Bill Summary for H 310 (2017-2018)
|View NCGA Bill Details||2017-2018 Session|
AN ACT TO REFORM COLLOCATION OF SMALL WIRELESS COMMUNICATIONS INFRASTRUCTURE TO AID IN DEPLOYMENT OF NEW TECHNOLOGIES.Intro. by Saine, Torbett, Wray.
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Section 1 sets forth seven findings by the General Assembly.
Recodifies GS 160A-400.51(4a) defining eligible facilities request as GS 160A-400.51(4b), and GS 160A-400.51(7a) defining substantial modification as GS 160A-400.51(7b) as those terms apply to Part 3E of Article 19 of GS Chapter 160A (Wireless Telecommunications Facilities).
Makes the following changes to Part 3E of Article 19 of GS Chapter 160A, Wireless Telecommunications Facilities.
Clarifies that Part 3E does not authorize a city to require construction or installation of wireless facilities or to regulate wireless services other than as set forth in Part 3E.
Adds applicable codes, city right-of-way, city utility pole, communications service provider, small wireless facility, wireless infrastructure provider, wireless provider, wireless services, and wireless services provider to the defined terms in GS 160A-500.51. Amends the definitions provided for collocation, utility pole, and wireless facility.
Enacts GS 160A-400.54, providing that a city cannot prohibit, regulate, or charge for the collocation of small wireless facilities except as expressly provided in Part 3E. Defines a small wireless facility as a wireless facility that meets both of the following: (1) 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, if enclosed, could fit within an enclosure of no more than six cubic feet; and (2) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet. Prohibits a city from instituting, either expressly or in practice, a moratorium on filing, receiving, or processing applications, or issuing permits or any other approvals for the collocation of small wireless facilities. Requires small wireless facilities to be classified as permitted uses and not subject to zoning review or approval authorized by Article 19 of GS Chapter 160A (Planning and Regulation of Development) if they are collocated in a city right-of-way within any zoning district or outside of rights-of-way on any property other than property zoned exclusively for single-family residential use. Authorizes a city to require an applicant to obtain a building permit to collocate a small wireless facility so long as the permit is of general applicability and does not apply exclusively to wireless facilities. Details seven requirements a city must comply with in receiving applications for, processing, and issuing building permits to collocate a small wireless facility. Authorizes the city to charge a fee to offset the cost of reviewing and processing applications subject to specified limitations. Prohibits a city from requiring an application for routine maintenance or the replacement of wireless facilities with wireless facilities substantially similar or the same size or smaller. Allows a city to require a permit, subject to the requirements provided by subsections (d) and (e) of the statute (as discussed above), to work within a city right-of-way for the activities of routine maintenance or the replacement of wireless facilities with wireless facilities that are substantially similar or the same size or smaller.
Enacts GS 160A-400.55 prohibiting a city from entering into an exclusive arrangement with any person for use of the city rights-of-way for the construction, operation, marketing, or maintenance of wireless facilities or wireless support structures or the collocations of small wireless facilities. Clarifies that this statute applies to activities of a wireless provider within any city right-of-way. Sets forth qualifications for exemption from zoning review or approval authorized by Article 19 of GS Chapter 160A that a wireless provider wishing to undertake the collocation of wireless facilities and the construction, operation, modification, or maintenance of utility poles, wireless support structures, conduit, cable, and related appurtenances and facilities along, across, upon, and under any city right-of-way must satisfy. Provides that a city cannot prohibit the construction, modification, or maintenance of utility poles, wireless support structures, or wireless facilities that exceed the height limits set forth in subsection (c)(3) if those structures and facilities comply with applicable zoning requirements for the site. Requires applicants for use of a city's right-of-way to comply with the city's undergrounding requirements prohibiting communications service providers from installing structures in the rights-of-way without prior zoning approval in areas zoned for single-family residential use so long as those requirements are nondiscriminatory with respect to type of utility and do not prohibit the replacement of structures existing at the time of adoption of the requirements. Authorizes a city to charge a wireless provider for the use of a city right-of-way to construct, collocate, install, mount, maintain, modify, operate, or replace a wireless facility or wireless support structure if the city charges other communications service providers or publicly, cooperatively, or municipally owned utilities for similar uses of the right-of-way. Details limitations on the authorized charges. Clarifies that the provision is not intended to prevent a city from providing free access to city rights-of-way on a nondiscriminatory basis in order to facilitate the public benefits of deployment of wireless services. Allows a city to require a wireless provider to repair all damage to a city right-of-way directly caused by the activities of the wireless provider, and allows the city to undertake the repairs and charge the party the reasonable and documented costs if the wireless provider fails to make the repairs required by the city within a reasonable time after written notice.
Enacts GS 160A-400.56, providing for dispute resolution regarding fees or charges before the Utilities Commission pursuant to GS 62-350(c). Requires the city to allow the placement of a wireless facility or wireless support structure at a temporary rate of one-half of a city-proposed annual fee or charge or $20, whichever is less, pending resolution of the dispute. Makes conforming changes to GS 62-350(c) and (e).
Enacts GS 160A-400.57 limiting the city's authority to adopt or enforce any ordinance, rule, regulation, or resolution that (1) regulates the design, engineering, construction, installation, or operation of any small wireless facility located in an interior structure or upon the site of any stadium or athletic facility or (2) requires a wireless provider to indemnify the city and its officers and employees as specified.
Effective July 1, 2017, and applies to applications for wireless communications infrastructure received by cities on or after that date. Requires any charge imposed by a city on wireless providers for use of rights-of-way owned, leased, or operated by a city to construct, collocate, install, mount, maintain, modify, operate, or replace a wireless facility or wireless support structure to comply with the requirements of GS 160A-400.55, as enacted, no later than January 1, 2018.
Amends GS 136-18 to add to the powers of the Department of Transportation the duty to make reasonable rules, regulations, and ordinances for the placing, erection, change, or removal of wireless facilities that may contribute to the hazard upon or interfere with any State-maintained highways.
Enacts GS 136-18.3A to authorize the Department of Transportation (Department) to issue permits to wireless providers for the collocation of wireless facilities and the construction, operation, modification, or maintenance of utility poles, wireless support structures, conduit, cable, and related appurtenances and facilities for the provision of wireless services along, across, upon, and under the rights-of-way of State-maintained highways. Requires the permits and included requirements to be issued and administered in a reasonable and nondiscriminatory manner. Sets forth that a permit is deemed approved if the Department does not take action to approve or deny a permit application within 60 days of receipt. Authorizes the Department to charge a wireless provider for the use of rights-of-way of a State-maintained highway to construct, collocate, install, mount, maintain, modify, operate, or replace a wireless facility or wireless support structure as provided. Sets limitations on the authorized charges. Allows the Department to require a wireless provider to repair all damage to a right-of-way directly caused by the activities of the wireless provider, and allows the Department to undertake the repairs and charge the party the reasonable and documented costs if the wireless provider fails to make the repairs required by the Department within a reasonable time after written notice.