Bill Text: IA HF556 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to applications for wireless communications facilities and infrastructure. (Formerly HSB 167) (See Cmte. Bill HF 655)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-05-06 - Withdrawn. H.J. 1024. [HF556 Detail]
Download: Iowa-2015-HF556-Introduced.html
House File 556 - Introduced HOUSE FILE BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 167) A BILL FOR 1 An Act relating to applications for wireless communications 2 facilities and infrastructure. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2400HV (1) 86 ad/sc PAG LIN 1 1 Section 1. NEW SECTION. 8C.1 Short title. 1 2 This chapter shall be known and may be cited as the "Iowa 1 3 Cell Siting Act". 1 4 Sec. 2. NEW SECTION. 8C.2 Definitions. 1 5 For the purposes of this chapter, unless the context 1 6 otherwise requires: 1 7 1. "Applicant" means any person engaged in the business of 1 8 providing wireless telecommunications services or the wireless 1 9 telecommunications infrastructure required for wireless 1 10 telecommunications services and who submits an application. 1 11 2. "Application" means a request submitted by an applicant 1 12 to an authority to construct a new tower, for the initial 1 13 placement of transmission equipment on a wireless support 1 14 structure, for the modification of an existing tower or 1 15 existing base station that constitutes a substantial change 1 16 to an existing tower or existing base station, or any other 1 17 request to construct or place transmission equipment that does 1 18 not meet the definition of an eligible facilities request. 1 19 3. "Authority", used as a noun, means a state, county, 1 20 or city governing body, board, agency, office, or commission 1 21 authorized by law to make legislative, quasi=judicial, 1 22 or administrative decisions relative to an application. 1 23 "Authority" does not include state courts having jurisdiction 1 24 over land use, planning, or zoning decisions made by an 1 25 authority, or the utilities division of the department of 1 26 commerce. 1 27 4. a. "Base station" means a structure or equipment at a 1 28 fixed location that enables wireless communications licensed by 1 29 the federal communications commission or authorized wireless 1 30 communications between user equipment and a communications 1 31 network. 1 32 b. "Base station" does not mean a tower or equipment 1 33 associated with a tower. 1 34 c. "Base station" includes but is not limited to equipment 1 35 associated with wireless communications services such as 2 1 private, broadcast, and public safety services and unlicensed 2 2 wireless services and fixed wireless services such as microwave 2 3 backhaul. 2 4 d. "Base station" includes but is not limited to radio 2 5 transceivers, antennas, coaxial or fiberoptic cable, regular 2 6 and backup power supplies, and comparable equipment, regardless 2 7 of technological configuration. 2 8 e. "Base station" includes a structure other than a tower 2 9 that, at the time the relevant application is filed with 2 10 the state or local government, supports or houses equipment 2 11 described in this subsection that has been reviewed and 2 12 approved under the applicable zoning or siting process, or 2 13 under another state or local regulatory review process, even if 2 14 the structure was not built for the sole or primary purpose of 2 15 providing such support. 2 16 f. "Base station" does not include any structure that at 2 17 the time the relevant application is filed with the state or 2 18 local government does not support or house equipment described 2 19 in this subsection. 2 20 5. "Collocation" means the mounting or installation of 2 21 transmission equipment on a support structure for the purpose 2 22 of transmitting or receiving radio frequency signals for 2 23 communications purposes. 2 24 6. "Eligible facilities request" means a request for 2 25 modification of an existing tower or base station that does 2 26 not substantially change the physical dimensions of the tower 2 27 or base station and involves collocation of new transmission 2 28 equipment, the removal of transmission equipment, or the 2 29 replacement of transmission equipment. 2 30 7. "Existing tower" or "existing base station" means a tower 2 31 or base station that has been reviewed and approved under the 2 32 applicable zoning or siting process, or under another state or 2 33 local regulatory review process. "Existing tower" includes a 2 34 tower that was not reviewed and approved because it was not in 2 35 a zoned area when it was built and lawfully constructed. 3 1 8. "Initial placement or installation" means the first time 3 2 transmission equipment is placed or installed on a wireless 3 3 support structure. 3 4 9. a. "Site", in relation to a tower that is not in the 3 5 public right=of=way, means the current boundaries of the leased 3 6 or owned property surrounding the tower and any access or 3 7 utility easements currently related to the site. 3 8 b. "Site", in relation to support structures other than 3 9 towers, means an area in proximity to the structure and to 3 10 other transmission equipment already deployed on the ground. 3 11 10. "Substantial change" means a change in the existing 3 12 support structure which results in one or more of the 3 13 following: 3 14 a. (1) Increase in the height of a tower, other than a 3 15 tower in the public right=of=way, by more than ten percent or 3 16 by the height of one additional antenna array with separation 3 17 from the nearest existing antenna not to exceed twenty feet, 3 18 whichever is greater. 3 19 (2) Increase in the height of existing support structures, 3 20 other than a tower in subparagraph (1), by more than ten 3 21 percent or more than ten feet, whichever is greater. 3 22 (3) Height shall be measured from the original support 3 23 structure in cases where deployments are or will be separated 3 24 horizontally, such as on buildings' rooftops. Otherwise, 3 25 height shall be measured from the dimensions of the tower or 3 26 base station, inclusive of originally approved appurtenances 3 27 and any modifications that were approved prior to the passage 3 28 of the Spectrum Act, Pub. L. No. 112=96, Tit. VI. 3 29 b. (1) Addition of an appurtenance to the body of the 3 30 tower, other than a tower in the public right=of=way, that 3 31 would protrude from the edge of the tower more than twenty 3 32 feet, or more than the width of the tower structure at the 3 33 level of the appurtenance, whichever is greater. 3 34 (2) Addition of an appurtenance to an existing support 3 35 structure, other than a tower under subparagraph (1), that 4 1 would protrude from the edge of the structure by more than six 4 2 feet. 4 3 c. (1) Installation of more than the standard number of 4 4 new equipment cabinets for the technology involved, but not to 4 5 exceed four cabinets. 4 6 (2) Installation of any new equipment cabinets on the ground 4 7 if there are no preexisting ground cabinets associated with the 4 8 tower in the public right=of=way or base station. 4 9 (3) Installation of ground cabinets that are more than 4 10 ten percent larger in height or overall volume than any 4 11 other ground cabinets associated with a tower in the public 4 12 right=of=way or base station. 4 13 d. Excavation or deployment outside the current site. 4 14 e. Defeat of concealment elements of the existing support 4 15 structure. 4 16 f. Noncompliance with conditions associated with the siting 4 17 approval of the construction or modification of the existing 4 18 support structure or base station equipment, except if the 4 19 change is noncompliant only in a manner that does not exceed 4 20 the thresholds identified in paragraphs "a" through "d". 4 21 11. "Tower" means a structure built for the sole or 4 22 primary purpose of supporting an antenna and the associated 4 23 facilities authorized or licensed by the federal communications 4 24 commission. "Tower" includes structures constructed for 4 25 wireless communications services, including but not limited to 4 26 private, broadcast, and public safety services and unlicensed 4 27 wireless services and fixed wireless services, such as 4 28 microwave backhaul, and the associated site. 4 29 12. "Transmission equipment" means equipment that 4 30 facilitates transmission for a wireless communications 4 31 service licensed or authorized by the federal communications 4 32 commission, including but not limited to radio transceivers, 4 33 antennas, coaxial or fiberoptic cable, and regular and backup 4 34 power supply. "Transmission equipment" includes equipment 4 35 associated with wireless communications services, including but 5 1 not limited to private, broadcast, and public safety services, 5 2 as well as unlicensed wireless services and fixed wireless 5 3 services, such as microwave backhaul. 5 4 13. "Wireless support structure" means a structure that 5 5 exists at the time an application is submitted and is capable 5 6 of supporting the attachment or installation of transmission 5 7 equipment in compliance with applicable codes, including 5 8 but not limited to water towers, utility poles, buildings, 5 9 and other structures, whether within or outside the public 5 10 right=of=way. "Wireless support structure" does not include a 5 11 tower or existing base station. 5 12 Sec. 3. NEW SECTION. 8C.3 Uniform rules and limitations ==== 5 13 applications. 5 14 In order to ensure uniformity across this state with respect 5 15 to the consideration of every application, and notwithstanding 5 16 any other provision to the contrary, an authority shall not do 5 17 any of the following: 5 18 1. Require an applicant to submit information about, or 5 19 evaluate an applicant's business decisions with respect to, the 5 20 applicant's designed service, customer demand for service, or 5 21 quality of the applicant's service to or from a particular area 5 22 or site. 5 23 2. a. Evaluate an application based on the availability of 5 24 other potential locations for the placement or construction of 5 25 a tower or transmission equipment. 5 26 b. An authority shall not require the applicant to establish 5 27 other options for collocation instead of the construction of a 5 28 new tower or modification of an existing tower or existing base 5 29 station that constitutes a substantial change to an existing 5 30 tower or existing base station. 5 31 c. Notwithstanding paragraph "b", an authority may require 5 32 an applicant applying for the construction of a new tower to 5 33 state in its application that it conducted an analysis of 5 34 available collocation opportunities on existing towers or 5 35 existing base stations within the same search ring defined by 6 1 the applicant solely for the purpose of confirming that the 6 2 applicant undertook such analysis. 6 3 3. Dictate the type of transmission equipment or technology 6 4 to be used by the applicant or discriminate between different 6 5 types of infrastructure or technology. 6 6 4. a. Require the removal of existing towers, base 6 7 stations, or transmission equipment, wherever located, as a 6 8 condition to approval of an application. 6 9 b. Notwithstanding paragraph "a", the authority may adopt 6 10 reasonable rules regarding removal of abandoned towers or 6 11 transmission equipment. 6 12 5. Impose environmental testing, sampling, or monitoring 6 13 requirements, or other compliance measures, for radio frequency 6 14 emissions from transmission equipment that are categorically 6 15 excluded under the federal communications commission's 6 16 rules for radio frequency emissions pursuant to 47 C.F.R. 6 17 {1.1307(b)(1). 6 18 6. Establish or enforce regulations or procedures for radio 6 19 frequency signal strength or the adequacy of service quality. 6 20 7. Reject an application, in whole or in part, based on 6 21 perceived or alleged environmental effects of radio frequency 6 22 emissions, as provided in 47 U.S.C. {332(c)(7)(B)(iv). 6 23 8. Impose restrictions with respect to objects in navigable 6 24 airspace that are greater than or in conflict with the 6 25 restrictions imposed by the federal aviation administration. 6 26 9. Prohibit the placement of emergency power systems that 6 27 comply with federal and state environmental requirements. 6 28 10. Charge an application fee, consulting fee, or other fee 6 29 associated with the submission, review, processing, or approval 6 30 of an application that is not required for similar types of 6 31 commercial development within the authority's jurisdiction. 6 32 Fees imposed by an authority or by a third=party entity 6 33 providing review or technical consultation to the authority 6 34 shall be based on actual, direct, and reasonable administrative 6 35 costs incurred for the review, processing, and approval of an 7 1 application. In no case shall total charges and fees exceed 7 2 five hundred dollars for an eligible facilities request or 7 3 three thousand dollars for an application for a new tower, for 7 4 the initial placement or installation of transmission equipment 7 5 on a wireless support structure, for a modification of an 7 6 existing tower or existing base station that constitutes a 7 7 substantial change to an existing tower or base station, or any 7 8 other application to construct or place transmission equipment 7 9 that does not constitute an eligible facilities request. An 7 10 authority or any third=party entity shall not include within 7 11 its charges any travel expenses incurred in the review of an 7 12 application, and an applicant shall not be required to pay or 7 13 reimburse an authority for consultant or other third=party fees 7 14 based on a contingency or result=based arrangement. 7 15 11. Impose surety requirements, including bonds, 7 16 escrow deposits, letters of credit, or any other type 7 17 of financial surety, to ensure that abandoned or unused 7 18 towers or transmission equipment can be removed unless the 7 19 authority imposes similar requirements on other applicants 7 20 for other types of commercial development or land uses. If 7 21 surety requirements are imposed, the requirements must be 7 22 competitively neutral, nondiscriminatory, reasonable in 7 23 amount, and commensurate with the historical record for local 7 24 facilities and structures that are abandoned. 7 25 12. Condition the approval of an application on the 7 26 applicant's agreement to provide space on or near the tower, 7 27 base station, or wireless support structure for authority 7 28 services at less than the market rate for such space or to 7 29 provide other services via the structure or facilities at less 7 30 than the market rate for such services. 7 31 13. Limit the duration of the approval of an application. 7 32 14. Discriminate on the basis of the ownership, including 7 33 ownership by the authority, of any property, structure, or 7 34 tower when promulgating rules or procedures for siting wireless 7 35 facilities or for evaluating applications. 8 1 Sec. 4. NEW SECTION. 8C.4 Uniform rules ==== new tower 8 2 applications. 8 3 1. An authority may exercise zoning, land use, planning, 8 4 and permitting authority within the authority's territorial 8 5 boundaries with regard to the siting of new towers, subject to 8 6 the provisions of this chapter and federal law. 8 7 2. An applicant that proposes to construct a new tower 8 8 within the jurisdiction of an authority that has adopted 8 9 planning and zoning regulations shall submit the necessary 8 10 copies and attachments of the application to the appropriate 8 11 authority and comply with applicable local ordinances 8 12 concerning land use and the appropriate permitting processes. 8 13 3. All records, including but not limited to documents and 8 14 electronic data, in the possession or custody of authority 8 15 personnel shall be considered confidential trade secrets as 8 16 provided for in section 22.7, subsection 3. 8 17 4. An authority, within one hundred fifty calendar days 8 18 of receiving an application to construct a new tower, unless 8 19 another date is specified in a written agreement between the 8 20 authority and the applicant, shall comply with the following 8 21 provisions: 8 22 a. Review the application for conformity with applicable 8 23 local zoning regulations, building permit requirements, and 8 24 consistency with this chapter. An application is deemed to 8 25 be complete unless the authority notifies the applicant in 8 26 writing, within thirty calendar days of submission of the 8 27 application, specifying the deficiencies in the application 8 28 which, if cured, would make the application complete. The 8 29 authority's timeframe to review the application is tolled 8 30 beginning the date the notice is sent. The authority's 8 31 timeframe of one hundred fifty days for review of the 8 32 application begins running again when the applicant cures the 8 33 specified deficiencies. Following the applicant's supplemental 8 34 submission, the authority has ten days to notify the 8 35 applicant that the supplemental submission did not provide the 9 1 information identified in the original notice that specified 9 2 deficiencies in the application. The authority's timeframe of 9 3 one hundred fifty days to review the application is tolled in 9 4 the case of second or subsequent notices in conformance with 9 5 this paragraph. The authority's timeframe for review does not 9 6 toll if the authority requests information regarding any of the 9 7 considerations an authority may not consider as described in 9 8 section 8C.3. 9 9 b. Make its final decision to approve or disapprove the 9 10 application. 9 11 c. Advise the applicant in writing of its final decision. 9 12 5. If the authority fails to act on an application to 9 13 construct a new tower within the timeframe for review specified 9 14 under subsection 4, the application shall be deemed approved. 9 15 6. A party aggrieved by the final action of an authority, 9 16 either by its affirmative disapproval of an application under 9 17 the provisions of this section or by its inaction, may bring 9 18 an action for review in any court of competent jurisdiction to 9 19 recover reasonable costs related to the application process and 9 20 attorney fees. 9 21 Sec. 5. NEW SECTION. 8C.5 Uniform rules for certain 9 22 changes. 9 23 1. An authority may exercise zoning, land use, planning, 9 24 and permitting authority within the authority's territorial 9 25 boundaries with regard to an application for initial placement 9 26 or installation of transmission equipment on wireless support 9 27 structures, for modification of an existing tower or existing 9 28 base station that constitutes a substantial change, or for a 9 29 request for construction or placement of transmission equipment 9 30 that does not constitute an eligible facilities request, 9 31 subject to the provisions of this chapter and federal law. 9 32 2. An applicant that proposes an initial placement or 9 33 installation of transmission equipment on wireless support 9 34 structures, a modification of an existing tower or existing 9 35 base station that constitutes a substantial change, or a 10 1 request for construction or placement of transmission equipment 10 2 that does not constitute an eligible facilities request, within 10 3 the jurisdiction of an authority that has adopted planning 10 4 and zoning ordinances, rules, or regulations shall submit the 10 5 necessary copies and attachments of the application to the 10 6 authority and comply with such applicable local ordinances, 10 7 rules, or regulations concerning land use and zoning and the 10 8 appropriate local permitting processes. 10 9 3. All records, including but not limited to documents and 10 10 electronic data, in the possession or custody of authority 10 11 personnel shall be considered confidential trade secrets as 10 12 provided for in section 22.7, subsection 3. 10 13 4. An authority, within ninety calendar days of receiving 10 14 an application for a substantial modification of a wireless 10 15 support structure, unless another date is specified in a 10 16 written agreement between the authority and the applicant, 10 17 shall comply with the following provisions: 10 18 a. Review the application for conformity with applicable 10 19 local zoning ordinances, rules, or regulations, building 10 20 permit requirements, and consistency with this chapter. An 10 21 application is deemed to be complete unless the authority 10 22 notifies the applicant in writing, within thirty calendar 10 23 days of submission of the application, specifying the 10 24 deficiencies in the application which, if cured, would make 10 25 the application complete. The authority's timeframe for 10 26 review is tolled beginning the date the notice is sent. The 10 27 authority's ninety=day timeframe for review of the application 10 28 begins running again when the applicant cures the specified 10 29 deficiencies. Following the applicant's supplemental 10 30 submission, the authority has ten days to notify the 10 31 applicant that the supplemental submission did not provide the 10 32 information identified in the original notice that specified 10 33 deficiencies. The authority's ninety=day timeframe to review 10 34 the application is tolled in the case of second or subsequent 10 35 notices in conformance with this paragraph. The authority's 11 1 ninety=day timeframe for review does not toll if the authority 11 2 requests information regarding any of the considerations an 11 3 authority may not consider as described in section 8C.3. 11 4 b. Make its final decision to approve or disapprove the 11 5 application. 11 6 c. Advise the applicant in writing of its final decision. 11 7 5. If the authority fails to act on an application for an 11 8 initial placement or installation of transmission equipment on 11 9 wireless support structures, for a modification of an existing 11 10 tower or existing base station that constitutes a substantial 11 11 change, or for a request for construction or placement of 11 12 transmission equipment that does not constitute an eligible 11 13 facilities request within the review period specified under 11 14 subsection 4, the application for a substantial modification 11 15 shall be deemed approved. 11 16 6. A party aggrieved by the final action of an authority, 11 17 either by its affirmative disapproval of an application under 11 18 the provisions of this section or by its inaction, may bring 11 19 an action for review in any court of competent jurisdiction to 11 20 recover reasonable costs related to the application process and 11 21 attorney fees. 11 22 Sec. 6. NEW SECTION. 8C.6 Use of public lands for towers 11 23 and transmission equipment. 11 24 1. In accordance with other applicable laws, when entering 11 25 into a lease with an applicant for the applicant's use of 11 26 public lands, an authority shall offer the market rate value 11 27 for use of that land. The term of the lease shall be for at 11 28 least twenty years. 11 29 2. a. If the authority and the applicant cannot agree on 11 30 the market rate for lease of the public land and cannot agree 11 31 on the process to derive the market rate, a three=person panel 11 32 of appraisers shall determine the market rate. Each party will 11 33 appoint one appraiser and the two appointed appraisers shall 11 34 select a third appraiser. Each appraiser shall independently 11 35 appraise the appropriate market rate for lease of the land. 12 1 The market rate shall be set at the median value between 12 2 the highest and lowest market rates determined by the three 12 3 independent appraisers. However, if the median between the 12 4 appraisals of the appraisers appointed by each party is greater 12 5 than or less than ten percent of the appraisal of the appraiser 12 6 selected by the two appraisers, then the appraisal of the 12 7 appraiser selected by the two appraisers shall determine the 12 8 rate for the lease. 12 9 b. The authority and applicant shall conclude the appraisal 12 10 process within one hundred fifty calendar days from the date 12 11 the applicant first offered a proposed lease rate to the 12 12 authority. 12 13 c. If using the three=person panel, each party shall bear 12 14 the cost of its own appointed appraiser and equally share the 12 15 cost of the third appraiser. 12 16 EXPLANATION 12 17 The inclusion of this explanation does not constitute agreement with 12 18 the explanation's substance by the members of the general assembly. 12 19 This bill relates to the deployment of and applications for 12 20 wireless communications facilities and infrastructure. 12 21 The bill provides a number of definitions regarding wireless 12 22 facilities and infrastructure. "Authority" is defined to mean 12 23 a state, county, or municipal governing body, board, agency, 12 24 office, or commission authorized by law to make legislative, 12 25 quasi=judicial, or administrative decisions relative to an 12 26 application. "Application" is defined as a request submitted 12 27 by an applicant to an authority to construct a new tower, for 12 28 the initial placement of transmission equipment on a wireless 12 29 support structure, for the modification of an existing tower 12 30 or existing base station that constitutes a substantial 12 31 change to an existing tower or existing base station, or any 12 32 other request to construct or place transmission equipment 12 33 that does not meet the definition of an eligible facilities 12 34 request as it is not a substantial change. "Tower" is a 12 35 structure built for the sole or primary purpose of supporting 13 1 an authorized or federal communications commission licensed 13 2 antenna and the associated facilities. "Wireless support 13 3 structure" is defined as a structure that exists at the time 13 4 an application is submitted and is capable of supporting the 13 5 attachment or installation of transmission equipment, but does 13 6 not include a tower or existing base station. "Transmission 13 7 equipment" means equipment that facilitates transmission for an 13 8 authorized federal communications commission licensed wireless 13 9 communications service. 13 10 The bill provides a series of uniform rules or limitations 13 11 applicable to all applications. The rules and limitations 13 12 include prohibiting requiring certain information, as specified 13 13 in the bill, from or about an applicant. 13 14 The bill provides timeframes within which an authority must 13 15 act upon an application to construct a new tower, for the 13 16 initial placement or installation of transmission equipment on 13 17 wireless support structures, for modification of an existing 13 18 tower or base station that constitutes a substantial change, 13 19 or for a request for construction or placement of transmission 13 20 equipment that does not constitute an eligible facilities 13 21 request. The authority may request that the applicant cure 13 22 deficiencies in the application, during which time the 13 23 timeframe for review is tolled. 13 24 When entering into a lease with an applicant for the 13 25 applicant's use of public land, the bill requires an authority 13 26 to offer the market rate value for use of that land and a lease 13 27 term of at least 20 years. The bill provides a process for 13 28 determination of the market rate value for purposes of the 13 29 lease if the authority and the applicant disagree on the rate. LSB 2400HV (1) 86 ad/sc
