AN ACT TO FACILITATE THE DEPLOYMENT OF MOBILE BROADBAND AND OTHER ENHANCED WIRELESS COMMUNICATIONS SERVICES BY STREAMLINING THE PROCESSES USED BY STATE AGENCIES AND LOCAL GOVERNMENTS TO APPROVE THE PLACEMENT OF WIRELESS FACILITIES IN THEIR JURISDICTIONS. Enacted June 26, 2013. Section 3 is effective June 26, 2013. The remainder is effective October 1, 2013.
Summary date: Jul 1 2013 - View summary
Summary date: Jun 11 2013 - View summary
Senate amendment makes the following changes to the 3rd edition.
Amends GS 153A-349.53(a3), providing that a county can impose a fee not to exceed $1,000 for technical consultation and the review of a collocation or eligible facilities request application (previously, could impose a fee for technical consultation and the review of a collocation application only).
Summary date: Jun 6 2013 - View summary
Senate committee substitute makes the following changes to the 2nd edition.
Amends GS 160A-400.53 to clarify that a city may impose a fee, not to exceed $1,000, for technical consultation and review of a collocation or eligible facilities application (was, for a collocation application).
Amends GS 153A-349.53 to provide that a county may engage the services of athird-party consultant for technical consultation and review of a collocation or eligible facilities request application (was, fora collocation application).
Amends GS 146-29.2 to clarify that the state may lease real property, or may grant an easement or license with an interest in real property, for specified communication purposes. Requires the approval of the Secretary of the Department of Environment and Natural Resources forland in the State Parks System, as defined in GS 113-449.9, to be leased or conveyed for the purposes of this section (to facilitate efficient integration of facilities to provideadvanced mobile broadband and wireless telecommunications services). Requires that the lease or conveyance of land in the State Parks System for the purposes of this section must comply with the requirements of Articles 2 and 2C of GS Chapter 113 (was, comply with the requirements of Article 2C). Reinstates previously deleted provision that directs the state tochoose a location for a communications tower in the State Parks System that minimizes the visual impact on the surrounding landscape. Prohibits leasing or conveying land acquired or developed using funds from the Federal Land and Water Conservation Fund for the purposes of this section.
Summary date: May 8 2013 - View summary
Note: This act makes identical changes to GS Chapter 160A (pertaining to the local governments of cities and towns) and GS Chapter 153A (pertaining to county governments) establishing thatthe relevant statutes seekto ensure safe and efficient integrationof facilities necessary for the provision of advanced mobile broadband and wireless telecommunications.
House committee substitute makes the following changes to the 1st edition.
Corrects cites to federal law in GS 160A-400.50 and GS 153A-349.50and modifies each section to clarify that the placement, construction, or modification of wireless communications facilities must also bein conformity with section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47 USC �_ 1455(a) in addition to conforming with the Federal Communications Act and rules promulgated by the Federal Communications Commission (FCC).
Amends GS 160-400.51 and GS 153A-349.51 to add definitions for the following terms: (1) base station, and (2) eligible facilities request. Modifies the definitions for(1) collocation, (2) substantial modification, and (3) wireless facility. Replaces the term equipment enclosure with equipment compound.
Deletes changes to GS 160A-400.52(a) and GS 153A-349.52(a). Makes an organizational change, recodifying existingGS 160A-400.52(a) as new GS 160A-400.51A and GS 153A-349.52(a) as new GS 153A-349.51A to provide local authority to regulate the selection of location or modificationof wireless support structures and wireless facilities in accordance with land development regulationsand consistent with the provisions of new Part 3Eof GS Chapter 160A and Part 3B of GSChapter 153A.
Clarifies that the provisions of GS 160A-400.52 and GS 153A-349.52 do not apply to the substantial modification of a wireless facility and does apply to a new wireless support structure.Provides that alocal authority may not require information concerning the need for the wireless support structure, or business information to justify the need for the new wireless support structure. Specifies items for which a fee for review of an application may not be used.
Deletes the requirement that a written decision approving or denying a collocation application be issued within 45 days when the application isentitled to streamlined processing; however,clarifies that a written decision to approve or deny a collocation application that is not an eligible facilities request must be rendered within 45 days of the application being deemed complete. Also requires the local authority to issue a written decision approving an eligible facilities request application within 45 days of the application being deemed complete.
Amends GS 160A-400.53 and GS 153A-349.53 to provide guidelines governing collocation and eligible facilities requests of wireless support structures (was, collocation and other nonsubstantial modifications of wireless facilities).
Increases the fee that a local authority may impose for technical consultation and review of a collocation application to $1,000 (was, $500).
Amends GS 146-29.2 to provide that the state may lease real property, or grant an easement or license with an interest in real property for use to (1) construct, install, and operate towers and equipment on state land, or to (2) install and operate equipment on towers, buildings, or ground area owned or leased by the state. Adds definitions for the following terms as used in this section: (1) antenna, (2) buildings, (3) collocation, (4) equipment, (5) ground area, (6) provider, and (7) tower. Provides requirements to which the Department of Administration (Department) is to adhere in constructing new towers on state land and encouraging the collocation of equipment on existing towers and buildings owned by the state, as long as the requirements are feasible and determined to be in the best interest of the state by the Department.
Provides that the Governor, pursuant to GS 143-341(4)f., and acting with the approval of the Council of State, may adopt rules authorizing the Department to enter into or approve classes of leases, easements, or licenses with an interest in real property for the purposes set out in this section. Prohibits leasingor conveyinglands in the State Parks System, as defined in GS 113-44.9, for the purposes of this section except as provided in Article 2C of GS Chapter 113 (the State Parks Act). Deletes lease provisions for communication towers from this section.
Changes to GS Chapter 160A and GS Chapter 153A become effective October 1, 2013 and apply to applications received on or after that date. The remainder of this act is effective when it becomes law.
Amends the act's title.
Summary date: Apr 11 2013 - View summary
Amends GS 160A-400.50 and GS 153A-349.50 (Purpose and compliance with federal law), establishing that this section seeks to ensure safe and efficient integration of facilities necessary for the provision of advanced mobile broadband and wireless telecommunications. Provides that the deployment of wireless infrastructure is critical to ensuring first responders can provide for the health and safety of all residents of North Carolina and that it is the state's policy to facilitate the placement of wireless communications support structures in all areas of North Carolina, in compliance with the federal Middle Class Tax Relief and Job Creation Act of 2012.
Amends GS 160A-400.51 and GS 153A-349.51 (Definitions), providing new terms and definitions for these sections, including collocation, equipment compound, substantial modification, and water tower.
Amends GS 160A-400.52 and GS 153A-349.52, providing for new section titles Construction of new wireless support structures or substantial modifications of wireless support structures (was, Construction of wireless facilities and wireless support structures). Allows cities and counties to plan for and regulate the siting and modification of new wireless support structures or the substantial modification of wireless support structures and facilities in accordance with land development regulations. Makes conforming changes, establishing the requirements when there is substantial modification of wireless support structures or wireless facilities, essentially establishing that only instances of substantial modification (not just a modification) require further review, approval, compliance, and permitting with local code, zoning, and land-use regulations. Makes reorganizational changes involving collocations applications, deleting and placing in the sections discussed below. Makes conforming changes.
Amends GS 160A-400.53 and GS 153A-349.53, providing a new title Collocation and other nonsubstantial modifications of wireless facilities (was, Collocation of wireless facilities). Reincorporates the language and requirements of collocation applications. Establishes that a city or county may impose a fee, not to exceed $500, for technical consultation and the review of collocation applications. Provides that fees imposed for the review of collocation applications cannot be used for travel expenses incurred by a third party's review of a collocation application or reimbursement for a consultant or other third party based on a contingent fee basis or results-based arrangement. Deletes language involving the streamlined processing of collocation applications for wireless facilities.
Effective October 1, 2013, applying to collocation applications received on or after that date.
Summary date: Apr 9 2013 - View summary
To be summarized at a later date.