Bill Text: IL HB1738 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Provides for the reenactment of the Small Wireless Facilities Deployment Act and makes findings concerning the earlier reenactment by Public Act 102-9. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2021-06-25 - Public Act . . . . . . . . . 102-0021 [HB1738 Detail]

Download: Illinois-2021-HB1738-Chaptered.html

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Public Act 102-0021
HB1738 Enrolled LRB102 00350 SPS 10352 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Small Wireless Facilities Deployment Act is
reenacted and amended as follows:
(50 ILCS 840/Act title)
An Act concerning local government.
(50 ILCS 840/1) (was 50 ILCS 835/1)
Sec. 1. Short title. This Act may be cited as the Small
Wireless Facilities Deployment Act.
(Source: P.A. 100-585, eff. 6-1-18.)
(50 ILCS 840/5) (was 50 ILCS 835/5)
Sec. 5. Legislative intent. Small wireless facilities are
critical to delivering wireless access to advanced technology,
broadband, and 9-1-1 services to homes, businesses, and
schools in Illinois. Because of the integral role that the
delivery of wireless technology plays in the economic vitality
of the State of Illinois and in the lives of its citizens, the
General Assembly has determined that a law addressing the
deployment of wireless technology is of vital interest to the
State. To ensure that public and private Illinois consumers

continue to benefit from these services as soon as possible
and to ensure that providers of wireless access have a fair and
predictable process for the deployment of small wireless
facilities in a manner consistent with the character of the
area in which the small wireless facilities are deployed, the
General Assembly is enacting this Act, which specifies how
local authorities may regulate the collocation of small
wireless facilities.
(Source: P.A. 100-585, eff. 6-1-18.)
(50 ILCS 840/7) (was 50 ILCS 835/7)
Sec. 7. Applicability. This Act does not apply to a
municipality with a population of 1,000,000 or more.
(Source: P.A. 100-585, eff. 6-1-18.)
(50 ILCS 840/10) (was 50 ILCS 835/10)
Sec. 10. Definitions. As used in this Act:
"Antenna" means communications equipment that transmits or
receives electromagnetic radio frequency signals used in the
provision of wireless services.
"Applicable codes" means uniform building, fire,
electrical, plumbing, or mechanical codes adopted by a
recognized national code organization or local amendments to
those codes, including the National Electric Safety Code.
"Applicant" means any person who submits an application
and is a wireless provider.

"Application" means a request submitted by an applicant to
an authority for a permit to collocate small wireless
facilities, and a request that includes the installation of a
new utility pole for such collocation, as well as any
applicable fee for the review of such application.
"Authority" means a unit of local government that has
jurisdiction and control for use of public rights-of-way as
provided by the Illinois Highway Code for placements within
public rights-of-way or has zoning or land use control for
placements not within public rights-of-way.
"Authority utility pole" means a utility pole owned or
operated by an authority in public rights-of-way.
"Collocate" or "collocation" means to install, mount,
maintain, modify, operate, or replace wireless facilities on
or adjacent to a wireless support structure or utility pole.
"Communications service" means cable service, as defined
in 47 U.S.C. 522(6), as amended; information service, as
defined in 47 U.S.C. 153(24), as amended; telecommunications
service, as defined in 47 U.S.C. 153(53), as amended; mobile
service, as defined in 47 U.S.C. 153(33), as amended; or
wireless service other than mobile service.
"Communications service provider" means a cable operator,
as defined in 47 U.S.C. 522(5), as amended; a provider of
information service, as defined in 47 U.S.C. 153(24), as
amended; a telecommunications carrier, as defined in 47 U.S.C.
153(51), as amended; or a wireless provider.

"FCC" means the Federal Communications Commission of the
United States.
"Fee" means a one-time charge.
"Historic district" or "historic landmark" means a
building, property, or site, or group of buildings,
properties, or sites that are either (i) listed in the
National Register of Historic Places or formally determined
eligible for listing by the Keeper of the National Register,
the individual who has been delegated the authority by the
federal agency to list properties and determine their
eligibility for the National Register, in accordance with
Section VI.D.1.a.i through Section VI.D.1.a.v of the
Nationwide Programmatic Agreement codified at 47 CFR Part 1,
Appendix C; or (ii) designated as a locally landmarked
building, property, site, or historic district by an ordinance
adopted by the authority pursuant to a preservation program
that meets the requirements of the Certified Local Government
Program of the Illinois State Historic Preservation Office or
where such certification of the preservation program by the
Illinois State Historic Preservation Office is pending.
"Law" means a federal or State statute, common law, code,
rule, regulation, order, or local ordinance or resolution.
"Micro wireless facility" means a small wireless facility
that is not larger in dimension than 24 inches in length, 15
inches in width, and 12 inches in height and that has an
exterior antenna, if any, no longer than 11 inches.

"Permit" means a written authorization required by an
authority to perform an action or initiate, continue, or
complete a project.
"Person" means an individual, corporation, limited
liability company, partnership, association, trust, or other
entity or organization, including an authority.
"Public safety agency" means the functional division of
the federal government, the State, a unit of local government,
or a special purpose district located in whole or in part
within this State, that provides or has authority to provide
firefighting, police, ambulance, medical, or other emergency
services to respond to and manage emergency incidents.
"Rate" means a recurring charge.
"Right-of-way" means the area on, below, or above a public
roadway, highway, street, public sidewalk, alley, or utility
easement dedicated for compatible use. "Right-of-way" does not
include authority-owned aerial lines.
"Small wireless facility" means a wireless facility that
meets both of the following qualifications: (i) each antenna
is located inside an enclosure of no more than 6 cubic feet in
volume or, in the case of an antenna that has exposed elements,
the antenna and all of its exposed elements could fit within an
imaginary enclosure of no more than 6 cubic feet; and (ii) all
other wireless equipment attached directly to a utility pole
associated with the facility is cumulatively no more than 25
cubic feet in volume. The following types of associated

ancillary equipment are not included in the calculation of
equipment volume: electric meter, concealment elements,
telecommunications demarcation box, ground-based enclosures,
grounding equipment, power transfer switch, cut-off switch,
and vertical cable runs for the connection of power and other
services.
"Utility pole" means a pole or similar structure that is
used in whole or in part by a communications service provider
or for electric distribution, lighting, traffic control, or a
similar function.
"Wireless facility" means equipment at a fixed location
that enables wireless communications between user equipment
and a communications network, including: (i) equipment
associated with wireless communications; and (ii) radio
transceivers, antennas, coaxial or fiber-optic cable, regular
and backup power supplies, and comparable equipment,
regardless of technological configuration. "Wireless facility"
includes small wireless facilities. "Wireless facility" does
not include: (i) the structure or improvements on, under, or
within which the equipment is collocated; or (ii) wireline
backhaul facilities, coaxial or fiber optic cable that is
between wireless support structures or utility poles or
coaxial, or fiber optic cable that is otherwise not
immediately adjacent to or directly associated with an
antenna.
"Wireless infrastructure provider" means any person

authorized to provide telecommunications service in the State
that builds or installs wireless communication transmission
equipment, wireless facilities, wireless support structures,
or utility poles and that is not a wireless services provider
but is acting as an agent or a contractor for a wireless
services provider for the application submitted to the
authority.
"Wireless provider" means a wireless infrastructure
provider or a wireless services provider.
"Wireless services" means any services provided to the
general public, including a particular class of customers, and
made available on a nondiscriminatory basis using licensed or
unlicensed spectrum, whether at a fixed location or mobile,
provided using wireless facilities.
"Wireless services provider" means a person who provides
wireless services.
"Wireless support structure" means a freestanding
structure, such as a monopole; tower, either guyed or
self-supporting; billboard; or other existing or proposed
structure designed to support or capable of supporting
wireless facilities. "Wireless support structure" does not
include a utility pole.
(Source: P.A. 100-585, eff. 6-1-18.)
(50 ILCS 840/15) (was 50 ILCS 835/15)
Sec. 15. Regulation of small wireless facilities.

(a) This Section applies to activities of a wireless
provider within or outside rights-of-way.
(b) Except as provided in this Section, an authority may
not prohibit, regulate, or charge for the collocation of small
wireless facilities.
(c) Small wireless facilities shall be classified as
permitted uses and subject to administrative review in
conformance with this Act, except as provided in paragraph (5)
of subsection (d) of this Section regarding height exceptions
or variances, but not subject to zoning review or approval if
they are collocated (i) in rights-of-way in any zone, or (ii)
outside rights-of-way in property zoned exclusively for
commercial or industrial use.
(d) An authority may require an applicant to obtain one or
more permits to collocate a small wireless facility. An
authority shall receive applications for, process, and issue
permits subject to the following requirements:
(1) An authority may not directly or indirectly
require an applicant to perform services unrelated to the
collocation for which approval is sought, such as in-kind
contributions to the authority, including reserving fiber,
conduit, or utility pole space for the authority on the
wireless provider's utility pole. An authority may reserve
space on authority utility poles for future public safety
uses or for the authority's electric utility uses, but a
reservation of space may not preclude the collocation of a

small wireless facility unless the authority reasonably
determines that the authority utility pole cannot
accommodate both uses.
(2) An applicant shall not be required to provide more
information to obtain a permit than the authority requires
of a communications service provider that is not a
wireless provider that requests to attach facilities to a
structure; however, a wireless provider may be required to
provide the following information when seeking a permit to
collocate small wireless facilities on a utility pole or
wireless support structure:
(A) site specific structural integrity and, for an
authority utility pole, make-ready analysis prepared
by a structural engineer, as that term is defined in
Section 4 of the Structural Engineering Practice Act
of 1989;
(B) the location where each proposed small
wireless facility or utility pole would be installed
and photographs of the location and its immediate
surroundings depicting the utility poles or structures
on which each proposed small wireless facility would
be mounted or location where utility poles or
structures would be installed;
(C) specifications and drawings prepared by a
structural engineer, as that term is defined in
Section 4 of the Structural Engineering Practice Act

of 1989, for each proposed small wireless facility
covered by the application as it is proposed to be
installed;
(D) the equipment type and model numbers for the
antennas and all other wireless equipment associated
with the small wireless facility;
(E) a proposed schedule for the installation and
completion of each small wireless facility covered by
the application, if approved;
(F) certification that the collocation complies
with paragraph (6) to the best of the applicant's
knowledge; and
(G) the wireless provider's certification from a
radio engineer that it operates the small wireless
facility within all applicable FCC standards.
(3) Subject to paragraph (6), an authority may not
require the placement of small wireless facilities on any
specific utility pole, or category of utility poles, or
require multiple antenna systems on a single utility pole;
however, with respect to an application for the
collocation of a small wireless facility associated with a
new utility pole, an authority may propose that the small
wireless facility be collocated on an existing utility
pole or existing wireless support structure within 200
feet of the proposed collocation, which the applicant
shall accept if it has the right to use the alternate

structure on reasonable terms and conditions and the
alternate location and structure does not impose technical
limits or additional material costs as determined by the
applicant. The authority may require the applicant to
provide a written certification describing the property
rights, technical limits or material cost reasons the
alternate location does not satisfy the criteria in this
paragraph (3).
(4) Subject to paragraph (6), an authority may not
limit the placement of small wireless facilities mounted
on a utility pole or a wireless support structure by
minimum horizontal separation distances.
(5) An authority may limit the maximum height of a
small wireless facility to 10 feet above the utility pole
or wireless support structure on which the small wireless
facility is collocated. Subject to any applicable waiver,
zoning, or other process that addresses wireless provider
requests for an exception or variance and does not
prohibit granting of such exceptions or variances, the
authority may limit the height of new or replacement
utility poles or wireless support structures on which
small wireless facilities are collocated to the higher of:
(i) 10 feet in height above the tallest existing utility
pole, other than a utility pole supporting only wireless
facilities, that is in place on the date the application
is submitted to the authority, that is located within 300

feet of the new or replacement utility pole or wireless
support structure and that is in the same right-of-way
within the jurisdictional boundary of the authority,
provided the authority may designate which intersecting
right-of-way within 300 feet of the proposed utility pole
or wireless support structures shall control the height
limitation for such facility; or (ii) 45 feet above ground
level.
(6) An authority may require that:
(A) the wireless provider's operation of the small
wireless facilities does not interfere with the
frequencies used by a public safety agency for public
safety communications; a wireless provider shall
install small wireless facilities of the type and
frequency that will not cause unacceptable
interference with a public safety agency's
communications equipment; unacceptable interference
will be determined by and measured in accordance with
industry standards and the FCC's regulations
addressing unacceptable interference to public safety
spectrum or any other spectrum licensed by a public
safety agency; if a small wireless facility causes
such interference, and the wireless provider has been
given written notice of the interference by the public
safety agency, the wireless provider, at its own
expense, shall take all reasonable steps necessary to

correct and eliminate the interference, including, but
not limited to, powering down the small wireless
facility and later powering up the small wireless
facility for intermittent testing, if necessary; the
authority may terminate a permit for a small wireless
facility based on such interference if the wireless
provider is not making a good faith effort to remedy
the problem in a manner consistent with the abatement
and resolution procedures for interference with public
safety spectrum established by the FCC including 47
CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672
through 47 CFR 90.675;
(B) the wireless provider comply with requirements
that are imposed by a contract between an authority
and a private property owner that concern design or
construction standards applicable to utility poles and
ground-mounted equipment located in the right-of-way;
(C) the wireless provider comply with applicable
spacing requirements in applicable codes and
ordinances concerning the location of ground-mounted
equipment located in the right-of-way if the
requirements include a waiver, zoning, or other
process that addresses wireless provider requests for
exception or variance and do not prohibit granting of
such exceptions or variances;
(D) the wireless provider comply with local code

provisions or regulations concerning undergrounding
requirements that prohibit the installation of new or
the modification of existing utility poles in a
right-of-way without prior approval if the
requirements include a waiver, zoning, or other
process that addresses requests to install such new
utility poles or modify such existing utility poles
and do not prohibit the replacement of utility poles;
(E) the wireless provider comply with generally
applicable standards that are consistent with this Act
and adopted by an authority for construction and
public safety in the rights-of-way, including, but not
limited to, reasonable and nondiscriminatory wiring
and cabling requirements, grounding requirements,
utility pole extension requirements, acoustic
regulations, and signage limitations; and shall comply
with reasonable and nondiscriminatory requirements
that are consistent with this Act and adopted by an
authority regulating the location, size, surface area
and height of small wireless facilities, or the
abandonment and removal of small wireless facilities;
(F) the wireless provider not collocate small
wireless facilities on authority utility poles that
are part of an electric distribution or transmission
system within the communication worker safety zone of
the pole or the electric supply zone of the pole;

however, the antenna and support equipment of the
small wireless facility may be located in the
communications space on the authority utility pole and
on the top of the pole, if not otherwise unavailable,
if the wireless provider complies with applicable
codes for work involving the top of the pole; for
purposes of this subparagraph (F), the terms
"communications space", "communication worker safety
zone", and "electric supply zone" have the meanings
given to those terms in the National Electric Safety
Code as published by the Institute of Electrical and
Electronics Engineers;
(G) the wireless provider comply with the
applicable codes and local code provisions or
regulations that concern public safety;
(H) the wireless provider comply with written
design standards that are generally applicable for
decorative utility poles, or reasonable stealth,
concealment, and aesthetic requirements that are
identified by the authority in an ordinance, written
policy adopted by the governing board of the
authority, a comprehensive plan, or other written
design plan that applies to other occupiers of the
rights-of-way, including on a historic landmark or in
a historic district;
(I) subject to subsection (c) of this Section, and

except for facilities excluded from evaluation for
effects on historic properties under 47 CFR
1.1307(a)(4), reasonable, technically feasible and
non-discriminatory design or concealment measures in a
historic district or historic landmark; any such
design or concealment measures, including restrictions
on a specific category of poles, may not have the
effect of prohibiting any provider's technology; such
design and concealment measures shall not be
considered a part of the small wireless facility for
purposes of the size restrictions of a small wireless
facility; this paragraph may not be construed to limit
an authority's enforcement of historic preservation in
conformance with the requirements adopted pursuant to
the Illinois State Agency Historic Resources
Preservation Act or the National Historic Preservation
Act of 1966, 54 U.S.C. Section 300101 et seq., and the
regulations adopted to implement those laws; and
(J) When a wireless provider replaces or adds a
new radio transceiver or antennas to an existing small
wireless facility, certification by the wireless
provider from a radio engineer that the continuing
operation of the small wireless facility complies with
all applicable FCC standards.
(7) Within 30 days after receiving an application, an
authority must determine whether the application is

complete and notify the applicant. If an application is
incomplete, an authority must specifically identify the
missing information. An application shall be deemed
complete if the authority fails to provide notification to
the applicant within 30 days after when all documents,
information, and fees specifically enumerated in the
authority's permit application form are submitted by the
applicant to the authority. Processing deadlines are
tolled from the time the authority sends the notice of
incompleteness to the time the applicant provides the
missing information.
(8) An authority shall process applications as
follows:
(A) an application to collocate a small wireless
facility on an existing utility pole or wireless
support structure shall be processed on a
nondiscriminatory basis and deemed approved if the
authority fails to approve or deny the application
within 90 days; however, if an applicant intends to
proceed with the permitted activity on a deemed
approved basis, the applicant must notify the
authority in writing of its intention to invoke the
deemed approved remedy no sooner than 75 days after
the submission of a completed application; the permit
shall be deemed approved on the latter of the 90th day
after submission of the complete application or the

10th day after the receipt of the deemed approved
notice by the authority; the receipt of the deemed
approved notice shall not preclude the authority's
denial of the permit request within the time limits as
provided under this Act; and
(B) an application to collocate a small wireless
facility that includes the installation of a new
utility pole shall be processed on a nondiscriminatory
basis and deemed approved if the authority fails to
approve or deny the application within 120 days;
however, if an applicant intends to proceed with the
permitted activity on a deemed approved basis, the
applicant must notify the authority in writing of its
intention to invoke the deemed approved remedy no
sooner than 105 days after the submission of a
completed application; the permit shall be deemed
approved on the latter of the 120th day after
submission of the complete application or the 10th day
after the receipt of the deemed approved notice by the
authority; the receipt of the deemed approved notice
shall not preclude the authority's denial of the
permit request within the time limits as provided
under this Act.
(9) An authority shall approve an application unless
the application does not meet the requirements of this
Act. If an authority determines that applicable codes,

local code provisions or regulations that concern public
safety, or the requirements of paragraph (6) require that
the utility pole or wireless support structure be replaced
before the requested collocation, approval may be
conditioned on the replacement of the utility pole or
wireless support structure at the cost of the provider.
The authority must document the basis for a denial,
including the specific code provisions or application
conditions on which the denial was based, and send the
documentation to the applicant on or before the day the
authority denies an application. The applicant may cure
the deficiencies identified by the authority and resubmit
the revised application once within 30 days after notice
of denial is sent to the applicant without paying an
additional application fee. The authority shall approve or
deny the revised application within 30 days after the
applicant resubmits the application or it is deemed
approved; however, the applicant must notify the authority
in writing of its intention to proceed with the permitted
activity on a deemed approved basis, which may be
submitted with the resubmitted application. Any subsequent
review shall be limited to the deficiencies cited in the
denial. However, this revised application cure does not
apply if the cure requires the review of a new location,
new or different structure to be collocated upon, new
antennas, or other wireless equipment associated with the

small wireless facility.
(10) The time period for applications may be further
tolled by:
(A) the express agreement in writing by both the
applicant and the authority; or
(B) a local, State, or federal disaster
declaration or similar emergency that causes the
delay.
(11) An applicant seeking to collocate small wireless
facilities within the jurisdiction of a single authority
shall be allowed, at the applicant's discretion, to file a
consolidated application and receive a single permit for
the collocation of up to 25 small wireless facilities if
the collocations each involve substantially the same type
of small wireless facility and substantially the same type
of structure. If an application includes multiple small
wireless facilities, the authority may remove small
wireless facility collocations from the application and
treat separately small wireless facility collocations for
which incomplete information has been provided or that do
not qualify for consolidated treatment or that are denied.
The authority may issue separate permits for each
collocation that is approved in a consolidated
application.
(12) Collocation for which a permit is granted shall
be completed within 180 days after issuance of the permit,

unless the authority and the wireless provider agree to
extend this period or a delay is caused by make-ready work
for an authority utility pole or by the lack of commercial
power or backhaul availability at the site, provided the
wireless provider has made a timely request within 60 days
after the issuance of the permit for commercial power or
backhaul services, and the additional time to complete
installation does not exceed 360 days after issuance of
the permit. Otherwise, the permit shall be void unless the
authority grants an extension in writing to the applicant.
(13) The duration of a permit shall be for a period of
not less than 5 years, and the permit shall be renewed for
equivalent durations unless the authority makes a finding
that the small wireless facilities or the new or modified
utility pole do not comply with the applicable codes or
local code provisions or regulations in paragraphs (6) and
(9). If this Act is repealed as provided in Section 90,
renewals of permits shall be subject to the applicable
authority code provisions or regulations in effect at the
time of renewal.
(14) An authority may not prohibit, either expressly
or de facto, the (i) filing, receiving, or processing
applications, or (ii) issuing of permits or other
approvals, if any, for the collocation of small wireless
facilities unless there has been a local, State, or
federal disaster declaration or similar emergency that

causes the delay.
(15) Applicants shall submit applications, supporting
information, and notices by personal delivery or as
otherwise required by the authority. An authority may
require that permits, supporting information, and notices
be submitted by personal delivery at the authority's
designated place of business, by regular mail postmarked
on the date due, or by any other commonly used means,
including electronic mail, as required by the authority.
(e) Application fees are subject to the following
requirements:
(1) An authority may charge an application fee of up
to $650 for an application to collocate a single small
wireless facility on an existing utility pole or wireless
support structure and up to $350 for each small wireless
facility addressed in an application to collocate more
than one small wireless facility on existing utility poles
or wireless support structures.
(2) An authority may charge an application fee of
$1,000 for each small wireless facility addressed in an
application that includes the installation of a new
utility for such collocation.
(3) Notwithstanding any contrary provision of State
law or local ordinance, applications pursuant to this
Section must be accompanied by the required application
fee.

(4) Within 2 months after the effective date of this
Act, an authority shall make available application fees
consistent with this subsection, through ordinance, or in
a written schedule of permit fees adopted by the
authority.
(f) An authority shall not require an application,
approval, or permit, or require any fees or other charges,
from a communications service provider authorized to occupy
the rights-of-way, for: (i) routine maintenance; (ii) the
replacement of wireless facilities with wireless facilities
that are substantially similar, the same size, or smaller if
the wireless provider notifies the authority at least 10 days
prior to the planned replacement and includes equipment
specifications for the replacement of equipment consistent
with the requirements of subparagraph (D) of paragraph (2) of
subsection (d) of this Section; or (iii) the installation,
placement, maintenance, operation, or replacement of micro
wireless facilities that are suspended on cables that are
strung between existing utility poles in compliance with
applicable safety codes. However, an authority may require a
permit to work within rights-of-way for activities that affect
traffic patterns or require lane closures.
(g) Nothing in this Act authorizes a person to collocate
small wireless facilities on: (1) property owned by a private
party or property owned or controlled by a unit of local
government that is not located within rights-of-way, subject

to subsection (j) of this Section, or a privately owned
utility pole or wireless support structure without the consent
of the property owner; (2) property owned, leased, or
controlled by a park district, forest preserve district, or
conservation district for public park, recreation, or
conservation purposes without the consent of the affected
district, excluding the placement of facilities on
rights-of-way located in an affected district that are under
the jurisdiction and control of a different unit of local
government as provided by the Illinois Highway Code; or (3)
property owned by a rail carrier registered under Section
18c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or
any other public commuter rail service, or an electric utility
as defined in Section 16-102 of the Public Utilities Act,
without the consent of the rail carrier, public commuter rail
service, or electric utility. The provisions of this Act do
not apply to an electric or gas public utility or such
utility's wireless facilities if the facilities are being
used, developed, and maintained consistent with the provisions
of subsection (i) of Section 16-108.5 of the Public Utilities
Act.
For the purposes of this subsection, "public utility" has
the meaning given to that term in Section 3-105 of the Public
Utilities Act. Nothing in this Act shall be construed to
relieve any person from any requirement (1) to obtain a
franchise or a State-issued authorization to offer cable

service or video service or (2) to obtain any required
permission to install, place, maintain, or operate
communications facilities, other than small wireless
facilities subject to this Act.
(h) Agreements between authorities and wireless providers
that relate to the collocation of small wireless facilities in
the right-of-way, including the collocation of small wireless
facilities on authority utility poles, that are in effect on
the effective date of this Act remain in effect for all small
wireless facilities collocated on the authority's utility
poles pursuant to applications submitted to the authority
before the effective date of this Act, subject to applicable
termination provisions. Such agreements entered into after the
effective date of the Act shall comply with the Act.
(i) An authority shall allow the collocation of small
wireless facilities on authority utility poles subject to the
following:
(1) An authority may not enter into an exclusive
arrangement with any person for the right to attach small
wireless facilities to authority utility poles.
(2) The rates and fees for collocations on authority
utility poles shall be nondiscriminatory regardless of the
services provided by the collocating person.
(3) An authority may charge an annual recurring rate
to collocate a small wireless facility on an authority
utility pole located in a right-of-way that equals (i)

$200 per year or (ii) the actual, direct, and reasonable
costs related to the wireless provider's use of space on
the authority utility pole. Rates for collocation on
authority utility poles located outside of a right-of-way
are not subject to these limitations. In any controversy
concerning the appropriateness of a cost-based rate for an
authority utility pole located within a right-of-way, the
authority shall have the burden of proving that the rate
does not exceed the actual, direct, and reasonable costs
for the applicant's proposed use of the authority utility
pole. Nothing in this paragraph (3) prohibits a wireless
provider and an authority from mutually agreeing to an
annual recurring rate of less than $200 to collocate a
small wireless facility on an authority utility pole.
(4) Authorities or other persons owning or controlling
authority utility poles within the right-of-way shall
offer rates, fees, and other terms that comply with
subparagraphs (A) through (E) of this paragraph (4).
Within 2 months after the effective date of this Act, an
authority or a person owning or controlling authority
utility poles shall make available, through ordinance or
an authority utility pole attachment agreement, license or
other agreement that makes available to wireless
providers, the rates, fees, and terms for the collocation
of small wireless facilities on authority utility poles
that comply with this Act and with subparagraphs (A)

through (E) of this paragraph (4). In the absence of such
an ordinance or agreement that complies with this Act, and
until such a compliant ordinance or agreement is adopted,
wireless providers may collocate small wireless facilities
and install utility poles under the requirements of this
Act.
(A) The rates, fees, and terms must be
nondiscriminatory, competitively neutral, and
commercially reasonable, and may address, among other
requirements, the requirements in subparagraphs (A)
through (I) of paragraph (6) of subsection (d) of this
Section; subsections (e), (i), and (k) of this
Section; Section 30; and Section 35, and must comply
with this Act.
(B) For authority utility poles that support
aerial facilities used to provide communications
services or electric service, wireless providers shall
comply with the process for make-ready work under 47
U.S.C. 224 and its implementing regulations, and the
authority shall follow a substantially similar process
for make-ready work except to the extent that the
timing requirements are otherwise addressed in this
Act. The good-faith estimate of the person owning or
controlling the authority utility pole for any
make-ready work necessary to enable the pole to
support the requested collocation shall include

authority utility pole replacement, if necessary.
(C) For authority utility poles that do not
support aerial facilities used to provide
communications services or electric service, the
authority shall provide a good-faith estimate for any
make-ready work necessary to enable the authority
utility pole to support the requested collocation,
including pole replacement, if necessary, within 90
days after receipt of a complete application.
Make-ready work, including any authority utility pole
replacement, shall be completed within 60 days of
written acceptance of the good-faith estimate by the
applicant at the wireless provider's sole cost and
expense. Alternatively, if the authority determines
that applicable codes or public safety regulations
require the authority utility pole to be replaced to
support the requested collocation, the authority may
require the wireless provider to replace the authority
utility pole at the wireless provider's sole cost and
expense.
(D) The authority shall not require more
make-ready work than required to meet applicable codes
or industry standards. Make-ready work may include
work needed to accommodate additional public safety
communications needs that are identified in a
documented and approved plan for the deployment of

public safety equipment as specified in paragraph (1)
of subsection (d) of this Section and included in an
existing or preliminary authority or public service
agency budget for attachment within one year of the
application. Fees for make-ready work, including any
authority utility pole replacement, shall not exceed
actual costs or the amount charged to communications
service providers for similar work and shall not
include any consultants' fees or expenses for
authority utility poles that do not support aerial
facilities used to provide communications services or
electric service. Make-ready work, including any pole
replacement, shall be completed within 60 days of
written acceptance of the good-faith estimate by the
wireless provider, at its sole cost and expense.
(E) A wireless provider that has an existing
agreement with the authority on the effective date of
the Act may accept the rates, fees, and terms that an
authority makes available under this Act for the
collocation of small wireless facilities or the
installation of new utility poles for the collocation
of small wireless facilities that are the subject of
an application submitted 2 or more years after the
effective date of the Act as provided in this
paragraph (4) by notifying the authority that it opts
to accept such rates, fees, and terms. The existing

agreement remains in effect, subject to applicable
termination provisions, for the small wireless
facilities the wireless provider has collocated on the
authority's utility poles pursuant to applications
submitted to the authority before the wireless
provider provides such notice and exercises its option
under this subparagraph.
(j) An authority shall authorize the collocation of small
wireless facilities on utility poles owned or controlled by
the authority that are not located within rights-of-way to the
same extent the authority currently permits access to utility
poles for other commercial projects or uses. The collocations
shall be subject to reasonable and nondiscriminatory rates,
fees, and terms as provided in an agreement between the
authority and the wireless provider.
(k) Nothing in this Section precludes an authority from
adopting reasonable rules with respect to the removal of
abandoned small wireless facilities. A small wireless facility
that is not operated for a continuous period of 12 months shall
be considered abandoned and the owner of the facility must
remove the small wireless facility within 90 days after
receipt of written notice from the authority notifying the
owner of the abandonment. The notice shall be sent by
certified or registered mail, return receipt requested, by the
authority to the owner at the last known address of the owner.
If the small wireless facility is not removed within 90 days of

such notice, the authority may remove or cause the removal of
the facility pursuant to the terms of its pole attachment
agreement for authority utility poles or through whatever
actions are provided for abatement of nuisances or by other
law for removal and cost recovery. An authority may require a
wireless provider to provide written notice to the authority
if it sells or transfers small wireless facilities subject to
this Act within the jurisdictional boundary of the authority.
Such notice shall include the name and contact information of
the new wireless provider.
(l) Nothing in this Section requires an authority to
install or maintain any specific utility pole or to continue
to install or maintain utility poles in any location if the
authority makes a non-discriminatory decision to eliminate
above-ground utility poles of a particular type generally,
such as electric utility poles, in all or a significant
portion of its geographic jurisdiction. For authority utility
poles with collocated small wireless facilities in place when
an authority makes a decision to eliminate above-ground
utility poles of a particular type generally, the authority
shall either (i) continue to maintain the authority utility
pole or install and maintain a reasonable alternative utility
pole or wireless support structure for the collocation of the
small wireless facility, or (ii) offer to sell the utility
pole to the wireless provider at a reasonable cost or allow the
wireless provider to install its own utility pole so it can

maintain service from that location.
(Source: P.A. 102-9, eff. 6-3-21.)
(50 ILCS 840/20) (was 50 ILCS 835/20)
Sec. 20. Local authority. Subject to this Act and
applicable federal law, an authority may continue to exercise
zoning, land use, planning, and permitting authority within
its territorial boundaries, including with respect to wireless
support structures and utility poles; except that no authority
shall have or exercise any jurisdiction or authority over the
design, engineering, construction, installation, or operation
of any small wireless facility located in an interior
structure or upon the site of any campus, stadium, or athletic
facility not otherwise owned or controlled by the authority,
other than to comply with applicable codes and local code
provisions concerning public safety. Nothing in this Act
authorizes the State or any political subdivision, including
an authority, to require wireless facility deployment or to
regulate wireless services.
(Source: P.A. 100-585, eff. 6-1-18.)
(50 ILCS 840/25) (was 50 ILCS 835/25)
Sec. 25. Dispute resolution. A circuit court has
jurisdiction to resolve all disputes arising under this Act.
Pending resolution of a dispute concerning rates for
collocation of small wireless facilities on authority utility

poles within the right-of-way, the authority shall allow the
collocating person to collocate on its poles at annual rates
of no more than $200 per year per authority utility pole, with
rates to be determined upon final resolution of the dispute.
(Source: P.A. 100-585, eff. 6-1-18.)
(50 ILCS 840/30) (was 50 ILCS 835/30)
Sec. 30. Indemnification. A wireless provider shall
indemnify and hold an authority harmless against any and all
liability or loss from personal injury or property damage
resulting from or arising out of, in whole or in part, the use
or occupancy of the authority improvements or right-of-way
associated with such improvements by the wireless provider or
its employees, agents, or contractors arising out of the
rights and privileges granted under this Act. A wireless
provider has no obligation to indemnify or hold harmless
against any liabilities and losses as may be due to or caused
by the sole negligence of the authority or its employees or
agents. A wireless provider shall further waive any claims
that they may have against an authority with respect to
consequential, incidental, or special damages, however caused,
based on the theory of liability.
(Source: P.A. 100-585, eff. 6-1-18.)
(50 ILCS 840/35) (was 50 ILCS 835/35)
Sec. 35. Insurance.

(a) Except for a wireless provider with an existing
franchise to occupy and operate in the rights-of-way, during
the period in which the wireless provider's facilities are
located on the authority improvements or rights-of-way, the
authority may require the wireless provider to carry, at the
wireless provider's own cost and expense, the following
insurance: (i) property insurance for its property's
replacement cost against all risks; (ii) workers' compensation
insurance, as required by law; or (iii) commercial general
liability insurance with respect to its activities on the
authority improvements or rights-of-way to afford minimum
protection limits consistent with its requirements of other
users of authority improvements or rights-of-way, including
coverage for bodily injury and property damage. An authority
may require a wireless provider to include the authority as an
additional insured on the commercial general liability policy
and provide certification and documentation of inclusion of
the authority in a commercial general liability policy as
reasonably required by the authority.
(b) A wireless provider may self-insure all or a portion
of the insurance coverage and limit requirements required by
an authority. A wireless provider that self-insures is not
required, to the extent of the self-insurance, to comply with
the requirement for the naming of additional insureds under
this Section. A wireless provider that elects to self-insure
shall provide to the authority evidence sufficient to

demonstrate its financial ability to self-insure the insurance
coverage and limits required by the authority.
(Source: P.A. 100-585, eff. 6-1-18.)
(50 ILCS 840/40) (was 50 ILCS 835/40)
Sec. 40. Home rule. A home rule unit may not regulate small
wireless facilities in a manner inconsistent with this Act.
This Section is a limitation under subsection (i) of Section 6
of Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
(Source: P.A. 100-585, eff. 6-1-18.)
(50 ILCS 840/45)
Sec. 45. Continuation of Act; validation.
(a) The General Assembly finds and declares that Public
Act 102-9 and this amendatory Act of the 102nd General
Assembly manifest this amendatory Act of the 102nd General
Assembly manifests the intention of the General Assembly to
extend the repeal of this Act and have this Act continue in
effect until December 31, 2024.
(b) This Act is Section shall be deemed to have been in
continuous effect since June 1, 2021 and it shall continue to
be in effect henceforward until it is otherwise lawfully
repealed. The changes made to this Act by Public Act 102-9 All
previously enacted amendments to this Act taking effect on or

after June 1, 2021, are hereby validated. All actions taken in
reliance on or under this Act by any person or entity are
hereby validated.
(c) Public Act 102-9 was intended to reenact this Act, but
it did not set forth this Act in full. To ensure the continuing
effectiveness of this Act, this Act is set forth in full and
reenacted by this amendatory Act of the 102nd General
Assembly. In order to ensure the continuing effectiveness of
this Act, it is set forth in full and reenacted by this
amendatory Act of the 102nd General Assembly. Striking and
underscoring are used only to show changes being made to the
base text. This reenactment is intended as a continuation of
this Act. This reenactment is not intended to supersede any
amendment to this Act that may be made by any other Public Act
of the 102nd General Assembly. This reenactment is intended as
a continuation of this Act. It is not intended to supersede any
amendment to this Act that is enacted by the 102nd General
Assembly.
(Source: P.A. 102-9, eff. 6-3-21.)
(50 ILCS 840/90) (was 50 ILCS 835/90)
Sec. 90. Repeal. This Act is repealed on December 31,
2024.
(Source: P.A. 102-9, eff. 6-3-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.