THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

SENATOR FOLMER, COMMUNICATIONS AND TECHNOLOGY, AS AMENDED, JUNE 13, 2012   

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.

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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.

Section 2.  Definitions.

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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 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.

"Application."  A formal request submitted to the

municipality to modify 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

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.

"Electrical transmission tower."  An electrical transmission

structure used to support overhead power lines consisting of 69

kilovolt or greater conducting lines, generally of steel

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 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.

"Pennsylvania Municipalities Planning Code."  The act of July

31, 1968 (P.L.805, No.247), known as the Pennsylvania

Municipalities Planning Code.

"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.

"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.

"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 support structure." A freestanding structure, such

as a guyed or self-supporting monopole or tower, electrical

transmission tower, water tower 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 support structures.

(a)  Limitations.--Municipalities that have adopted zoning

ordinances and land use regulations for the placement of

wireless support structures may not require any additional

requirements on the applicant for the collocation on a wireless

support structure or the modification of a wireless

telecommunications facility that has the force or effect of:

(1)  Regulating the collocation, replacement or

modification of antennas, accessory equipment or wireless

telecommunications facilities upon an existing wireless

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 replacement, collocation or modification of

wireless telecommunications facilities upon existing wireless

support structures or within existing equipment compounds.

(3)  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.

(4)  Requiring an applicant to provide justification for

radio frequency need.

(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 regulatory treatment of mobile

services).

(6)  Requiring an applicant to justify the need for or

the technical, business or service characteristics of the

proposed wireless telecommunications facilities.

(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,

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 30 calendar days of the date an application

for modification or collocation is filed with the

municipality, 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 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,

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

telecommunications facilities within 90 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 period within which the

municipality's failure to act shall result in a deemed

approval.

(c) Requirements.--The process under this section shall apply

to all applications for modification, replacement and

collocation that 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

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.

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 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.

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

this act.

Section 7.  Effective date.

This act shall take effect in 60 days.