Engrossed Senate Bill (H)

DIGEST

Support structures for wireless facilities. Makes the following changes to the statute concerning the local permitting of wireless support structures: (1) Amends the definition of "permit authority" to specify that with respect to decisions concerning wireless facilities or wireless support structures in an area designated as: (A) a historic preservation district, the term means the historic preservation commission that has jurisdiction over the historic preservation district; or (B) a historic preservation area in a county having a consolidated city, the term means the historic preservation commission that has jurisdiction over the historic preservation area. (2) Amends the definition of "small Support structures for wireless facilities. Makes the following changes to the statute concerning the local permitting of wireless support structures: (1) Amends the definition of "permit authority" to specify that with respect to decisions concerning wireless facilities or wireless support structures in an area designated as: (A) a historic preservation district, the term means the historic preservation commission that has jurisdiction over the historic preservation district; or (B) a historic preservation area in a county having a consolidated city, the term means the historic preservation commission that has jurisdiction over the historic preservation area. (2) Amends the definition of "small cell facility" to: (A) increase the maximum specified antenna volume from three cubic feet to six cubic feet per antenna; (B) eliminate the maximum specified total volume for all antennas; and (C) increase the maximum specified primary equipment enclosure volume from 17 cubic feet to 28 cubic feet. (3) Amends the definition of "utility pole" to: (A) mean a structure that is designed or used for certain specified purposes (versus existing Indiana Code language defining the term to mean a structure that is designed and used for those specified purposes); and (B) include structures designed or used to provide traffic control or signage. (4) Amends the definition of "wireless support structure" to include structures that are capable of supporting (in addition to those designed to support) wireless facilities. (5) Defines the following terms: (A) "Communications service provider". (B) "Micro wireless facility". (C) "Wireless communications service". (6) Prohibits a permit authority from requiring an application or a permit for, or charging fees for: (A) the routine maintenance of wireless facilities; (B) the replacement of wireless facilities with others that are: (i) substantially similar to; or (ii) the same size or smaller than; those being replaced; or (C) the installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on messenger cables strung between existing utility poles in compliance with applicable codes. (7) Sets forth certain requirements and restrictions with respect to an application for a permit or approval for the construction, placement, or use of small cell facilities. (8) Exempts from these requirements and restrictions an application concerning the construction, placement, or use of small cell facilities in or within 500 feet of the boundaries of: (A) a historic preservation district; or (B) a historic preservation area. (9) Provides that the placement of a small cell facility and an associated supporting structure in the public right-of-way is considered a permitted use and is exempt from local zoning review if the height of supporting structure does not exceed 50 feet. (10) Sets forth limits for application fees for a permit for the construction, placement, or use of small cell facilities. (11) Allows a permit authority to propose, as an alternative location for a proposed small cell facility, that the small cell facility be collocated on an existing utility pole or wireless support structure if the existing utility pole or wireless support structure is located within 50 feet of the location proposed in the application. (12) Provides that for an application for the construction, placement, or use of a small cell facility and the associated supporting structure, a permit authority has 60 days to approve or deny the application but shall otherwise follow the application procedures that apply to collocation permit applications under the statute. (13) Prohibits a permit authority from taking certain specified actions with respect to the construction, placement, or use of small cell facilities and the associated supporting structures. (14) Specifies that a permit authority is not prohibited from applying a reasonable and generally applicable safety regulation to the construction, placement, or use of small cell facilities and associated supporting structures in the public right-of-way. (15) With respect to the construction, placement, or use of small cell facilities on a utility pole owned or controlled by a governmental unit, sets forth certain requirements with which the unit must comply and certain actions that the unit is prohibited from taking, including a prohibition against the unit or a utility owned by the unit imposing a rental or other recurring fee for small cell facilities that are strung or located between utility poles if one or more of the utility poles has an associated attachment for which a rental rate is charged. (16) Provides that a unit may impose additional general terms and conditions for the construction, placement, or use of small cell facilities on utility poles owned or controlled by the unit if the additional general terms and conditions are reasonable and consistent with the bill's requirements. ... View more