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 "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. (2) 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 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 "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. (2) 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. (3) Amends the definition of "wireless support structure" to include structures that are capable of supporting (in addition to those designed to support) wireless facilities. (4) Defines a "communications service provider" as a person or an entity that offers communications service to customers in Indiana, without regard to the technology or medium used to provide the service. (5) Defines a "micro wireless facility" as a small cell facility that does not exceed certain specified dimensions. (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) 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 supporting structure does not exceed certain specified height limitations. (8) Provides that for an application for the construction, placement, or use of a small cell facility and the associated supporting structure, a permit authority shall follow the application procedures that apply to collocation permit applications under the statute. (9) 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. (10) 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. ... View more