Provides for uniform regulation of small wireless facility deployment in this State.

S3608

SENATE, No. 3608

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Senator� JAMES BEACH

District 6 (Burlington and Camden)

SYNOPSIS

���� Provides for uniform regulation of small wireless
facility deployment in this State.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning deployment of small wireless
facilities and supplementing Title 40 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� The Legislature finds
and declares that:

���� a.���� The deployment of small
wireless facilities and other next-generation wireless and broadband network
facilities is a matter of federal and statewide concern and interest;

���� b.��� Wireless and broadband
products and services are a significant and continually growing part of the
State�s economy and encouraging the development of strong and robust wireless
and broadband communications networks throughout the State is integral to the
State�s economic competitiveness;

���� c.���� Rapid deployment of
small wireless facilities will serve important Statewide goals, such as:
meeting the growing consumer demand for wireless data; increasing competitive
options for communications services available to the State�s residents;
promoting the ability of the State�s residents to communicate with their
neighbors and with their State and local governments; and promoting public
safety;

���� d.��� Small wireless
facilities, including facilities commonly referred to as small cells and
distributed antenna systems, are most cost-effective for a wireless service
provider when deployed� in rights-of-way;

���� e.���� To meet the key
objectives of federal law and P.L. , c. (C. ) (pending
before the Legislature as this bill), wireless providers must be granted access
to rights-of-way and have the ability to attach to infrastructure in rights-of-way

on a competitively neutral basis
to
densify wireless networks and to provide next-generation wireless services;

���� f.���� Rates and fees for the
permitting and deployment of small wireless facilities in rights-of-way and on
authority infrastructure, including utility poles, throughout the State,
consistent with federal law, is reasonable and will encourage the development
of robust next-generation wireless and broadband networks for the benefit of
residents throughout the State;

���� g.��� Authorities actively
manage rights-of-way, acting as trustees of this limited public asset, to
protect residents� safety, preserve the character of communities, and maintain
availability for current and future uses; and

���� h.��� The procedures, rates,
and fees established in P.L. , c. (C. ) (pending
before the Legislature as this bill) should be consistent with federal law and
are fair, reasonable, and further the State�s interest in facilitating and
supporting a robust, reliable, and technologically-advanced wireless and
broadband network and reflect a balancing of the interests of the wireless
providers deploying new small wireless facilities and the interests of
authorities in managing and recovering the cost of managing the

rights-of-way.

���� 2.��� As used in P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill):

���� "Antenna" means an
apparatus designed for the purpose of emitting radio frequency, to be operated
or operating from a fixed location pursuant to Federal Communications
Commission authorization, for the provision of personal wireless service and
any commingled information services.

���� �Antenna equipment� means
equipment, switches, wiring, cabling, power sources, shelters, or cabinets
associated with an antenna, located at the same fixed location as the antenna,
and, when collocated on a structure, is mounted or installed at the same time
as the antenna.

����� �Antenna facility� means an
antenna and associated antenna equipment.
�Antenna
facility� includes small wireless facilities. �Antenna facility� shall not
include:

����� a.�
the structure or improvements on, under, or within which the equipment is
located;

����� b.�
wireline backhaul facilities; or

����� c.�
coaxial or fiber optic cables that are not immediately adjacent to or directly
associated with a particular antenna.

���� �Applicable codes� means
uniform building, fire, electrical, plumbing, or mechanical codes adopted by
the Commissioner of the Department of Community Affairs pursuant to P.L.1975,
c.217 (C.52:27D-119 et seq.), or authority amendments to those codes that are
of general application and are consistent with P.L. , c. (C. ) (pending
before the Legislature as this bill).

���� "Applicant" means
any person who submits an application and is a wireless provider.

���� "Application" means
a request submitted by an applicant to an authority for a permit to: collocate
a small wireless facility; install, modify, or replace a pole on which a small
wireless facility will be collocated, mounted, or installed; mount or install a
small wireless facility on a new or replacement pole; or install associated
antenna equipment adjacent to a structure on which a small wireless facility is
or will be collocated, mounted, or installed.

���� "Authority" means the
State and any unit of local government, and any board, commission, committee,
authority, agency, office, officer, or employee thereof, which has jurisdiction
and control over the use of a right-of-way for the placement of a wireless
facility within the right-of-way or has zoning or land use control for the
placement of a wireless facility not within a right-of-way. �Authority� shall
not mean a State court having jurisdiction over an authority.

���� "Authority pole"
means a pole or utility pole owned or operated by an authority in a
right-of-way.

���� "Collocate" or
"collocation" means: mounting or installing an antenna facility on a
pre-existing structure; or modifying a structure for the purpose of mounting or
installing an antenna facility on that structure.

���� �Communications facility�
means the equipment and network components that provide communications
services, including wires, cables, and associated facilities used by: a cable
operator, as defined in 47 U.S.C. s.522; a telecommunications carrier, as defined
in 47 U.S.C. s.153; a provider of an information service, as defined in 47
U.S.C. s.153; or a wireless service provider, as defined pursuant to this
section.

���� "Communications
service" means: cable service, as defined pursuant to 47 U.S.C. s.522, as
amended; information service, as defined pursuant to 47 U.S.C. s.153, as
amended; telecommunications service, as defined in 47 U.S.C. s.153, as amended;
mobile service, as defined pursuant to 47 U.S.C. s.153, as amended; or wireless
service other than mobile service.

���� "Communications service
provider" means: a cable operator, as defined pursuant to 47 U.S.C. s.522,
as amended; a provider of information service, as defined pursuant to 47 U.S.C.
s.153, as amended; a telecommunications carrier, as defined pursuant to 47
U.S.C. s.153, as amended; or a wireless service provider as defined pursuant to
this section.

���� �Decorative pole� means an
authority pole, or a pole that is subsidized by an authority, that is specially
designed and placed for aesthetic purposes.

���� �Facility� means an antenna
facility or a structure that is used for the provision of personal wireless
service, whether the personal wireless service is provided on a stand-alone
basis or comingled with other wireless communications services.

���� "FCC" means the
Federal Communications Commission of the United States.

���� "Fee" means a
one-time, nonrecurring charge.

���� "Historic district"
or "historic landmark" means a building, property, or site, or group
of buildings, properties, or sites that are either:

���� a.���� listed on the National
Register of Historic Places or formally determined eligible for listing by the
keeper of the National Register of Historic Places, the individual who has been
delegated the authority by the federal agency to list properties and determine
their eligibility for the National Register of Historic Places, pursuant to 47
C.F.R. Part 1, Appendix C; or

���� b.��� listed on the New Jersey
Register of Historic Places or identified in an authority�s master plan adopted
pursuant to the �Municipal Land Use Law,� P.L.1975, c.291 (C.40:55D-1 et seq.).

���� "Law" means a
federal or State statute, common law, code, rule, regulation, order, or local
ordinance, or resolution.

���� �Make-ready work� means the
process of ensuring that an authority pole is in suitable condition to receive
a small wireless facility and associated antenna equipment.

���� "Micro wireless
facility" means an antenna facility that is not larger in dimension than
24 inches in length, 15 inches in width, and 12 inches in height, and that has
an exterior antenna, if any, no longer than 11 inches.

���� "Permit" means an
authorization required by an authority to perform an action or initiate,
continue, or complete a project for the deployment of antenna facilities at a
specified location in a right-of-way.

���� "Person" means an
individual, corporation, limited liability company, partnership, association,
trust, or other entity or organization, including an authority.

���� �Personal wireless service�
means �commercial mobile service,� �unlicensed wireless services,� and �common
carrier wireless exchange access services,� as those terms are defined pursuant
to 47 U.S.C. s.332, �commercial mobile data service,� as defined pursuant to 47
U.S.C. s.1401
, and information service
provided through wireless fidelity or similar technologies utilizing unlicensed
spectrum
.

���� �Pole� means a pole in the
right-of-way that is or may be used in whole or in part by or for wireline
communications, electric distribution, lighting, traffic control, signage, or a
similar function, or for the collocation of small wireless facilities. �Pole�
shall not mean a: tower, either guyed or self-supporting, built for the sole or
primary purpose of supporting wireless equipment other than a small wireless
facility; building; billboard; or electric transmission structure.

���� �Public utility� shall have
the same meaning as provided in R.S.48:2-13.

���� "Rate" means a
recurring charge.

���� "Right-of-way" means
the area on, below, or above a public roadway, highway, street, public
sidewalk, alley, or utility easement dedicated for compatible use, but shall
not include a federal interstate highway.

���� "Small wireless
facility" means a facility that meets each of the following conditions:
the facility is mounted on a structure 50 feet or less in height, including the
antenna or is mounted on a structure no more than 10 percent taller than other
adjacent structures or does not extend existing structures on which they are
located to a height of more than 50 feet or by more than 10 percent, whichever
is greater; each antenna associated with the deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume; all other
wireless equipment associated with the structure, including wireless equipment
associated with the antenna and any pre-existing associated antenna equipment
on the structure, is no more than 28 cubic feet in volume; the facility does
not require antenna structure registration under 47 C.F.R. Part 17; the
facility is not located on tribal lands, as defined pursuant to 36 C.F.R.
s.800.16; and the facility does not result in human exposure to radio frequency
in excess of the applicable safety standards specified pursuant to 47 C.F.R.
s.1.1307.�

���� �Structure� means a pole,
tower, base station, as defined pursuant to 47 C.F.R. s.1.6100, or other
building, whether or not it has an existing antenna facility, which is used or
is to be used for the provision of personal wireless service.

���� �Technically feasible� means
that, by virtue of engineering or spectrum usage, the proposed placement for a
small wireless facility, or its design, concealment measures, or site location
can be implemented without a material reduction in the functionality of the
small wireless facility.

���� �Tower� shall have the same
meaning as defined pursuant to 47 C.F.R. s.1.6100.

���� "Wireless infrastructure
provider" means any person, including a person authorized to provide
telecommunications service in the State, that builds or installs facilities for
the provision of wireless service, but that is not a wireless service provider.

���� "Wireless provider"
means a wireless infrastructure provider or a wireless service provider.

���� "Wireless service"
means any services provided to the general public and made available on a
non-discriminatory basis using licensed or unlicensed spectrum, whether at a
fixed location or mobile, provided using an antenna facility.

���� "Wireless service
provider" means a person who provides wireless services.

���� "Wireline backhaul
facility� means
a physical transmission path,
all or part of which is within the right-of-way, used for the transport of
communications services or other electronic communications by wire from an
antenna facility to a communications network
.

���� 3.��� a.�� An authority may
not enter into an exclusive arrangement with any person or entity for the use
of the right-of-way for:

���� (1)�� the collocation of a
small wireless facility;

���� (2)�� the mounting or
installation of a small wireless facility on new or replacement poles;

���� (3)�� the installation of
associated antenna equipment adjacent to a structure on which a small wireless
facility is or will be collocated, mounted, or installed; or

���� (4)�� the installation,
operation, marketing, modification, maintenance, or replacement of associated
poles.�

���� b.��� Subject to the
provisions of this section, a wireless provider shall have the right, as a
permitted use not subject to zoning review or approval, and without the need
for authority consent, to:

���� (1)�� collocate small wireless
facilities;

���� (2)�� mount or install small
wireless facilities on new or replacement poles;

���� (3)�� install associated
antenna equipment adjacent to a structure on which a small wireless facility is
or will be collocated, mounted, or installed; or

���� (4)�� install, modify, or
replace its own poles, or, with the permission of the owner, a third party�s
poles, associated with a small wireless facility, along, across, upon, and
under the right-of-way.

���� Small wireless facilities,
antenna equipment, and poles collocated or installed pursuant to this section
shall be installed and maintained as not to obstruct or hinder the usual travel
or public safety in a right-of-way or obstruct the legal use of a right-of-way
by a public utility.
Construction and
maintenance by wireless providers shall comply with the National Electrical
Safety Code, published by the Institute of Electrical and Electronics
Engineers, and all applicable laws and regulations for the protection of
underground and overhead public utility facilities.

���� 4.��� a.� A new, replaced, or
modified pole installed in a right-of-way after the effective date of P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill) for the
purpose of collocating, mounting, or installing a small wireless facility shall
not exceed 50 feet in height above ground level or 10 percent taller than the
tallest existing pole in place as of the effective date of
P.L. , c. (C. ) (pending
before the Legislature as this bill) in the same right-of-way within 500 feet
of the new, replaced, or modified pole, whichever is greater.

���� b.���� A new small wireless
facility installed in a right-of-way after the effective date of P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill) may not extend
more than 10 percent above the existing structure on which they are located or
50 feet above ground level, whichever is greater.

���� c.���� A wireless provider
shall have the right to collocate, mount, or install a small wireless facility
and install, maintain, modify, and replace a pole that exceeds the height
limits pursuant to subsections a. and b. of this section along, across, upon,
and under the right-of-way, subject to section 3 of P.L.��� , c.�����
(C.������� ) (pending before the Legislature as this bill) and applicable
zoning regulations.

���� d.��� A wireless provider
shall not apply to install a new pole unless it has determined after diligent
investigation that it cannot meet its service objectives by collocating on an
existing pole or other structure on which:

���� (1)�� the wireless provider
has the right to collocate subject to reasonable terms and conditions,
including the right to pole mount antenna equipment; and

���� (2)�� that collocation would
not impose technical limitations or significant additional costs. The wireless
provider shall certify that it has made such a determination in good faith,
based on the assessment of a licensed engineer, and shall provide a written summary
of the basis for that determination.

���� e.���� For applications for
new poles in the right-of-way in areas zoned for residential use, the authority
may propose an alternate location in the right-of-way within 100 feet of the
location set forth in the application, and the wireless provider shall use the
authority's proposed alternate location unless the location imposes technical
limits or significant additional costs. The wireless provider shall certify
that it has made the determination in good faith, based on the assessment of a
licensed engineer, and it shall provide a written summary of the basis for that
determination.

���� 5.��� a.�� An authority may
adopt aesthetics requirements governing the deployment of small wireless
facilities and associated antenna equipment and poles in a right-of-way, which
may include pre-approved designs for new poles in specified areas, subject to
the following:

���� (1)�� the aesthetic
requirements shall be reasonable, in that they are technically feasible and
reasonably directed at avoiding or remedying unsightly or out-of-character
deployments, are no more burdensome than those applied to functionally
equivalent infrastructure deployments, and are published in advance;

���� (2)�� any design or
concealment measures are not considered a part of the small wireless facility
for purposes of the size parameters in the definition of small wireless
facility; and

���� (3)�� an authority may deny an
application for not complying with an aesthetic requirement only if the
authority finds that the denial does not prohibit or have the effect of
prohibiting the provision of wireless service.

���� b.��� Aesthetic requirements
applicable to deployment of small wireless facilities on decorative poles and
in historic districts shall, in addition to the requirements of subsection a.
of this section, comply with the following:

���� (1)�� a wireless provider
shall be permitted to collocate small wireless facilities on, or modify or
replace, decorative poles when necessary to deploy a small wireless facility,
provided that an authority may require the collocation or decorative pole
replacement to reasonably conform to the design aesthetics of the original
decorative pole or poles; and

���� (2)�� an authority may adopt
aesthetic requirements applicable in historic districts that comply with this
section.

���� 6.��� a.� A wireless provider
shall comply with undergrounding requirements that are consistent with
subsection a. of section 5 of P.L.��� , c.����� (C.��� ) (pending before the
Legislature as this bill) when:

���� (1)�� the authority has
required all electric and telecommunications lines to be placed underground by
a date certain that is three months prior to the submission of the application;

���� (2)�� a pole the authority
allows to remain shall be made available to wireless providers for the
collocation of small wireless facilities, and a pole may be modified or
replaced by a wireless provider to accommodate the collocation, mounting, or
installation of small wireless facilities, in compliance with P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill); and

���� (3)�� subject to the
application process established pursuant to section 11 of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill), a wireless provider
may install a new pole in the designated area that otherwise complies with
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill) when
the wireless provider is not able to provide wireless service by collocating on
a remaining structure.

���� b.��� For small wireless
facilities installed before an authority adopts requirements that electric and
telecommunications lines be placed underground, an authority adopting these
requirements shall permit:

���� (1)�� a wireless provider to
maintain the small wireless facilities in place on any pole not required to be
removed, subject to any applicable pole attachment agreement with the pole
owner; or

���� (2)�� a wireless provider to
replace an existing pole within 50 feet of the prior location.

���� 7.��� A wireless provider shall
repair all damage to a right-of-way caused by the activities of the wireless
provider and return the right-of-way to its functional and aesthetic equivalence
before the damage, pursuant to the competitively neutral, reasonable
requirements and specifications of the authority. If the wireless provider
fails to make the repairs required by the authority within a reasonable time
after written notice, the authority may make those repairs and charge the
applicable party the reasonable, documented cost of the repairs.

���� 8.��� A wireless provider
shall not be required to replace or upgrade an existing pole except for reasons
of structural necessity or compliance with applicable codes. A wireless
provider may, with the permission of the pole owner, replace or modify the
existing pole, but any replacement or modification shall be consistent with the
design aesthetics of the pole being modified or replaced.

���� 9.��� A wireless provider
shall
notify the authority at least 30 days
before the abandonment of a small wireless facility. Following receipt of the
notice, the authority shall direct the wireless provider to remove all or any
portion of the small wireless facility and associated antenna equipment that
the authority determines would be in the best interest of the public. If the
wireless provider fails to remove the abandoned small wireless facility within
90 days after the notice, the authority may undertake to remove the small wireless
facility and recover the actual and reasonable expenses of the removal from the
wireless provider, its successors, or assigns.�

���� 10.��� Except as provided in
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill), an
authority may not prohibit, regulate, or charge for the collocation, mounting,
or installation of a small wireless facility on a new, modified, or replacement
pole, or the installation, modification, or replacement of an associated pole
or antenna equipment that may be permitted in P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill).

����� 11.��� a.
�An authority may require an applicant to obtain a permit for:

����� (1)� the
collocation of a small wireless facility not subject to the provisions of
P.L.2011, c.199 (C.40:55D-46.2);

����� (2)� the
mounting or installation of a small wireless facility on a new, modified, or
replacement pole; or

����� (3)� the
installation, modification, or replacement of a pole or antenna equipment as
provided in section 3 of P.L.��� , c.����� (C.��� ) (pending before the
Legislature as this bill).

����� Each
permit issued pursuant to this section shall be of general applicability and
shall not apply exclusively to a small wireless facility. Only one application
shall be required for all activities associated with a permit issued pursuant
to this section.

����� b.�� An
authority shall receive and process applications subject to the following
requirements:

����� (1)� small
wireless facilities shall be classified as permitted uses and not subject to
zoning review or approval if they are located in the right-of-way in any zone;

����� (2)� an
authority may not directly or indirectly require an applicant to perform
services or provide goods unrelated to the permit, such as in-kind
contributions to the authority including, but not limited to, reserving fiber,
conduit, or pole space for the authority;

����� (3)� an
applicant shall not be required to provide additional information to obtain a
permit than communications service providers that are not wireless providers,
provided that an applicant may be required to include construction and
engineering drawings and information demonstrating compliance with the criteria
in paragraph (9) of this subsection;

����� (4)� an
authority may not require:

����� (a)� the
collocation, mounting, or installation of a small wireless facility on any
specific pole or category of poles or require multiple antenna facilities on a
single pole;

����� (b)� the
use of specific pole types or configurations when installing a new or
replacement pole; or

����� (c)� the
underground placement of a small wireless facility or antenna equipment that is
or are designated in an application to be pole-mounted or ground-mounted,
provided that an authority may:

����� (i)
�require, pursuant to section 6 of P.L.��� , c.����� (C.��� ) (pending before
the Legislature as this bill), that a wireless provider place underground fiber
that is part of a small wireless facility and not in or on a pole; or

����� (ii)�
�prohibit, pursuant to section 6 of P.L.��� , c.����� (C.��� ) (pending before
the Legislature as this bill), ground-mounted antenna equipment;

����� (5)� subject
to the provisions of subparagraph (d) of paragraph (9) of subsection b. of this
section, an authority may not limit the collocation of a small wireless
facility or the mounting or installation of a small wireless facility on a new
or replacement pole by minimum horizontal separation distance requirements from
an existing small wireless facility;

����� (6)� the
authority may require an applicant to include an attestation that the small
wireless facility shall be operational for use by a wireless service provider
within one year after the permit issuance date, unless the authority and the
applicant agree to extend this period or a delay is caused by lack of
commercial power, communications facilities to the site, or any other factors
outside of the applicant�s control;

����� (7)� within
10 days of receiving an application, an authority shall determine and notify
the applicant in writing whether the application is complete. If an application
is incomplete, an authority shall specifically identify the missing information
in writing. The processing deadline provided in paragraph (8) of this
subsection shall restart on the date the applicant provides the missing
information to complete the application;

����� (8)� an
authority shall process an application in a non-discriminatory manner and the
application shall be deemed approved if the authority fails to approve or deny
the application within:

����� (a)� 60
days of receipt of an application for a permit involving collocation of a small
wireless facility using an existing structure; and

����� (b)� 90
days for an application for a permit involving deployment of a small wireless
facility using a new or replacement pole.

����� If
an authority provides written notification to the applicant within 10 days of
receiving an application certifying that it is experiencing an unusually high
overall level of permitting activity or other circumstances beyond the
authority�s control that prevents the authority from reviewing and processing
the application by the deadline, the processing deadline may be extended
automatically for up to 30 days.

����� The
processing deadline may be tolled by agreement of the applicant and the
authority;

����� (9)� an
authority may deny the application for collocation, mounting, or installation
of a small wireless facility on a new or replacement pole, or the installation
or replacement of an associated pole or antenna equipment that meets the
requirements in section 4 of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill), if the authority finds that the proposed work:

����� (a)� interferes
with the safe operation of traffic control equipment;�

����� (b)� interferes
with sight lines or clear zones for transportation or pedestrians;

����� (c)� interferes
with compliance with the federal "Americans with Disabilities Act of
1990" (42 U.S.C. s.12101 et seq.), or similar federal or State standards
regarding pedestrian access or movement;

����� (d) fails
to comply with reasonable and non-discriminatory horizontal spacing
requirements of general application adopted by ordinance that concern the
location of ground-mounted antenna equipment and new poles and which shall not
prevent a wireless provider from serving any location;

����� (e)� fails
to comply with applicable codes; or

����� (f)� fails
to comply with sections 4, 5, or 6 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill);

����� (10)�� the
authority shall document the basis for an application denial, including the
specific code, rule, or statutory provisions on which the denial was based, and
send the documentation to the applicant on or before the day the authority
denies an application. The applicant may cure the deficiencies identified by
the authority and resubmit the application within 30 days of the denial without
paying an additional application fee. The authority shall approve or deny the
revised application within 30 days of resubmission and limit its review to the
deficiencies cited in the denial;

����� (11)�� an
applicant seeking to collocate, mount, or install more than one small wireless
facility within the jurisdiction of a single authority may file a consolidated
application for small wireless facilities and associated poles and antenna
equipment and receive a single permit for the collocation, mounting, or
installation of up to 25 small wireless facilities and the placement of
associated poles and antenna equipment, provided that all small wireless
facilities within the consolidated application are substantially the same type
and proposed for collocation on substantially the same types of structures;

����� (12)�� an
applicant shall not file within a 60-day period, three consolidated
applications; or multiple applications that collectively seek permits for a
combined total of more than 75 small wireless facilities and associated poles
and antenna equipment;

����� (13)�� the
denial of one or more small wireless facilities in a consolidated application
shall not delay processing of any other small wireless facilities, poles, or
antenna equipment in the same consolidated application. A consolidated
application shall be collectively processed in accordance with the procedures
in this section. A consolidated application that includes a new or replacement
pole deployment shall be subject to a 90-day timeframe for approval;�

����� (14)
�installations, mountings, modifications, replacements, and collocations for
which a permit is granted pursuant to this section shall be completed by the
applicant within one year after the permit issuance date unless the authority
and the applicant agree to extend this period, or a delay is caused by the lack
of commercial power or communications facilities at the site;

����� (15)
�approval of an application authorizes the applicant to:

����� (a)� undertake
the installation, modification, replacement or collocation of the approved
small wireless facility and any associated pole and antenna equipment; and

����� (b)� subject
to applicable relocation requirements and the applicant�s right to terminate at
any time, operate and maintain the small wireless facility and any associated
pole and antenna equipment covered by the permit for a period of not less than
10 years, which must be renewed for equivalent durations so long as the
facilities comply with the criteria set forth in paragraph (9) of this
subsection;�

����� (16)
�an authority may not institute, either expressly or de facto, a moratorium on:

����� (a)� filing,
receiving, or processing applications; or

����� (b)� issuing
permits or other required approvals, if any, for the collocation, mounting, or
installing of a small wireless facility or the installation, modification, or
replacement of associated antenna equipment or poles.�

����� If
the State or another authority has declared an emergency and the State or
another authority institutes a temporary moratorium that is generally
applicable and competitively neutral, is necessary to address the emergency,
disaster, or related public safety needs within the authority�s jurisdiction,
is targeted to those geographic areas that are affected by the disaster or
emergency, and applies only for the duration of declaration of emergency, then
the provisions of subparagraphs (a) and (b) of this paragraph shall not apply.

����� c.�� An
authority shall not require an application for:

����� (1)� routine
maintenance;

����� (2)� the
replacement of a small wireless facility or antenna equipment, provided the
replacement small wireless facility or antenna equipment is substantially
similar to or the same size as or smaller than the original small wireless
facility or antenna equipment and continues to meet all other requirements of
the original permit; or

����� (3)� the
installation, placement, maintenance, operation, or replacement of a micro
wireless facility that is suspended on cables that are strung between existing
poles, in compliance with the applicable codes.

����� An
authority may require a permit for work pursuant to subsection a. of this
section that requires excavation or closure of sidewalks or vehicular lanes
within the right-of-way and the permit shall be issued to the applicant on a
non-discriminatory basis upon terms and conditions applied to any other
person�s activities in the right-of-way that require excavation, closing of
sidewalks, or vehicular lanes.

���� 12.� A person owning,
managing, or controlling an authority pole in the right-of-way may not enter
into an exclusive arrangement with any person for the right to attach to the
pole. A person who purchases or otherwise acquires an authority pole is subject
to the requirements of P.L.��� , c.��� (C.�������� ) (pending before the
Legislature as this bill).

���� 13.� An authority shall allow
the collocation of a small wireless facility and the installation of associated
antenna equipment on an existing authority pole, and the mounting or
installation of a small wireless facility and the installation of associated
antenna equipment on a replacement authority pole, on non-discriminatory terms
and conditions using the standards in section 5 of P.L. , c. (C. ) (pending
before the Legislature as this bill) and the application requirements in
section 11 of P.L.�� , c.�� (C.����� ) (pending before the Legislature as this
bill).

���� 14.� a.�� The rates, fees, and
terms and conditions for any make-ready work to collocate, mount, or install a
small wireless facility on an authority pole and to install associated antenna
equipment shall be non-discriminatory, competitively neutral, commercially reasonable,
and shall comply with P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill).

���� b.��� The authority shall
provide a good faith estimate for any make-ready work necessary to enable the
authority pole to support the requested collocation, mounting, or installation
by a wireless provider, including authority pole replacement if necessary, within
60 days after receipt of a complete application. Make-ready work including any
authority pole replacement shall be completed within 60 days of written
acceptance of the good faith estimate by the applicant. An authority may
require replacement of the authority pole only if it demonstrates that the
collocation would make the authority pole structurally unsound.

���� c.���� The person owning,
managing, or controlling the authority pole shall not require more make-ready
work than required to meet applicable codes or industry standards. Fees for
make-ready work shall not include costs related to pre-existing or prior damage
or noncompliance. Fees for make-ready work, including any pole replacement,
shall not exceed either actual costs or the amount charged to other
communications service providers for similar work and shall not include any
revenue or contingency-based consultant�s fees or expenses.

���� 15.� a.�� All rates and fees
established pursuant to subsection b. of this section shall be a reasonable
approximation of the authority�s reasonable costs, and shall be applied by the
authority in a non-discriminatory manner. An authority may not require a
wireless provider to pay any rates, fees, or compensation to the authority or
other person other than what is expressly authorized by P.L. , c. (C. )
(pending before the Legislature as this bill) for the right to use or occupy
the right-of-way for the collocation, mounting, or installation of a small
wireless facility on a pole in the right-of-way, or for the installation,
maintenance, modification, or replacement of associated antenna equipment or a
pole in the right-of-way.

���� b.��� Application fees for any
permit issued pursuant to
P.L. , c. (C. ) (pending
before the Legislature as this bill) shall not exceed:

���� (1)�� $500 for a single
up-front application for collocation of a small wireless facility that includes
up to five small wireless facilities, with an additional $100 for each small
wireless facility included in the same application thereafter;

���� (2)�� $250 for the
modification or replacement of an existing pole, together with the mounting or
installation of an associated small wireless facility in the right-of-way; and

���� (3)�� $1,000 for the
installation of a new pole, together with the mounting or installation of an
associated small wireless facility in the right of.

���� c.���� Notwithstanding the
provisions of any law, rule, regulation, or order to the contrary, an authority
may elect to charge for use of the right-of-way or the collocation of a small
wireless facility on an authority pole in the right-of-way, provided, however,
that the rate for that use shall not exceed $200 per small wireless facility
per year for right-of-way access and $70 per authority pole per year for a
small wireless facility collocated, mounted, or installed on an authority pole.
The rates established pursuant to this paragraph, together with a one-time
application fee, shall be the total compensation that the wireless provider is
required to pay the authority for the deployment of each small wireless
facility in the right-of-way and any associated antenna equipment or pole.

���� 16.� a.�� An authority shall
not have or exercise any jurisdiction or authority over the design,
engineering, construction, installation, or operation of a small wireless
facility located in an interior structure or upon the site of a campus,
stadium, or athletic facility not owned or controlled by the authority, other
than to require compliance with applicable codes.

���� b.��� Except as it relates to
small wireless facilities subject to the permit and fee requirements
established pursuant to
P.L. , c. (C. ) (pending
before the Legislature as this bill) or otherwise specifically authorized by
State or federal law, an authority shall not adopt or enforce any regulations
or requirements on the placement or operation of communications facilities in
the right-of-way by a communications service provider authorized by federal,
State, or local law to operate in a right-of-way, regulate any communications
services, or impose or collect any tax, fee, rate, or charge for the provision
of additional communications service over the communications service provider�s
communications facilities in a right-of-way.

���� 17.� a.�� An authority may
adopt an ordinance that makes available to wireless providers rates, fees, and
other terms and conditions that comply with P.L.��� , c.����� (C.��� ) (pending
before the Legislature as this bill). In the absence of an ordinance, a
wireless provider may install and operate a small wireless facility and any
associated poles and antenna equipment under the requirements of P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill). An authority
may not require a wireless provider to enter into an agreement to implement
P.L. , c. (C. ) (pending
before the Legislature as this bill), but agreements are permissible if
voluntary and non-discriminatory.

���� b.��� An ordinance or
agreement or any provision thereof that does not comply with P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill) shall apply only to
small wireless facilities and any associated poles and antenna equipment that
were operational before the effective date of P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill) and shall be deemed invalid and
unenforceable beginning on the 181st day after the effective date of P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill) unless amended
to comply with P.L. , c. (C. )
(pending before the Legislature as this bill). If an ordinance or agreement or
any provision thereof is invalid pursuant to this subsection, small wireless
facilities and associated poles and antenna equipment that became operational
before the effective date of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill), pursuant to the ordinance or agreement, may remain
installed and be operated under the requirements of the remaining valid portions
of the ordinance or agreement or P.L. , c. (C. )
(pending before the Legislature as this bill), as applicable.

���� c.���� Any provision of an agreement
or ordinance that applies to small wireless facilities and associated poles and
antenna equipment that becomes operational on or after the effective date of
P.L. , c. (C. ) (pending
before the Legislature as this bill) is invalid and unenforceable unless it
complies with P.L.�� , c.�� (C.���� ) (pending before the Legislature as this
bill). In the absence of an ordinance or agreement that complies with P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill), a wireless
provider may install and operate a small wireless facility and associated poles
and antenna equipment in a right-of-way pursuant to the requirements of the
remaining valid portions of the ordinance or agreement or P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill), as applicable.

���� 18.� a.� An authority may
adopt reasonable indemnification, insurance, and bonding requirements related
to a small wireless facility and associated pole permits and antenna equipment
pursuant to the requirements of this section and section 6 of P.L. , c. (C. ) (pending
before the Legislature as this bill).

���� b.��� Any wireless provider
that owns or operates small wireless facilities or utility poles in the
right-of-way shall indemnify, protect, defend, and hold the authority and its
elected officials, officers

,
employees, agents, and volunteers harmless against any and all claims,
lawsuits, judgments, costs, liens, losses, expenses, fees including reasonable
attorney fees and costs of defense, proceedings, actions, demands, causes of
action, liability, and suits of any kind and nature, including but not limited
to personal or bodily injury or death, property damage or other harm for which
recovery of damages is sought, to the extent that it is caused by the
negligence of the wireless provider who owns or operates small wireless
facilities or utility poles in the right-of-way, any agent, officer, director,
representative, employee, affiliate, or subcontractor of the wireless provider,
or their respective officers, agents, employees, directors, or representatives
while installing, repairing, operating, or maintaining facilities in
rights-of-way.

���� c.���� Except for a wireless
provider with an existing agreement to occupy and operate in the rights-of-way,
during the period in which the wireless provider�s facilities are located on
the authority improvements or rights-of-way, the authority may require the wireless
provider to carry, at the wireless provider�s own cost and expense, the
following insurance:

���� (1)�� property insurance for
its property�s replacement cost against all risks;

���� (2)�� workers� compensation
insurance, as required by law; or

���� (3)�� commercial general
liability insurance with respect to its activities on the authority
improvements or rights-of-way to afford minimum protection limits consistent
with its requirements of other users of authority improvements or
rights-of-way, including coverage for bodily injury and property damage. An
authority may require a wireless provider to include the authority as an
additional insured on the commercial general liability policy and provide
certification and documentation of inclusion of the authority in a commercial
general liability policy as reasonably required by the authority.

���� A wireless provider may
self-insure all or a portion of the insurance coverage and limit requirements
required by an authority. A wireless provider that self-insures is not
required, to the extent of the self-insurance, to comply with the requirement
for the naming of additional insureds under this section. A wireless provider
that elects to self-insure shall provide to the authority evidence sufficient
to demonstrate its financial ability to self-insure the insurance coverage and
limits required by the authority.

���� d.��� An authority may impose
reasonable and non-discriminatory requirements for bonds, escrow deposits,
letters of credit, or any other type of financial surety to ensure removal of
abandoned or unused wireless facilities or damage to the right-of-way or authority
property caused by the wireless provider or its agent.

���� 19.� a.� Nothing in P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill) shall be
construed to allow any person or entity to provide cable services regulated
pursuant to 47 U.S.C. s.521 through 47 U.S.C. s.573 without compliance with all
laws applicable to those cable operators, nor shall it be interpreted to impose
any new requirements on cable operators for the provision of cable service in
this State.

���� b.��� Nothing in P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill) shall be
construed to allow any entity to provide communications services without
compliance with all laws applicable to communications service providers, nor
shall it be construed to authorize the collocation, installation, placement,
maintenance, or operation of any communications facility, including a wireline
backhaul facility, in the right-of-way, other than a small wireless facility.

���� c.���� Nothing in P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill) shall
authorize the State or any political subdivision thereof, including an
authority, to require small wireless facility deployment or to regulate
wireless service.

���� d.��� Nothing in P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill) authorize a
person to collocate a small wireless facility on property owned by a public
utility without consent of the public utility nor be construed to impact,
modify, or supersede any construction standard, engineering practice, tariff
provision, collective bargaining agreement, contractual obligation or right, or
federal or State law or regulation relating to facilities or equipment owned or
controlled by a public utility or its affiliate, an electric cooperative, or an
independent electric transmission company, that is not a wireless provider, nor
shall P.L. � , c. (C. ) (pending
before the Legislature as this bill) be construed to apply to a public
utility�s use of its own poles, facilities, or both for communications
associated with its public utility operations
.

���� 20.� A court of competent
jurisdiction shall have jurisdiction to determine disputes arising pursuant to
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill).
Pending resolution of a dispute concerning rates for collocation, mounting, and
installation of small wireless facilities on authority poles in the
right-of-way and the installation of associated antenna equipment, the
authority owning or controlling the pole shall allow the collocating person or
entity to collocate at annual rates established pursuant to section 15 of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill),
with rates to be reconciled upon final resolution of the dispute. A dispute
shall be pursued in accordance with accelerated docket or complaint procedures,
where available.

���� 21.��� This act shall take
effect on the first day of the seventh month next following enactment.

STATEMENT

����� This bill provides for the uniform regulation of
small wireless facility deployment in the State by the State government and
local government units (authorities). The bill prohibits an authority from
regulating small wireless facilities in a manner inconsistent with the bill,
including entering into an exclusive arrangement with any person or entity for
the use of the right-of-way for:

����� 1)�� the collocation of a small wireless facility;

����� 2)�� the mounting or installation of a small wireless
facility on new or replacement poles;

����� 3)�� the installation of associated antenna equipment
adjacent to a structure on which a small wireless facility is or will be
collocated, mounted, or installed; or

����� 4)�� the installation, operation, marketing,
modification, maintenance, or replacement of associated poles.�

����� The bill provides that a wireless provider, as
defined in the bill, is to have the right, as a permitted use not subject to
zoning review or approval, and without the need for authority consent to:

����� 1)�� collocate small wireless facilities;

����� 2)�� mount or install small wireless facilities on
new or replacement poles;

����� 3)�� install associated antenna equipment adjacent to
a structure on which a small wireless facility is or will be collocated,
mounted, or installed; or

����� 4)�� install, modify, or replace its own poles, or,
with the permission of the owner, a third party�s poles, associated with a
small wireless facility, along, across, upon, and under the right-of-way.

����� The bill provides that each new, replaced, or
modified pole installed in the right-of-way for the purpose of collocating,
mounting, or installing a small wireless facility is to follow certain height
restrictions pursuant to the bill. A wireless provider is not to install a new
pole unless the wireless provider has determined it cannot meet its service
objectives by collocating on existing poles or structures. An authority may
adopt aesthetics requirements governing the deployment of small wireless facilities
and associated antenna equipment and poles in the right-of-way, subject to
certain requirements pursuant to the bill. A wireless provider is to comply
with undergrounding requirements that are consistent with the bill.

����� The bill requires a wireless provider to repair all
damage to the right-of-way caused by the activities of the wireless provider
and to return the right-of-way to its functional and aesthetic equivalence
before the damage, pursuant to the competitively neutral, reasonable
requirements, and specifications of the authority. If the wireless provider
fails to make the repairs required by the authority within a reasonable time
after written notice, the authority may make those repairs and charge the
applicable party the reasonable documented cost of the repairs.

����� Under the bill, a wireless provider is not required
to replace or upgrade an existing pole, except for reasons of structural
necessity or compliance with applicable building codes. A wireless provider
may, with the permission of the pole owner, replace or modify the existing
pole, but any replacement or modification is to be consistent with the design
aesthetics of the pole being modified or replaced. The bill requires wireless
provider to notify an authority at least 30 days before the abandonment of a small
wireless facility located within the authority�s jurisdiction. Following
receipt of the notice, the authority is to direct the wireless provider to
remove all or any portion of the small wireless facility and associated antenna
equipment that the authority determines would be in the best interest of the
public. If the wireless provider fails to remove the abandoned small wireless
facility within 90 days after the notice, the authority may undertake to remove
the small wireless facility and recover the actual and reasonable expenses of
the removal from the wireless provider, its successors, or assigns.�

����� The bill allows an authority to require an applicant
to obtain a permit for:

����� 1)�� the collocation of a small wireless facility;

����� 2)�� the mounting or installation of a small wireless
facility on a new, modified, or replacement pole; or

����� 3)�� the installation, modification, or replacement
of a pole or antenna equipment as provided in the bill.

����� Each permit issued pursuant to the bill is to be of
general applicability and is not to apply exclusively to a small wireless
facility and an authority is to receive and process applications following
certain requirements pursuant to the bill. Application fees for any permit
issued pursuant to the bill are not to exceed certain amounts pursuant to the
bill.

����� Under the bill, the rates, fees, and terms and
conditions for any make-ready work to collocate, mount, or install a small
wireless facility on an authority pole and to install associated antenna
equipment are to be non-discriminatory, competitively neutral, commercially
reasonable, and are in compliance with the provisions of the bill. The bill
further provides that all rates and fees established pursuant to the bill are
to be a reasonable approximation of the authority�s reasonable costs, and are
to be applied by the authority in a non-discriminatory manner. An authority may
not require a wireless provider to pay any rates, fees, or compensation to the
authority or other person other than what is expressly authorized by the bill
for the right to use or occupy the right-of-way for the collocation, mounting,
or installation of a small wireless facility on a pole in the right-of-way, or
for the installation, maintenance, modification, or replacement of associated
antenna equipment or a pole in the right-of-way.

����� The bill provides that an authority is not to have or
exercise any jurisdiction or authority over the design, engineering,
construction, installation, or operation of a small wireless facility located
in an interior structure or upon the site of a campus, stadium, or athletic
facility not owned or controlled by the authority, other than to require
compliance with applicable building codes. Further, except as it relates to
small wireless facilities subject to the permit and fee requirements
established pursuant the bill or otherwise specifically authorized by State or
federal law, an authority is not to adopt or enforce any regulations or
requirements on the placement or operation of communications facilities in the
right-of-way by a communications service provider authorized by federal, State,
or local law to operate in the right-of-way, regulate any communications
services, or impose or collect any tax, fee, rate, or charge for the provision
of additional communications service over the communications service provider�s
communications facilities in the right-of-way.

����� The bill allows an authority to adopt an ordinance
that makes available to wireless providers rates, fees, and other terms and
conditions that comply with the provisions of the bill. In the absence of an
ordinance, a wireless provider may install and operate a small wireless
facility and any associated poles and antenna equipment under the requirements
of the bill. An authority may not require a wireless provider to enter into an
agreement to implement the provisions of the bill, but agreements are
permissible if voluntary and non-discriminatory.

����� The bill provides that an authority may adopt
reasonable indemnification, insurance, and bonding requirements related to a
small wireless facility and associated pole permits and antenna equipment.� The
bill requires a wireless provider that owns or operates a small wireless
facility or utility pole in the right-of-way to indemnify, protect, defend, and
hold the authority and its elected officials, officers, and employees, agents,
and volunteers harmless against all claims, lawsuits, judgements, costs, liens,
losses, expenses, and fees.

����� The bill further provides that an authority may
require a wireless provider to have in effect certain insurance coverage as
provided in the bill. The bill also allows an authority to impose reasonable
and non-discriminatory requirements for bonds, escrow deposits, letters of
credit, or any other type of financial surety to ensure removal of abandoned or
unused wireless facilities or damage to the right-of-way or authority property
caused by the wireless provider or its agent.

����� The bill provides that nothing in the bill is to be
construed to authorize certain actions, including authorizing a person to
collocate a small wireless facility on property owned by a public utility
without consent of the public utility, to impact, modify or supersede any
construction standard or other obligation applicable to certain entities that
are not wireless providers, or to apply to a public utility�s use of its own
poles, facilities, or both for communications associated with its public utility
operations.

����� The bill provides that a court of competent
jurisdiction is to have jurisdiction to determine disputes arising pursuant to
the bill. A dispute is to be pursued in accordance with accelerated docket or
complaint procedures, where available.