PRINTER'S NO. 2072
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1400
Session of
2019
INTRODUCED BY FARRY, SCHWEYER, ROAE, BURGOS, A. DAVIS, THOMAS,
MILLARD AND SANKEY, JUNE 11, 2019
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 11, 2019
AN ACT
Providing for small wireless facilities deployment.
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 Small
Wireless Facilities Deployment 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." Equipment serving or being used in
conjunction with a small wireless facility.
"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
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code organization or local amendments to those codes enacted
solely to address imminent threats of destruction of property or
injury to persons.
"Applicant." A wireless provider that submits an
application.
"Application." A request submitted by an applicant to a
municipality:
(1) for a permit to collocate small wireless facilities;
or
(2) to approve the installation, modification or
replacement of a utility pole with small wireless facilities
attached.
"Cable facility." Buildings, other structures and equipment
used by the owner or operator of a cable television system to
provide service. As used in this definition, the term "cable
television system" shall have the meaning given to it in section
501-B(1) of the act of April 6, 1951 (P.L.69, No.20), known as
The Landlord and Tenant Act of 1951.
"Collocation" or "collocate." To install, mount, maintain,
modify or replace small wireless facilities on an existing
utility pole or other wireless support structure.
"Communications facility." A set of equipment and network
components, including wires and cables and associated
facilities, used by a communications service provider to provide
a communications service.
"Communications service provider." Any of the following:
(1) A cable operator as defined in section 522(5) of the
Cable Communications Policy Act of 1984 (47 U.S.C. § 522(5)).
(2) A provider of information service as defined in
section 153(24) of the Cable Communications Policy Act of
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1984 (47 U.S.C. § 153(24)).
(3) A telecommunications carrier as defined in section
153(51) of the Cable Communications Policy Act of 1984 (47
U.S.C. § 153(51)).
(4) A wireless provider.
"Decorative pole." A municipal pole that is specially
designed and placed for aesthetic purposes.
"Electrical transmission structure." A 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.
"Historic district." A group of buildings, properties or
sites that are:
(1) Listed in the National Register of Historic Places
or formally determined eligible for listing by the Keeper of
the National Register.
(2) Determined to be eligible for listing by the Keeper
of the National Register of Historic Places who has been
delegated the authority by a Federal agency to list
properties and determine their eligibility for the National
Register of Historic Places in accordance with section
VI.D.1.a.i-v of the Nationwide Programmatic Agreement for
Review Regarding the Section 106 National Historic
Preservation Act Review Process (47 CFR Pt. 1, App. C).
(3) Marked as a historical site by the Pennsylvania
Historical and Museum Commission pursuant to 37 Pa.C.S.
(relating to historical and museums).
(4) Within a historic district created pursuant to the
act of June 13, 1961 (P.L.282, No.167), entitled "An act
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authorizing counties, cities, boroughs, incorporated towns
and townships to create historic districts within their
geographic boundaries; providing for the appointment of
Boards of Historical Architectural Review; empowering
governing bodies of political subdivisions to protect the
distinctive historical character of these districts and to
regulate the erection, reconstruction, alteration,
restoration, demolition or razing of buildings within the
historic districts."
"Micro wireless facility." A small wireless facility that:
(1) does not exceed two cubic feet in volume; and
(2) has an exterior antenna no longer than 11 inches.
"Modification" or "modify." The improvement, upgrade or
replacement of a small wireless facility or an existing utility
pole that does not substantially change, as defined in 47 C.F.R.
1.6100(b)(7) (relating to wireless facility modifications), the
physical dimension of the small wireless facility or utility
pole.
"Municipality." Any of the following:
(1) A city of the first, second, second class A or third
class.
(2) A borough.
(3) An incorporated town.
(4) A township of the first or second class.
(5) A county.
(6) A home rule municipality.
(7) A similar general purpose unit of government
established by the General Assembly.
"Municipal ordinance." A zoning ordinance or other ordinance
pertaining to activities conducted within a right-of-way.
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"Municipal pole." A utility pole owned, managed or operated
by or on behalf of a municipality.
"Right-of-way." The area on, below or above a public
roadway, highway, street, sidewalk, alley, utility easement or
similar property. The term does not include a Federal interstate
highway.
"Small wireless facility." The equipment and network
components, including antennas, transmitters and receivers, used
by a wireless provider that meet the following qualifications:
(1) Each antenna can fit within an enclosure of no more
than six cubic feet in volume.
(2) The volume of all other equipment associated with
the wireless facility, whether ground-mounted or pole-
mounted, is cumulatively no more than 28 cubic feet. As used
in this paragraph, the following associated ancillary
equipment are not included in the calculation of equipment
volume:
(i) Electric meter.
(ii) Concealment elements.
(iii) Telecommunications demarcation box.
(iv) Grounding equipment.
(v) Power transfer switch.
(vi) Cut-off switch.
(vii) Vertical cable runs for the connection of
power and other services.
"Technically feasible." By virtue of engineering or spectrum
usage, the proposed placement for a small wireless facility or
its design or site location can be implemented without a
reduction in the functionality of the small wireless facility.
"Utility facility." Buildings, other structures and
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equipment owned or operated by a public utility, as defined in
66 Pa.C.S. § 102 (relating to definitions), to provide service.
"Utility pole." A pole or similar structure that is or may
be used, in whole or in part, by or for telecommunications,
electric distribution, lighting, traffic control, signage or a
similar function or for collocation. The term includes the
vertical support structure for traffic lights but does not
include wireless support structures or horizontal structures to
which signal lights or other traffic control devices are
attached.
"Wireless facility." As follows:
(1) Equipment at a fixed location that enables wireless
service between user equipment and a communications network,
including any of the following:
(i) Equipment associated with wireless services.
(ii) Radio transceivers, antennas, coaxial or fiber
optic cables, regular and backup power supplies or
comparable equipment, regardless of technological
configuration.
(2) The term includes a small wireless facility.
(3) The term does not include any of the following:
(i) The structure or improvements on, under or
within which the equipment is collocated.
(ii) The coaxial or fiber optic cables that are not
immediately adjacent to or directly associated with a
particular antenna.
"Wireless infrastructure provider." A person authorized to
provide telecommunications service in this Commonwealth that
builds or installs wireless communication transmission
equipment, wireless facilities or wireless support structures
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but is not a wireless services provider.
"Wireless provider." A wireless infrastructure provider or a
wireless services provider.
"Wireless services." Services, whether at a fixed location
or mobile, using a licensed or unlicensed spectrum, provided to
the public using wireless facilities.
"Wireless services provider." A person who provides wireless
services.
"Wireless support structure." The term shall have the same
meaning given to it in the act of October 24, 2012 (P.L.1501,
No.191), known as the Wireless Broadband Collocation Act.
Section 3. Use of right-of-way for small wireless facilities
and utility poles with small wireless facilities
attached.
(a) Applicability.--The provisions of this section shall
only apply to activities of a wireless provider within the
right-of-way to deploy small wireless facilities and associated
new utility poles with small wireless facilities attached.
(b) Exclusive use prohibited.--A municipality shall not
enter into an exclusive arrangement with any person for use of
the right-of-way for:
(1) collocation; or
(2) the installation, operation, modification or
replacement of utility poles with small wireless facilities
attached.
(c) Right-of-way rates and fees.--A municipality shall have
the right to charge an annual fee for the use of the right-of-
way. An annual right-of-way fee shall not exceed $100 per small
wireless facility or $100 per new utility pole with a small
wireless facility.
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(d) Right of access.--
(1) Under the provisions of this act, including those
governing municipal approvals, and with the permission of the
owner of the structure, a wireless provider shall have the
right to perform the following within the right-of-way:
(i) Collocate.
(ii) Replace an existing utility pole or install a
new utility pole with attached small wireless facilities.
(2) All structures and facilities shall be installed and
maintained so as not to obstruct nor hinder travel or public
safety within the right-of-way or obstruct the legal use of
the right-of-way by the municipality and utilities.
(e) Size limits.--
(1) Each new or modified small wireless facility
installed in the right-of-way shall be installed on an
existing utility pole or a new utility pole subject to the
following:
(i) The installation of a small wireless facility on
an existing utility pole shall not extend more than five
feet above the existing utility pole.
(ii) If collocation cannot be achieved under section
4(i), a small wireless facility may be installed on a new
utility pole. The maximum permitted height of the
facility, which shall include the utility pole and small
wireless facility, shall not be taller than 50 feet above
ground level.
(2) Subject to the provisions of this act, a wireless
provider may collocate or install a new utility pole with
small wireless facilities attached that exceeds these height
limits along, across and under the right-of-way by including
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a height limit waiver request in the application. Height
limit waivers shall be processed subject to applicable zoning
regulations.
(f) Underground district.--A wireless provider shall comply
with reasonable and nondiscriminatory requirements that prohibit
communications service providers from placing or installing
structures in the right-of-way in an area designated solely for
underground or buried cable facilities and utility facilities if
the municipality:
(1) Requires all cable facilities and utility
facilities, other than municipal poles and attachments, to be
placed underground by a date certain that is three months
prior to the submission of the application.
(2) Does not prohibit the replacement of municipal poles
in the designated area.
(3) Permits wireless providers to seek a waiver of the
underground requirements for the installation of a new
utility pole to support small wireless facilities. Upon the
submission of a request for a waiver by a wireless provider,
the municipality may require a public hearing and, with the
approval of the property owner, permit a waiver request.
Waivers shall be addressed in a nondiscriminatory manner.
(g) Historic district.--Except for facilities excluded from
evaluation for effects on historic properties under 47 CFR
1.1307(a)(4) (relating to actions that may have a significant
environmental effect, for which Environmental Assessments (EAs)
must be prepared), a municipality may require reasonable,
technically feasible, nondiscriminatory and technologically
neutral design or concealment measures in a historic district.
Any design or concealment measures may not have the effect of
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prohibiting any provider's technology or be considered a part of
the small wireless facility for purposes of the size
restrictions of small wireless facilities.
(h) Discrimination prohibited.--The municipality, in the
exercise of its administration and regulation related to the
management of the right-of-way, must be competitively neutral
with regard to other users of the right-of-way. Terms may not be
unreasonable or discriminatory and may not violate any
applicable law.
(i) Damage and repair.--A wireless provider shall repair all
damage to the right-of-way or any other land so disturbed,
directly caused by the activities of the wireless provider and
return the right-of-way to its functional equivalence as it
existed prior to any work being done in the right-of-way by the
wireless provider. If the wireless provider fails to make the
repairs required by the municipality within 30 days after
written notice, the municipality may perform those repairs and
charge the wireless provider the reasonable, documented cost of
the repairs plus a penalty not to exceed $500. The municipality
may suspend the ability of an applicant to receive a new permit
from the municipality until the applicant has paid the amount
assessed for the repair costs and the assessed penalty. The
municipality may not suspend the ability of an applicant to
receive a new permit that has deposited the amount assessed for
the repair costs and the assessed penalty in escrow pending an
adjudication of the merits of the dispute by a court of
competent jurisdiction.
(j) Communications services.--The approval of the
installation, placement, maintenance or operation of a wireless
facility under this section shall not authorize the provision of
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any communications services without compliance with all
applicable laws or the installation, placement, maintenance or
operation of any communications facilities other than wireless
facilities and associated utility poles in the right-of-way.
Section 4. Permitting process for small wireless facilities and
utility poles within right-of-way.
(a) Applicability.--The provisions of this section shall
apply to a municipality's permitting of small wireless
facilities by a wireless provider or the installation,
modification and replacement of utility poles with small
wireless facilities attached by a wireless provider within the
right-of-way.
(b) Review.--An application under this section shall be
reviewed for conformance with the municipality's applicable
codes, including requirements applicable to the added structural
loading of the proposed small wireless facility.
(c) Permits.--
(1) A municipality may require an applicant to obtain
one or more permits of general applicability to perform the
following within the right-of-way:
(i) Collocate, maintain and modify small wireless
facilities.
(ii) Replace existing utility poles for collocation.
(iii) Install new utility poles with attached small
wireless facilities.
(2) Permits of general applicability shall not apply
exclusively to small wireless facilities. A municipality
shall receive applications for collocation or for
installation, modification or replacement of utility poles
with small wireless facilities attached and process and issue
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permits, subject to the following requirements:
(i) A municipality 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 municipality, including reserving fiber, conduit or
pole space for the municipality.
(ii) An applicant shall not be required to provide
more information to obtain a permit than other
communications service providers or to provide
justification for capacity or radio frequency. An
applicant may be required to:
(A) Include documentation with an application
that includes construction and engineering drawings,
as well as documentation demonstrating that the
applicant has obtained all necessary approvals from
the pole owner.
(B) Self-certify that the filing and approval of
the application is required by the wireless provider
to provide additional capacity or coverage for
wireless services. Nothing in this subsection shall
be construed to permit a municipality to require an
applicant to submit information about an applicant's
business decisions with respect to its service,
customer demand for service or quality of service.
(iii) A municipality may not require the placement
of small wireless facilities on any specific utility pole
or category of poles or require multiple antenna systems
on a single utility pole.
(iv) A municipality may not limit the placement of
small wireless facilities by minimum separation
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distances.
(v) A municipality shall have the authority to
prohibit collocation on a decorative pole. The
municipality and wireless provider shall work
cooperatively to determine whether the collocation can
occur if the wireless provider replaces the decorative
pole in a manner that shall conform to the design
aesthetics of the decorative pole being replaced.
(d) Completed application.--Within 10 business days of
receiving an application, a municipality must determine and
notify the applicant in writing whether the application is
incomplete. If an application is incomplete, the notice must
specifically identify the missing information. The processing
deadline shall restart at zero on the date the applicant
provides the missing information. The processing deadline may be
tolled by agreement of the applicant and the municipality.
(e) Deadlines.--An application shall be processed on a
nondiscriminatory basis and deemed approved if the municipality
fails to approve or deny the application within 60 days of
receipt of a complete application to collocate and within 90
days of receipt of a complete application to replace an existing
utility pole or install a new utility pole with small wireless
facilities attached.
(f) Denial.--
(1) A municipality may only deny an application under
this section that does not meet the requirements of this act
or a municipal ordinance consistent with this act if the
granting of a permit:
(i) Would materially interfere with the safe
operation of traffic control equipment, sight lines or
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clear zones for transportation or pedestrians or
compliance with the Americans with Disabilities Act of
1990 (Public Law 101-336, 104 Stat. 327) or similar
Federal or State standards regarding pedestrian access or
movement.
(ii) Fails to comply with reasonable and
nondiscriminatory spacing requirements of general
application adopted by ordinance that concern the
location of ground-mounted equipment and new utility
poles. The spacing requirements shall not prevent or have
the effect of preventing a wireless provider from serving
any location.
(iii) Fails to comply with applicable codes.
(2) Within 60 days of receiving a complete application,
the municipality shall document the basis for a denial,
including the specific code provisions on which the denial
was based, and send the documentation to the applicant within
five business days of the denial.
(3) The applicant may cure the deficiencies identified
by the municipality and resubmit the application within 30
days of the denial. The applicant shall not be required to
pay an additional application fee if the applicant's revised
application addresses all deficiencies listed in the denial.
The municipality shall approve or deny the revised
application within 30 days of the application being
resubmitted for review or the resubmitted application shall
be deemed approved 30 days after resubmission. Any subsequent
review shall be limited to the deficiencies cited in the
denial. If the resubmitted application addresses or changes
other sections of the application that were not previously
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denied, the municipality shall be given an additional 15 days
to review the resubmitted application and may charge an
additional fee for the review.
(g) Consolidated application.--An applicant seeking to
collocate within the jurisdiction of a single municipality shall
be allowed at the applicant's discretion to file a consolidated
application for collocation of multiple small wireless
facilities as follows:
(1) The consolidated application does not exceed 20
small wireless facilities.
(2) The denial of one or more small wireless facilities
in a consolidated application shall not delay processing of
any other small wireless facilities in the same consolidated
application.
(3) A single applicant may not submit more than one
consolidated or 20 single applications in a 30-day period in
a municipality with a population of less than 50,000. If a
municipality with a population of less than 50,000 receives
more than one consolidated application or 20 single
applications within a 45-day period, the processing deadline
shall be extended 15 days in addition to the processing
deadline specified under subsection (d) to allow the
municipality to complete its initial review under subsection
(d).
(4) For the purpose of counting the number of small
wireless facilities each applicant has before a single
municipality at a given time, the following apply:
(i) Small wireless facilities and poles that a
wireless provider applicant has requested a third party
to deploy and that are included in a pending application
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by the third party shall be counted as pending requests
by the wireless provider applicant.
(ii) When the processing of an application is tolled
under paragraph (3), the application shall no longer
count as pending. As the processing of applications is
completed, the municipality shall begin processing
previously tolled applications in the order in which the
tolled applications were submitted, unless the applicant
specifies a different order.
(h) Time limit for work.--The proposed collocation, the
modification or replacement of a utility pole or the
installation of a new utility pole with small wireless
facilities attached for which a permit is granted under this
section shall be completed within one year of the permit
issuance date unless the municipality and the applicant agree to
extend the period.
(i) Utility poles.--When applying to install a new utility
pole under this act, the municipality may require the wireless
provider to demonstrate that it cannot meet the service
reliability and functional objectives of the application by
collocating on an existing utility pole or municipal pole
instead of installing a new utility pole. The municipality may
require the wireless provider to self-certify that the wireless
provider has made this determination in good faith and to
provide a documented summary of the basis for the determination.
The wireless provider's determination shall be based on whether
the wireless provider can meet the service objectives of the
application by collocating on an existing utility pole or
municipal pole on which:
(1) The wireless provider has the right to collocation.
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(2) The collocation would not impose technical
limitations or additional costs.
(3) The collocation would not obstruct or hinder travel
or public safety.
(j) Approval.--Approval of an application authorizes the
applicant to:
(1) Collocate on an existing utility pole, modify or
replace a utility pole or install a new utility pole with
small wireless facilities attached.
(2) Subject to the permit requirements and the
applicant's right to terminate at any time, operate and
maintain small wireless facilities and any associated
equipment on a utility pole covered by the permit for a
period of not less than five years, which shall be renewed
for two additional five-year periods if the applicant is in
compliance with the criteria set forth in this act or a
municipal ordinance consistent with this act and the
applicant has obtained all necessary consent from the utility
pole owner.
(k) Removal of equipment.--Within 60 days of suspension or
revocation of a permit due to noncompliance with this act or a
municipal ordinance consistent with this act, the applicant
shall remove the small wireless facility and any associated
equipment after receiving adequate notice and an opportunity to
cure any noncompliance.
(l) Moratorium prohibited.--A municipality may not
institute, either expressly or de facto, a moratorium on:
(1) filing, receiving or processing applications; or
(2) issuing permits for:
(i) collocation;
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(ii) modification or replacement of utility poles to
support small wireless facilities; or
(iii) installation of new utility poles to support
small wireless facilities.
(m) When applications not required.--
(1) A municipality shall not require an application for:
(i) Routine maintenance or repair work.
(ii) The replacement of small wireless facilities
with small wireless facilities that are similar or the
same size or smaller.
(iii) The installation, placement, maintenance,
operation or replacement of micro wireless facilities
that are strung on cables between existing utility poles
by or for a communications service provider authorized to
occupy the right-of-way, in compliance with the National
Electrical Safety Code.
(2) A municipality may require a permit to perform work
within the right-of-way for the activities under paragraph
(1) or subsection (c), if applicable for work that involves
excavation, closure of a sidewalk or closure of a vehicular
lane. Permits shall be subject to the requirements provided
in this act or a municipal ordinance consistent with this
act.
(n) Application fees.--Application fees shall be subject to
the following requirements:
(1) A municipality shall have the right to charge an
application fee for the review of a permit application and
plans submitted for the work to be done within the right-of-
way. A municipality may charge a one-time application fee of
up to $500 for an application seeking approval for no more
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than five small wireless facilities and up to $100 for each
small wireless facility beyond five.
Section 5. Access to municipal poles within right-of-way.
(a) Applicability.--The provisions of this section shall
apply to activities of the wireless provider within a right-of-
way.
(b) Exclusive use prohibited.--A municipality may not enter
into an exclusive arrangement with any person for the right to
collocate on municipal poles.
(c) Collocation.--A municipality shall allow collocation on
municipal poles using the process required under this act or a
municipal ordinance consistent with this act unless the small
wireless facility would cause structural or safety deficiencies
to the municipal pole, in which case the municipality and
applicant shall work together for any make-ready work or
modifications or replacements that are needed to accommodate the
small wireless facility. All structures and facilities shall be
installed and maintained so as not to obstruct nor hinder travel
or public safety within the right-of-way.
(d) Rates.--The rates to collocate on municipal poles shall
not exceed $170 per small wireless facility per year.
(e) Implementation and make-ready work.--
(1) The rates, fees and terms and conditions for the
make-ready work to collocate on a municipal pole must be
nondiscriminatory, competitively neutral and commercially
reasonable and must comply with this act.
(2) The municipality shall provide a good faith estimate
for any make-ready work necessary to enable the municipal
pole to support the requested collocation by a wireless
provider, including pole replacement if necessary, within 60
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days after receipt of a complete application. Make-ready
work, including pole replacement, shall be completed within
60 days of written acceptance of the good faith estimate by
the applicant. A municipality may require replacement of the
municipal pole only if the municipality demonstrates that the
collocation would make the municipal pole structurally
unsound.
(3) The municipality shall not require more make-ready
work than required to meet applicable codes or industry
standards. Fees for make-ready work on a nonreplacement
municipal pole shall not include costs related to preexisting
or prior damage or noncompliance. Fees for make-ready work,
including replacement, shall not exceed actual costs or the
amount charged to other similarly situated communications
service providers for similar work and shall not include any
consultant fees or expenses that are charged on a contingency
basis.
(f) Future use.--A municipality may reserve space on an
existing municipal pole for future public safety or
transportation uses in a documented and approved plan as adopted
at the time an application is filed. A reservation of space
shall not preclude collocation, the replacement of an existing
utility pole or the installation of a new utility pole. If the
replacement of a municipal pole is necessary to accommodate
collocation and the reserved future use, the wireless provider
shall pay for the replacement municipal pole and the municipal
pole shall accommodate the future use.
Section 6. Local authority.
Subject to the provisions of this act and applicable Federal
and State law, nothing in this act shall be construed to:
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(1) Limit or preempt the scope of a municipality's
review of zoning, land use, planning and permitting authority
as it relates to small wireless facilities.
(2) Grant the authority to a municipality to exercise
jurisdiction over the design, engineering, construction,
installation or operation of a small wireless facility
located in an interior structure or on the site of a campus,
stadium or athletic facility not owned or controlled by the
municipality, other than to comply with applicable codes.
Nothing in this act authorizes the Commonwealth or any
municipality to require small wireless facility deployment or
to regulate wireless services.
Section 7. Implementation.
(a) Ordinances.--A municipality may adopt ordinances that
comply with this act and shall amend existing ordinances as
necessary to comply with this act within 60 days of the
effective date of this section. If a municipality does not adopt
an ordinance that complies with this act, applications seeking
permits to collocate, modify or replace existing utility poles
or install new utility poles shall be processed in compliance
with this act. A municipality shall not require a wireless
provider to enter into an agreement to implement this act.
Nothing in this subsection shall be construed to prohibit an
agreement between a municipality and a wireless provider to
implement this act if nondiscriminatory and entered into
voluntarily.
(b) Agreements.--All agreements between municipalities and
wireless service providers that are in effect on the effective
date of this act shall remain in effect, subject to any
termination provisions in the agreements. When an application is
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submitted after the effective date of this act, a wireless
provider may elect to have the rates, fees, terms and conditions
established under this act apply to the small wireless facility
or utility pole installed after the effective date of this act.
(c) Rate or fee adjustments.--
(1) If the Federal Communications Commission adjusts its
levels for fees under section 253 of the Cable Communications
Policy Act of 1984 (Public Law 98-549, 47 U.S.C. § 253) or
332(c)(7) (47 U.S.C. § 332(c)(7)), a municipality may adjust
any impacted rate or fee under sections 3(c), 4(n)(1) or
5(d), on a pro rata basis, and consistent with the Federal
Communications Commission's adjustment.
(2) If, in a final adjudication not subject to further
appeal or to review by the United States Supreme Court, a
Federal court reviewing Accelerating Wireless Broadband
Deployment by Removing Barriers to Infrastructure Investment,
et al., Declaratory Ruling and Third Report and Order, WT
Docket No. 17-79 and WC Docket No. 17-84, FCC 18-133268
(released September 27, 2018), reverses or repeals the rates
outlined in that Federal Communications Commission order,
then the monetary caps under sections (3)(c), (4)(n)(1) and
(5)(d) may increase 1.5% annually beginning January 1, 2021,
at the discretion of a municipality.
Section 8. Indemnification.
Except for a wireless provider with an existing franchise to
occupy and operate in a right-of-way, a wireless provider shall
indemnify and hold the municipality and its officers, employees
and agents harmless against any claims, lawsuits, judgments,
costs, liens, expenses or fees or any other damages sought that
are found by a court of competent jurisdiction to have been
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caused solely by the negligent act, error or omission of the
wireless provider or its officers, agents, employees, directors,
contractors or subcontractors while installing, repairing or
maintaining small wireless facilities or utility poles within
the right-of-way.
Section 9. Construction.
(a) Obligations.--Nothing in this act shall be construed to
impact, modify or supersede any construction standard,
engineering practice, tariff provision, contractual obligation
or right, Federal or State law or regulation relating to
facilities or equipment owned or controlled by an electric
distribution company or its affiliate, an electric cooperative
or an independent transmission company that is not a wireless
provider.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Electric distribution company." As defined in 66 Pa.C.S. §
2803 (relating to definitions).
"Facilities." As defined in 66 Pa.C.S. § 102 (relating to
definitions).
Section 10. Effective date.
This act shall take effect in 60 days.
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