House File 556 - Introduced HOUSE FILE 556 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 167) A BILL FOR An Act relating to applications for wireless communications 1 facilities and infrastructure. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2400HV (1) 86 ad/sc
H.F. 556 Section 1. NEW SECTION . 8C.1 Short title. 1 This chapter shall be known and may be cited as the “Iowa 2 Cell Siting Act” . 3 Sec. 2. NEW SECTION . 8C.2 Definitions. 4 For the purposes of this chapter, unless the context 5 otherwise requires: 6 1. “Applicant” means any person engaged in the business of 7 providing wireless telecommunications services or the wireless 8 telecommunications infrastructure required for wireless 9 telecommunications services and who submits an application. 10 2. “Application” means a request submitted by an applicant 11 to an authority to construct a new tower, for the initial 12 placement of transmission equipment on a wireless support 13 structure, for the modification of an existing tower or 14 existing base station that constitutes a substantial change 15 to an existing tower or existing base station, or any other 16 request to construct or place transmission equipment that does 17 not meet the definition of an eligible facilities request. 18 3. “Authority” , used as a noun, means a state, county, 19 or city governing body, board, agency, office, or commission 20 authorized by law to make legislative, quasi-judicial, 21 or administrative decisions relative to an application. 22 “Authority” does not include state courts having jurisdiction 23 over land use, planning, or zoning decisions made by an 24 authority, or the utilities division of the department of 25 commerce. 26 4. a. “Base station” means a structure or equipment at a 27 fixed location that enables wireless communications licensed by 28 the federal communications commission or authorized wireless 29 communications between user equipment and a communications 30 network. 31 b. “Base station” does not mean a tower or equipment 32 associated with a tower. 33 c. “Base station” includes but is not limited to equipment 34 associated with wireless communications services such as 35 -1- LSB 2400HV (1) 86 ad/sc 1/ 13
H.F. 556 private, broadcast, and public safety services and unlicensed 1 wireless services and fixed wireless services such as microwave 2 backhaul. 3 d. “Base station” includes but is not limited to radio 4 transceivers, antennas, coaxial or fiberoptic cable, regular 5 and backup power supplies, and comparable equipment, regardless 6 of technological configuration. 7 e. “Base station” includes a structure other than a tower 8 that, at the time the relevant application is filed with 9 the state or local government, supports or houses equipment 10 described in this subsection that has been reviewed and 11 approved under the applicable zoning or siting process, or 12 under another state or local regulatory review process, even if 13 the structure was not built for the sole or primary purpose of 14 providing such support. 15 f. “Base station” does not include any structure that at 16 the time the relevant application is filed with the state or 17 local government does not support or house equipment described 18 in this subsection. 19 5. “Collocation” means the mounting or installation of 20 transmission equipment on a support structure for the purpose 21 of transmitting or receiving radio frequency signals for 22 communications purposes. 23 6. “Eligible facilities request” means a request for 24 modification of an existing tower or base station that does 25 not substantially change the physical dimensions of the tower 26 or base station and involves collocation of new transmission 27 equipment, the removal of transmission equipment, or the 28 replacement of transmission equipment. 29 7. “Existing tower” or “existing base station” means a tower 30 or base station that has been reviewed and approved under the 31 applicable zoning or siting process, or under another state or 32 local regulatory review process. “Existing tower” includes a 33 tower that was not reviewed and approved because it was not in 34 a zoned area when it was built and lawfully constructed. 35 -2- LSB 2400HV (1) 86 ad/sc 2/ 13
H.F. 556 8. “Initial placement or installation” means the first time 1 transmission equipment is placed or installed on a wireless 2 support structure. 3 9. a. “Site” , in relation to a tower that is not in the 4 public right-of-way, means the current boundaries of the leased 5 or owned property surrounding the tower and any access or 6 utility easements currently related to the site. 7 b. “Site” , in relation to support structures other than 8 towers, means an area in proximity to the structure and to 9 other transmission equipment already deployed on the ground. 10 10. “Substantial change” means a change in the existing 11 support structure which results in one or more of the 12 following: 13 a. (1) Increase in the height of a tower, other than a 14 tower in the public right-of-way, by more than ten percent or 15 by the height of one additional antenna array with separation 16 from the nearest existing antenna not to exceed twenty feet, 17 whichever is greater. 18 (2) Increase in the height of existing support structures, 19 other than a tower in subparagraph (1), by more than ten 20 percent or more than ten feet, whichever is greater. 21 (3) Height shall be measured from the original support 22 structure in cases where deployments are or will be separated 23 horizontally, such as on buildings’ rooftops. Otherwise, 24 height shall be measured from the dimensions of the tower or 25 base station, inclusive of originally approved appurtenances 26 and any modifications that were approved prior to the passage 27 of the Spectrum Act, Pub. L. No. 112-96, Tit. VI. 28 b. (1) Addition of an appurtenance to the body of the 29 tower, other than a tower in the public right-of-way, that 30 would protrude from the edge of the tower more than twenty 31 feet, or more than the width of the tower structure at the 32 level of the appurtenance, whichever is greater. 33 (2) Addition of an appurtenance to an existing support 34 structure, other than a tower under subparagraph (1), that 35 -3- LSB 2400HV (1) 86 ad/sc 3/ 13
H.F. 556 would protrude from the edge of the structure by more than six 1 feet. 2 c. (1) Installation of more than the standard number of 3 new equipment cabinets for the technology involved, but not to 4 exceed four cabinets. 5 (2) Installation of any new equipment cabinets on the ground 6 if there are no preexisting ground cabinets associated with the 7 tower in the public right-of-way or base station. 8 (3) Installation of ground cabinets that are more than 9 ten percent larger in height or overall volume than any 10 other ground cabinets associated with a tower in the public 11 right-of-way or base station. 12 d. Excavation or deployment outside the current site. 13 e. Defeat of concealment elements of the existing support 14 structure. 15 f. Noncompliance with conditions associated with the siting 16 approval of the construction or modification of the existing 17 support structure or base station equipment, except if the 18 change is noncompliant only in a manner that does not exceed 19 the thresholds identified in paragraphs “a” through “d” . 20 11. “Tower” means a structure built for the sole or 21 primary purpose of supporting an antenna and the associated 22 facilities authorized or licensed by the federal communications 23 commission. “Tower” includes structures constructed for 24 wireless communications services, including but not limited to 25 private, broadcast, and public safety services and unlicensed 26 wireless services and fixed wireless services, such as 27 microwave backhaul, and the associated site. 28 12. “Transmission equipment” means equipment that 29 facilitates transmission for a wireless communications 30 service licensed or authorized by the federal communications 31 commission, including but not limited to radio transceivers, 32 antennas, coaxial or fiberoptic cable, and regular and backup 33 power supply. “Transmission equipment” includes equipment 34 associated with wireless communications services, including but 35 -4- LSB 2400HV (1) 86 ad/sc 4/ 13
H.F. 556 not limited to private, broadcast, and public safety services, 1 as well as unlicensed wireless services and fixed wireless 2 services, such as microwave backhaul. 3 13. “Wireless support structure” means a structure that 4 exists at the time an application is submitted and is capable 5 of supporting the attachment or installation of transmission 6 equipment in compliance with applicable codes, including 7 but not limited to water towers, utility poles, buildings, 8 and other structures, whether within or outside the public 9 right-of-way. “Wireless support structure” does not include a 10 tower or existing base station. 11 Sec. 3. NEW SECTION . 8C.3 Uniform rules and limitations —— 12 applications. 13 In order to ensure uniformity across this state with respect 14 to the consideration of every application, and notwithstanding 15 any other provision to the contrary, an authority shall not do 16 any of the following: 17 1. Require an applicant to submit information about, or 18 evaluate an applicant’s business decisions with respect to, the 19 applicant’s designed service, customer demand for service, or 20 quality of the applicant’s service to or from a particular area 21 or site. 22 2. a. Evaluate an application based on the availability of 23 other potential locations for the placement or construction of 24 a tower or transmission equipment. 25 b. An authority shall not require the applicant to establish 26 other options for collocation instead of the construction of a 27 new tower or modification of an existing tower or existing base 28 station that constitutes a substantial change to an existing 29 tower or existing base station. 30 c. Notwithstanding paragraph “b” , an authority may require 31 an applicant applying for the construction of a new tower to 32 state in its application that it conducted an analysis of 33 available collocation opportunities on existing towers or 34 existing base stations within the same search ring defined by 35 -5- LSB 2400HV (1) 86 ad/sc 5/ 13
H.F. 556 the applicant solely for the purpose of confirming that the 1 applicant undertook such analysis. 2 3. Dictate the type of transmission equipment or technology 3 to be used by the applicant or discriminate between different 4 types of infrastructure or technology. 5 4. a. Require the removal of existing towers, base 6 stations, or transmission equipment, wherever located, as a 7 condition to approval of an application. 8 b. Notwithstanding paragraph “a” , the authority may adopt 9 reasonable rules regarding removal of abandoned towers or 10 transmission equipment. 11 5. Impose environmental testing, sampling, or monitoring 12 requirements, or other compliance measures, for radio frequency 13 emissions from transmission equipment that are categorically 14 excluded under the federal communications commission’s 15 rules for radio frequency emissions pursuant to 47 C.F.R. 16 §1.1307(b)(1). 17 6. Establish or enforce regulations or procedures for radio 18 frequency signal strength or the adequacy of service quality. 19 7. Reject an application, in whole or in part, based on 20 perceived or alleged environmental effects of radio frequency 21 emissions, as provided in 47 U.S.C. §332(c)(7)(B)(iv). 22 8. Impose restrictions with respect to objects in navigable 23 airspace that are greater than or in conflict with the 24 restrictions imposed by the federal aviation administration. 25 9. Prohibit the placement of emergency power systems that 26 comply with federal and state environmental requirements. 27 10. Charge an application fee, consulting fee, or other fee 28 associated with the submission, review, processing, or approval 29 of an application that is not required for similar types of 30 commercial development within the authority’s jurisdiction. 31 Fees imposed by an authority or by a third-party entity 32 providing review or technical consultation to the authority 33 shall be based on actual, direct, and reasonable administrative 34 costs incurred for the review, processing, and approval of an 35 -6- LSB 2400HV (1) 86 ad/sc 6/ 13
H.F. 556 application. In no case shall total charges and fees exceed 1 five hundred dollars for an eligible facilities request or 2 three thousand dollars for an application for a new tower, for 3 the initial placement or installation of transmission equipment 4 on a wireless support structure, for a modification of an 5 existing tower or existing base station that constitutes a 6 substantial change to an existing tower or base station, or any 7 other application to construct or place transmission equipment 8 that does not constitute an eligible facilities request. An 9 authority or any third-party entity shall not include within 10 its charges any travel expenses incurred in the review of an 11 application, and an applicant shall not be required to pay or 12 reimburse an authority for consultant or other third-party fees 13 based on a contingency or result-based arrangement. 14 11. Impose surety requirements, including bonds, 15 escrow deposits, letters of credit, or any other type 16 of financial surety, to ensure that abandoned or unused 17 towers or transmission equipment can be removed unless the 18 authority imposes similar requirements on other applicants 19 for other types of commercial development or land uses. If 20 surety requirements are imposed, the requirements must be 21 competitively neutral, nondiscriminatory, reasonable in 22 amount, and commensurate with the historical record for local 23 facilities and structures that are abandoned. 24 12. Condition the approval of an application on the 25 applicant’s agreement to provide space on or near the tower, 26 base station, or wireless support structure for authority 27 services at less than the market rate for such space or to 28 provide other services via the structure or facilities at less 29 than the market rate for such services. 30 13. Limit the duration of the approval of an application. 31 14. Discriminate on the basis of the ownership, including 32 ownership by the authority, of any property, structure, or 33 tower when promulgating rules or procedures for siting wireless 34 facilities or for evaluating applications. 35 -7- LSB 2400HV (1) 86 ad/sc 7/ 13
H.F. 556 Sec. 4. NEW SECTION . 8C.4 Uniform rules —— new tower 1 applications. 2 1. An authority may exercise zoning, land use, planning, 3 and permitting authority within the authority’s territorial 4 boundaries with regard to the siting of new towers, subject to 5 the provisions of this chapter and federal law. 6 2. An applicant that proposes to construct a new tower 7 within the jurisdiction of an authority that has adopted 8 planning and zoning regulations shall submit the necessary 9 copies and attachments of the application to the appropriate 10 authority and comply with applicable local ordinances 11 concerning land use and the appropriate permitting processes. 12 3. All records, including but not limited to documents and 13 electronic data, in the possession or custody of authority 14 personnel shall be considered confidential trade secrets as 15 provided for in section 22.7, subsection 3. 16 4. An authority, within one hundred fifty calendar days 17 of receiving an application to construct a new tower, unless 18 another date is specified in a written agreement between the 19 authority and the applicant, shall comply with the following 20 provisions: 21 a. Review the application for conformity with applicable 22 local zoning regulations, building permit requirements, and 23 consistency with this chapter. An application is deemed to 24 be complete unless the authority notifies the applicant in 25 writing, within thirty calendar days of submission of the 26 application, specifying the deficiencies in the application 27 which, if cured, would make the application complete. The 28 authority’s timeframe to review the application is tolled 29 beginning the date the notice is sent. The authority’s 30 timeframe of one hundred fifty days for review of the 31 application begins running again when the applicant cures the 32 specified deficiencies. Following the applicant’s supplemental 33 submission, the authority has ten days to notify the 34 applicant that the supplemental submission did not provide the 35 -8- LSB 2400HV (1) 86 ad/sc 8/ 13
H.F. 556 information identified in the original notice that specified 1 deficiencies in the application. The authority’s timeframe of 2 one hundred fifty days to review the application is tolled in 3 the case of second or subsequent notices in conformance with 4 this paragraph. The authority’s timeframe for review does not 5 toll if the authority requests information regarding any of the 6 considerations an authority may not consider as described in 7 section 8C.3. 8 b. Make its final decision to approve or disapprove the 9 application. 10 c. Advise the applicant in writing of its final decision. 11 5. If the authority fails to act on an application to 12 construct a new tower within the timeframe for review specified 13 under subsection 4, the application shall be deemed approved. 14 6. A party aggrieved by the final action of an authority, 15 either by its affirmative disapproval of an application under 16 the provisions of this section or by its inaction, may bring 17 an action for review in any court of competent jurisdiction to 18 recover reasonable costs related to the application process and 19 attorney fees. 20 Sec. 5. NEW SECTION . 8C.5 Uniform rules for certain 21 changes. 22 1. An authority may exercise zoning, land use, planning, 23 and permitting authority within the authority’s territorial 24 boundaries with regard to an application for initial placement 25 or installation of transmission equipment on wireless support 26 structures, for modification of an existing tower or existing 27 base station that constitutes a substantial change, or for a 28 request for construction or placement of transmission equipment 29 that does not constitute an eligible facilities request, 30 subject to the provisions of this chapter and federal law. 31 2. An applicant that proposes an initial placement or 32 installation of transmission equipment on wireless support 33 structures, a modification of an existing tower or existing 34 base station that constitutes a substantial change, or a 35 -9- LSB 2400HV (1) 86 ad/sc 9/ 13
H.F. 556 request for construction or placement of transmission equipment 1 that does not constitute an eligible facilities request, within 2 the jurisdiction of an authority that has adopted planning 3 and zoning ordinances, rules, or regulations shall submit the 4 necessary copies and attachments of the application to the 5 authority and comply with such applicable local ordinances, 6 rules, or regulations concerning land use and zoning and the 7 appropriate local permitting processes. 8 3. All records, including but not limited to documents and 9 electronic data, in the possession or custody of authority 10 personnel shall be considered confidential trade secrets as 11 provided for in section 22.7, subsection 3. 12 4. An authority, within ninety calendar days of receiving 13 an application for a substantial modification of a wireless 14 support structure, unless another date is specified in a 15 written agreement between the authority and the applicant, 16 shall comply with the following provisions: 17 a. Review the application for conformity with applicable 18 local zoning ordinances, rules, or regulations, building 19 permit requirements, and consistency with this chapter. An 20 application is deemed to be complete unless the authority 21 notifies the applicant in writing, within thirty calendar 22 days of submission of the application, specifying the 23 deficiencies in the application which, if cured, would make 24 the application complete. The authority’s timeframe for 25 review is tolled beginning the date the notice is sent. The 26 authority’s ninety-day timeframe for review of the application 27 begins running again when the applicant cures the specified 28 deficiencies. Following the applicant’s supplemental 29 submission, the authority has ten days to notify the 30 applicant that the supplemental submission did not provide the 31 information identified in the original notice that specified 32 deficiencies. The authority’s ninety-day timeframe to review 33 the application is tolled in the case of second or subsequent 34 notices in conformance with this paragraph. The authority’s 35 -10- LSB 2400HV (1) 86 ad/sc 10/ 13
H.F. 556 ninety-day timeframe for review does not toll if the authority 1 requests information regarding any of the considerations an 2 authority may not consider as described in section 8C.3. 3 b. Make its final decision to approve or disapprove the 4 application. 5 c. Advise the applicant in writing of its final decision. 6 5. If the authority fails to act on an application for an 7 initial placement or installation of transmission equipment on 8 wireless support structures, for a modification of an existing 9 tower or existing base station that constitutes a substantial 10 change, or for a request for construction or placement of 11 transmission equipment that does not constitute an eligible 12 facilities request within the review period specified under 13 subsection 4, the application for a substantial modification 14 shall be deemed approved. 15 6. A party aggrieved by the final action of an authority, 16 either by its affirmative disapproval of an application under 17 the provisions of this section or by its inaction, may bring 18 an action for review in any court of competent jurisdiction to 19 recover reasonable costs related to the application process and 20 attorney fees. 21 Sec. 6. NEW SECTION . 8C.6 Use of public lands for towers 22 and transmission equipment. 23 1. In accordance with other applicable laws, when entering 24 into a lease with an applicant for the applicant’s use of 25 public lands, an authority shall offer the market rate value 26 for use of that land. The term of the lease shall be for at 27 least twenty years. 28 2. a. If the authority and the applicant cannot agree on 29 the market rate for lease of the public land and cannot agree 30 on the process to derive the market rate, a three-person panel 31 of appraisers shall determine the market rate. Each party will 32 appoint one appraiser and the two appointed appraisers shall 33 select a third appraiser. Each appraiser shall independently 34 appraise the appropriate market rate for lease of the land. 35 -11- LSB 2400HV (1) 86 ad/sc 11/ 13
H.F. 556 The market rate shall be set at the median value between 1 the highest and lowest market rates determined by the three 2 independent appraisers. However, if the median between the 3 appraisals of the appraisers appointed by each party is greater 4 than or less than ten percent of the appraisal of the appraiser 5 selected by the two appraisers, then the appraisal of the 6 appraiser selected by the two appraisers shall determine the 7 rate for the lease. 8 b. The authority and applicant shall conclude the appraisal 9 process within one hundred fifty calendar days from the date 10 the applicant first offered a proposed lease rate to the 11 authority. 12 c. If using the three-person panel, each party shall bear 13 the cost of its own appointed appraiser and equally share the 14 cost of the third appraiser. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to the deployment of and applications for 19 wireless communications facilities and infrastructure. 20 The bill provides a number of definitions regarding wireless 21 facilities and infrastructure. “Authority” is defined to mean 22 a state, county, or municipal governing body, board, agency, 23 office, or commission authorized by law to make legislative, 24 quasi-judicial, or administrative decisions relative to an 25 application. “Application” is defined as a request submitted 26 by an applicant to an authority to construct a new tower, for 27 the initial placement of transmission equipment on a wireless 28 support structure, for the modification of an existing tower 29 or existing base station that constitutes a substantial 30 change to an existing tower or existing base station, or any 31 other request to construct or place transmission equipment 32 that does not meet the definition of an eligible facilities 33 request as it is not a substantial change. “Tower” is a 34 structure built for the sole or primary purpose of supporting 35 -12- LSB 2400HV (1) 86 ad/sc 12/ 13
H.F. 556 an authorized or federal communications commission licensed 1 antenna and the associated facilities. “Wireless support 2 structure” is defined as a structure that exists at the time 3 an application is submitted and is capable of supporting the 4 attachment or installation of transmission equipment, but does 5 not include a tower or existing base station. “Transmission 6 equipment” means equipment that facilitates transmission for an 7 authorized federal communications commission licensed wireless 8 communications service. 9 The bill provides a series of uniform rules or limitations 10 applicable to all applications. The rules and limitations 11 include prohibiting requiring certain information, as specified 12 in the bill, from or about an applicant. 13 The bill provides timeframes within which an authority must 14 act upon an application to construct a new tower, for the 15 initial placement or installation of transmission equipment on 16 wireless support structures, for modification of an existing 17 tower or base station that constitutes a substantial change, 18 or for a request for construction or placement of transmission 19 equipment that does not constitute an eligible facilities 20 request. The authority may request that the applicant cure 21 deficiencies in the application, during which time the 22 timeframe for review is tolled. 23 When entering into a lease with an applicant for the 24 applicant’s use of public land, the bill requires an authority 25 to offer the market rate value for use of that land and a lease 26 term of at least 20 years. The bill provides a process for 27 determination of the market rate value for purposes of the 28 lease if the authority and the applicant disagree on the rate. 29 -13- LSB 2400HV (1) 86 ad/sc 13/ 13