Introduced Senate Bill (S)

Authored by

DIGEST

Wireless communications support structures. Provides that, for purposes of the statute concerning the local permitting of support structures for wireless communications services, with respect to the construction, placement, or use of a small cell facility and the associated supporting structure, a permit authority may prohibit the placement of a new utility pole or new wireless support structure in a right-of-way within an area that is designated strictly for underground or buried utilities, if the designation is made before April 15, 2017, and if certain other conditions are met. (Current law provides that the designation concerning underground or buried utilities must Wireless communications support structures. Provides that, for purposes of the statute concerning the local permitting of support structures for wireless communications services, with respect to the construction, placement, or use of a small cell facility and the associated supporting structure, a permit authority may prohibit the placement of a new utility pole or new wireless support structure in a right-of-way within an area that is designated strictly for underground or buried utilities, if the designation is made before April 15, 2017, and if certain other conditions are met. (Current law provides that the designation concerning underground or buried utilities must be made before May 1, 2017.) Provides that with respect to the construction, placement, or use of a small cell facility and the associated supporting structure in a right-of-way within an area that is: (1) zoned exclusively for residential land use; and (2) designated strictly for underground or buried utilities after April 14, 2017, and before May 1, 2017; a permit authority may not prohibit the placement of a new utility pole or new wireless support structure in a right-of-way within the area. Provides that if a permit authority receives an application for the placement of a new utility pole or a new wireless support structure in a right-of-way within such an area, a group of residents residing within the area and satisfying the statutory standing requirements for filing a complaint with the utility regulatory commission (IURC) may, not later than 30 days after the permit authority's receipt of the application, submit objections to the IURC for an informal determination of whether the placement is in the public interest. Requires the IURC to make its determination not later than 45 days after receipt of the submission. Provides that if the IURC does not make a determination within the prescribed 45 day period, the placement is considered to be in the public interest. Provides that the time for the permit authority to approve or deny the application is tolled until the IURC makes its determination or for 45 days, whichever occurs earlier. Provides that if a permit authority maintains an Internet web site, the permit authority shall post on its Internet web site notice of any applications the permit authority receives after March 27, 2018, for the construction, placement, or use of a small cell facility on one or more new utility poles or new wireless support structures. Provides that a regulation that: (1) is adopted by a permit authority after April 14, 2017, and before May 1, 2017; and (2) designates an area within the jurisdiction of the permit authority as strictly for underground or buried utilities; is void. ... View more