PRINTER'S NO. 2146
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1620
Session of
2017
INTRODUCED BY MICCARELLI, FARRY, D. COSTA, SNYDER, DiGIROLAMO
AND MURT, JUNE 26, 2017
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 26, 2017
AN ACT
Amending the act of October 24, 2012 (P.L.1501, No.191),
entitled "An act providing for streamlined procedures for
reviewing applications for the modification or collocation of
wireless communications facilities and wireless support
structures," further providing for short title, for
definitions, for regulation of wireless support structures,
for processing of applications, for enforcement and for
preservation of local governing authority and providing for
use of public rights-of-way, for access to municipal poles,
for indemnification and for prohibitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1, 2, 3, 4, 5 and 6 of the act of
October 24, 2012 (P.L.1501, No.191), known as the Wireless
Broadband Collocation Act, are amended to read:
Section 1. Short title.
This act shall be known and may be cited as the Wireless
Broadband Infrastructure Deployment and 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:
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"Accessory equipment." Any equipment serving or being used
in conjunction with a wireless [telecommunications] facility or
wireless support structure. The term includes utility or
transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds,
shelters or similar structures.
"Antenna." Telecommunications equipment that transmits and
receives electromagnetic radio signals used in the provision of
all types of wireless [telecommunications] services.
"Applicable codes." Uniform building, fire, electrical,
plumbing or mechanical codes adopted by a recognized national
code organization or local amendments to those codes enacted
solely to address imminent threats of destruction of property or
injury to persons to the extent not inconsistent with the terms
of this act.
"Applicant." Any person who submits an application and is a
wireless provider.
"Application." A formal request submitted to the
municipality to collocate, replace, modify or install a wireless
support structure, equipment compound or a wireless
[telecommunications] facility.
"Base station." A station at a specified site authorized to
communicate with mobile stations, generally consisting of radio
transceivers, antennas, coaxial cables, power supplies and other
associated electronics.
"Collocation." [The placement or installation of new
wireless telecommunications facilities on previously approved
and constructed wireless support structures, including self-
supporting or guyed monopoles and towers, electrical
transmission towers, water towers or any other structure not
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classified as a wireless support structure that can support the
placement or installation of wireless telecommunications
facilities if approved by the municipality. The term includes
the placement, replacement or modification of accessory
equipment within a previously approved equipment compound.] To
install, mount, maintain, modify, operate or replace wireless
facilities on or adjacent to a wireless support structure or
utility pole.
"Communications service provider." As follows:
(1) a cable operator, as defined in 47 U.S.C. § 522(5)
(relating to definitions);
(2) a provider of information service, as defined in 47
U.S.C. § 153(24) (relating to definitions);
(3) a telecommunications carrier, as defined in 47
U.S.C. § 153(51); or
(4) a wireless provider.
"Distributed antenna system." A network that distributes
radio frequency signals and consists of:
(1) remote communications or antenna nodes deployed
throughout a desired coverage area, including at least one
antenna for transmission and receptions;
(2) a high capacity signal transport medium that is
connected to a central communications hub site; and
(3) radio transceivers located at the hub site to
process or control the communications signals transmitted and
received through the antennas to provide wireless or mobile
service within a geographic area or structure.
"Electrical transmission tower." An electrical transmission
structure used to support overhead power lines consisting of 69
kilovolt or greater conducting lines, generally of steel
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construction and having a height of at least 75 feet. The term
shall not include any utility pole having a height of less than
75 feet.
"Equipment compound." An area surrounding [or], adjacent or
attached to a wireless support structure within which base
stations, power supplies or accessory equipment are located.
"Judiciary Act Repealer Act." The act of April 28, 1978
(P.L.202, No.53), known as the Judiciary Act Repealer Act.
"Modification" or "modify." The improvement, upgrade or
expansion of existing wireless [telecommunications] facilities
or base stations on an existing wireless support structure or
the improvement, upgrade or expansion of the wireless
[telecommunications] facilities located within an existing
equipment compound, if the improvement, upgrade, expansion or
replacement does not substantially change the physical
dimensions of the wireless support structure.
"Municipality." Any city of the first, second, second class
A or third class, borough, incorporated town, township of the
first or second class, county of the second class through eighth
class, home rule municipality or any similar general purpose
unit of government which shall hereafter be created by the
General Assembly that has adopted land use or zoning
regulations.
"Municipal pole."
(1) The term shall include:
(i) A utility pole owned or operated in the ROW by a
municipality or a public utility district that is
designed, or used in whole or in part, for the purpose of
carrying electric distribution lines or cables or wires
for telecommunications, cable or electric service,
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including a utility pole that provides lighting or
traffic control functions, including light poles, traffic
signals and structures for signage.
(ii) A pole or similar structure owned or operated
by a municipality in the ROW that supports only wireless
facilities.
(2) The term shall not include a utility pole owned or
operated in the ROW by an electric membership corporation or
a rural electric cooperative.
"Pennsylvania Municipalities Planning Code." The act of July
31, 1968 (P.L.805, No.247), known as the Pennsylvania
Municipalities Planning Code.
"Permit." A written authorization required by a municipality
to perform an action or initiate, continue or complete a
project.
"Person." An individual, corporation, limited liability
company, partnership, association, trust or other entity or
organization, including a municipality.
"Replacement." The replacement of existing wireless
[telecommunications] facilities on an existing wireless support
structure or within an existing equipment compound due to
maintenance, repair or technological advancement with equipment
composed of the same wind loading and structural loading that is
substantially similar in size, weight and height as the wireless
[telecommunications] facilities initially installed and that
does not substantially change the physical dimensions of the
existing wireless support structure.
"Rights-of-way" or "ROW." The area on, below or above a
public roadway, highway, street, sidewalk, alley, utility
easement, or similar property, but not including a Federal
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interstate highway.
"Small wireless facility." A wireless facility where each
antenna is located inside an enclosure of no more than six cubic
feet in volume or, in the case of an antenna that has exposed
elements, the antenna and all of its exposed elements fit within
an imaginary enclosure of no more than six cubic feet and all
other wireless equipment associated with the facility is
cumulatively no more than 28 cubic feet in volume. Electric
meters, concealment elements, telecommunications demarcation
boxes, ground-based enclosures, grounding equipment, power
transfer switches, cut-off switches and vertical cable runs for
the connection of power and other services shall not be included
in the calculation of equipment volume.
"Substantial change" or "substantially change."
(1) Any increase in the height of the wireless support
structure by more than 10%, or by the height of one
additional antenna array with separation from the nearest
existing antenna not to exceed 20 feet, whichever is greater,
except that the mounting of the proposed wireless
telecommunications facility may exceed the size limits set
forth in this paragraph if necessary to avoid interference
with existing antennas.
(2) Any further increase in the height of a wireless
support structure which has already been extended by more
than 10% of its originally approved height or by the height
of one additional antenna array in accordance with the
provisions of this act shall not occur without municipal
approval.
"Utility pole."
(1) A pole or similar structure that is used in whole or
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in part by a communications service provider or for electric
distribution, lighting, traffic control, signage or a similar
function.
(2) The term shall not include:
(i) A structure supporting only wireless facilities.
(ii) A pole or similar structure described under
paragraph (1) that is owned or operated by an electric
membership corporation or a rural electric cooperative.
"Water tower." A standpipe or an elevated tank situated on a
support structure, both of which shall be constructed of steel,
have a height of at least 75 feet and be used as a reservoir or
facility to deliver water.
"Wireless facility." Equipment at a fixed location that
enables wireless communications between user equipment and a
communications network, including equipment associated with
wireless communications and radio transceivers, antennas,
coaxial or fiber-optic cable, regular and backup power supplies
and comparable equipment, regardless of technological
configuration, including small wireless facilities and
distributed antenna systems. The term shall not include the
structure or improvements on, under or within which the
equipment is collocated.
"Wireless infrastructure provider." Any person, including a
person authorized to provide telecommunications service in this
Commonwealth, that builds or installs wireless communication
transmission equipment, wireless facilities or wireless support
structures but that is not a wireless services provider.
"Wireless provider." A wireless infrastructure provider or a
wireless services provider.
"Wireless services." Any services, whether at a fixed
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location or mobile, provided using wireless facilities.
"Wireless services provider." A person who provides wireless
services.
"Wireless support structure." A freestanding structure, such
as a guyed or self-supporting monopole or tower, electrical
transmission tower, water tower, a structure used for lighting,
traffic control, signage or a similar function, or other
structure not classified as a wireless support structure, that
could support the placement or installation of wireless
[telecommunications] facilities if approved by the municipality.
["Wireless telecommunications facility." The set of
equipment and network components, including antennas,
transmitters, receivers, base stations, cabling and accessory
equipment, used to provide wireless data and telecommunications
services. The term shall not include the wireless support
structure.]
Section 3. Regulation of wireless facilities and wireless
support structures.
(a) Limitations.--Municipalities that have adopted zoning
ordinances and land use regulations for the placement of
wireless facilities and wireless support structures may not
require any additional requirements on the applicant for the
collocation of wireless facilities on a wireless support
structure or the modification of a wireless [telecommunications]
facility or the installation of a new wireless facility that has
the force or effect of:
(1) Regulating the installation of new wireless
facilities or a collocation, replacement or modification of
antennas, accessory equipment or wireless
[telecommunications] facilities upon an existing wireless
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support structure or within an existing equipment compound.
(2) Imposing additional costs, except the appropriate
and reasonable permit fees, or operating restrictions on an
applicant for the installation of a new wireless facility or
for the replacement, collocation or modification of wireless
[telecommunications] facilities upon existing wireless
support structures or within existing equipment compounds.
(3) [Requiring] With regard to wireless facilities and
wireless support structures other than small wireless
facilities, requiring payment of a zoning permit fee to
accompany any application, the amount of which fee is in
excess of the municipality's actual, reasonable costs to
review and process the application, or $1,000, whichever is
less.
(3.1) With regard to small wireless facilities,
requiring payment of a zoning permit fee to accompany any
application, the amount of which fee is in excess of the
municipality's actual, reasonable costs to review and process
the application, or $100, whichever is less.
(4) Requiring an applicant to provide justification for
the installation, collocation or modification of wireless
facilities, including the radio frequency need, or requiring
more information from a wireless provider than what is
required from a communications service provider.
(5) Acting to prohibit or have the effect of prohibiting
the provision of mobile service as provided in 47 U.S.C. §
332 (c)(7)(B)(i) (relating to mobile services).
(6) Requiring an applicant to justify the need for or
the technical, business or service characteristics of the
proposed wireless [telecommunications] facilities.
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(b) (Reserved).
Section 4. Processing of applications.
(a) General rule.--Notwithstanding the Pennsylvania
Municipalities Planning Code or other land use or zoning
ordinances or regulations, an application for replacement,
collocation or modification of a wireless [telecommunications]
facility or wireless support structure entitled to processing
under this section shall be reviewed for conformance with the
municipality's applicable [building permit requirements] codes,
including requirements applicable to the added structural
loading of the proposed antennas and accessory equipment, but
shall not be subject to the issuance of new zoning or land use
approvals or review beyond the initial zoning or land use
approvals issued for the previously approved wireless support
structure or wireless [telecommunications] facility. Replacement
of wireless [telecommunications] facilities on existing wireless
support structures or within existing equipment compounds may be
performed by the applicant without obtaining building or zoning
permits from the municipality.
(b) Applications.--An application shall be deemed complete
when all documents, information and fees specifically enumerated
in the municipality's regulations, ordinances and forms
pertaining to the location, modification or operation of
wireless [telecommunications] facilities are submitted by the
applicant to the municipality. The following shall apply:
(1) Within 10 calendar days of the filing date of an
application for the installation, modification, collocation
or replacement of a small wireless facility or within 30
calendar days of the [date] filing date of an application for
the installation, modification [or], collocation [is filed
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with the municipality] or replacement of another wireless
facility, wireless support structure or a substantial
modification to an existing wireless support structure, the
municipality shall notify the applicant in writing of any
information required to complete the application. If
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] calendar-day review period under paragraph (2).
(2) Within [90 calendar days of the date an application
for modification or collocation of a wireless
telecommunications facility is filed with the municipality]
60 calendar days of the filing date of an application for the
installation, modification, collocation or replacement of a
small wireless facility, within 90 calendar days of the
filing date of an application for the modification,
collocation or replacement of any other wireless facility or
a nonsubstantial modification to an existing wireless support
structure, or within 150 calendar days for the installation
of a new wireless support structure or a substantial
modification to an existing wireless support structure,
unless another date is specified in a written agreement
between the municipality and the applicant, the municipality
shall do all of the following:
(i) Make its final decision to approve the
application.
(ii) Advise the applicant in writing of its final
decision.
(3) If the municipality fails to act [upon an
application for the modification or collocation of wireless
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telecommunications facilities] on the application within 60,
90 or 150 calendar days as provided under paragraph (2), the
application shall be deemed approved. If a municipality has
advised the applicant in writing that additional information
is required to complete the application pursuant to paragraph
(1), the time required by the applicant to provide the
information shall not be counted toward the [90-day]
calendar-day period within which the municipality's failure
to act shall result in a deemed approval.
(4) If a municipality denies an application, the
municipality shall document the basis for the denial in
writing and provide the applicant with the specific code
provision, regulation or standard on which the denial was
based within the periods specified in this section. Within 30
days of a municipality's denial of an application, an
applicant may cure any deficiency identified by the
municipality and resubmit the application to the municipality
without paying an additional processing fee. The municipality
shall process and approve or deny a revised application
within 30 calendar days.
(c) Requirements.--[The process under this section shall
apply to all applications for] Applications for the
modification, replacement and collocation [that] of wireless
facilities shall meet all of the following requirements:
(1) The proposed collocation, modification or
replacement may not substantially change the physical
dimensions of the wireless support structure to which the
wireless telecommunications facilities are to be attached.
(2) The proposed collocation, modification or
replacement may not further increase the height of a wireless
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support structure which had already been extended by more
than 10% of its originally approved height or by the height
of one additional antenna array, provided, however, that
nothing herein shall preclude an applicant from further
increasing the height of a wireless support structure which
had already been extended by more than 10% of its originally
approved height or by the height of one additional antenna
array if permitted and approved by the municipality.
(3) The proposed collocation, modification or
replacement may not increase the dimensions of the equipment
compound approved by the municipality.
(4) The proposed collocation, modification or
replacement complies with applicable conditions of approval
applied to the initial wireless [telecommunications]
facilities, equipment compound and wireless support
structure.
(5) The proposed collocation, modification or
replacement may not exceed the applicable wind loading and
structural loading requirements for the wireless support
structure.
(d) Setbacks, fall zones and aesthetics requirement.--
Setback, fall zone or aesthetic requirements must be
substantially similar to requirements imposed on other types of
commercial structures of a similar height.
(e) Prohibition.--A municipality may not institute, either
expressly or de facto, a moratorium on filing, receiving or
processing applications.
(f) Small cell facilities.--In addition to the limitations
and requirements in this section, the following requirements and
limitations apply to an application for the installation,
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replacement, collocation or modification of small wireless
facilities:
(1) A municipality may not require the placement of
small wireless facilities on a specific utility pole or
category of poles or require multiple antenna systems on a
single utility pole.
(2) A municipality may not limit the placement of small
wireless facilities by minimum separation distances or a
maximum height limitation; however, a municipality may limit
the height of a small wireless facility under subsection (c)
(2) and section 6.1(e).
(3) An application seeking to replace, modify, collocate
or install small wireless facilities within the jurisdiction
of a single municipality may, at the applicant's discretion,
file a consolidated application and receive a single permit
for the collocation of multiple small wireless facilities.
The applicant shall be permitted to submit up to 50 permit
requests for small wireless facilities on a single
application.
(4) No municipality shall have or exercise jurisdiction
or authority over the design, engineering, construction,
installation or operation of any small wireless facility
located in an interior structure or upon the site of any
campus, stadium or athletic facility not otherwise owned or
controlled by the municipality, other than to comply with
applicable codes.
(5) Permits or agreements for small wireless facilities
issued on or after the effective date of this subsection
shall be for an initial term of at least 10 years, with at
least three options for renewal for terms of five years,
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subject to terms providing for earlier termination for cause
or by mutual agreement.
Section 5. Enforcement.
(a) Appeal.--Any person adversely affected by any final
action or failure to act by a municipality that is inconsistent
with the provisions of this act may, within 30 days after the
action or failure to act, commence an action or an appeal in the
court of common pleas of the county where the wireless support
structure and wireless [telecommunications] facility is located.
(b) Hearing.--The court shall hear and decide the action on
an expedited basis and in accordance with the procedures
established by the Pennsylvania Municipalities Planning Code, 2
Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and 7 Subch. A (relating to judicial
review of Commonwealth agency action) or the Judiciary Act
Repealer Act, as the case may be, for the disposition of land
use appeals.
Section 6. Preservation of local governing authority.
(a) Construction.--Notwithstanding any other law, nothing in
this act shall be construed to:
(1) Limit or preempt the scope of a municipality's
review of zoning, land use or permit applications for the
siting of wireless support structures.
(2) Prevent a municipality from exercising its zoning
power, as provided for under the Pennsylvania Municipalities
Planning Code, municipal charter, municipal enabling act or
other zoning or land use ordinance or regulation.
(3) Prevent a municipality from regulating any
modification or collocation that substantially changes an
existing wireless support structure that is inconsistent with
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this act.
(b) Scope.--Nothing in this act authorizes the
Commonwealth or any political subdivision, including a
municipality, to require wireless facility deployment or to
regulate wireless services.
Section 2. The act is amended by adding sections to read:
Section 6.1. Use of public rights-of-way.
(a) Applicability.--The provisions of this section shall
apply to activities of a wireless provider within the ROW.
(b) Exclusive use prohibited.--A municipality may not enter
into an exclusive arrangement with any person for use of the ROW
for the construction, operation, marketing or maintenance of
wireless facilities or wireless support structures or the
collocation of small wireless facilities.
(c) ROW rates and fees.--The following apply:
(1) A municipality may charge a wireless provider the
same rate or fee it charges communications service providers
or publicly, cooperatively or municipally owned utilities for
the use of the ROW for the construction, installation,
collocation, mounting, maintenance, modification, operation
or replacement of a wireless facility or wireless support
structure. Any rate or fee charged must be limited to the
direct and actual cost of managing the ROW and competitively
neutral with regard to other occupants of the ROW. Rates or
fees may not:
(i) Result in a double recovery where existing
rates, fees or taxes already recover the direct and
actual costs of managing the rights-of-way.
(ii) Be in the form of a franchise or other fee
based on revenue or customer counts.
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(iii) Be unreasonable or discriminatory.
(iv) Violate any applicable law.
(v) Exceed an annual amount equal to $20 times the
number of utility poles or wireless support structures in
the municipality's geographic jurisdiction on which the
wireless provider has collocated a small wireless
facility antenna.
(2) A rate or fee schedule inconsistent with paragraph
(1) shall be reset to comply with the requirements of
paragraph (1) within 180 days of the effective date of this
section.
(d) Additional requirements and limitations.--The following
requirements and limitations apply to fees for installation,
replacement, collocation or modification of wireless facilities:
(1) A municipality may not require approval or require
fees or other charges for routine maintenance of small
wireless facilities or replacement of existing small wireless
facilities with wireless facilities that are substantially
similar, the same size or smaller.
(2) Notwithstanding any other provision of this act,
application fees for the installation, replacement,
collocation or modification of wireless facilities in the ROW
shall be as follows:
(i) For wireless facilities and wireless support
structures other than small wireless facilities, the
application fee shall not be in excess of the actual
reasonable costs to review and process the application,
or $1,000, whichever is less.
(ii) For small wireless facilities, the application
fee shall not be in excess of the actual, reasonable
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costs to review and process the application, or $100,
whichever is less.
(3) A municipality is permitted, on a nondiscriminatory
basis, to not charge a rate or fee for the use of the ROW for
the installation, replacement, collocation or modification of
a wireless facility or wireless support structure.
(e) Right-of-access.--
(1) Wireless providers shall have the right as a
permitted use not subject to zoning review or approval to
collocate wireless facilities and construct, modify, maintain
and operate utility poles, wireless support structures,
conduits, cables and related appurtenances and facilities:
(i) along, across, upon and under the ROW;
(ii) in the ROW in any zone; or
(iii) outside the ROW in property not zoned
exclusively for single-family residential use.
(2) The structures and facilities shall be constructed
and maintained as not to obstruct or hinder the usual travel
or public safety on the ROW or obstruct the legal use of the
ROW by other occupants. Notwithstanding subsection (f), each
new or modified utility pole and wireless support structure
installed in the ROW shall not:
(i) Exceed the greater of 10 feet in height above
the tallest existing utility pole in place as of the
effective date of this section in a location within 500
feet of the new pole in the same ROW or 50 feet above
ground level.
(ii) Extend more than 10 feet above an existing
utility pole or wireless support structure in place as of
the effective date of this section or above the height
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permitted for a new utility pole or wireless support
structure under this section.
(f) Expansion subject to zoning approval.--Wireless
providers shall have the right to construct, modify and maintain
a utility pole, wireless support structure or wireless facility
that exceeds these size limits along, across, upon and under the
ROW, subject to applicable zoning regulations and this act.
(g) Undergrounding requirements.--Applicants shall comply
with nondiscriminatory undergrounding requirements that are in
effect by June 1, 2017, to prohibit communications service
providers from installing structures in the ROW without prior
zoning approval in areas zoned for single-family residential
use, except that the requirements shall not prohibit the
replacement of existing structures.
(h) Discrimination.--The municipality, in the exercise of
its administration and regulation related to the management of
the ROW, must be competitively neutral to other users of the
ROW. Terms may not be unreasonable or discriminatory and may not
violate any applicable law.
(i) Damage and repair.--A municipality may require a
wireless provider to repair all damage to the ROW directly
caused by the activities of the wireless provider while
occupying, installing, repairing or maintaining a wireless
facility, wireless support structures or utility poles in the
ROW and to return the ROW to its functional equivalence. If the
wireless provider fails to make the repairs required by the
municipality within a reasonable time and after written notice,
the municipality may effect those repairs and charge the
wireless provider the documented cost of the repairs.
Section 6.2. Access to municipal poles.
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(a) Exclusive use prohibited.--A person owning or
controlling a municipal pole may not enter into an exclusive
arrangement with a person for the right to attach to utility
poles for the installation, replacement, collocation or
modification of wireless facilities.
(b) Rates for access to municipal poles.--The following
apply:
(1) Rates and fees shall be nondiscriminatory regardless
of the services provided by the wireless provider.
(2) Rates and fees shall recover the actual, direct and
reasonable costs related to the applicant's application for
and use of space on the municipal pole. The total annual rate
shall not exceed the lesser of actual, direct and reasonable
costs related to the collocation on the pole or $20 per year
per municipal pole. Municipal pole owners shall have the
burden of proving that the rates are reasonably related to
the actual, direct and reasonable costs incurred for use of
space on the pole.
(3) Utility pole owners with existing pole attachment
rates, fees or other terms inconsistent with this section
shall reform such rate, fee or term in compliance with this
subsection within 180 days of the effective date of this
section.
(c) Make-ready work.--The following apply:
(1) Owners of municipal poles shall comply with the
process for make-ready work under 47 U.S.C. § 224 relating to
pole attachments) and implementing regulations and shall make
a good faith estimate for any make-ready work necessary,
including pole replacement if necessary, within 60 days of
receipt of a completed application to install or collocate
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wire facilities.
(2) Owners of municipal poles are prohibited from
requiring more make-ready work than required to meet
applicable codes or industry standards.
(3) Fees for make-ready work shall not:
(i) Include costs related to preexisting or prior
damage or noncompliance.
(ii) Exceed actual costs or the amount charged to
other communications service providers for similar work.
(iii) Include consultant fees or expenses.
(d) Collocation on wireless support structures or utility
poles outside the ROW.--A municipality shall authorize the
collocation of wireless facilities on utility poles or wireless
support structures owned by the municipality which are not
located within the ROW to the same extent the municipality
permits access to the same type of poles or structures for other
commercial projects or uses. The rates, terms and conditions for
agreements shall be just and reasonable, cost-based,
nondiscriminatory and competitively neutral and shall comply
with all applicable Federal and State laws as provided in an
agreement between the municipality and the wireless provider.
(e) Surety.--A locality shall not impose surety
requirements, including bonds, escrow deposits, letters of
credit or any other type of financial surety to ensure that
abandoned or unused facilities can be removed, unless the
authority imposes similar requirements on other permits for
other types of commercial development or land uses and the
instrument does not exceed a reasonable estimate of the direct
cost of the removal of the facility. If surety requirements are
imposed, the requirements must be competitively neutral,
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nondiscriminatory, reasonable in amount and commensurate with
the historical record for local facilities and structures that
are abandoned and shall not exceed $25,000 per surety
requirement.
Section 6.3. Indemnification.
A municipality may not require a wireless provider to:
(1) indemnify and hold the municipality and its officers
and employees harmless against any claims, lawsuits,
judgments, costs, liens, losses, expenses or fees, except
when a court of competent jurisdiction has found that the
negligence of the wireless provider while installing,
repairing or maintaining caused the harm that created claims,
lawsuits, judgments, costs, liens, losses, expenses or fees;
or
(2) require a wireless provider to obtain insurance
naming the municipality or its officers and employees an
additional insured against any of the foregoing.
Section 6.4. Prohibitions.
(a) General rule.--Municipalities are prohibited from
adopting new zoning ordinances or revising existing zoning
ordinances with provisions that have the force or effect of
requiring an applicant to pay rates or fees to a third-party
vendor contracted by the municipality to assist with the
application process or make-ready work for the installation,
collocation, replacement or modification of wireless facilities.
Existing municipal ordinances that contain a provision requiring
an applicant to pay rates or fees to a third-party vendor shall
be modified to remove the provision within 60 calendar days of
the effective date of this act.
(b) Third-party vendors.--Any third-party vendor contracted
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by a municipality to assist with the drafting of a new ordinance
or modification of an existing ordinance enacted by the
municipality that violates any provision of this act or Federal
law shall be subject to a fine not to exceed $10,000 per
violation.
Section 3. This act shall take effect in 60 days.
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