House Amendment to Senate File 431 S-3319 Amend Senate File 431, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 1, line 21, by striking < traffic control > and 3 inserting < the vertical portion of support structures for 4 traffic control signals or devices > 5 2. Page 1, after line 24 by inserting: 6 < NEW SUBSECTION . 9A. “Micro wireless facility” means 7 a small wireless facility with dimensions no larger than 8 twenty-four inches in length, fifteen inches in width, and 9 twelve inches in height and that has an exterior antenna, if 10 any, that is no more than eleven inches in length. > 11 3. Page 2, by striking line 7 and inserting: 12 < b. “Small wireless facility” includes a micro wireless 13 facility as defined in subsection 9A. 14 c. “Small wireless facility” does not include any structure > 15 4. Page 2, line 12, after < network > by inserting < , except 16 that “wireless facility” does not include coaxial or fiberoptic 17 cable that is not immediately adjacent to, or directly 18 associated with, a particular antenna > 19 5. Page 3, line 23, after < section. > by inserting < An 20 authority may reasonably limit the number of new utility poles 21 or wireless support structures, consistent with the protection 22 of public health, safety, and welfare, and provided that 23 such limitation does not have the effect of prohibiting or 24 significantly impairing a wireless service provider’s ability 25 to provide wireless service within the area of a proposed new 26 structure. > 27 6. Page 3, line 30, after < a. > by inserting < (1) > 28 7. Page 4, after line 10 by inserting: 29 < (2) (a) Except as provided in subparagraph divisions 30 (b) and (c), an authority shall not impose any fee or require 31 any application or permit for the installation, placement, 32 operation, maintenance, or replacement of a micro wireless 33 facility that is suspended on operator-owned cables or lines 34 that are strung between existing utility poles in compliance 35 -1- SF431.2292.H (1) 87 md 1/ 6 #1. #2. #3. #4. #5. #6. #7.

with national safety codes. 1 (b) An authority that has adopted a municipal or county code 2 which requires an application or permit for the installation, 3 placement, operation, maintenance, or replacement of a micro 4 wireless facility may continue the application or permit 5 requirement subsequent to the effective date of this Act. 6 (c) (i) An authority may require a single-use right-of-way 7 permit for the installation, placement, operation, maintenance, 8 or replacement of a micro wireless facility if any of the 9 following conditions apply: 10 (A) The work is contained within a highway lane or requires 11 the closure of a highway lane. 12 (B) The work disturbs the pavement, shoulder, ditch, or 13 operation of a highway. 14 (C) The work involves placement of a micro wireless facility 15 on a limited access right-of-way. 16 (D) The work requires any specific precautions to ensure the 17 safety of the traveling public or the protection or operation 18 of public infrastructure and such work was not authorized in, 19 or will not be conducted in, the same time, place, or manner 20 that is consistent with the approved terms of the existing 21 permit for the facility or structure upon which the micro 22 wireless facility is attached. 23 (ii) For purposes of this subparagraph division, “highway” 24 means the same as defined in section 325A.1. > 25 8. Page 4, line 24, after < code > by inserting < , the 26 national electrical safety code, applicable fire safety codes, 27 and any building code or similar code of general applicability 28 for the protection of the public health, safety, or welfare 29 that was adopted by an authority prior to the filing of the 30 application > 31 9. Page 4, after line 29 by inserting: 32 < (5) Require that after the construction of a small wireless 33 facility or new utility pole is completed in accordance 34 with all conditions under which the permit is granted, which 35 -2- SF431.2292.H (1) 87 md 2/ 6 #8. #9.

conditions shall be consistent with this section, the owner 1 of the small wireless facility or new utility pole, or the 2 owner’s successor in interest, shall maintain the small 3 wireless facility or new utility pole at the expense of 4 the owner or successor and if the authority subsequently 5 undertakes any maintenance, public improvement project, 6 or reconstruction of authority property or equipment which 7 requires the modification, relocation, or reconstruction of 8 the small wireless facility or new utility pole, such work and 9 the costs thereof shall be the responsibility of the owner or 10 successor. If the project necessitating the modification, 11 relocation, or reconstruction of the small wireless facility 12 or new utility pole is for a private commercial purpose, 13 the authority may require the owner or successor to modify, 14 relocate, or reconstruct the small wireless facility or new 15 utility pole upon prepayment of the costs of such work by the 16 private commercial entity whose project facilitates the need 17 for such work. For purposes of this subparagraph, “new utility 18 pole” means a new utility pole installed by a wireless service 19 provider pursuant to this section solely for use as a wireless 20 support structure and that is owned by the wireless service 21 provider. > 22 10. Page 5, line 21, by striking < sixty > and inserting 23 < ninety > 24 11. Page 5, line 24, by striking < sixty > and inserting 25 < ninety > 26 12. Page 5, line 31, after < radius > by inserting 27 < consisting of substantially similar equipment to be placed on 28 substantially similar types of wireless support structures or 29 utility poles > 30 13. Page 6, line 6, by striking < may, upon request, 31 obtain > and inserting < may notify an applicant submitting any 32 additional siting applications during that seven-day period 33 that the authority is invoking its right to > 34 14. Page 6, by striking lines 14 through 16 and inserting: 35 -3- SF431.2292.H (1) 87 md 3/ 6 #10. #11. #12. #13. #14.

< (ii) The application does not comply with the Iowa 1 electrical safety code, the national electrical safety code, 2 applicable fire safety codes, or any building code or similar 3 code of general applicability for the protection of the public 4 health, safety, or welfare that was adopted by an authority 5 prior to the filing of the application. > 6 15. Page 6, by striking lines 19 through 35 and inserting: 7 < (iv) (A) A licensed engineer selected by the applicant or 8 the authority certifies that siting the small wireless facility 9 as proposed would compromise the structural safety of, or 10 preclude the essential purpose of, the utility pole or wireless 11 support structure in the public right-of-way on which it is 12 proposed to be sited and any of the following conditions apply: 13 (I) The applicant fails to redesign the small wireless 14 facility in a manner determined necessary by the engineer to 15 make the existing utility pole or wireless support structure 16 structurally sound for the siting of the small wireless 17 facility. 18 (II) The applicant fails to modify the utility pole or 19 wireless support structure to make the structure structurally 20 sound for the siting of the small wireless facility. 21 (III) The applicant fails to replace the utility pole or 22 wireless support structure with a utility pole or wireless 23 support structure that is structurally sound for the siting of 24 the small wireless facility. 25 (IV) The applicant fails to propose an alternative location 26 for the siting of the small wireless facility. 27 (B) If an applicant chooses to modify or replace a utility 28 pole or wireless support structure to make the structure 29 structurally sound for the siting of a small wireless facility, 30 the applicant shall pay or advance to the authority the costs 31 of modifying or replacing the utility pole or wireless support 32 structure with a utility pole or wireless support structure 33 that would safely support the small wireless facility and 34 preserve the essential purpose of the utility pole or wireless 35 -4- SF431.2292.H (1) 87 md 4/ 6 #15.

support structure. 1 (v) The application seeks approval of a new small wireless 2 facility, utility pole, or wireless support structure that 3 would impair, interfere with, or preclude the safe and 4 effective use of facilities already located in the public 5 right-of-way for pedestrian, vehicular, utility, or other 6 authority public right-of-way purposes. 7 (vi) The application seeks approval for the siting of 8 a small wireless facility outside the public right-of-way 9 that would impair, interfere with, or preclude the safe and 10 effective use of an authority structure or property for a 11 public purpose. 12 (vii) The application seeks approval for the siting of a 13 small wireless facility on a wireless support structure used 14 exclusively for emergency communications equipment. 15 (viii) The application seeks approval for the siting of a 16 small wireless facility on a utility pole that is the vertical 17 portion of a support structure for a traffic control signal 18 or device, and the authority determines that the utility pole 19 lacks sufficient space or load capacity for the proposed siting 20 or the small wireless facility cannot be sited on the utility 21 pole without impairing the public health, safety, or welfare. > 22 16. Page 7, by striking lines 15 and 16 and inserting: 23 < (4) An authority shall not limit the duration of a permit 24 issued for the siting of a small wireless facility in a public 25 right-of-way pursuant to this subsection, and shall not limit 26 the duration of a permit issued for the siting of a small 27 wireless facility on an authority structure located outside of 28 a public right-of-way to any period less than ten years, with 29 one automatic five-year renewal, provided, however, that the 30 owner of the small wireless facility may terminate the permit 31 upon providing ninety days’ notice to the authority. The > 32 17. Page 8, line 12, by striking < least of any > and 33 inserting < lesser > 34 18. Page 8, by striking lines 18 through 20. 35 -5- SF431.2292.H (1) 87 md 5/ 6 #16. #17.

19. Page 10, line 14, after < opportunity > by inserting < , 1 given the nature of the emergency, > 2 20. Page 10, line 18, after < manner, > by inserting < as 3 determined by the authority or public utility given the nature 4 of the emergency, > 5 21. Page 11, line 34, after < areas > by inserting < designated 6 as an underground district pursuant to a resolution or 7 ordinance adopted by an authority prior to the date the 8 application is filed or in areas > 9 -6- SF431.2292.H (1) 87 md 6/ 6 #19. #20.