Bill Summary for H 664 (2013-2014)

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Summary date: 

Apr 11 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 664 (Public) Filed Tuesday, April 9, 2013
A BILL TO BE ENTITLED 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.
Intro. by Hager, Moffitt, W. Brawley, Alexander.

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Bill 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.