Bill Summary for H 310 (2017-2018)

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Summary date: 

May 24 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 310 (Public) Filed Thursday, March 9, 2017
Intro. by Saine, Torbett, Wray.

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Bill summary

House committee substitute makes the following changes to the 3rd edition.

Modifies subsection (f) in proposed GS 160A-400.54 (Collocation of small wireless facilities), authorizing cities to engage an outside consultant (was, a third-party consultant) for technical consultation and review of an application for the collocation of small wireless facilities. Makes conforming changes concerning the prohibited use of technical consulting fees collected by cities, prohibiting cities from using the fees to pay travel expenses incurred in the review by an outside consultant or other third party, or to directly pay or reimburse an outside consultant or other third party based on a contingent or results-based arrangement.

Amends subsection (h) in proposed GS 160A-400.54, expanding the prohibitions to also prohibit cities from charging fees for the previously specified activities, including routine maintenance, the replacement of small wireless facilities with similar facilities, and the installation or maintenance of authorized suspended micro wireless facilities that are in compliance with applicable codes and remitting taxes. Makes change to clarify that cities are prohibited from requiring an application or permit, or to charge fees, for the installation, placement, maintenance, or replacement of suspended micro wireless facilities strung by or for a communication service provider authorized to occupy the city rights-of-way (previously, did not specify city rights-of-way).

Makes a similar clarifying change in GS 160A-400.55 (Use of public right-of-way), clarifying the limitations for a city to assess a right-of-way charge for use or occupation of the city right-of-way by a wireless provider. Provides that the right-of way charge cannot exceed the direct and actual cost of managing the city right-of-way. Further, clarifies the reference in subsection (i), concerning applications by a wireless provider to a city to place, replace, or modify utility poles in the city rights-of-way (was, public rights-of-way) to support the collocation of small wireless facilities.

Renames proposed GS 160A-400.56, Access to city utility poles to install small wireless facilities. Modifies subsection (h), providing that Part 3E, as amended (previously, referenced the statute, not the Part), does not apply to an entity whose poles, ducts, and conduits are subject to regulation under the Communications Act of 1934, as specified, or GS 62-350.

Amends proposed GS 160A-400.57 (Applicability). Modifies subsection (b) to clarify that nothing in Part 3E affects any easement between private parties (previously, private easement). Modifies subsection (c), prohibiting cities from adopting or enforcing any regulation on the placement or operation of communications facilities in the rights-of-way of State-maintained highways or city rights-of-way by a provider authorized by State law to operate in those areas (previously, in the rights-of-way, with no specification).

Makes clarifying changes to proposed GS 136-18.3A (Wireless communications infrastructure).