S.F. _____ Section 1. Section 8C.2, Code 2016, is amended by adding the 1 following new subsections: 2 NEW SUBSECTION . 10A. a. “Small wireless facility” means a 3 base station which meets the following requirements: 4 (1) Each antenna is located inside an enclosure of no more 5 than six cubic feet in volume or, in the case of an antenna 6 that has exposed elements, the antenna and all of its exposed 7 elements could fit within a theoretical enclosure of no more 8 than six cubic feet in volume. 9 (2) (a) All other transmission equipment associated with 10 the base station is cumulatively no more than twenty-eight 11 cubic feet in volume. 12 (b) For purposes of this subparagraph, the electric meter, 13 concealment, telecommunications demarcation box, ground-based 14 enclosures, backup power systems, grounding equipment, power 15 transfer switch, cutoff switch, and vertical cable runs for the 16 connection of power and other services shall not be included in 17 the calculation of the volume of the associated transmission 18 equipment. 19 b. “Small wireless facility” does not include any structure 20 that supports or houses equipment described in this subsection. 21 NEW SUBSECTION . 10B. “Small wireless facility network” 22 means a collection of interrelated small wireless facilities 23 designed to deliver wireless communications service. 24 NEW SUBSECTION . 14A. “Wireless communications service” 25 means the same as defined in section 34A.2. 26 NEW SUBSECTION . 14B. “Wireless communications service 27 provider” means the same as defined in section 34A.2. 28 Sec. 2. NEW SECTION . 8C.7A Uniform rules for small wireless 29 facilities and small wireless facility networks. 30 1. Except as provided in this section and notwithstanding 31 any other provision of this chapter, an authority shall not 32 prohibit or restrict the collocation of a small wireless 33 facility or small wireless facility network. 34 2. a. A small wireless facility or small wireless facility 35 -1- LSB 6063XC (3) 86 gh/rn 1/ 6

S.F. _____ network shall be classified as a permitted land use within 1 the jursidiction of an authority that has adopted planning 2 and zoning regulations and shall not be required to obtain 3 a special or conditional land use permit for any of the 4 following: 5 (1) For locating the small wireless facility or small 6 wireless facility network on a public right-of-way or authority 7 property. 8 (2) For locating the small wireless facility or small 9 wireless facility network on property not zoned exclusively for 10 single-family residential use. 11 (3) For collocating the small wireless facility or small 12 wireless facility network on an existing tower, utility pole, 13 or wireless support structure, regardless of the location of 14 the small wireless facility or small wireless network. 15 b. A small wireless facility or small wireless facility 16 network may be classified as a special or conditional land use 17 where such small wireless facility or small wireless facility 18 network is not located on a property or collocated in a manner 19 as provided in paragraph “a” . 20 3. a. An authority may require a person to obtain a 21 building, electrical, or public right-of-way use permit for 22 the collocation of a small wireless facility or small wireless 23 facility network to the extent that such permit is of general 24 applicability and does not deny access by the small wireless 25 facility or small wireless facility network to a public 26 right-of-way. 27 b. An authority shall accept an application for, process, 28 and issue a permit under this subsection as follows: 29 (1) An applicant shall not be required to provide more 30 information or pay a higher application fee, consulting fee, 31 or other fee associated with the processing or issuance of 32 a permit than the amount charged to a telecommunications 33 service provider that is not a wireless communications service 34 provider. The total amount of fees for processing or issuing 35 -2- LSB 6063XC (3) 86 gh/rn 2/ 6

S.F. _____ a permit, including any fees charged by third parties, shall 1 not exceed five hundred dollars. An applicant shall not be 2 required to pay any additional fees or perform any services 3 relating to the acceptance, processing, or issuance of a 4 permit. 5 (2) An authority shall approve or deny a permit application 6 within sixty days following the submission of a completed 7 application. An application shall be deemed approved if the 8 authority fails to approve or deny the application within sixty 9 days following the submission of a completed application. This 10 period of time for the processing of an application may be 11 tolled to accommodate timely requests for information required 12 to complete or cure any defects in the application or may be 13 extended by mutual agreement between the authority and the 14 applicant. A single application may address one or more small 15 wireless facilities or small wireless facility networks. 16 (3) (a) An authority may deny a completed application 17 only if the application does not meet applicable building 18 or electrical codes or standards, provided such codes and 19 standards are of general applicability. An authority denying 20 an application shall document the basis for the denial, 21 including the specific code provisions or standards on which 22 the denial is based, and provide the applicant with such 23 documentation on or before the date the application is denied. 24 (b) An applicant whose application is denied shall have 25 an opportunity to cure any deficiencies identified by the 26 authority as the basis for the denial and to submit a revised 27 application within thirty days following the date of denial 28 without paying an additional fee. The authority shall approve 29 or deny a revised application within thirty days following 30 submission. 31 (4) An authority shall not limit the duration of a permit 32 issued under this subsection. 33 (5) An authority shall not impose a moratorium on the 34 processing or issuance of permits under this subsection. 35 -3- LSB 6063XC (3) 86 gh/rn 3/ 6

S.F. _____ (6) An authority shall process and issue permits on 1 a nondiscriminatory basis. An authority shall receive 2 an application for, process, and issue a permit for the 3 collocation of a small wireless facility or small wireless 4 facility network in a manner substantially comparable to 5 the permitting or licensing of other contractors within the 6 jurisdiction of the authority. 7 4. The annual recurring rate charged by an authority 8 for the collocation of a small wireless facility or small 9 wireless facility network on a utility pole shall not exceed 10 the rate computed by the federal communications commission for 11 telecommunications pole attachments in 47 C.F.R. §1.1409(e)(2). 12 5. a. An authority shall authorize the collocation of a 13 small wireless facility or small wireless facility network on 14 a wireless support structure not located within the public 15 right-of-way to the same extent the authority authorizes access 16 to such wireless support structures for other commercial 17 projects or uses, and may authorize the collocation even if the 18 authority has not previously permitted such access. 19 b. A collocation authorized under this subsection shall 20 be subject to reasonable rates, terms, and conditions as 21 provided in one or more agreements between the authority and 22 the wireless communications service provider. Notwithstanding 23 chapter 480A, the annual recurring rate for such collocation 24 as charged by an authority shall not exceed the least of 25 the amount charged for a similar commercial project or use 26 to occupy a similar area of space on similarly situated 27 property, the projected cost to the authority resulting from 28 the collocation, or five hundred dollars. 29 6. A party aggrieved by the final action of an authority, 30 either by its affirmative action on a permit, term or 31 condition, or rate under the provisions of this section or by 32 its inaction, may bring an action for review in any court of 33 competent jurisdiction. 34 Sec. 3. REPEAL. Section 8C.9, Code 2016, is repealed. 35 -4- LSB 6063XC (3) 86 gh/rn 4/ 6

S.F. _____ EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to the collocation of small wireless 4 facilities and small facility networks. 5 Code chapter 8C provides a series of uniform rules and 6 limitations for the deployment of and applications for wireless 7 communications facilities and infrastructure. The bill adds 8 specific rules and limitations for the deployment of and 9 application for small wireless facilities and small wireless 10 facility networks to this Code chapter. 11 The bill defines “small wireless facility” as a base 12 station where each antenna is located inside an enclosure of 13 no more than six cubic feet in volume or, in the case of an 14 antenna with exposed elements, the antenna could fit in a 15 theoretical enclosure of six cubic feet in volume, and all 16 other transmission equipment, except for certain equipment 17 described in the bill, is cumulatively no more than 28 cubic 18 feet in volume. A “small wireless facility” does not include 19 any structure that supports or houses equipment. The bill 20 defines “small wireless facility network” as a collection of 21 interrelated small wireless facilities designed to deliver 22 wireless communications service. 23 The bill prohibits an authority from restricting the 24 collocation of small wireless facilities or small wireless 25 facility networks. Such facilities or networks are to be 26 classified as permitted land uses in zoning districts where 27 the facilities or networks are located on public rights-of-way 28 authority property or on property not zoned exclusively for 29 single-family residential use, or where the facilities or 30 networks are collocated on existing towers, utility poles, 31 or wireless support structures. Facilities or networks not 32 located on such property or collocated in such a manner may be 33 classified as special or conditional uses. 34 The bill provides that an authority may require a person to 35 -5- LSB 6063XC (3) 86 gh/rn 5/ 6

S.F. _____ obtain building, electrical, or public way use permits for the 1 collocation of small wireless facilities and small wireless 2 facility networks if such permit is of general applicability 3 and does not deny a facility or network access to a public 4 right-of-way. 5 The bill provides a series of rules and limitations 6 applicable to an application for a permit. The rules and 7 limitations include prohibiting requiring certain information 8 from or about an applicant, limiting the amount of application 9 fees for processing or issuing a permit, time frames within 10 which an authority must approve or deny a permit application, 11 standards for the denial of a permit application, prohibiting 12 limitations on the duration of a permit, prohibiting the 13 imposition of a moratorium on the processing or issuance of 14 permits, and prohibiting the processing or issuance of permits 15 on a discriminatory basis, as specified in the bill. 16 The bill provides that the annual recurring rate charged 17 by an authority for the collocation of small wireless 18 facilities or small wireless facility networks on utility poles 19 cannot exceed the rate computed for telecommunications pole 20 attachments pursuant to federal law. 21 The bill provides that an authority must authorize the 22 collocation of small wireless facilities and small wireless 23 facility networks on wireless support structures not located 24 within public rights-of-way to the same extent the authority 25 permits access for other commercial projects or uses. The 26 annual recurring rate for such collocation cannot exceed 27 the least of the amount charged for a similar project on 28 similar property, the projected cost to the authority for the 29 collocation, or $500. 30 The bill provides that a party aggrieved by the final action 31 or inaction of an authority may bring an action for review in 32 any court of competent jurisdiction. 33 The bill repeals current Code section 8C.9, which repeals 34 Code chapter 8C on July 1, 2020. 35 -6- LSB 6063XC (3) 86 gh/rn 6/ 6