House
File
111
-
Introduced
HOUSE
FILE
111
BY
SHIPLEY
A
BILL
FOR
An
Act
providing
for
the
regulation
of
wireless
facility
1
installations
by
cities
and
counties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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111
Section
1.
Section
331.301,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
18.
A
county
may
establish
standards
3
and
requirements
regarding
the
installation
or
siting
of
4
wireless
facilities.
For
purposes
of
this
subsection,
“wireless
5
facility”
means
equipment
at
a
fixed
location
that
enables
6
the
provision
of
wireless
telecommunications
services
or
7
the
infrastructure
required
for
wireless
telecommunications
8
services.
9
Sec.
2.
Section
364.2,
Code
2019,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
7.
A
city
may
establish
standards
and
12
requirements
regarding
the
installation
or
siting
of
wireless
13
facilities.
For
purposes
of
this
subsection,
“wireless
14
facility”
means
equipment
at
a
fixed
location
that
enables
15
the
provision
of
wireless
telecommunications
services
or
16
the
infrastructure
required
for
wireless
telecommunications
17
services.
18
Sec.
3.
Section
427A.1,
subsection
7,
paragraph
a,
Code
19
2019,
is
amended
to
read
as
follows:
20
a.
For
purposes
of
this
section
,
“transmission
property”
21
means
cable
and
wire
facilities,
poles,
aerial
cable,
22
underground
cable,
buried
cable,
intrabuilding
network
cable,
23
or
aerial
wire
within
the
meaning
of
and
for
purposes
of
the
24
uniform
system
of
accounts
for
telecommunication
companies
in
25
47
C.F.R.
pt.
32,
in
effect
on
July
1,
2018.
“Transmission
26
property”
also
includes
lines,
electronic
equipment,
headend
27
electronics,
poles,
aerial
cable,
cable
drops,
lasers,
fiber
28
optics,
underground
cable,
and
any
electronics
attached
thereto
29
used
to
provide
telecommunications
service,
cable
television
30
signals,
or
internet
service
to
subscribers.
“Transmission
31
property”
does
not
include
a
tower
as
defined
in
section
32
8C.2
,
or
structure
built
for
the
sole
or
primary
purpose
of
33
supporting
an
antenna
and
the
associated
facilities
authorized
34
or
licensed
by
the
federal
communications
commission
or
35
-1-
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111
constructed
for
wireless
communications
services,
including
but
1
not
limited
to
private,
broadcast,
and
public
safety
services
2
and
unlicensed
wireless
services
and
fixed
wireless
services,
3
such
as
microwave
backhaul,
and
the
associated
site
.
4
Sec.
4.
REPEAL.
Chapter
8C,
Code
2019,
is
repealed.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
Code
chapter
8C,
the
“Iowa
Cell
Siting
Act”,
provides
9
uniform
rules
and
limitations
for
the
installation
or
siting
of
10
wireless
facilities,
including
uniform
rules
and
limitations
11
related
to
applications,
certain
changes,
the
use
of
public
12
lands
for
towers
and
transmission
equipment,
the
location
of
13
utility
poles,
permits
for
small
wireless
facilities,
the
14
removal
of
small
wireless
facilities,
and
certain
height
15
limitations.
This
bill
repeals
the
“Iowa
Cell
Siting
Act”
16
and
allows
counties
and
cities
to
establish
standards
and
17
requirements
regarding
the
installation
or
siting
of
wireless
18
facilities.
The
bill
defines
“wireless
facility”
to
mean
19
equipment
at
a
fixed
location
that
enables
the
provision
of
20
wireless
telecommunications
services
or
the
infrastructure
21
required
for
such
services.
22
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