Bill Text: IL HB5019 | 2015-2016 | 99th General Assembly | Introduced

---

Bill Title: Creates the Small Wireless Facilities Deployment Act. Provides that an authority, defined as a city, village, incorporated town, township, or county and each department or agency thereof, may not prohibit or regulate the collocation of small wireless facilities or small facility networks. Provides that small wireless facilities and small facility networks shall be a permitted use in all authority zoning districts. In provisions concerning building, electrical, and public use permits, provides that an authority may: require a person to obtain permits for the collocation of small wireless facilities and small facility networks to the same extent permits are required for other construction, activity, and uses; not require applicants to provide information not required of other applicants; not require an application fee greater than the amount charged to other telecommunications providers. Sets out fee exemptions and fee limits related to collocating small wireless facilities and small facility networks.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-03-01 - Added Chief Co-Sponsor Rep. Patrick J. Verschoore [HB5019 Detail]

Download: Illinois-2015-HB5019-Introduced.html

---

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB5019 Introduced , by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED:
New Act
Creates the Small Wireless Facilities Deployment Act. Provides that an authority, defined as a city, village, incorporated town, township, or county and each department or agency thereof, may not prohibit or regulate the collocation of small wireless facilities or small facility networks. Provides that small wireless facilities and small facility networks shall be a permitted use in all authority zoning districts. In provisions concerning building, electrical, and public use permits, provides that an authority may: require a person to obtain permits for the collocation of small wireless facilities and small facility networks to the same extent permits are required for other construction, activity, and uses; not require applicants to provide information not required of other applicants; not require an application fee greater than the amount charged to other telecommunications providers. Sets out fee exemptions and fee limits related to collocating small wireless facilities and small facility networks.
LRB099 19188 EGJ 43580 b
A BILL FOR
HB5019 LRB099 19188 EGJ 43580 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Small
Wireless Facilities Deployment Act.
Section 5. Legislative intent. Small wireless facilities
will be critical to delivering wireless access to advanced
technology and information to homes, businesses, and schools in
Illinois. To ensure that small wireless facilities may be
deployed efficiently and cost-effectively, the General
Assembly is enacting this Act, which specifies how local
authorities may regulate the collocation of small wireless
facilities and small facility networks.
Section 10. Definitions. As used in this Act:
"Antenna" means communications equipment that transmits or
receives electromagnetic radio signals used in the provision of
any type of wireless communications services.
"Authority" means a city, village, incorporated town,
township, or county and each department or agency thereof.
"Collocation" or "collocate" means the mounting,
installation, maintenance, operation, or modification of
wireless facilities on an existing tower, building, utility

HB5019 - 2 - LRB099 19188 EGJ 43580 b
pole, water tower, or other structure.
"Small facility network" means a collection of
interrelated small wireless facilities designed to deliver
wireless service.
"Small wireless facilities" means wireless facilities that
meet 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 associated with the structure is
cumulatively no more than 28 cubic feet in volume. The
following associated equipment is not included in the
calculation of equipment volume: electric meter, concealment,
telecommunications demarcation box, ground-based enclosures,
back-up power systems, grounding equipment, power transfer
switch, cut-off switch, and vertical cable runs for the
connection of power and other services.
"Wireless facilities" means equipment at a fixed location
that enables wireless communications between user equipment
and a communications network, including: (i) equipment
associated with wireless communications services such as
private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such
as microwave backhaul; and (ii) radio transceivers, antennas,
coaxial or fiber-optic cable, regular and backup power

HB5019 - 3 - LRB099 19188 EGJ 43580 b
supplies, and comparable equipment, regardless of
technological configuration.
Section 15. Regulation of small wireless facilities and
small facility networks.
(a) Except as provided in this Section, an authority may
not prohibit or regulate the collocation of small wireless
facilities or small facility networks.
(b) Small wireless facilities and small facility networks
shall be a permitted use in all authority zoning districts.
(c) An authority may require a person to obtain building,
electrical, and public way use permits for the collocation of
small wireless facilities and small facility networks to the
same extent those permits are required for other construction,
activity, and uses. Applicants seeking collocations may not be
required to provide information not required of other
applicants. Any application fee shall not exceed the amount
charged to other telecommunications providers. An authority
shall permit an applicant to request and receive a single
building, electrical, or public way use permit for a small
wireless facilities network. An authority may not charge a
person for collocating small wireless facilities and small
facility networks on structures along, across, upon, or under a
public street, road, highway, or right of way.
An authority shall process permits authorized under this
subsection (c) on a nondiscriminatory basis. An application

HB5019 - 4 - LRB099 19188 EGJ 43580 b
shall be deemed approved if the authority fails to approve or
disapprove the application within 30 days. This period may be
tolled to accommodate timely requests for information required
to complete the application or may be extended by mutual
agreement between the authority and the applicant.
(d) An authority may not charge to collocate small wireless
facilities and small facility networks on structures owned or
controlled by the authority if the authority does not charge
other commercial entities to occupy or use similarly situated
property. If an authority charges to collocate small wireless
facilities and small facility networks on structures owned or
controlled by the authority, it may not charge more than the
lesser of: (1) the amount it charges other commercial entities
for the same amount of space; (2) the projected cost to the
authority resulting from the collocation; or (3) $1,000
annually.
Section 20. Home rule. A home rule municipality may not
prohibit or regulate small wireless facilities and small
facility networks in a manner inconsistent with this Act. This
Act is a denial and limitation of municipal home rule powers
and functions under subsection (i) of Section 6 of Article VII
of the Illinois Constitution.