H.F. 655 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, the utilities division of the department of 25 commerce, or entities that do not have zoning or permitting 26 authority. 27 4. a. “Base station” means a structure or equipment at a 28 fixed location that enables wireless communications licensed by 29 the federal communications commission or authorized wireless 30 communications between user equipment and a communications 31 network. 32 b. “Base station” does not mean a tower or equipment 33 associated with a tower. 34 c. “Base station” includes but is not limited to equipment 35 -1- LSB 2400HZ (3) 86 ad/sc 1/ 15

H.F. 655 associated with wireless communications services such as 1 private, broadcast, and public safety services and unlicensed 2 wireless services and fixed wireless services such as microwave 3 backhaul. 4 d. “Base station” includes but is not limited to radio 5 transceivers, antennas, coaxial or fiberoptic cable, regular 6 and backup power supplies, and comparable equipment, regardless 7 of technological configuration. 8 e. “Base station” includes a structure other than a tower 9 that, at the time the relevant application is filed with 10 the state or local government, supports or houses equipment 11 described in this subsection that has been reviewed and 12 approved under the applicable zoning or siting process, or 13 under another state or local regulatory review process, even if 14 the structure was not built for the sole or primary purpose of 15 providing such support. 16 f. “Base station” does not include any structure that at 17 the time the relevant application is filed with the state or 18 local government does not support or house equipment described 19 in this subsection. 20 5. “Collocation” means the mounting or installation of 21 additional transmission equipment on a support structure 22 already in use for the purpose of transmitting or receiving 23 radio frequency signals for communications purposes. 24 5A. “Electric utility” means any owner or operator of 25 electric transmission or distribution facilities subject to the 26 regulation and enforcement activities of the Iowa utilities 27 board relating to safety standards. 28 6. “Eligible facilities request” means a request for 29 modification of an existing tower or base station that does 30 not substantially change the physical dimensions of the tower 31 or base station and involves collocation of new transmission 32 equipment, the removal of transmission equipment, or the 33 replacement of transmission equipment. 34 7. “Existing tower” or “existing base station” means a tower 35 -2- LSB 2400HZ (3) 86 ad/sc 2/ 15

H.F. 655 or base station that has been reviewed and approved under the 1 applicable zoning or siting process, or under another state or 2 local regulatory review process. “Existing tower” includes a 3 tower that was not reviewed and approved because it was not in 4 a zoned area when it was built and lawfully constructed. 5 8. “Initial placement or installation” means the first time 6 transmission equipment is placed or installed on a wireless 7 support structure. 8 9. a. “Site” , in relation to a tower that is not in the 9 public right-of-way, means the current boundaries of the leased 10 or owned property surrounding the tower and any access or 11 utility easements currently related to the site. 12 b. “Site” , in relation to support structures other than 13 towers, means an area in proximity to the structure and to 14 other transmission equipment already deployed on the ground. 15 10. “Substantial change” means a change in the existing 16 support structure which results in one or more of the 17 following: 18 a. (1) Increase in the height of a tower, other than a 19 tower in the public right-of-way, by more than ten percent or 20 by the height of one additional antenna array with separation 21 from the nearest existing antenna not to exceed twenty feet, 22 whichever is greater. 23 (2) Increase in the height of existing support structures, 24 other than a tower in subparagraph (1), by more than ten 25 percent or more than ten feet, whichever is greater. 26 (3) Height shall be measured from the original support 27 structure in cases where deployments are or will be separated 28 horizontally, such as on buildings’ rooftops. Otherwise, 29 height shall be measured from the dimensions of the tower or 30 base station, inclusive of originally approved appurtenances 31 and any modifications that were approved prior to the passage 32 of the Spectrum Act, Pub. L. No. 112-96, Tit. VI. 33 b. (1) Addition of an appurtenance to the body of the 34 tower, other than a tower in the public right-of-way, that 35 -3- LSB 2400HZ (3) 86 ad/sc 3/ 15

H.F. 655 would protrude from the edge of the tower more than twenty 1 feet, or more than the width of the tower structure at the 2 level of the appurtenance, whichever is greater. 3 (2) Addition of an appurtenance to an existing support 4 structure, other than a tower under subparagraph (1), that 5 would protrude from the edge of the structure by more than six 6 feet. 7 c. (1) Installation of more than the standard number of 8 new equipment cabinets for the technology involved, but not to 9 exceed four cabinets. 10 (2) Installation of any new equipment cabinets on the ground 11 if there are no preexisting ground cabinets associated with the 12 tower in the public right-of-way or base station. 13 (3) Installation of ground cabinets that are more than 14 ten percent larger in height or overall volume than any 15 other ground cabinets associated with a tower in the public 16 right-of-way or base station. 17 d. Excavation or deployment outside the current site. 18 e. Defeat of concealment elements of the existing support 19 structure. 20 f. Noncompliance with conditions associated with the siting 21 approval of the construction or modification of the existing 22 support structure or base station equipment, except if the 23 change is noncompliant only in a manner that does not exceed 24 the thresholds identified in paragraphs “a” through “d” . 25 11. “Tower” means a structure built for the sole or 26 primary purpose of supporting an antenna and the associated 27 facilities authorized or licensed by the federal communications 28 commission. “Tower” includes structures constructed for 29 wireless communications services, including but not limited to 30 private, broadcast, and public safety services and unlicensed 31 wireless services and fixed wireless services, such as 32 microwave backhaul, and the associated site. 33 12. “Transmission equipment” means equipment that 34 facilitates transmission for a wireless communications 35 -4- LSB 2400HZ (3) 86 ad/sc 4/ 15

H.F. 655 service licensed or authorized by the federal communications 1 commission, including but not limited to radio transceivers, 2 antennas, coaxial or fiberoptic cable, and regular and backup 3 power supply. “Transmission equipment” includes equipment 4 associated with wireless communications services, including but 5 not limited to private, broadcast, and public safety services, 6 such as wireless local area network services and services 7 utilizing a set of specifications developed by the institute 8 of electrical and electronics engineers for interface between 9 a wireless client and a base station or between two wireless 10 clients, as well as unlicensed wireless services and fixed 11 wireless services, such as microwave backhaul. 12 12A. “Utility pole” means a structure owned or operated by 13 a public utility, municipality, or electric utility that is 14 designed specifically for and used to carry lines, cable, or 15 wires for telephone, cable television, or electricity, or to 16 provide lighting. 17 13. “Wireless support structure” means a structure that 18 exists at the time an application is submitted and is capable 19 of supporting the attachment or installation of transmission 20 equipment in compliance with applicable codes, including but 21 not limited to water towers, buildings, and other structures, 22 whether within or outside the public right-of-way. “Wireless 23 support structure” does not include a tower or existing base 24 station. 25 Sec. 3. NEW SECTION . 8C.3 Uniform rules and limitations —— 26 applications. 27 In order to ensure uniformity across this state with respect 28 to the consideration of every application, and notwithstanding 29 any other provision to the contrary, an authority shall not do 30 any of the following: 31 1. Require an applicant to submit information about, or 32 evaluate an applicant’s business decisions with respect to, the 33 applicant’s designed service, customer demand for service, or 34 quality of the applicant’s service to or from a particular area 35 -5- LSB 2400HZ (3) 86 ad/sc 5/ 15

H.F. 655 or site. 1 2. a. Evaluate an application based on the availability of 2 other potential locations for the placement or construction of 3 a tower or transmission equipment. 4 b. Require the applicant to establish other options for 5 collocation instead of the construction of a new tower or 6 modification of an existing tower or existing base station 7 that constitutes a substantial change to an existing tower or 8 existing base station. 9 c. Notwithstanding paragraph “b” , an authority may require 10 an applicant applying for the construction of a new tower to 11 state in its application that it conducted an analysis of 12 available collocation opportunities on existing towers or 13 existing base stations within the same search ring defined by 14 the applicant solely for the purpose of confirming that the 15 applicant undertook such analysis. 16 3. Dictate the type of transmission equipment or technology 17 to be used by the applicant or discriminate between different 18 types of infrastructure or technology. 19 4. a. Require the removal of existing towers, base 20 stations, or transmission equipment, wherever located, as a 21 condition to approval of an application. 22 b. Notwithstanding paragraph “a” , the authority may adopt 23 reasonable rules regarding removal of abandoned towers or 24 transmission equipment. 25 5. Impose environmental testing, sampling, or monitoring 26 requirements, or other compliance measures, for radio frequency 27 emissions from transmission equipment that are categorically 28 excluded under the federal communications commission’s 29 rules for radio frequency emissions pursuant to 47 C.F.R. 30 §1.1307(b)(1). 31 6. Establish or enforce regulations or procedures for radio 32 frequency signal strength or the adequacy of service quality. 33 7. Reject an application, in whole or in part, based on 34 perceived or alleged environmental effects of radio frequency 35 -6- LSB 2400HZ (3) 86 ad/sc 6/ 15

H.F. 655 emissions, as provided in 47 U.S.C. §332(c)(7)(B)(iv). 1 8. Prohibit the placement of emergency power systems that 2 comply with federal and state environmental requirements. 3 9. Charge an application fee, consulting fee, or other fee 4 associated with the submission, review, processing, or approval 5 of an application that is not required for similar types of 6 commercial development within the authority’s jurisdiction. 7 Fees imposed by an authority or by a third-party entity 8 providing review or technical consultation to the authority 9 shall be based on actual, direct, and reasonable administrative 10 costs incurred for the review, processing, and approval of an 11 application. In no case shall total charges and fees exceed 12 five hundred dollars for an eligible facilities request or 13 three thousand dollars for an application for a new tower, for 14 the initial placement or installation of transmission equipment 15 on a wireless support structure, for a modification of an 16 existing tower or existing base station that constitutes a 17 substantial change to an existing tower or base station, or any 18 other application to construct or place transmission equipment 19 that does not constitute an eligible facilities request. An 20 authority or any third-party entity shall not include within 21 its charges any travel expenses incurred in the review of an 22 application, and an applicant shall not be required to pay or 23 reimburse an authority for consultant or other third-party fees 24 based on a contingency or result-based arrangement. 25 10. Impose surety requirements, including bonds, 26 escrow deposits, letters of credit, or any other type 27 of financial surety, to ensure that abandoned or unused 28 towers or transmission equipment can be removed unless the 29 authority imposes similar requirements on other applicants 30 for other types of commercial development or land uses. If 31 surety requirements are imposed, the requirements must be 32 competitively neutral, nondiscriminatory, reasonable in 33 amount, and commensurate with the historical record for local 34 facilities and structures that are abandoned. 35 -7- LSB 2400HZ (3) 86 ad/sc 7/ 15

H.F. 655 11. Condition the approval of an application on the 1 applicant’s agreement to provide space on or near the tower, 2 base station, or wireless support structure for authority or 3 local governmental or nongovernmental services at less than the 4 market rate for such space or to provide other services via the 5 structure or facilities at less than the market rate for such 6 services. 7 12. Limit the duration of the approval of an application, 8 except that construction of the approved structure or 9 facilities shall be commenced within two years of final 10 approval, including the disposition of any appeals, and 11 diligently pursued to completion. 12 13. Discriminate on the basis of the ownership, including 13 ownership by the authority, of any property, structure, or 14 tower when promulgating rules or procedures for siting wireless 15 facilities or for evaluating applications. 16 Sec. 4. NEW SECTION . 8C.4 Uniform rules —— new tower 17 applications. 18 1. An authority may exercise zoning, land use, planning, 19 and permitting authority within the authority’s territorial 20 boundaries with regard to the siting of new towers, subject to 21 the provisions of this chapter and federal law. 22 2. An applicant that proposes to construct a new tower 23 within the jurisdiction of an authority that has adopted 24 planning and zoning regulations shall submit the necessary 25 copies and attachments of the application to the appropriate 26 authority and comply with applicable local ordinances 27 concerning land use and the appropriate permitting processes. 28 3. All records, documents, and electronic data, except 29 the name of the applicant and the location of the proposed 30 project, in the possession or custody of authority personnel 31 shall be considered confidential trade secrets as provided for 32 in section 22.7, subsection 3. 33 4. An authority, within one hundred fifty calendar days 34 of receiving an application to construct a new tower, unless 35 -8- LSB 2400HZ (3) 86 ad/sc 8/ 15

H.F. 655 another date is specified in a written agreement between the 1 authority and the applicant, shall comply with the following 2 provisions: 3 a. Review the application for conformity with applicable 4 local zoning regulations, building permit requirements, and 5 consistency with this chapter. An application is deemed to 6 be complete unless the authority notifies the applicant in 7 writing, within thirty calendar days of submission of the 8 application, specifying the deficiencies in the application 9 which, if cured, would make the application complete. The 10 authority’s timeframe to review the application is tolled 11 beginning the date the notice is sent. The authority’s 12 timeframe of one hundred fifty days for review of the 13 application begins running again when the applicant cures the 14 specified deficiencies. Following the applicant’s supplemental 15 submission, the authority has ten days to notify the 16 applicant that the supplemental submission did not provide the 17 information identified in the original notice that specified 18 deficiencies in the application. The authority’s timeframe of 19 one hundred fifty days to review the application is tolled in 20 the case of second or subsequent notices in conformance with 21 this paragraph. The authority shall not include deficiencies 22 in a second or subsequent notice that were not delineated in 23 the original notice. The authority’s timeframe for review does 24 not toll if the authority requests information regarding any of 25 the considerations an authority may not consider as described 26 in section 8C.3. 27 b. Make its final decision to approve or disapprove the 28 application. 29 c. Advise the applicant in writing of its final decision. 30 5. If the authority fails to act on an application to 31 construct a new tower within the timeframe for review specified 32 under subsection 4, the application shall be deemed approved. 33 6. A party aggrieved by the final action of an authority, 34 either by its affirmative disapproval of an application under 35 -9- LSB 2400HZ (3) 86 ad/sc 9/ 15

H.F. 655 the provisions of this section or by its inaction, may bring an 1 action for review in any court of competent jurisdiction. 2 Sec. 5. NEW SECTION . 8C.5 Uniform rules for certain 3 changes. 4 1. An authority may exercise zoning, land use, planning, 5 and permitting authority within the authority’s territorial 6 boundaries with regard to an application for initial placement 7 or installation of transmission equipment on wireless support 8 structures, for modification of an existing tower or existing 9 base station that constitutes a substantial change, or for a 10 request for construction or placement of transmission equipment 11 that does not constitute an eligible facilities request, 12 subject to the provisions of this chapter and federal law. 13 2. An applicant that proposes an initial placement or 14 installation of transmission equipment on wireless support 15 structures, a modification of an existing tower or existing 16 base station that constitutes a substantial change, or a 17 request for construction or placement of transmission equipment 18 that does not constitute an eligible facilities request, within 19 the jurisdiction of an authority that has adopted planning 20 and zoning ordinances, rules, or regulations shall submit the 21 necessary copies and attachments of the application to the 22 authority and comply with such applicable local ordinances, 23 rules, or regulations concerning land use and zoning and the 24 appropriate local permitting processes. 25 3. All records, including but not limited to documents and 26 electronic data, in the possession or custody of authority 27 personnel shall be considered confidential trade secrets as 28 provided for in section 22.7, subsection 3. 29 4. An authority, within ninety calendar days of receiving an 30 application pursuant to subsection 2, unless another date is 31 specified in a written agreement between the authority and the 32 applicant, shall comply with the following provisions: 33 a. Review the application for conformity with applicable 34 local zoning ordinances, rules, or regulations, building 35 -10- LSB 2400HZ (3) 86 ad/sc 10/ 15

H.F. 655 permit requirements, and consistency with this chapter. An 1 application is deemed to be complete unless the authority 2 notifies the applicant in writing, within thirty calendar 3 days of submission of the application, specifying the 4 deficiencies in the application which, if cured, would make 5 the application complete. The authority’s timeframe for 6 review is tolled beginning the date the notice is sent. The 7 authority’s ninety-day timeframe for review of the application 8 begins running again when the applicant cures the specified 9 deficiencies. Following the applicant’s supplemental 10 submission, the authority has ten days to notify the 11 applicant that the supplemental submission did not provide the 12 information identified in the original notice that specified 13 deficiencies. The authority’s ninety-day timeframe to review 14 the application is tolled in the case of second or subsequent 15 notices in conformance with this paragraph. The authority 16 shall not include deficiencies in a second or subsequent 17 notice that were not delineated in the original notice. The 18 authority’s ninety-day timeframe for review does not toll 19 if the authority requests information regarding any of the 20 considerations an authority may not consider as described in 21 section 8C.3. 22 b. Make its final decision to approve or disapprove the 23 application. 24 c. Advise the applicant in writing of its final decision. 25 5. If the authority fails to act on an application for an 26 initial placement or installation of transmission equipment on 27 wireless support structures, for a modification of an existing 28 tower or existing base station that constitutes a substantial 29 change, or for a request for construction or placement of 30 transmission equipment that does not constitute an eligible 31 facilities request within the review period specified under 32 subsection 4, the application shall be deemed approved. 33 6. A party aggrieved by the final action of an authority, 34 either by its affirmative disapproval of an application under 35 -11- LSB 2400HZ (3) 86 ad/sc 11/ 15

H.F. 655 the provisions of this section or by its inaction, may bring an 1 action for review in any court of competent jurisdiction. 2 Sec. 6. NEW SECTION . 8C.6 Use of public lands for towers 3 and transmission equipment. 4 1. In accordance with other applicable laws, when entering 5 into a lease with an applicant for the applicant’s use of 6 public lands, an authority shall offer the market rate value 7 for use of that land. The term of the lease shall be for at 8 least twenty years. 9 2. a. If the authority and the applicant cannot agree 10 on the market rate for lease of the public land and cannot 11 agree on the process to derive the market rate, the appraisals 12 of a three-person panel of appraisers shall determine the 13 market rate. Each party will appoint one appraiser and the 14 two appointed appraisers shall select a third appraiser. Each 15 appraiser shall independently appraise the appropriate market 16 rate for lease of the land. The market rate shall be set at 17 the median value between the highest and lowest market rates 18 determined by the three independent appraisers. However, if 19 the median between the appraisals of the appraisers appointed 20 by each party is greater than or less than ten percent of the 21 appraisal of the appraiser selected by the two appraisers, then 22 the appraisal of the appraiser selected by the two appraisers 23 shall determine the rate for the lease. Each appraiser 24 shall send a copy of the appraisal to the authority and the 25 applicant. The authority shall use the appraisal process under 26 this paragraph to determine the lease rate for purposes of this 27 subsection. 28 0b. An authority shall approve or reject the lease rate as 29 determined by the appraisal process pursuant to paragraph “a” 30 within fifteen days following completion and receipt of the 31 appraisals obtained pursuant to paragraph “a” . The authority’s 32 failure to reject the lease rate as determined by the appraisal 33 process within fifteen days constitutes approval of the lease 34 rate determined pursuant to paragraph “a” as the market rate 35 -12- LSB 2400HZ (3) 86 ad/sc 12/ 15

H.F. 655 value for the use of the land for purposes of the lease between 1 the authority and the applicant. 2 b. The authority and applicant shall conclude the appraisal 3 process within one hundred fifty calendar days from the date 4 the applicant first offered a proposed lease rate to the 5 authority. 6 c. If using the three-person panel, each party shall bear 7 the cost of its own appointed appraiser and equally share the 8 cost of the third appraiser. 9 Sec. 7. NEW SECTION . 8C.7 Utility poles. 10 Notwithstanding any provision to the contrary, an authority 11 shall not mandate, require, or regulate the installation, 12 location, or use of transmission equipment on a utility pole. 13 Sec. 8. NEW SECTION . 8C.8 Application and construction. 14 This chapter shall not be construed as: 15 1. Prohibiting an airport, aviation authority, or 16 municipality from administering and enforcing airport zoning 17 pursuant to the provisions of chapter 329 for the protection 18 of navigable airspace. 19 2. Infringing upon the jurisdiction of a commission, as 20 defined in section 303.20, to approve or deny applications 21 for proposed alterations to exterior features within an area 22 designated as an area of historical significance. 23 3. Infringing upon the jurisdiction of a city or county, 24 or any other entity authorized by statute, to approve or deny 25 applications for proposed alterations to exterior features of 26 designated local landmarks. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to the deployment of and applications for 31 wireless communications facilities and infrastructure. 32 The bill provides a number of definitions regarding wireless 33 facilities and infrastructure. “Authority” is defined to mean 34 a state, county, or municipal governing body, board, agency, 35 -13- LSB 2400HZ (3) 86 ad/sc 13/ 15

H.F. 655 office, or commission authorized by law to make legislative, 1 quasi-judicial, or administrative decisions relative to an 2 application. “Application” is defined as a request submitted 3 by an applicant to an authority to construct a new tower, for 4 the initial placement of transmission equipment on a wireless 5 support structure, for the modification of an existing tower 6 or existing base station that constitutes a substantial 7 change to an existing tower or existing base station, or any 8 other request to construct or place transmission equipment 9 that does not meet the definition of an eligible facilities 10 request as it is not a substantial change. “Tower” is a 11 structure built for the sole or primary purpose of supporting 12 an authorized or federal communications commission licensed 13 antenna and the associated facilities. “Wireless support 14 structure” is defined as a structure that exists at the time 15 an application is submitted and is capable of supporting the 16 attachment or installation of transmission equipment, but does 17 not include a tower or existing base station. “Transmission 18 equipment” means equipment that facilitates transmission for an 19 authorized federal communications commission licensed wireless 20 communications service. 21 The bill provides a series of uniform rules or limitations 22 applicable to all applications. The rules and limitations 23 include prohibiting requiring certain information, as specified 24 in the bill, from or about an applicant. 25 The bill provides timeframes within which an authority must 26 act upon an application to construct a new tower, for the 27 initial placement or installation of transmission equipment on 28 wireless support structures, for modification of an existing 29 tower or base station that constitutes a substantial change, 30 or for a request for construction or placement of transmission 31 equipment that does not constitute an eligible facilities 32 request. The authority may request that the applicant cure 33 deficiencies in the application, during which time the 34 timeframe for review is tolled. 35 -14- LSB 2400HZ (3) 86 ad/sc 14/ 15

H.F. 655 When entering into a lease with an applicant for the 1 applicant’s use of public land, the bill requires an authority 2 to offer the market rate value for use of that land and a lease 3 term of at least 20 years. The bill provides a process for 4 determination of the market rate value for purposes of the 5 lease if the authority and the applicant disagree on the rate. 6 The bill provides that an authority, as defined in the bill, 7 shall not mandate, require, or regulate the installation, 8 location, or use of transmission equipment on a utility pole. 9 The bill states that nothing in the bill shall be construed 10 as prohibiting an airport, aviation authority, or municipality 11 from administering and enforcing airport zoning for the 12 protection of navigable airspace. 13 The bill states that nothing in the bill should be construed 14 as infringing upon the jurisdiction of a commission, defined 15 for purposes of historical preservation districts, to approve 16 or deny applications for proposed alterations to exterior 17 features within an area designated as an area of historical 18 significance. In addition, the bill provides that nothing in 19 the bill should be construed as infringing upon a city, county, 20 or other entity authorized by statute in approving or denying 21 applications for proposed alterations to exterior features of 22 designated local landmarks. 23 -15- LSB 2400HZ (3) 86 ad/sc 15/ 15