S.F. 431 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 -1- LSB 1820SV (2) 87 gh/rn/rj 1/ 13

S.F. 431 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 35 -2- LSB 1820SV (2) 87 gh/rn/rj 2/ 13

S.F. 431 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 35 -3- LSB 1820SV (2) 87 gh/rn/rj 3/ 13

S.F. 431 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 35 -4- LSB 1820SV (2) 87 gh/rn/rj 4/ 13

S.F. 431 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 35 -5- LSB 1820SV (2) 87 gh/rn/rj 5/ 13

S.F. 431 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). 35 -6- LSB 1820SV (2) 87 gh/rn/rj 6/ 13

S.F. 431 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 35 -7- LSB 1820SV (2) 87 gh/rn/rj 7/ 13

S.F. 431 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 35 -8- LSB 1820SV (2) 87 gh/rn/rj 8/ 13

S.F. 431 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 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill authorizes the siting of small wireless 17 facilities. 18 Code chapter 8C provides a series of uniform rules and 19 limitations for the deployment of and applications for wireless 20 communications facilities and infrastructure. The bill adds 21 specific rules and limitations for the application for and 22 deployment of small wireless facilities. 23 The bill amends the definition of “authority” in Code 24 section 8C.2 to exclude municipally owned utilities established 25 under Title IX, subtitle 4 of the Code that do not have zoning 26 or permitting authority with respect to the siting of small 27 wireless facilities. The bill defines “siting” to mean the 28 mounting, installation, maintenance, modification, operation, 29 or replacement of a small wireless facility on or adjacent to 30 an existing utility pole or other structure, a replacement 31 utility pole, or a new utility pole. The bill defines “small 32 wireless facility” as a wireless facility where each antenna is 33 no more than six cubic feet in volume and all other equipment, 34 except for certain equipment described in the bill, is 35 -9- LSB 1820SV (2) 87 gh/rn/rj 9/ 13

S.F. 431 cumulatively no more than 28 cubic feet in volume, as measured 1 by its external displacement. A “small wireless facility” does 2 not include any structure that supports or houses equipment. 3 The bill amends the definition of “utility pole” in Code 4 section 8C.2 to include wireless service. The bill defines 5 “wireless facility” to mean equipment at a fixed location 6 that enables the transmission of wireless communications 7 and information of any kind between user equipment and a 8 communications network. The bill defines “wireless service” to 9 mean any fixed or mobile service using licensed or unlicensed 10 wireless spectrum and provided by a wireless facility. The 11 bill defines “wireless service provider” to mean a provider of 12 wireless service. 13 The bill prohibits an authority from restricting the siting 14 of small wireless facilities. An authority with planning 15 and zoning regulations shall authorize such facilities in 16 zoning districts where the facilities are located on public 17 rights-of-way or authority property, or where the facilities 18 are sited on certain existing structures. Facilities not sited 19 on such property or sited in such a manner may be classified as 20 special or conditional uses. An authority may also require a 21 person to obtain a special or conditional land use permit to 22 install new utility poles or wireless support structures on 23 certain property. 24 The bill provides that an authority may require a person 25 to obtain building, electrical, or public way use permits for 26 the siting of small wireless facilities if such permit is of 27 general applicability and does not deny a facility access to 28 a public right-of-way. However, an authority cannot require 29 a person to obtain a permit for the routine maintenance or 30 replacement of a previously approved facility unless such 31 permit contains the same terms and conditions provided for 32 other commercial projects or uses in the public right-of-way. 33 The bill prohibits an authority from requiring a person to 34 enter into an individual license, franchise, or other agreement 35 -10- LSB 1820SV (2) 87 gh/rn/rj 10/ 13

S.F. 431 with the authority for the siting of small wireless facilities 1 on utility poles located on public rights-of-way or authority 2 property, subject to nondiscriminatory, competitively neutral 3 and commercially reasonable terms and conditions provided in 4 a building permit obtained pursuant to the bill and which 5 complies with federal pole attachment requirements. 6 The bill provides that a new, replacement, or modified 7 utility pole or wireless support structure installed in 8 the public right-of-way for the siting of a small wireless 9 facility shall not exceed the greater of 10 feet in height 10 above the tallest utility pole existing on or before July 11 1, 2017, located within 500 feet of the new or replacement 12 utility pole in the same public right-of-way, or 50 feet in 13 height above ground level. However, a person may construct, 14 modify, or maintain a utility pole along, across, and 15 under a public right-of-way in excess of such size limits, 16 subject to applicable zoning regulations and compliance with 17 nondiscriminatory undergrounding requirements. 18 The bill provides a series of rules and limitations 19 applicable to an application for a permit. The rules and 20 limitations include prohibiting requiring certain information 21 from or about an applicant, limiting the amount of application 22 fees for processing or issuing a permit, time frames within 23 which an authority must approve or deny a permit application, 24 standards for the denial of a permit application, prohibiting 25 the imposition of a moratorium on the processing or issuance of 26 permits, and prohibiting the processing or issuance of permits 27 on a discriminatory basis, as specified in the bill. 28 The bill provides that the annual recurring rate charged 29 by an authority for the siting of small wireless facilities 30 on utility poles cannot exceed the rate computed for 31 telecommunications pole attachments pursuant to federal law. 32 The bill provides that an authority must authorize the 33 siting of small wireless facilities on wireless support 34 structures not located within public rights-of-way to the 35 -11- LSB 1820SV (2) 87 gh/rn/rj 11/ 13

S.F. 431 same extent the authority permits access for other commercial 1 projects or uses, and may authorize the siting even if the 2 authority has not previously permitted access. The annual 3 recurring rate for such siting cannot exceed the least of the 4 amount charged for a similar project on similar property, 5 the projected cost to the authority for the siting, or $100, 6 adjusted every five years to reflect changes in the consumer 7 price index. 8 The bill provides that a party aggrieved by the final action 9 or inaction of an authority may bring an action for review in 10 any court of competent jurisdiction. 11 The bill provides that a public utility that owns or 12 controls a utility pole to which a small wireless facility 13 is sited in alleged violation of the Iowa electrical safety 14 code or any other applicable law must notify the owner of 15 the small wireless facility of the violation, which must 16 include the location of the alleged violation, a description 17 of the alleged violation, and suggested corrective action. 18 The owner of the small wireless facility must respond to the 19 public utility within 60 days, which must include a statement 20 as to whether the person is the owner of the small wireless 21 facility in dispute, a statement as to whether the owner 22 disputes the violation, a plan for corrective action if the 23 owner does not dispute the violation, and a statement as to 24 whether the violation has been corrected. The owner must take 25 corrective action to correct an alleged violation within 180 26 days after receiving notice of the alleged violation, unless 27 good cause is shown that a delay is appropriate, as specified 28 in the bill. The bill provides that either party may file 29 an action concerning an alleged violation in the appropriate 30 district court for injunctive relief or any other appropriate 31 remedy, including the removal of a small wireless facility, 32 if the parties cannot resolve the dispute after following the 33 procedures provided in the bill. 34 The bill amends Code section 8C.9 to repeal Code chapter 8C 35 -12- LSB 1820SV (2) 87 gh/rn/rj 12/ 13