THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FOLMER, SOLOBAY AND ROBBINS, NOVEMBER 22, 2011

REFERRED TO COMMUNICATIONS AND TECHNOLOGY, NOVEMBER 22, 2011  

AN ACT

Providing for streamlined procedures for reviewing applications for

the modification or collocation of wireless communications

facilities and wireless support structures.

The General Assembly of the Commonwealth of Pennsylvania hereby

enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Wireless Broadband

Collocation Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall have

the meanings given to them in this section unless the context clearly

indicates otherwise:

"Accessory equipment."  Any equipment serving or being used in

conjunction with a wireless facility or wireless support structure

including, but not limited to, utility or transmission equipment,

power supplies, generators, batteries, cables, equipment buildings,

cabinets and storage sheds, shelters or similar structures.

"Antenna."  Communications equipment that transmits and receives

electromagnetic radio signals used in the provision of all types of

wireless communication services.

"Application."  A formal request submitted to the local governing

authority to construct or modify a wireless support structure or a

wireless facility. An application shall be deemed complete when all

documents, information and fees specifically enumerated in the local

governing authority's regulations, ordinances and forms pertaining to

the location, construction, modification or operation of wireless

facilities are submitted by the applicant to the authority.

"Collocation."  The placement or installation of new wireless

facilities on previously approved and constructed wireless support

structures, including monopoles and towers, both self-supporting and

guyed, in a manner that negates the need to construct a new

freestanding wireless support structure. The term includes the

placement of accessory equipment within an existing equipment

compound.

"Equipment compound."  An area surrounding or adjacent to the base

of a wireless support structure within which accessory equipment is

located.

"Local governing authority."  A municipality or a municipal

authority, as defined by the act of July 31, 1968 (P.L.805, No.247),

known as the Pennsylvania Municipalities Planning Code, that has

adopted land use or zoning regulations for all or the majority of land

uses within its jurisdiction or has adopted separate regulations

pertaining to the location, construction, modification or operation of

wireless facilities.

"Modification" or "modify."  The improvement, upgrade, expansion or

replacement of existing wireless facilities on an existing wireless

support structure or within an existing equipment compound, provided

the improvement, upgrade, expansion or replacement does not increase

the height of the wireless support structure or increase the

dimensions of the equipment compound.

"Wireless facility."  The set of equipment and network components,

exclusive of the underlying wireless support structure, including

antennas, transmitters, receivers, base stations, power supplies,

cabling and accessory equipment, used to provide wireless data and

telecommunication services.

"Wireless support structure."  A freestanding structure, such as a

monopole, tower, either guyed or self-supporting, or suitable existing

or alternative structure designed to support or capable of supporting

wireless facilities. The term shall not include any electrical utility

pole or tower used for the distribution or transmission of electrical

service.

Section 3.  Regulation of wireless telecommunications support

structures.

(a)  General authority.--A local governing authority that has

adopted planning and zoning regulations may plan for and regulate

wireless support structures in accordance with locally adopted land

use planning or zoning regulations and the provisions of this section.

(b)  Limitations.--A local governing authority that has adopted

zoning ordinances and land use regulations for the placement of

wireless support structures shall not place any additional requirement

on the applicant that has the force or effect of:

(1)  Regulating the placement of an antenna or related

equipment for an existing wireless support structure; provided,

however, if the placement of an antenna on an existing wireless

telecommunications support structure requires an extension, the

placement may be regulated by a local governing authority if the

extension would require the wireless support structure to have

lighting or the extension exceeds the height limitation of the

authority.

(2)  Imposing additional costs or operating restrictions on an

applicant for the collocation of new wireless facilities unless the

support structure is owned by the local governing authority. For

the purposes of this section, collocation shall not be deemed an

expansion.

(3)  Requiring the applicant to provide any sort of

justification for radio frequency need.

(4)  Acting to prohibit or have the effect of prohibiting the

provision of personal wireless services.

Section 4.  Streamlined processing of applications.

(a)  General rule.--An application for collocation or modification

of a wireless facility entitled to streamlined processing under this

section shall be reviewed for conformance with the local governing

authority's applicable site plan and building permit requirements,

including zoning and land use conformity, but shall not otherwise be

subject to the issuance of additional zoning, land use or special use

permit approvals beyond the initial zoning, land use or special permit

approvals issued for the wireless support structure or wireless

facility. Previously approved wireless support structures and wireless

facilities can be modified or accept collocations without additional

zoning or land use review beyond what is required by the local

governing authority for the issuance of building or electrical

permits.

(b)  Requirements.--The streamlined process set forth in this

section shall apply to applications for all modifications and

applications for proposed collocations that meet the following

requirements:

(1)  the proposed collocation shall not increase the overall

height or width of the wireless support structure to which the

wireless facilities are to be attached;

(2)  the proposed collocation shall not increase the

dimensions of the equipment compound approved by the local

governing authority;

(3)  the proposed collocation shall comply with applicable

conditions of approval, if any, applied to the initial wireless

facilities and wireless support structure, and subsequently adopted

amendments to the conditions of approval; and

(4)  the proposed collocation shall not exceed the applicable

weight limits for the wireless support structure, as demonstrated

by a letter from a structural engineer licensed to practice in this

Commonwealth.

(c)  Review.--A local governing authority's review of an

application to modify or collocate wireless facilities on an existing

wireless support structure shall not include:

(1)  An evaluation of the technical, business or service

characteristics of the proposed wireless facilities.

(2)  A requirement that an applicant submit radio frequency

analyses, unless needed to ensure the proposed wireless facilities

will not interfere with emergency communications.

(3)  Any other documentation intended to:

(i)  demonstrate the proposed service characteristics of

the proposed wireless facilities;

(ii)  illustrate the need for the wireless facilities; or

(iii)  justify the business decision to collocate the

wireless facilities.

(d)  Application decisions.--Within 90 calendar days of the date an

application for modification or collocation of wireless facilities is

filed with the local governing authority, unless another date is

specified in a written agreement between the local governing authority

and the applicant, the local governing authority shall:

(1)  make its final decision to approve or disapprove the

application; and

(2)  advise the applicant in writing of its final decision.

(e)  Deficient applications.--Within 30 calendar days of the date

an application for modification or collocation is filed with the local

governing authority, the local governing authority shall notify the

applicant in writing of any information required to complete the

application. To the extent additional information is required to

complete the application, the time required by the applicant to

provide the information shall not be counted toward the 90 calendar

day review period under subsection (d) of this act.

Section 5. Enforcement.

A person adversely affected by a final action or failure to act by

a local governing authority or a wireless facilities provider that is

inconsistent with the provisions of this act, may, within 30 days

after the action or failure to act, commence an action in any court of

competent jurisdiction, which shall hear and decide the action on an

expedited basis.

Section 6.  Preservation of local governing authority.

Notwithstanding any other provision of law, nothing in this act may

be construed to limit or preempt the scope of a local governing

authority's review of zoning, land use or permitting applications for

the siting of wireless facilities or wireless support structures or to

require a local governing authority to exercise its zoning power, as

provided for in the act of July 31, 1968 (P.L.805, No.247), known as

the Pennsylvania Municipalities Planning Code.

Section 7.  Effective date.

This act shall take effect in 60 days.