House
File
380
-
Introduced
HOUSE
FILE
380
BY
MOHR
A
BILL
FOR
An
Act
relating
to
the
siting
of
small
wireless
facilities
and
1
the
authorization
of
joint
financing
of
telecommunications
2
facilities.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
8C.2,
subsections
3
and
14,
Code
2017,
1
are
amended
to
read
as
follows:
2
3.
“Authority”
,
used
as
a
noun,
means
a
state,
county,
3
or
city
governing
body,
board,
agency,
office,
or
commission
4
authorized
by
law
to
make
legislative,
quasi-judicial,
5
or
administrative
decisions
relative
to
an
application.
6
“Authority”
does
not
include
state
courts
having
jurisdiction
7
over
land
use,
planning,
or
zoning
decisions
made
by
an
8
authority,
the
utilities
division
of
the
department
of
9
commerce,
or
entities
municipally
owned
utilities
established
10
under
Title
IX,
subtitle
4
of
the
Code
that
do
not
have
zoning
11
or
permitting
authority
with
respect
to
the
siting
of
small
12
wireless
facilities
pursuant
to
section
8C.7A
.
13
14.
“Utility
pole”
means
a
pole
or
similar
structure
14
owned
or
operated
utilized
in
whole
or
in
part
by
a
public
15
utility,
municipality,
wireless
service
provider
or
electric
16
utility
that
is
designed
specifically
for
and
used
to
carry
17
lines,
cable,
transmission
equipment,
or
wires
for
telephone,
18
wireless
service,
cable
television,
or
electricity
service
,
or
19
to
provide
for
lighting
,
traffic
control,
signage,
or
other
20
similar
functions
.
21
Sec.
2.
Section
8C.2,
Code
2017,
is
amended
by
adding
the
22
following
new
subsections:
23
NEW
SUBSECTION
.
10A.
a.
“Small
wireless
facility”
means
a
24
wireless
facility
that
meets
the
following
requirements:
25
(1)
Each
antenna
is
no
more
than
six
cubic
feet
in
volume.
26
(2)
(a)
All
other
equipment
associated
with
the
base
27
station
is
cumulatively
no
more
than
twenty-eight
cubic
feet
28
in
volume.
29
(b)
For
purposes
of
this
subparagraph,
volume
shall
be
30
measured
by
the
external
displacement
of
the
primary
equipment
31
enclosure,
not
the
internal
volume
of
such
enclosure.
An
32
associated
electric
meter,
concealment,
telecommunications
33
demarcation
box,
ground-based
enclosures,
battery
backup
power
34
systems,
grounding
equipment,
power
transfer
switch,
cutoff
35
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switch,
cable,
conduit,
and
any
equipment
that
is
concealed
1
from
public
view
within
or
behind
an
existing
structure
or
2
concealment
may
be
located
outside
of
the
primary
equipment
3
enclosure
and
shall
not
be
included
in
the
calculation
of
the
4
equipment
volume.
5
b.
“Small
wireless
facility”
does
not
include
any
structure
6
that
supports
or
houses
equipment
described
in
this
subsection.
7
NEW
SUBSECTION
.
14A.
“Wireless
facility”
means
equipment
8
at
a
fixed
location
that
enables
the
transmission
of
wireless
9
communications
and
information
of
any
kind
between
user
10
equipment
and
a
communications
network.
11
NEW
SUBSECTION
.
14B.
“Wireless
service”
means
any
fixed
or
12
mobile
service
using
licensed
or
unlicensed
wireless
spectrum
13
and
provided
by
a
wireless
facility.
14
NEW
SUBSECTION
.
14C.
“Wireless
service
provider”
means
a
15
provider
of
wireless
service.
16
Sec.
3.
NEW
SECTION
.
8C.7A
Uniform
rules
for
small
wireless
17
facilities
——
permit
approval.
18
1.
a.
Except
as
provided
in
this
section,
an
authority
19
shall
not
prohibit
or
restrict
the
siting
of
a
small
wireless
20
facility.
21
b.
For
purposes
of
this
section,
“siting”
means
the
22
mounting,
installation,
maintenance,
modification,
operation,
23
or
replacement
of
a
small
wireless
facility
on
or
adjacent
to
24
any
of
the
following:
25
(1)
An
existing
tower,
utility
pole,
wireless
support
26
structure,
or
other
existing
structure.
27
(2)
A
new
utility
pole
of
a
similar
height,
location,
and
28
appearance
as
an
existing
structure.
29
(3)
A
replacement
utility
pole
of
a
similar
height,
30
location,
and
appearance
as
an
existing
structure.
31
2.
a.
An
authority
that
has
adopted
planning
and
zoning
32
regulations
shall
authorize
the
siting
of
a
small
wireless
33
facility
within
its
jurisdiction
and
shall
not
require
a
person
34
to
obtain
a
special
or
conditional
land
use
permit
for
any
of
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the
following:
1
(1)
For
siting
the
small
wireless
facility
on
a
public
2
right-of-way
or
authority
property.
3
(2)
For
siting
the
small
wireless
facility
on
an
existing
4
tower,
utility
pole,
or
wireless
support
structure,
regardless
5
of
the
location
of
the
small
wireless
facility,
except
for
6
on
property
zoned
and
used
exclusively
for
single-family
7
residential
use
or
within
a
previously
designated
area
of
8
historical
significance
pursuant
to
section
303.34.
9
b.
A
small
wireless
facility
may
be
classified
as
a
special
10
or
conditional
land
use
where
such
small
wireless
facility
is
11
not
sited
on
a
property
or
sited
in
a
manner
as
provided
in
12
paragraph
“a”
.
13
c.
An
authority
may
require
a
person
to
obtain
a
special
14
or
conditional
land
use
permit
to
install
a
new
utility
15
pole
or
wireless
support
structure
for
the
siting
of
a
small
16
wireless
facility
on
property
zoned
and
used
exclusively
for
17
single-family
residential
use
or
within
a
previously
designated
18
area
of
historical
significance
pursuant
to
section
303.34.
19
3.
a.
An
authority
may
require
a
person
to
obtain
a
20
building,
electrical,
or
public
right-of-way
use
permit
for
21
the
siting
of
a
small
wireless
facility
to
the
extent
that
22
such
permit
is
of
general
applicability
and
does
not
deny
23
access
by
the
small
wireless
facility
to
a
public
right-of-way.
24
Notwithstanding
this
paragraph,
an
authority
shall
not
require
25
a
person
to
obtain
a
permit
for
the
routine
maintenance
of
a
26
previously
approved
small
wireless
facility
or
the
replacement
27
of
a
previously
approved
small
wireless
facility
with
a
28
facility
of
substantially
similar
height,
weight,
and
wind
29
and
structural
loading,
provided,
however,
that
an
authority
30
may
require
a
person
to
obtain
a
permit
to
work
in
a
public
31
right-of-way
with
the
same
terms
and
conditions
provided
for
32
other
commercial
projects
or
uses
in
the
public
right-of-way.
33
b.
An
authority
shall
not
require
a
person
to
apply
for
or
34
enter
into
an
individual
license,
franchise,
or
other
agreement
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with
the
authority
or
any
other
entity
for
the
siting
of
a
1
small
wireless
facility
on
a
utility
pole
located
on
a
public
2
right-of-way
or
authority
property,
except
that
an
authority
3
may
establish
nondiscriminatory,
competitively
neutral
and
4
commercially
reasonable
rates,
terms,
and
conditions
set
forth
5
in
a
building
permit
obtained
pursuant
to
this
subsection
which
6
shall
comply
with
the
federal
pole
attachment
requirements
7
provided
in
47
U.S.C.
§224
and
any
regulations
promulgated
8
thereunder.
9
c.
(1)
A
new,
replacement,
or
modified
utility
pole
or
10
wireless
support
structure
installed
in
the
public
right-of-way
11
for
the
siting
of
a
small
wireless
facility
shall
not
exceed
12
the
greater
of
ten
feet
in
height
above
the
tallest
utility
13
pole
existing
on
or
before
July
1,
2017,
located
within
five
14
hundred
feet
of
the
new
or
replacement
utility
pole
in
the
15
same
public
right-of-way,
or
fifty
feet
in
height
above
ground
16
level.
17
(2)
Notwithstanding
subparagraph
(1),
a
person
may
18
construct,
modify,
or
maintain
a
utility
pole
along,
across,
19
and
under
a
public
right-of-way
in
excess
of
the
size
limits
20
provided
in
subparagraph
(1),
subject
to
applicable
zoning
21
regulations.
22
(3)
A
person
shall
comply
with
nondiscriminatory
23
undergrounding
requirements
that
prohibit
wireless
service
24
providers
from
installing
structures
in
the
public
right-of-way
25
without
prior
zoning
approval
in
areas
zoned
and
used
for
26
single-family
residential
use,
provided
that
such
requirements
27
shall
not
prohibit
the
replacement
of
existing
structures.
28
d.
An
authority
shall
accept
an
application
for,
process,
29
and
issue
a
permit
under
this
subsection
as
follows:
30
(1)
An
applicant
shall
not
be
required
to
provide
more
31
information
or
pay
a
higher
application
fee,
consulting
fee,
32
or
other
fee
associated
with
the
processing
or
issuance
of
a
33
permit
than
the
amount
charged
to
a
telecommunications
service
34
provider
that
is
not
a
wireless
service
provider.
The
total
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amount
of
fees
for
processing
or
issuing
a
permit,
including
1
any
fees
charged
by
third
parties,
shall
not
exceed
five
2
hundred
dollars
for
an
application
addressing
no
more
than
five
3
small
wireless
facilities,
and
an
additional
fifty
dollars
4
for
each
small
wireless
facility
addressed
in
an
application
5
in
excess
of
five
small
wireless
facilities.
An
applicant
6
shall
not
be
required
to
pay
any
additional
fees
or
perform
any
7
services
relating
to
the
acceptance,
processing,
or
issuance
8
of
a
permit,
nor
provide
any
services
unrelated
to
the
siting
9
of
the
small
wireless
facility.
The
total
amount
of
fees
10
shall
be
adjusted
every
five
years
to
reflect
any
increases
or
11
decreases
in
the
consumer
price
index,
rounded
to
the
nearest
12
five
dollars.
13
(2)
An
authority
shall
approve
or
deny
a
permit
application
14
within
sixty
days
following
the
submission
of
a
completed
15
application.
An
application
shall
be
deemed
approved
if
the
16
authority
fails
to
approve
or
deny
the
application
within
sixty
17
days
following
the
submission
of
a
completed
application.
This
18
period
of
time
for
the
processing
of
an
application
may
be
19
tolled
to
accommodate
timely
requests
for
information
required
20
to
complete
or
cure
any
defects
in
the
application
or
may
be
21
extended
by
mutual
agreement
between
the
authority
and
the
22
applicant.
An
applicant
may
address
one
or
more
small
wireless
23
facilities
in
a
single
application.
24
(3)
(a)
An
authority
may
deny
a
completed
application
25
only
if
the
application
fails
to
include
information
required
26
under
this
subsection,
does
not
meet
applicable
building
27
or
electrical
codes
or
standards,
provided
such
codes
and
28
standards
are
of
general
applicability,
or
where
an
engineer
29
certifies
that
siting
the
small
wireless
facility
would
30
compromise
the
structural
safety
of
the
utility
pole
or
31
wireless
support
structure
on
which
it
is
proposed
to
be
sited
32
and
the
applicant
refuses
to
reimburse
the
authority
for
33
the
costs
of
replacing
the
utility
pole
or
wireless
support
34
structure
with
a
utility
pole
or
wireless
support
structure
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that
can
safely
support
the
small
wireless
facility.
An
1
authority
denying
an
application
shall
document
the
basis
for
2
the
denial,
including
the
specific
code
provisions
or
standards
3
on
which
the
denial
is
based,
and
provide
the
applicant
with
4
such
documentation
on
or
before
the
date
the
application
is
5
denied.
6
(b)
An
applicant
whose
application
is
denied
shall
have
7
an
opportunity
to
cure
any
deficiencies
identified
by
the
8
authority
as
the
basis
for
the
denial
and
to
submit
a
revised
9
application
within
thirty
days
following
the
date
of
denial
10
without
paying
an
additional
fee.
The
authority
shall
approve
11
or
deny
a
revised
application
within
thirty
days
following
12
submission.
The
authority
shall
not
identify
any
deficiencies
13
in
a
second
or
subsequent
denial
that
were
not
identified
in
14
the
original
denial.
15
(4)
An
authority
shall
not
limit
the
duration
of
a
permit
16
issued
under
this
subsection,
provided,
however,
that
the
17
construction
of
a
small
wireless
facility
permitted
pursuant
18
to
this
subsection
shall
commence
no
later
than
two
years
19
following
the
date
that
the
permit
is
issued,
or
two
years
20
after
any
appeals
are
exhausted.
21
(5)
An
authority
shall
not
impose
a
moratorium
on
the
22
processing
or
issuance
of
permits
under
this
subsection.
23
(6)
An
authority
shall
process
and
issue
permits
on
a
24
nondiscriminatory
basis.
An
authority
shall
receive
an
25
application
for,
process,
and
issue
a
permit
for
the
siting
of
26
a
small
wireless
facility
in
a
manner
substantially
comparable
27
to
the
permitting
of
other
applicants
within
the
jurisdiction
28
of
the
authority,
and
may
not
impose
discriminatory
licensing
29
standards
for
persons
siting
small
wireless
facilities.
30
4.
The
annual
recurring
rate
charged
by
an
authority
31
for
the
siting
of
a
small
wireless
facility
on
an
authority
32
utility
pole
shall
not
exceed
the
rate
computed
by
the
33
federal
communications
commission
for
telecommunications
pole
34
attachments
in
47
C.F.R.
§1.1409(e)(2).
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5.
a.
An
authority
shall
authorize
the
siting
of
a
small
1
wireless
facility
on
a
wireless
support
structure
not
located
2
within
the
public
right-of-way
to
the
same
extent
the
authority
3
authorizes
access
to
such
wireless
support
structures
for
other
4
commercial
projects
or
uses,
and
may
authorize
the
siting
even
5
if
the
authority
has
not
previously
permitted
such
access.
6
b.
A
siting
authorized
under
this
subsection
shall
be
7
subject
to
reasonable
rates,
terms,
and
conditions
as
provided
8
in
one
or
more
agreements
between
the
authority
and
the
9
wireless
service
provider.
Notwithstanding
chapter
480A,
10
the
annual
recurring
rate
for
such
siting
as
charged
by
an
11
authority
shall
not
exceed
the
least
of
any
of
the
following:
12
(1)
The
amount
charged
for
a
similar
commercial
project
or
13
use
to
occupy
a
similar
area
of
space
on
similarly
situated
14
property.
15
(2)
The
projected
cost
to
the
authority
resulting
from
the
16
siting.
17
(3)
One
hundred
dollars,
adjusted
every
five
years
to
18
reflect
any
increases
or
decreases
in
the
consumer
price
index,
19
rounded
to
the
nearest
five
dollars.
20
6.
A
party
aggrieved
by
the
final
action
of
an
authority,
21
either
by
its
affirmative
action
on
a
permit,
term
or
22
condition,
or
rate
under
the
provisions
of
this
section
or
by
23
its
inaction,
may
bring
an
action
for
review
in
any
court
of
24
competent
jurisdiction.
25
7.
This
section
shall
not
modify
the
rights
and
obligations
26
of
an
owner
of
a
utility
pole
under
47
C.F.R.
§1.1401
et
seq.,
27
and
the
Iowa
electrical
safety
code.
28
Sec.
4.
NEW
SECTION
.
8C.7B
Small
wireless
facilities
——
29
violation
and
removal.
30
1.
A
public
utility
that
owns
or
controls
a
utility
pole
to
31
which
a
small
wireless
facility
is
sited
in
alleged
violation
32
of
the
Iowa
electrical
safety
code
or
any
other
provision
of
33
law
shall
notify,
in
writing
or
by
any
other
method
agreed
upon
34
by
the
parties
in
writing,
the
owner
of
the
small
wireless
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facility
of
the
alleged
violation.
The
notice
shall
include
1
the
following
information:
2
a.
The
address
and
location
where
the
alleged
violation
3
occurred.
4
b.
A
description
of
the
alleged
violation.
5
c.
Suggested
corrective
action.
6
2.
Upon
the
receipt
of
notice
of
an
alleged
violation,
the
7
owner
shall
respond
to
the
public
utility
within
sixty
days
in
8
writing
or
by
any
other
method
agreed
upon
by
the
parties
in
9
writing.
The
response
shall
include
the
following
information:
10
a.
A
statement
disclosing
whether
or
not
the
person
owns
the
11
small
wireless
facility
in
dispute.
12
b.
A
statement
disclosing
that
the
owner
disputes
that
the
13
violation
has
occurred,
if
applicable.
14
c.
A
plan
for
corrective
action
if
the
owner
does
not
15
dispute
that
the
violation
has
occurred.
16
d.
A
statement
disclosing
whether
the
violation
has
been
17
corrected,
if
the
owner
does
not
dispute
that
the
violation
has
18
occurred.
19
3.
The
owner
of
a
small
wireless
facility
in
alleged
20
violation
of
section
8C.7A
or
any
other
applicable
provision
21
of
law
shall
correct
the
alleged
violation
within
one
hundred
22
eighty
days
after
receiving
notice
of
the
violation
unless,
23
for
good
cause
shown,
a
delay
for
taking
corrective
action
24
is
appropriate
or
if
the
parties
otherwise
agree
in
writing
25
to
extend
the
time
required
to
take
corrective
action.
Good
26
cause
for
a
delay
in
corrective
action
shall
include
but
is
27
not
limited
to
a
dispute
over
whether
the
person
owns
the
28
small
wireless
facility
in
dispute,
or
a
dispute
over
whether
29
the
alleged
violation
has
occurred,
if
taking
corrective
30
action
within
the
required
time
frame
is
not
possible
due
to
31
circumstances
which
are
beyond
the
control
of
the
owner
of
32
the
small
wireless
facility.
The
public
utility
and
owner
of
33
the
small
wireless
facility
shall
cooperate
in
determining
an
34
efficient
and
cost-effective
solution
to
correct
an
alleged
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violation.
1
4.
If
the
parties
cannot
resolve
the
dispute
after
following
2
the
procedures
provided
in
subsections
1
through
3,
either
3
party
may
file
an
action
concerning
an
alleged
violation
under
4
this
section
in
the
district
court
for
the
county
in
which
the
5
violation
is
alleged
to
have
occurred,
for
injunctive
relief
or
6
any
other
appropriate
remedy,
including
the
removal
of
a
small
7
wireless
facility
deemed
by
the
court
to
be
in
violation
of
the
8
Iowa
electrical
safety
code.
9
Sec.
5.
Section
8C.9,
Code
2017,
is
amended
to
read
as
10
follows:
11
8C.9
Repeal.
12
This
chapter
is
repealed
July
1,
2020
2022
.
13
Sec.
6.
Section
28F.1,
subsection
1,
Code
2017,
is
amended
14
to
read
as
follows:
15
1.
This
chapter
provides
a
means
for
the
joint
financing
16
by
public
agencies
of
works
or
facilities
useful
and
necessary
17
for
the
collection,
treatment,
purification,
and
disposal
18
in
a
sanitary
manner
of
liquid
and
solid
waste,
sewage,
19
and
industrial
waste,
facilities
used
for
the
conversion
of
20
solid
waste
to
energy,
works
or
facilities
useful
for
the
21
operation
of
a
telecommunications
system
or
the
provision
of
22
telecommunications
services,
and
also
electric
power
facilities
23
constructed
within
the
state
of
Iowa,
except
that
hydroelectric
24
power
facilities
may
also
be
located
in
the
waters
and
on
the
25
dams
of
or
on
land
adjacent
to
either
side
of
the
Mississippi
26
or
Missouri
river
bordering
the
state
of
Iowa,
water
supply
27
systems,
swimming
pools
or
golf
courses.
This
chapter
applies
28
to
the
acquisition,
construction,
reconstruction,
ownership,
29
operation,
repair,
extension,
or
improvement
of
such
works
30
or
facilities,
by
a
separate
administrative
or
legal
entity
31
created
pursuant
to
chapter
28E
or
chapter
389
.
When
the
32
legal
entity
created
under
this
chapter
is
comprised
solely
33
of
cities,
counties,
and
sanitary
districts
established
under
34
chapter
358
,
or
any
combination
thereof
or
any
combination
of
35
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the
foregoing
with
other
public
agencies,
the
entity
shall
1
be
both
a
corporation
and
a
political
subdivision
with
the
2
name
under
which
it
was
organized.
The
legal
entity
may
sue
3
and
be
sued,
contract,
acquire
and
hold
real
and
personal
4
property
necessary
for
corporate
purposes,
adopt
a
corporate
5
seal
and
alter
the
seal
at
pleasure,
and
execute
all
the
powers
6
conferred
in
this
chapter
.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
authorizes
the
siting
of
small
wireless
facilities
11
and
the
joint
financing
of
telecommunications
facilities.
12
Code
chapter
8C
provides
a
series
of
uniform
rules
and
13
limitations
for
the
deployment
of
and
applications
for
wireless
14
communications
facilities
and
infrastructure.
The
bill
adds
15
specific
rules
and
limitations
for
the
application
for
and
16
deployment
of
small
wireless
facilities.
17
The
bill
amends
the
definition
of
“authority”
in
Code
18
section
8C.2
to
exclude
municipally
owned
utilities
established
19
under
Title
IX,
subtitle
4
of
the
Code
that
do
not
have
zoning
20
or
permitting
authority
with
respect
to
the
siting
of
small
21
wireless
facilities.
The
bill
defines
“siting”
to
mean
the
22
mounting,
installation,
maintenance,
modification,
operation,
23
or
replacement
of
a
small
wireless
facility
on
or
adjacent
to
24
an
existing
utility
pole
or
other
structure,
a
replacement
25
utility
pole,
or
a
new
utility
pole.
The
bill
defines
“small
26
wireless
facility”
as
a
wireless
facility
where
each
antenna
is
27
no
more
than
six
cubic
feet
in
volume
and
all
other
equipment,
28
except
for
certain
equipment
described
in
the
bill,
is
29
cumulatively
no
more
than
28
cubic
feet
in
volume,
as
measured
30
by
its
external
displacement.
A
“small
wireless
facility”
does
31
not
include
any
structure
that
supports
or
houses
equipment.
32
The
bill
amends
the
definition
of
“utility
pole”
in
Code
33
section
8C.2
to
include
wireless
service.
The
bill
defines
34
“wireless
facility”
to
mean
equipment
at
a
fixed
location
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that
enables
the
transmission
of
wireless
communications
1
and
information
of
any
kind
between
user
equipment
and
a
2
communications
network.
The
bill
defines
“wireless
service”
to
3
mean
any
fixed
or
mobile
service
using
licensed
or
unlicensed
4
wireless
spectrum
and
provided
by
a
wireless
facility.
The
5
bill
defines
“wireless
service
provider”
to
mean
a
provider
of
6
wireless
service.
7
The
bill
prohibits
an
authority
from
restricting
the
siting
8
of
small
wireless
facilities.
An
authority
with
planning
9
and
zoning
regulations
shall
authorize
such
facilities
in
10
zoning
districts
where
the
facilities
are
located
on
public
11
rights-of-way
or
authority
property,
or
where
the
facilities
12
are
sited
on
certain
existing
structures.
Facilities
not
sited
13
on
such
property
or
sited
in
such
a
manner
may
be
classified
as
14
special
or
conditional
uses.
An
authority
may
also
require
a
15
person
to
obtain
a
special
or
conditional
land
use
permit
to
16
install
new
utility
poles
or
wireless
support
structures
on
17
certain
property.
18
The
bill
provides
that
an
authority
may
require
a
person
19
to
obtain
building,
electrical,
or
public
way
use
permits
for
20
the
siting
of
small
wireless
facilities
if
such
permit
is
of
21
general
applicability
and
does
not
deny
a
facility
access
to
22
a
public
right-of-way.
However,
an
authority
cannot
require
23
a
person
to
obtain
a
permit
for
the
routine
maintenance
or
24
replacement
of
a
previously
approved
facility
unless
such
25
permit
contains
the
same
terms
and
conditions
provided
for
26
other
commercial
projects
or
uses
in
the
public
right-of-way.
27
The
bill
prohibits
an
authority
from
requiring
a
person
to
28
enter
into
an
individual
license,
franchise,
or
other
agreement
29
with
the
authority
for
the
siting
of
small
wireless
facilities
30
on
utility
poles
located
on
public
rights-of-way
or
authority
31
property,
subject
to
nondiscriminatory,
competitively
neutral
32
and
commercially
reasonable
terms
and
conditions
provided
in
33
a
building
permit
obtained
pursuant
to
the
bill
and
which
34
complies
with
federal
pole
attachment
requirements.
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The
bill
provides
that
a
new,
replacement,
or
modified
1
utility
pole
or
wireless
support
structure
installed
in
2
the
public
right-of-way
for
the
siting
of
a
small
wireless
3
facility
shall
not
exceed
the
greater
of
10
feet
in
height
4
above
the
tallest
utility
pole
existing
on
or
before
July
5
1,
2017,
located
within
500
feet
of
the
new
or
replacement
6
utility
pole
in
the
same
public
right-of-way,
or
50
feet
in
7
height
above
ground
level.
However,
a
person
may
construct,
8
modify,
or
maintain
a
utility
pole
along,
across,
and
9
under
a
public
right-of-way
in
excess
of
such
size
limits,
10
subject
to
applicable
zoning
regulations
and
compliance
with
11
nondiscriminatory
undergrounding
requirements.
12
The
bill
provides
a
series
of
rules
and
limitations
13
applicable
to
an
application
for
a
permit.
The
rules
and
14
limitations
include
prohibiting
requiring
certain
information
15
from
or
about
an
applicant,
limiting
the
amount
of
application
16
fees
for
processing
or
issuing
a
permit,
time
frames
within
17
which
an
authority
must
approve
or
deny
a
permit
application,
18
standards
for
the
denial
of
a
permit
application,
prohibiting
19
the
imposition
of
a
moratorium
on
the
processing
or
issuance
of
20
permits,
and
prohibiting
the
processing
or
issuance
of
permits
21
on
a
discriminatory
basis,
as
specified
in
the
bill.
22
The
bill
provides
that
the
annual
recurring
rate
charged
23
by
an
authority
for
the
siting
of
small
wireless
facilities
24
on
utility
poles
cannot
exceed
the
rate
computed
for
25
telecommunications
pole
attachments
pursuant
to
federal
law.
26
The
bill
provides
that
an
authority
must
authorize
the
27
siting
of
small
wireless
facilities
on
wireless
support
28
structures
not
located
within
public
rights-of-way
to
the
29
same
extent
the
authority
permits
access
for
other
commercial
30
projects
or
uses,
and
may
authorize
the
siting
even
if
the
31
authority
has
not
previously
permitted
access.
The
annual
32
recurring
rate
for
such
siting
cannot
exceed
the
least
of
the
33
amount
charged
for
a
similar
project
on
similar
property,
34
the
projected
cost
to
the
authority
for
the
siting,
or
$100,
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adjusted
every
five
years
to
reflect
changes
in
the
consumer
1
price
index.
2
The
bill
provides
that
a
party
aggrieved
by
the
final
action
3
or
inaction
of
an
authority
may
bring
an
action
for
review
in
4
any
court
of
competent
jurisdiction.
5
The
bill
provides
that
a
public
utility
that
owns
or
6
controls
a
utility
pole
to
which
a
small
wireless
facility
7
is
sited
in
alleged
violation
of
the
Iowa
electrical
safety
8
code
or
any
other
applicable
law
must
notify
the
owner
of
9
the
small
wireless
facility
of
the
violation,
which
must
10
include
the
location
of
the
alleged
violation,
a
description
11
of
the
alleged
violation,
and
suggested
corrective
action.
12
The
owner
of
the
small
wireless
facility
must
respond
to
the
13
public
utility
within
60
days,
which
must
include
a
statement
14
as
to
whether
the
person
is
the
owner
of
the
small
wireless
15
facility
in
dispute,
a
statement
as
to
whether
the
owner
16
disputes
the
violation,
a
plan
for
corrective
action
if
the
17
owner
does
not
dispute
the
violation,
and
a
statement
as
to
18
whether
the
violation
has
been
corrected.
The
owner
must
take
19
corrective
action
to
correct
an
alleged
violation
within
180
20
days
after
receiving
notice
of
the
alleged
violation,
unless
21
good
cause
is
shown
that
a
delay
is
appropriate,
as
specified
22
in
the
bill.
The
bill
provides
that
either
party
may
file
23
an
action
concerning
an
alleged
violation
in
the
appropriate
24
district
court
for
injunctive
relief
or
any
other
appropriate
25
remedy,
including
the
removal
of
a
small
wireless
facility,
26
if
the
parties
cannot
resolve
the
dispute
after
following
the
27
procedures
provided
in
the
bill.
28
The
bill
amends
Code
section
8C.9
to
repeal
Code
chapter
8C
29
on
July
1,
2022,
instead
of
on
July
1,
2020.
30
Code
chapter
28F
provides
for
the
joint
financing
by
public
31
agencies
of
certain
public
works
and
facilities.
The
bill
32
amends
Code
section
28F.1
to
include
works
or
facilities
33
useful
for
the
operation
of
a
telecommunications
system
or
34
the
provision
of
telecommunications
services
in
the
list
of
35
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specified
facilities
subject
to
joint
financing
by
public
1
agencies.
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