdivisions (cities, villages, towns, and counties) for the following: 1) the deployment by wireless services and infrastructure providers (wireless providers) of wireless equipment and facilities, including the placement of such items in rights-of-way (ROW); 2) the permitting process for certain activities by wireless providers; 3) the regulation of access to certain governmental structures by wireless providers; and 4) the resolution of disputes. The bill also authorizes political subdivisions to impose setback requirements for certain mobile service support structures.