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 any of the following: 7 a. State courts having jurisdiction over land use, planning, 8 or zoning decisions made by an authority , the . 9 b. The utilities division of the department of commerce , or . 10 c. Any entities , including municipally owned utilities 11 established under or governed by Title IX, subtitle 4 of 12 the Code, that do not have zoning or permitting authority 13 jurisdiction . 14 14. “Utility pole” means a pole or similar structure owned 15 or operated utilized in whole or in part by a public utility, 16 municipality, wireless service provider, or electric utility 17 that is designed specifically for and used to carry lines, 18 cable, transmission equipment, or wires for telephone, wireless 19 service, cable television, or electricity service , or to 20 provide for lighting , traffic control, signage, information 21 kiosks, or other similar functions . 22 Sec. 2. Section 8C.2, Code 2017, is amended by adding the 23 following new subsections: 24 NEW SUBSECTION . 10A. a. “Small wireless facility” means a 25 wireless facility that meets the following requirements: 26 (1) Each antenna is no more than six cubic feet in volume. 27 (2) (a) All other equipment associated with the small 28 wireless facility is cumulatively no more than twenty-eight 29 cubic feet in volume. 30 (b) For purposes of this subparagraph, volume shall be 31 measured by the external displacement of the primary equipment 32 enclosure, not the internal volume of such enclosure. An 33 associated electric meter, concealment, telecommunications 34 demarcation box, ground-based enclosures, battery backup power 35 -1- SF 431 (3) 87 gh/rn/rj/jh 1/ 12

S.F. 431 systems, grounding equipment, power transfer switch, cutoff 1 switch, cable, conduit, and any equipment that is concealed 2 from public view within or behind an existing structure or 3 concealment may be located outside of the primary equipment 4 enclosure and shall not be included in the calculation of the 5 equipment volume. 6 b. “Small wireless facility” does not include any structure 7 that supports or houses equipment described in this subsection. 8 NEW SUBSECTION . 14A. “Wireless facility” means equipment 9 at a fixed location that enables the transmission of wireless 10 communications or information of any kind between user 11 equipment and a communications network. 12 NEW SUBSECTION . 14B. “Wireless service” means any fixed or 13 mobile service using licensed or unlicensed wireless spectrum 14 and provided using a wireless facility. 15 NEW SUBSECTION . 14C. “Wireless service provider” means a 16 provider of wireless service. 17 Sec. 3. NEW SECTION . 8C.7A Uniform rules for small wireless 18 facilities —— permit approval. 19 1. a. Except as provided in this section, an authority 20 shall not prohibit or restrict the siting of a small wireless 21 facility. 22 b. For purposes of this section, “siting” means the 23 mounting, installation, maintenance, modification, operation, 24 or replacement of a small wireless facility on or adjacent to 25 any of the following: 26 (1) An existing tower, utility pole, wireless support 27 structure, or other existing structure. 28 (2) A new utility pole of a similar height and appearance 29 as an existing utility pole and which is located within a 30 five-hundred-foot radius of the existing utility pole. 31 (3) A replacement utility pole of a similar height and 32 appearance as an existing utility pole and which is located 33 within a five-hundred-foot radius of the existing utility pole. 34 2. a. An authority that has adopted planning and zoning 35 -2- SF 431 (3) 87 gh/rn/rj/jh 2/ 12

S.F. 431 regulations shall authorize the siting of a small wireless 1 facility within its jurisdiction and shall not require a person 2 to obtain a special or conditional land use permit for any of 3 the following: 4 (1) For siting the small wireless facility in a public 5 right-of-way or on an authority structure located outside of 6 a public right-of-way to the extent that such structure is 7 already in use as a wireless support structure by supporting 8 non-authority communications equipment that involve external 9 attachments, provided that such structure is not listed on the 10 national register of historic places. 11 (2) For siting the small wireless facility on an existing 12 tower, utility pole, or wireless support structure, regardless 13 of the location, except for on property zoned and used 14 exclusively for single-family residential use or within a 15 previously designated area of historical significance pursuant 16 to section 303.34. 17 b. A small wireless facility may be classified as a special 18 or conditional land use where such small wireless facility is 19 not sited in a manner as provided in paragraph “a” . 20 c. A person may install a new utility pole or wireless 21 support structure in a public right-of-way subject to the 22 provisions of this section. However, an authority may require 23 a person to obtain a special or conditional land use permit to 24 install a new utility pole or wireless support structure for 25 the siting of a small wireless facility on property zoned and 26 used exclusively for single-family residential use or within a 27 previously designated area of historical significance pursuant 28 to section 303.34. 29 3. a. An authority may require a person to obtain a 30 building, electrical, or public right-of-way use permit for the 31 siting of a small wireless facility to the extent that such 32 permit is of general applicability and does not deny access 33 to site the small wireless facility in a public right-of-way. 34 Notwithstanding this paragraph, an authority shall not require 35 -3- SF 431 (3) 87 gh/rn/rj/jh 3/ 12

S.F. 431 a person to obtain a permit for the routine maintenance of a 1 previously approved small wireless facility or the replacement 2 of a previously approved small wireless facility with a 3 facility of substantially similar height, weight, and wind 4 and structural loading, provided, however, that an authority 5 may require a person to obtain a permit to work in a public 6 right-of-way or on an authority structure located outside 7 of a public right-of-way with the same terms and conditions 8 provided for other commercial projects or uses in the public 9 right-of-way or on the authority structure. 10 b. An authority shall not require a person to apply for 11 or enter into an individual license, franchise, or other 12 agreement with the authority or any other entity for the siting 13 of a small wireless facility on a utility pole located in a 14 public right-of-way. However, an authority may, through the 15 conditions set forth in a building permit obtained pursuant to 16 this subsection, do any of the following: 17 (1) Establish nondiscriminatory, competitively neutral and 18 commercially reasonable rates, terms, and conditions for such 19 siting, which rates, terms, and conditions shall comply with 20 the federal pole attachment requirements provided in 47 U.S.C. 21 §224 and any regulations promulgated thereunder. 22 (2) Require compliance with the Iowa electrical safety 23 code. 24 (3) Require that a small wireless facility reasonably match 25 the aesthetics of an existing utility pole or wireless support 26 structure that incorporates decorative elements. 27 (4) Require compliance with section 306.46, subsection 1, 28 and section 306.47. 29 c. Beginning with applications filed on or after September 30 1, 2017, an authority shall accept an application for, process, 31 and issue a permit under this subsection as follows: 32 (1) An applicant shall not be required to provide more 33 information or pay a higher application fee, consulting fee, 34 or other fee associated with the processing or issuance of a 35 -4- SF 431 (3) 87 gh/rn/rj/jh 4/ 12

S.F. 431 permit than the amount charged to a telecommunications service 1 provider that is not a wireless service provider. The total 2 amount of fees for processing or issuing a permit, including 3 any fees charged by third parties, shall not exceed five 4 hundred dollars for an application addressing no more than five 5 small wireless facilities, and an additional fifty dollars 6 for each small wireless facility addressed in an application 7 in excess of five small wireless facilities. An applicant 8 shall not be required to pay any additional fees or perform any 9 services relating to the acceptance, processing, or issuance 10 of a permit, nor provide any services unrelated to the siting 11 of the small wireless facility or of a new, replacement, or 12 modified utility pole on which a small wireless facility is 13 sited. For purposes of this subparagraph, engineering and 14 structural review are deemed to be related to the permitting 15 of a small wireless facility. The total amount of fees shall 16 be adjusted every five years to reflect any increases or 17 decreases in the consumer price index, rounded to the nearest 18 five dollars. 19 (2) An authority shall approve or deny a permit application 20 within sixty days following the submission of a completed 21 application. Except as provided herein, an application shall 22 be deemed approved if the authority fails to approve or deny 23 the application within sixty days following the submission of a 24 completed application. This period of time for the processing 25 of an application may be extended upon mutual written agreement 26 between the authority and the applicant. An applicant may 27 address up to twenty-five small wireless facilities in a single 28 application, provided, however, that a single application may 29 only address small wireless facilities within a single two-mile 30 radius. In rendering a decision on an application addressing 31 more than one small wireless facility, an authority may 32 approve the application as to certain individual small wireless 33 facilities while denying it as to others. An authority’s 34 denial of an individual small wireless facility or subset of 35 -5- SF 431 (3) 87 gh/rn/rj/jh 5/ 12

S.F. 431 small wireless facilities within an application is not a basis 1 to deny the application as a whole. If an authority receives 2 applications for the approval of more than seventy-five small 3 wireless facilities within a single seven-day period, whether 4 from a single applicant or from multiple applicants, the 5 authority may, upon request, obtain an automatic thirty-day 6 extension for any additional siting application submitted 7 during that seven-day period. 8 (3) (a) An authority may only deny a completed application 9 if any of the following apply: 10 (i) The application fails to include reasonable information 11 required by the authority and in accordance with this 12 subsection. 13 (ii) The application does not meet applicable building 14 or electrical codes or standards, provided such codes and 15 standards are of general applicability. 16 (iii) The application would result in the authority being 17 noncompliant with the federal Americans With Disabilities Act. 18 (iv) A licensed engineer certifies that siting the small 19 wireless facility would compromise the structural safety of, or 20 preclude the essential purpose of, the utility pole or wireless 21 support structure on which it is proposed to be sited and the 22 applicant refuses to reimburse the authority for the costs of 23 modifying or replacing the utility pole or wireless support 24 structure with a utility pole or wireless support structure 25 that would safely support the small wireless facility and 26 preserve the essential purpose of the utility pole or wireless 27 support structure. 28 (v) The application seeks approval of a new utility pole 29 or wireless support structure that would preclude the safe 30 and effective use of facilities already located in a public 31 right-of-way. 32 (vi) The application seeks approval for the siting of a 33 small wireless facility on a wireless support structure used 34 exclusively for emergency communications equipment. 35 -6- SF 431 (3) 87 gh/rn/rj/jh 6/ 12

S.F. 431 (b) An authority denying an application shall document the 1 basis for the denial, including the specific code provisions 2 or standards on which the denial is based, and provide the 3 applicant with such documentation on or before the date the 4 application is denied. 5 (c) An applicant whose application is denied shall have 6 an opportunity to cure any deficiencies identified by the 7 authority as the basis for the denial and to submit a revised 8 application within thirty days following the date of denial 9 without paying an additional fee. The authority shall approve 10 or deny a revised application within thirty days following 11 submission. The authority shall not identify any deficiencies 12 in a second or subsequent denial that were not identified in 13 the original denial. 14 (4) An authority shall not limit the duration of a permit 15 issued under this subsection, provided, however, that the 16 construction of a small wireless facility permitted pursuant 17 to this subsection shall commence no later than two years 18 following the date that the permit is issued, or two years 19 after any appeals are exhausted. 20 (5) An authority shall not impose a moratorium on the 21 processing or issuance of permits under this subsection. 22 (6) An authority shall process and issue permits on a 23 nondiscriminatory basis. An authority shall receive an 24 application for, process, and issue a permit for the siting of 25 a small wireless facility in a manner substantially comparable 26 to the permitting of other applicants within the jurisdiction 27 of the authority, and may not impose discriminatory licensing 28 standards for persons siting small wireless facilities. 29 4. The annual recurring rate charged by an authority 30 for the siting of a small wireless facility on an authority 31 utility pole shall not exceed the rate computed by the 32 federal communications commission for telecommunications pole 33 attachments in 47 C.F.R. §1.1409(e)(2). 34 5. a. An authority shall authorize the siting of a small 35 -7- SF 431 (3) 87 gh/rn/rj/jh 7/ 12

S.F. 431 wireless facility on an authority structure located outside 1 of a public right-of-way to the same extent the authority 2 authorizes access to such structures for other non-authority 3 communications equipment that involve external attachments, 4 and may authorize the siting even if the authority has not 5 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, except that if the final action of the 25 authority was the denial of a conditional or special use permit 26 pursuant to this section, the party must first seek review 27 under section 335.13 or 414.10, as applicable. 28 7. This section only addresses an authority’s approval of 29 zoning and building permits and the rates for the use of public 30 rights-of way and authority structures. This section shall not 31 modify the rights and obligations of a nonauthority owner of a 32 utility pole or a municipal utility that owns a utility pole, 33 under 47 C.F.R. §1.1401 et seq., and the Iowa electrical safety 34 code. 35 -8- SF 431 (3) 87 gh/rn/rj/jh 8/ 12

S.F. 431 Sec. 4. NEW SECTION . 8C.7B Small wireless facilities —— 1 violation and removal. 2 1. A public utility that owns or controls a utility pole on 3 which a small wireless facility is sited in alleged violation 4 of this chapter or the Iowa electrical safety code shall 5 notify the owner of the small wireless facility of the alleged 6 violation, in writing or by any other method agreed upon by the 7 parties in writing. The notice shall include the following 8 information: 9 a. The address and location where the alleged violation 10 occurred. 11 b. A description of the alleged violation. 12 c. Suggested corrective action. 13 2. Upon the receipt of notice of an alleged violation, the 14 recipient of such notice shall respond to the public utility 15 within sixty days in writing or by any other method agreed upon 16 by the parties in writing. The response shall include the 17 following information: 18 a. A statement disclosing whether or not the recipient 19 of the notice is the owner of the small wireless facility at 20 issue. 21 b. A statement disclosing that the owner disputes that the 22 alleged violation has occurred, if applicable. 23 c. A plan for corrective action if the owner does not 24 dispute that the violation has occurred. 25 d. A statement disclosing whether the violation has been 26 corrected, if the owner does not dispute that the violation has 27 occurred. 28 3. The owner of a small wireless facility in alleged 29 violation of this chapter or the Iowa electrical safety 30 code shall correct the alleged violation within one hundred 31 eighty days after receiving notice of the violation unless, 32 for good cause shown, a delay for taking corrective action 33 is appropriate or if the parties otherwise agree in writing 34 to extend the time required to take corrective action. Good 35 -9- SF 431 (3) 87 gh/rn/rj/jh 9/ 12

S.F. 431 cause for a delay in corrective action shall include but is 1 not limited to a dispute over whether the recipient of the 2 notice is the owner of the small wireless facility at issue, a 3 dispute over whether the alleged violation has occurred, or if 4 taking corrective action within the required time frame is not 5 possible due to circumstances which are beyond the control of 6 the owner of the small wireless facility. The public utility 7 and owner of the small wireless facility shall cooperate in 8 determining an efficient and cost-effective solution to correct 9 an alleged violation. 10 4. a. Notwithstanding subsections 1 through 3, in the event 11 of an emergency, an authority or public utility shall contact 12 the owner of the small wireless facility at issue and provide 13 the owner with a reasonable opportunity to alleviate such 14 emergency or participate with the authority or public utility 15 to make any repairs necessary to alleviate such emergency. If 16 the owner of the small wireless facility does not respond in a 17 timely manner, the authority or public utility may remove or 18 make alterations to the small wireless facility as necessary 19 to ensure public safety. 20 b. For purposes of this subsection, “emergency” means 21 exigent and extraordinary circumstances under which the 22 physical or electrical failure of a utility pole, wireless 23 support structure, or small wireless facility threatens 24 imminent physical harm to persons or there is a substantial 25 likelihood of imminent and significant harm to property. 26 5. If the parties cannot resolve a dispute after following 27 the procedures provided in this section, any party may file an 28 action concerning an alleged violation under this section in 29 the district court for the county in which the violation is 30 alleged to have occurred, for any appropriate remedy, including 31 the removal of a small wireless facility deemed by the court to 32 be in violation of this chapter or the Iowa electrical safety 33 code. However, this section shall not preclude a party from 34 bringing an action pursuant to the Iowa electrical safety code 35 -10- SF 431 (3) 87 gh/rn/rj/jh 10/ 12

S.F. 431 or 47 C.F.R. §1.1401 et seq., or the application of a dispute 1 resolution process set forth in an applicable pole attachment 2 agreement between the parties. 3 6. Nothing in this section shall be deemed to limit the 4 ability of a public utility and the owner of a small wireless 5 facility to voluntarily enter into a pole attachment agreement 6 that establishes different terms for the siting of a small 7 wireless facility or the resolution of a dispute regarding such 8 a facility. 9 Sec. 5. NEW SECTION . 8C.7C Height limitations. 10 1. A new, replacement, or modified utility pole or wireless 11 support structure installed in a public right-of-way located 12 within the city limits of an incorporated city for the purpose 13 of siting a wireless facility, including a small wireless 14 facility under the provisions of this chapter shall not exceed 15 the greater of ten feet in height above the tallest utility 16 pole existing on or before July 1, 2017, located within five 17 hundred feet of the new, replacement, or modified utility pole 18 in the same public right-of-way, or forty feet in height above 19 ground level. Except as provided in section 8C.7A, subsection 20 2, paragraph “c” , an authority shall not require a special or 21 conditional use permit for the installation of a utility pole 22 or wireless support structure that complies with the height 23 limitations of this subsection. 24 2. Notwithstanding subsection 1, a person may construct, 25 modify, or maintain a utility pole or wireless support 26 structure along, across, and under a public right-of-way 27 in excess of the size limits provided in subsection 1, to 28 the extent permitted by the authority’s applicable zoning 29 regulations. 30 3. A person shall comply with nondiscriminatory 31 undergrounding requirements that prohibit wireless service 32 providers from installing structures in a public right-of-way 33 without prior zoning approval in areas zoned and used for 34 single-family residential use, provided that such requirements 35 -11- SF 431 (3) 87 gh/rn/rj/jh 11/ 12

S.F. 431 shall not prohibit the replacement of existing structures. 1 4. Nothing in this section shall be deemed to limit the 2 ability of a public utility to install a utility pole for the 3 purposes of electric utility transmission or distribution 4 within a public right-of-way subject to an authority’s planning 5 and zoning regulations. 6 Sec. 6. Section 8C.9, Code 2017, is amended to read as 7 follows: 8 8C.9 Repeal. 9 This chapter is repealed July 1, 2020 2022 . 10 -12- SF 431 (3) 87 gh/rn/rj/jh 12/ 12