SMALL CELL UPDATES
Quick Snapshot
(last updated 1/27/2021)
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30 states have passed small cell legislation that seek to limit local control.
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5 states have failed to timely progress or session adjourned sine die.
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3 states have introduced small cell collocation bills that have been either vetoed by the Governor, pulled by a legislator, or died in committee.
WHAT IS SMALL CELL?
According to the Federal Communications Commission (FCC), small cells are low-powered wireless base stations that function like cells in a mobile wireless network, typically covering targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, hospitals, and metropolitan outdoor spaces. The use of small cells are ideal in these types of areas because of the challenges that come with bringing coverage to metro areas.
As new infrastructure fills the skyline and the lack of open space in municipalities leaves less room for traditional cell towers, attaching small cell wireless facilities to street poles on city streets and in the right-of-way (ROW) has become the new wave of bringing more accessible broadband to constituents.
AND WHY DOES IT MATTER?
As of now, 30 states have passed bills that focus on doing the following:
1. streamlining processing times for applications and permits;
2. capping collocation, application, and ROW fees;
3. limiting city/municipality's design aesthetics jurisdictions;
4. limiting city/municipality's control over denying applications for reasons outside of the bill's requirements.
This type of legislation is not going away. If anything, it is picking up steam and traction in legislative sessions throughout the U.S., and it does not just affect cities and municipalities, but also everyday people. With these new laws, a small wireless facility can be located within hundreds of feet of homes. Historic districts can be tainted with unsightly and bulky technology without the city's approval. Without more local control, network providers can also tack these facilities on an unlimited number of poles throughout the right-of-way causing an eyesore for the city's layout and its design aesthetics. The list of issues continue.
Our stance on the ongoing small cell legislation is a unique one compared to other telecom companies. Our client base is solely government entities. We track legislation and provide accessible insights, so others can be informed on the issue at hand. This expansion of new technology should be welcomed, but it should not give wireless providers the right to overrule cities and municipalities' local control.
FCC ORDERS
FCC 2018 Sweeping Orders
On top of the state level legislation being introduced and passed, in August and September 2018, the FCC issued the Moratoria, One-Touch Make-Ready (OTMR), and Small Cells Orders.
The Moratoria Order was issued to prohibit "de facto" moratoria within local governments' ordinances that could slow down the application process for telecom carriers.
The OTMR Order was issued to expedite access to utility poles by introducing new rules that further restrict fees and shot clocks when dealing with make-ready work.
The Small Cell Order was issued to restrict states' and municipalities' control over small cell collocation in their ROWs. It effectively caps what they can charge for application and access to ROW fees, limits aesthetic requirements that can be enforced on telecom carriers, and further shortens the previously established FCC shot clocks for approving permit applications.
Experts have estimated these new orders will force cities to collectively forfeit $2,000,000,000 worth of fees. The National League of Cities, the National Association of Counties, and over 100 local governments from 22 states expressed opposition to the orders.
Quick Takeaways:
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Annual Collocation & ROW Fees: $270 per small cell per year for all recurring fees
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Permit Fees: $500 for a single up-front application that includes up to 5 small wireless facilities with an additional $100 for each small cell beyond 5.
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Application Processing Shot Clocks: 30 days to determine whether the application is complete; 60 days to approve application for collocation of small wireless facilities
The City of Portland v. FCC Lawsuit & Ninth Circuit Ruling
In response to the 2018 FCC orders, several major cities joined together with the city of Portland to file a lawsuit against the FCC and the U.S. government in strong opposition of the orders.
However, in August 2020, the U.S. Court of Appeals for the Ninth Circuit sided with big telecom effectively silencing cities' concerns over a major loss of local control.
Next Century Cities, a pro-city broadband advocate, put together a thorough decision summary specifically for local governments.
STATE LEGISLATION
Skip directly a state: Alabama | Alaska | Arizona | Arkansas | California | Colorado |
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Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia |
Washington | West Virginia | Wisconsin | Wyoming
3/12/2020 - SB 172 - Passed Senate with vote of 30 - 0 and pending House 3rd reading (2020 session is now closed - new session begins 2/2/21)
Quick Takeaways:
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Annual Collocation & ROW Fees: If an authority elects to charge for access to the ROW or collocation on poles owned or controlled by the authority in the ROW for small wireless facilities, the rates shall not exceed $100 per small wireless facility per year for access to and use of the ROW and $170 per year per small wireless facility collocated, mounted, or installed on or adjacent to poles owned or controlled by an authority.
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Permit Application Fees: $500 non-recurring fee for a single up-front application for collocation that includes up to 5 small wireless facilities, with an additional $100 for each small wireless facility beyond 5 in a consolidated application
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Application Processing Shot Clocks: Within 10 days of receiving an application, an authority shall determine and notify the applicant in writing whether the application is complete. Applications not requiring a written notice of incompleteness shall be approved or denied within the following: 60 days of receipt of an application involving collocation of a small wireless facility using an existing structure; and 90 days of receipt of an application involving deployment of a small wireless facility using a new or replacement pole.
Alabama
Alaska
No legislation to report.
Arizona
3/31/2017 - HB 2365 was signed by Governor Ducey.
Quick Takeaways:
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Annual Collocation Fees:
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(For Authority-Owned) - $50 per authority utility pole per year
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(For County-Owned) - $100 per collocation or installation
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ROW Fees: (For Authority-Owned) - Exceed an annual amount equal to $50 multiplied by the number of small wireless facilities that are in the Authority's geographic jurisdiction and that are placed by the wireless provider in the ROW.
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Permit Application Fees:
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(For Authority-Owned) - The total application fee, if allowed, may not exceed $100 each for up to 5 small wireless facilities addressed in an application and $50 for each additional small wireless facility addressed in the application.
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(For County-Owned) - The County may issue separate permits for each collocation that is approved in a consolidated application. Application fees, if required, shall be capped at $100 for each small wireless facility for up to 5 small wireless facilities addressed in a single application and $65 for each additional small wireless facility.
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Application Processing Shot Clocks:
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(For Authority-Owned) - Within 20 days after receiving an application, the Authority shall determine and notify the applicant whether the application is complete. A complete application is deemed approved if the authority fails to approve or deny the application within 75 days after receiving a complete application.
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(For County-Owned) - A county shall adopt an application process and time frames for the collocation of small wireless facilities inside of the ROW that comply with Section 11-1605. The application process and time frames shall be adopted within the time period beginning on the effective date of this section and ending after the time allowed under the county's procedures adopted pursuant to Section 11-1605 for the adoption of an ordinance, or 90 days after receiving the first request by a wireless provider, whichever is later.
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Arkansas
4/17/2019 - SB 602 was signed by Governor Hutchinson.
Quick Takeaways:
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Annual Collocation Fees: $30 per small cell
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ROW Fees: N/A
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Permit Application Fees: $100 for each small cell and $250 for the installation, modification, or replacement of a pole together with the collocation of an associated small wireless facility in the ROW
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Application Processing Shot Clocks: 10 days of receipt to determine if application is complete; 60 days of receipt to approve or deny or it will be approved by default for the collocation of a small cell; 90 days of receipt for an application to install, modify, or replace a pole on which a small wireless facility is or will be collocated
Connecticut
7/9/2019 - HB 7152 was signed by Governor Lamont.
Quick Takeaways:
This bill doesn't establish fee structures or clocks, but it does the following:
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Establishes a Council on 5G Technology that will review wireless carriers' applications to place small cells in the ROW
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Requires the state Office of Policy and Management to collaborate with other state agencies to create licensing agreements and fee structures for placing small cells on state owned property.
Colorado
4/18/2017 - HB 1193 was signed by Governor Hickenlooper.
Quick Takeaways:
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Annual Collocation Fees: N/A
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ROW Fees: N/A
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Permit Application Fees: N/A
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Application Processing Shot Clocks: 90 days to process a complete application for collocation of a small cell
California
10/15/2017 - SB 649 - Vetoed by Governor Brown - no new legislation has been introduced since 2017
Quick Takeaways:
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Annual Collocation Fees: An annual charge not to exceed $250 for each small cell attached to city or county vertical infrastructure
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ROW Fees: N/A
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Permit Application Fees: N/A
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Application Processing Shot Clocks: N/A
Delaware
8/31/2017 - HB 189 was signed by Governor Carney.
Quick Takeaways:
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Annual Collocation & ROW Fees: The Department may not charge a wireless provider an application fee or fee or rate for the use of the ROW with respect to the construction, installation, mounting, maintenance, modification, operation, or replacement of a wireless facility or small wireless support structure in the ROW, including collocation in such ROW.
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Permit Application Fees: Fees shall not exceed $100 for each small cell facility on a permit application. If there are additional nonrecurring expenses associated with inspections for new installations or construction, wireless providers shall pay the actual, reasonable cost borne by the Department attributable to each provider’s inspections where it exceeds the permit fee collected.
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Application Processing Shot Clocks: Within 14 days of receiving an application, the Department will determine and notify the applicant whether the application is complete. An application shall be deemed approved if the Department fails to approve or deny it within 60 days.
Florida
6/23/2017 - HB 687 was signed by Governor Scott.
Quick Takeaways:
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Annual Collocation Fees: The rate to collocate small wireless facilities on an authority utility pole may not exceed $150 per pole annually.
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ROW Fees: N/A
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Permit Application Fees: Permit fees are allowed but not specified.
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Application Processing Shot Clocks: Within 14 days after receiving an application, an authority must determine and notify the applicant by electronic mail as to whether the application is complete. A complete application is deemed approved if an authority fails to approve or deny the application within 60 days after receipt of the application.
Georgia
4/26/2019 - SB 66 was signed by Governor Kemp.
Quick Takeaways:
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Annual Collocation Fees: An annual attachment rate for collocations on authority poles not to exceed $40 per year per small wireless facility
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ROW Fees: An annual ROW occupancy rate assessed by the authority for nonexclusive occupancy of the ROW by the applicant not to exceed: $100 per year for each small wireless facility collocated on any existing or replacement pole, including an existing or replacement authority pole.
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Permit Application Fees: A fee for each application for the collocation of each small wireless facility on an existing pole assessed by the authority not to exceed $100 per small wireless facility.
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Application Processing Shot Clocks: Within 20 days after receiving an application, an authority must determine and notify the applicant as to whether the application is complete. A complete application is deemed approved if an authority fails to approve or deny the application within 60 days after receipt of the application.
Hawaii
6/21/2018 - HB 2651 was signed by Governor Ige.
Quick Takeaways:
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Annual Collocation & ROW Fees: N/A
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Permit Application Fees: N/A
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Application Processing Shot Clocks: Within 30 days of receiving an application, the State or county shall notify the applicant in writing whether the application is complete. An application shall be processed and deemed approved if the State or county fails to approve or deny the application within 90 days of receipt of the application.
Illinois
4/12/2018 - SB 1451 was signed by Governor Rauner.
Quick Takeaways:
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Annual Collocation Fees: $200 per year or the actual, direct, and reasonable costs related to the wireless provider's use of space on the authority utility pole.
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Permit Application Fees: An authority may charge an application fee of up to $650 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.
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Application Processing Shot Clocks: Within 30 days after receiving an application, an authority must determine whether the application is complete and notify the applicant. An application is deemed approved if the authority fails to approve or deny the application within 90 days.
Indiana
5/2/2017 - SB 213 was signed by Governor Holcomb.
Quick Takeaways:
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Annual Collocation Fees: $50 per utility pole
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ROW Fees: N/A
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Permit Application Fees: $100 per small cell included in application
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Application Processing Shot Clocks: Application should be approved or denied within 60 days.
Iowa
5/9/2017 - SB 431 was signed by Governor Branstad.
Quick Takeaways:
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Annual Collocation Fees: N/A
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ROW Fees: N/A
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Permit Application Fees: The total amount of fees for processing or issuing a permit, including any fees charged by third parties, shall not exceed $500 for an application addressing no more than 5 small wireless facilities, and an additional $50 for each small wireless facility addressed in an application in excess of 5 small wireless facilities.
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Application Processing Shot Clocks: An authority shall approve or deny a permit application within 90 days following the submission of a completed application.
Idaho
No legislation to report.
Kansas
5/1/2019 - Senate Substitute for HB 2131 was signed by Governor Kelly.
Quick Takeaways:
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Annual Collocation & ROW Fees: The authority will not be allowed to charge a fee to locate a wireless facility or support structure on any public right-of-way controlled by the authority, if the authority does not charge other providers for the same use. If the authority does charge other providers, then the fee charged to locate a wireless facility will be required to be competitively neutral and not unreasonable or discriminatory.
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Permit Application Fees: $500 for a collocation application, that is not a substantial modification, small cell facility application or distributed antenna system application
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Application Processing Shot Clocks: The authority shall render a decision no later than 60 days after the submission of an application regarding small cell facilities that satisfies the authority’s requirements in a single administrative proceeding.
Illinois
4/12/2018 - SB 1451 was signed by Governor Rauner.
Quick Takeaways:
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Annual Collocation & ROW Fees: $200 per year or the actual, direct, and reasonable costs related to the wireless provider's use of space on the authority utility pole.
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Permit Application Fees: An authority may charge an application fee of up to $650 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.
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Application Processing Shot Clocks: Within 30 days after receiving an application, an authority must determine whether the application is complete and notify the applicant. An application is deemed approved if the authority fails to approve or deny the application within 90 days.
Kentucky
No legislation to report.
Louisiana
3/9/2020 - HB 666 - Read by title, under the rules, referred to the Committee on Municipal, Parochial and Cultural Affairs. (2020 session is now closed - new session begins 4/12/21)
Quick Takeaways:
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Annual Collocation & ROW Fees: $275 per small wireless facility per year for all recurring fees, including any possible right of way access fee or fee for attachment to parish or municipally owned structures in the right of way.
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Permit Application Fees: Not more that $500 for non-recurring fees, including a single up-front application that includes up to 5 small wireless facilities. An additional $100 for each additional small wireless facility beyond 5, or $1000 for non-recurring fees for a new pole, not a collocation, intended to support one or more small wireless facilities.
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Application Processing Shot Clocks: A parish or municipality shall have 60 days for review of an application for collocation of small wireless facilities using a preexisting structure. A parish or municipality shall have 90 days for review of an application for attachment of small wireless facilities using a new structure.
Maine
6/6/2019 - LD 1517 was signed by Governor Mills.
Quick Takeaways:
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This bill facilities the deployment of small cells in the state of Maine but makes no mention of annual collocation fees, permit application fees, or application processing shot clocks.
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Notwithstanding any zoning or land use ordinance to the contrary, a small wireless facility must be a permitted use within the public right-of-way, subject to permitting requirements and duly adopted, nondiscriminatory conditions otherwise applicable to permitted uses within the municipality and consistent with state and federal law, including, without limitation, any permitting requirements in Title 35-A, chapter 25.
Maryland
No legislation to report.
Massachusetts
No legislation to report.
Michigan
12/12/2018 - SB 637 was signed by Governor Snyder.
Quick Takeaways:
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Annual Collocation Fees:
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(For Authority Poles) - The rate shall not exceed $30.00 per year per authority pole.
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(For Non-Authority Poles) - The rate for a wireless provider to colocate on a non-authority pole in the ROW shall not exceed $50 annually per non-authority pole. Every 5 years after the effective date of this act, the maximum rate is increased by 10% and rounded to the nearest dollar.
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ROW Fees: An authority shall not charge a wireless provider a rate for each utility pole or wireless support structure in the ROW in the authority’s geographic jurisdiction on which the wireless provider has colocated a small cell wireless facility that exceeds the following:
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(a) $20 annually, unless subdivision (b) applies.
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(b) $125 annually, if the utility pole or wireless support structure was erected by or on behalf of the wireless provider on or after the effective date of this act. This subdivision does not apply to the replacement of a utility pole that was not designed to support small cell wireless facilities. Every 5 years after the effective date of this act, the maximum rates are increased by 10% and rounded to the nearest dollar.
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Permit Application Fees:
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(For Authority Poles) - An application fee for a permit shall not exceed the lesser of the following: (a) $200 for each small cell wireless facility alone. (b) $300 for each small cell wireless facility and a new utility pole to which it will be attached. Every 5 years after the effective date of this act, the maximum fees then authorized under this subsection are increased by 10% and rounded to the nearest dollar.
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(For Municipally Owned Electric Utility) - The governing body of a municipally owned electric utility may charge a fee not to exceed $100.00 per nonauthority pole for processing the request. The governing body of a municipally owned electric utility may charge an additional fee not to exceed $100.00 per nonauthority pole for processing the request, if a modification or maintenance of the collocation requires an engineering analysis. Every 5 years after the effective date of this act, the maximum fees then authorized under this subsection are increased by 10% and rounded to the nearest dollar.
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Application Processing Shot Clocks: Within 25 days after receiving an application, an authority shall notify the applicant in writing whether the application is complete. Shot clocks for deeming an application approved or denied is based on a sliding scale with several variables included. Within 60 days of receipt, an authority shall approve or deny the application with the following adjustments:
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Add 15 days if an application from another wireless provider was received within 1 week of the application in question.
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Add 15 days if, before the otherwise applicable 60-day or 75-day time period under this subparagraph elapses, the authority notifies the applicant in writing that an extension is needed and the reasons for the extension.
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Minnesota
1/25/2021 - SB 339 - Referred to Energy and Utilities Finance and Policy
Quick Takeaways:
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An applicant may file a consolidated permit application to collocate up to 15 small wireless facilities, or a greater number if agreed to by a local government unit, provided that all the small wireless facilities in the application:
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(1) are located within a two-mile radius;
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(2) consist of substantially similar equipment; and
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(3) are to be placed on similar types of wireless support structures.
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A local unit of government may require a person to pay a small wireless facility permit fee, obtain a small wireless facility permit, or enter into a small wireless facility collocation agreement in order to:
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(1) replace a small wireless facility with a new facility that is the same or smaller in size, weight, height, and wind or structural loading than the small wireless facility being replaced; or
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(2) install, place, maintain, operate, or replace micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes.
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A local government unit may limit the placement of small wireless facilities, by minimum separation distances between small wireless facilities or maximum height limitations. Each wireless support structure installed in the right-of-way after May 31, 2017, shall not exceed 50 feet above ground level, subject to local zoning regulations, and may be subject to separation requirements in relation to other wireless support structures.
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5/30/2017 - SB 1456 was signed by Governor Dayton.
Quick Takeaways:
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Annual Collocation Fees: A local government unit may elect to charge each small wireless facility attached to a wireless support structure owned by the local government unit a fee, in addition to other fees or charges allowed under this subdivision, consisting of:
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up to $150 per year for rent to occupy space on a wireless support structure;
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up to $25 per year for maintenance associated with the space occupied on a wireless support structure; and
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a monthly fee for electricity used to operate a small wireless facility, if not purchased directly from a utility, at the rate of:
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(i) $73 per radio node less than or equal to 100 max watts;
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(ii) $182 per radio node over 100 max watts; or
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(iii) the actual costs of electricity, if the actual costs exceed the amount in item (i) or (ii).
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ROW Fees: N/A
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Permit Application Fees: No set application fees.
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Application Processing Shot Clocks: A local government unit has 90 days after the date a small wireless facility permit application is filed to issue or deny the permit, or the permit is automatically issued. To toll the 90-day clock, the local government unit must provide a written notice of incompleteness to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information.
Mississippi
2/5/2019 - SB 2003 - Died in committee - no new legislation has been introduced since 2019
Quick Takeaways:
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Annual Collocation Fees: The rate to collocate a small wireless facility on an authority pole is $50 per year, per authority pole.
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ROW Fees: An authority may charge a wireless provider a rate for the right to use or occupy a ROW with the rate not more than the greater of: 3.5% of all gross revenue related to the wireless provider's use of the ROW for small wireless facilities; or $250 annually for each small wireless facility.
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Permit Application Fees: $100 for each small wireless facility on the same application
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Application Processing Shot Clocks: Within 30 days after the day on which an authority receives an application for the collocation of a small wireless facility or for a new, modified or replacement utility pole, the authority shall determine whether the application is complete. Within 60 days after the day on which the authority receives the complete application, it must be approved or denied.
Missouri
6/1/2018 - HB 1991 was signed by Governor Greitens.
Quick Takeaways:
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Annual Collocation Fees: The rate for collocation of a small wireless facility to an authority pole shall not exceed $150 per authority pole per year.
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ROW Fees: N/A
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Permit Application Fees: The total fee for an application for collocation of small wireless facilities on existing authority poles shall not exceed $100 per small wireless facility. An applicant filing a consolidated application under shall pay $100 per small wireless facility included in the consolidated application. The total application fees for the installation, modification, or replacement of a utility pole and the collocation of an associated small wireless facility shall not exceed $500 per pole.
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Application Processing Shot Clocks: Within 15 days of receiving an application, an authority shall determine whether it is complete. An application shall be deemed approved if the authority fails to approve or deny the application within 45 days, except that the state highways and transportation commission shall have 60 days to approve or deny an application.
Montana
No legislation to report.
Nebraska
5/17/2019 - LB 184 was signed by Governor Ricketts.
Quick Takeaways:
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Annual Collocation Fees: The rate for collocation of a small wireless facility on an authority pole in the right-of-way shall be no more than$20 per authority pole per year.
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ROW Fees: An authority that charges occupation taxes under section 86-704 shall not charge a wireless services provider any additional amount for the use of a ROW. An authority may charge a wireless provider that does not pay the authority's occupation tax under section 86-704 either a rate of $250 for each small wireless facility each year, or a fee equal to the occupation tax charged by the authority.
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Permit Application Fees: The application fees for collocation of small wireless facilities on an existing or replacement authority pole shall not exceed $500 for up to 5 small wireless facilities on the same application and $100 for each additional small wireless facility on the same application. The application fees for the installation, modification, or replacement of a utility pole and the collocation of an associated small wireless facility shall not exceed $250 per pole.
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Application Processing Shot Clocks: Within 20 days after receiving an application, an authority shall determine and notify the applicant in writing whether the application is complete. An application shall be processed on a nondiscriminatory basis and deemed approved if the authority fails to approve or deny the application within 90 days after receipt of the application.
Nevada
No legislation to report.
New Hampshire
No legislation to report.
New Jersey
7/2/2020 - SB 860 - Withdrawn from consideration.
Quick Takeaways:
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Annual Collocation Fees: An authority may charge an annual recurring rate to collocate a small wireless facility on an authority utility pole located in a ROW that equals:
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(a) $200 per year; or
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(b) 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 ROW are not subject to the limitations of this paragraph.
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ROW Fees: N/A
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Permit Application Fees: 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.
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Application Processing Shot Clocks: Within 45 days after receiving an application, an authority shall determine whether the application is complete. With 90 days after receiving an application, an authority shall determine whether the application is approved or denied.
New Mexico
2/28/2018 - HB 38 was signed by Governor Martinez.
Quick Takeaways:
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Annual Collocation Fees: The rate to collocate a small wireless facility on an authority utility pole shall not exceed $20 per utility pole per year.
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ROW Fees: $250 annually multiplied by the number of small wireless facilities placed by the wireless provider in the ROW and in the authority's jurisdiction. An authority may adjust the rate it charges for the use of a ROW, but no more often than once a year and by no more than an amount equal to one-half the annual change, if any, in the most recent consumer price index for all urban consumers for New Mexico, as published by the United States Department of Labor.
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Permit Application Fees: An authority may charge an applicant an application fee in the amount of $100 or less for each of up to 5 small wireless facilities and $50 or less for each additional small wireless facility whose collocation is requested in a single application.
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Application Processing Shot Clocks: Within 30 days after receiving an application, determine and notify the applicant of whether the application is complete. Within 90 days after receiving a completed application, approve or deny it and deem the application approved.
New York
In 2018, Governor Cuomo included a small cell clause in his annual budget plan after a bill with similar language failed to pass committees the year before. The clause would cap the annual collocation rate at $200. Municipalities across New York voiced their opposition to the clause, which led Cuomo to remove the clause from the budget plan.
Such legislation has yet to be reintroduced.
North Carolina
7/21/2017 - HB 310 was signed by Governor Cooper.
Quick Takeaways:
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Annual Collocation Fees: $50 per city utility pole per year
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ROW Fees: N/A
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Permit Application Fees: A city may charge an application fee that shall not exceed the lesser of
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(i) the actual, direct, and reasonable costs to process and review applications for collocated small wireless facilities;
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(ii) the amount charged by the city for permitting of any similar activity; or
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(iii) $100 per facility for the first 5 small wireless facilities addressed in an application, plus $50 for each additional small wireless facility addressed in the application.
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A city may impose a technical consulting fee for each application, not to exceed $500, to offset the cost of reviewing and processing applications required by this section. The fee must be based on the actual, direct, and reasonable administrative costs incurred for the review, processing, and approval of an application. A city may engage an outside consultant for technical consultation and the review of an application.
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Application Processing Shot Clocks: A permit application shall be deemed complete unless the city provides notice otherwise in writing to the applicant within 30 days of submission or within some other mutually agreed upon time frame. The permit application shall be deemed approved if the city fails to approve or deny the application within 45 days from the time the application is deemed complete or a mutually agreed upon time frame between the city and the applicant.
North Dakota
No legislation to report.
Ohio
Note: SB 331 was passed in 2017 before facing litigation from dozens of cities. The courts sided with the municipalities, which led to the bipartisan passage of SB 478. It was signed by Governor Kasich on 5/2/2018.
Quick Takeaways:
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Annual Collocation Fees: The total annual charges to reimburse the municipal corporation for the attachment shall not exceed $200 per small cell facility Beginning on the effective date of this section, a municipal corporation may adjust this charge 10% every 5 years, rounded to the nearest $5. During each five-year period, the adjustment may be applied incrementally or as a single adjustment.
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Permit Application Fees: Any fee charged by a municipal corporation for granting or processing an application for consent shall not exceed a one-time fee of $250 per small cell facility. Beginning on the effective date of this section, a municipal corporation may adjust this fee 10% every 5 years, rounded to the nearest $5.
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Application Processing Shot Clocks: A municipal corporation, not later than 90 days after the date of filing by an entity of a completed request for consent, shall grant or deny its consent to collocate small cell facilities on a wireless support structure.
Oklahoma
4/26/2018 - SB 1388 was signed by Governor Fallin.
Quick Takeaways:
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Annual Collocation Fees: The rates to collocate on authority poles in theROW shall not exceed $20.00 per authority pole per year.
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ROW Fees: The rate for occupancy of the ROW shall not exceed $20 per year per small wireless facility.
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Permit Application Fees: The application and permit fees for collocation of small wireless facilities on an existing or replacement authority pole shall not exceed $200 each for the first 5 small wireless facilities on the same application and $100 for each additional small wireless facility on the same application.
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Application Processing Shot Clocks: Within 20 days of receiving an application, an authority must determine and notify the applicant in writing whether the application is complete. An application shall be deemed approved if the authority fails to approve or deny the application within 75 days of receipt.
Oregon
No legislation to report.
Pennsylvania
6/11/2019 - HB 1400 - Referred to Consumer Affairs Committee (failed to progress past 1st committee) - no new legislation has been introduced since 2019
Quick Takeaways:
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Annual Collocation Fees: The rates to collocate on municipal poles shall not exceed $170 per small wireless facility per year.
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ROW Fees: An annual ROW fee shall not exceed $100 per small wireless facility.
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Permit Application Fees: A municipality may charge a one-time application fee of up to $500 for an application seeking approval for no more than 5 small wireless facilities and up to $100 for each additional small wireless facility.
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Application Processing Shot Clocks: Within 10 business days of receiving an application, a municipality must determine and notify the applicant in writing whether the application is incomplete. An application shall be deemed approved if the municipality fails to approve or deny the application within 60 days of receipt.
Rhode Island
9/27/2017 - HB 5224 was signed by Governor Raimondo.
Quick Takeaways:
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Annual Collocation Fees: An authority shall not charge on an annual recurring basis more for such a collocation than $150 or the rate produced by applying the formula adopted by the FCC for telecommunications attachments under 47 U.S.C. §224(e).
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ROW Fees: N/A
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Permit Application Fees: An authority may charge a fee to process an application to collocate a small wireless facility. The fee shall be no greater than the reasonable, direct and actual costs incurred by the authority to process the application, excluding any fees for review of an application charged by third parties on a contingency basis or a result-based arrangement, and further excluding any costs already recovered by existing fees, rates or taxes paid by a wireless provider. The application processing fee shall be no greater than the application processing fee, if any, charged by the authority to persons seeking to place a pole in the public way.
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Application Processing Shot Clocks: An application shall be deemed complete or incomplete within 14 days of submission. An application shall be deemed approved if the authority fails to approve or deny the application within 60 days of submission.
South Carolina
9/29/2020 - HB 4262 was signed by Governor McMaster.
Quick Takeaways:
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Annual Collocation Fees: An authority may charge a rate for collocation of a small wireless facility on an authority pole, not to exceed $50 per authority pole per year.
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ROW Fees: An authority may charge a wireless provider for the occupancy and use of the ROW, so long as such rate is reasonable, nondiscriminatory, and does not exceed: $100 per year for each small wireless facility collocated on any existing or replacement pole, including an existing or replacement authority pole; or $200 per year for each small wireless facility collocated on a new pole, other than a replacement pole, which $200 rate shall cover the new pole and the small wireless facility collocated on it.
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Permit Application Fees:
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(Without Consultant) - for applications to collocate small wireless facilities on existing poles, $100 each for the first 5 small wireless facilities in the same application and $50 for each additional small wireless facility in the same application
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(With Consultant) - $75 each for the first 5 small wireless facilities in the same application and $35 for each additional small wireless facility in the same application during the first year immediately following the effective date of this section; $60 dollars each for the first 5 small wireless facilities in the same application and $30 for each additional small wireless facility in the same application during the second year immediately following the effective date of this section; $50 each for the first 5 small wireless facilities in the same application and $25 for each additional small wireless facility in the same application during the third year immediately following the effective date of this section; and $40 each for the first 5 small wireless facilities in the same application and $20 for each additional small wireless facility in the same application during the fourth year immediately following the effective date of this section;
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Application Processing Shot Clocks: Within 10 days of receiving an application, an authority must determine and notify the applicant in writing whether the application is complete. The authority shall make its final decision to approve or deny the application within 60 days of receipt of a complete application for collocation of small wireless facilities.
South Dakota
No legislation to report.
Tennessee
5/4/2018 - HB 2279 was signed by Governor Haslam.
Quick Takeaways:
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Annual Collocation Fees: The maximum annual rate for colocation of a small wireless facility on a local authority-owned PSS is $100.
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ROW Fees: N/A
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Permit Application Fees: The maximum application fee is $100 each for the first 5 small wireless facilities and $50 for each additional small wireless facility. A local authority may also require an additional fee of $200 on the first application an applicant files following the effective date of this act to offset the local authority's initial costs of preparing to comply with this part. Beginning on January 1, 2020, and at each five-year interval thereafter, the maximum application fees established in this section must increase in an amount of 10%.
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lf an applicant submits applications to the same local authority seeking permission to deploy or colocate more than 120 small wireless facilities within any 60 day period, then the local authority may issue notice to the applicant that the authority requires the applicant to select from the following two (2) options for high-volume applicants:
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(i) Pay a surcharge to maintain the same review time period that would be otherwise applicable. The surcharge is in addition to the ordinary application fee provided. The surcharge is $100 for each small wireless facility that the applicant elects to have reviewed using the otherwise applicable review period;
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(ii) lf no identifying list is provided or if payment of a surcharge is not made within the applicable time period, or, for those small wireless facilities not timely identified and for which no surcharge is timely paid, the ordinarily applicable review period shall be extended to 120 days.
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The department of transportation may charge an applicant an application fee of $100 for each application to deploy small wireless facilities in a state ROW up to a maximum of 5 small wireless facilities. The department may charge an additional fee in the amount of $50 for each additional small wireless facility included in a single application. Beginning on January 1, 2020, and at each five-year interval thereafter, the application fees shall increase by the amount of 10%.
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Application Processing Shot Clocks: A local authority shall, within 30 days of receiving an application, determine whether an application is complete. A local authority shall approve or deny all small wireless facilities within an application within 60 days of receipt of the application.
Texas
6/9/2017 - SB 1004 was signed by Governor Abbott.
Quick Takeaways:
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Annual Collocation Fees: A municipality, subject to an agreement with the municipality that does not conflict with this chapter, shall allow collocation of network nodes on service poles at a rate not greater than $20 per year per service pole.
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ROW Fees: A public ROW rate for use of the public ROW may not exceed an annual amount equal to $250 multiplied by the number of network nodes installed in the public right-of-way in the municipality’s corporate boundaries.
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Permit Application Fees: The amount of an application fee charged by a municipality may not exceed the lesser of: $500 per application covering up to 5 network nodes, $250 for each additional network node per application, and $1,000 per application for each pole.
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Application Processing Shot Clocks: Not later than the 30th day after the date the municipality receives an application for a permit for a network node or node support pole, the municipality shall determine whether the application is complete. A municipality must approve or deny an application for a network node not later than the 60th day after the date the municipality receives the complete application.
Utah
3/19/2018 - SB 189 was signed by Governor Herbert.
Quick Takeaways:
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Annual Collocation Fees: The rate to collocate a small wireless facility on an authority pole is $50 per year, per authority pole.
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ROW Fees: An authority may charge a wireless provider a rate for the right to use or occupy a right-of-way, the rate is not more than the greater of:
(A) 3.5% of all gross revenue related to the wireless provider's use of the right-
of-way for small wireless facilities; or
(B) $250 annually for each small wireless facility.
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Permit Application Fees: An application fee for the collocation of a small wireless facility on an existing or replacement utility pole may not exceed $100 for each small wireless facility on the same application.
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Application Processing Shot Clocks: Within 30 days after the day on which an authority receives an application for the collocation of a small wireless facility, the authority shall determine whether the application is complete. Within 60 days after the day on which the authority receives the complete application, the authority shall approve or deny.
Vermont
No legislation to report.
Virginia
5/4/2018 - SB 1282 was signed by Governor Northam.
Quick Takeaways:
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Annual Collocation Fees: Not specified.
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ROW Fees: Localities shall not impose any fee for the use of the rights-of-way, except for zoning, subdivision, site plan, and comprehensive plan fees of general application, on a wireless services provider or wireless infrastructure provider to attach or co-locate small cell facilities on an existing structure in the right-of-way.
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Permit Application Fees: A locality may prescribe and charge a reasonable fee for processing the application not to exceed: $100 each of up to 5 small cell facilities on a permit application and $50 for each additional small cell facility on a permit application. The Department shall not impose any fee for the use of the ROW on a wireless services provider or wireless infrastructure provider to attach or co-locate small cell facilities on an existing structure in the ROW. However, the Department may prescribe and charge a reasonable fee not to exceed $750 for processing an application for a districtwide permit or $150 for processing an application for a single use permit.
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Application Processing Shot Clocks: A locality shall approve or disapprove the application within 60 days of receipt of the complete application. Within 10 days after receipt of an application, the locality shall notify the applicant whether the application is incomplete; otherwise, the application shall be deemed complete.
Washington
2/19/2018 - HB 2592 - Referred to Rules 2 Consideration (died in committee) - no new legislation has been introduced since 2018
Quick Takeaways:
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Annual Collocation & ROW Fees: N/A
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Permit Application Fees: N/A
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Application Processing Shot Clocks: N/A
West Virginia
3/27/2019 - SB 3 was signed by Governor Justice.
Quick Takeaways:
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Annual Collocation Fees: An authority may charge an annual recurring rate to collocate small wireless facilities on an authority utility pole that equals $65 per pole. An authority may adjust this rate 10% percent every 5 years, rounded to the nearest $5.
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ROW Fees: The rate for occupancy and use of the ROW may not initially exceed $25 per year per small wireless facility. An authority may adjust this rate up to 10 percent every five years.
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Permit Application Fees: An authority may charge an application fee for collocation of small wireless facilities on an existing utility pole not to exceed $200 each for the first 5 small wireless facilities in the same application and $100 for each additional small wireless facility in the same application. An authority may adjust this fee 10% every 5 years, rounded to the nearest $5.
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Application Processing Shot Clocks: Within 10 days of receiving an application, an authority must determine and notify the applicant in writing whether the application is complete. An application shall be deemed approved if the authority fails to approve or deny the application within 60 days of receipt of the application for a collocation of a small wireless facility.
Wisconsin
7/10/2019 - SB 239 was signed by Governor Evers.
Quick Takeaways:
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Annual Collocation Fees: Subject to a number of conditions and adjustments based on FCC actions, limits the rate an owner of a governmental pole, other than a UPDS, charges another person to collocate on the pole to an amount that is sufficient to recover the owner's actual, direct, and reasonable costs, subject to a maximum of $250 per small wireless facility per year.
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ROW Fee: The fee or rate may not exceed an annual amount equal to $20 multiplied by the number of small wireless facilities in the ROW in the state's or political subdivision's geographic jurisdiction.
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Permit Application Fees: For an application that includes 5 or fewer small wireless facilities, $500. For an application that includes more than 5 small wireless facilities, $500 plus $100 for each small wireless facility in excess of 5.
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Application Processing Shot Clocks: The state or a political subdivision shall notify an applicant in writing, within 10 days of receiving an application, whether it is complete. If a permit application proposes to collocate small wireless facilities on an existing structure and the state or a political subdivision fails to approve or deny the permit application under this section not later than 60 days after its receipt, the applicant may consider its permit application approved.
Wyoming
No legislation to report.