Bill Summary for H 664 (2013-2014)

Summary date: 

May 8 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

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.

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