Print
House File 111 - IntroducedA Bill ForAn Act 1providing for the regulation of wireless facility
2installations by cities and counties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 331.301, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 18. A county may establish standards
4and requirements regarding the installation or siting of
5wireless facilities. For purposes of this subsection, “wireless
6facility” means equipment at a fixed location that enables
7the provision of wireless telecommunications services or
8the infrastructure required for wireless telecommunications
9services.
10 Sec. 2. Section 364.2, Code 2019, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 7. A city may establish standards and
13requirements regarding the installation or siting of wireless
14facilities. For purposes of this subsection, “wireless
15facility” means equipment at a fixed location that enables
16the provision of wireless telecommunications services or
17the infrastructure required for wireless telecommunications
18services.
19 Sec. 3. Section 427A.1, subsection 7, paragraph a, Code
202019, is amended to read as follows:
21a. For purposes of this section, “transmission property”
22means cable and wire facilities, poles, aerial cable,
23underground cable, buried cable, intrabuilding network cable,
24or aerial wire within the meaning of and for purposes of the
25uniform system of accounts for telecommunication companies in
2647 C.F.R.pt.32, in effect on July 1, 2018. “Transmission
27property” also includes lines, electronic equipment, headend
28electronics, poles, aerial cable, cable drops, lasers, fiber
29optics, underground cable, and any electronics attached thereto
30used to provide telecommunications service, cable television
31signals, or internet service to subscribers. “Transmission
32property” does not include a tower as defined in section
338C.2, or structure built for the sole or primary purpose of
34supporting an antenna and the associated facilities authorized
35or licensed by the federal communications commission or
-1-1constructed for wireless communications services, including but
2not limited to private, broadcast, and public safety services
3and unlicensed wireless services and fixed wireless services,
4such as microwave backhaul, and the associated site.
5 Sec. 4. REPEAL. Chapter 8C, Code 2019, is repealed.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9Code chapter 8C, the “Iowa Cell Siting Act”, provides
10uniform rules and limitations for the installation or siting of
11wireless facilities, including uniform rules and limitations
12related to applications, certain changes, the use of public
13lands for towers and transmission equipment, the location of
14utility poles, permits for small wireless facilities, the
15removal of small wireless facilities, and certain height
16limitations. This bill repeals the “Iowa Cell Siting Act”
17and allows counties and cities to establish standards and
18requirements regarding the installation or siting of wireless
19facilities. The bill defines “wireless facility” to mean
20equipment at a fixed location that enables the provision of
21wireless telecommunications services or the infrastructure
22required for such services.
-2-gh/rn
2installations by cities and counties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 331.301, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 18. A county may establish standards
4and requirements regarding the installation or siting of
5wireless facilities. For purposes of this subsection, “wireless
6facility” means equipment at a fixed location that enables
7the provision of wireless telecommunications services or
8the infrastructure required for wireless telecommunications
9services.
10 Sec. 2. Section 364.2, Code 2019, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 7. A city may establish standards and
13requirements regarding the installation or siting of wireless
14facilities. For purposes of this subsection, “wireless
15facility” means equipment at a fixed location that enables
16the provision of wireless telecommunications services or
17the infrastructure required for wireless telecommunications
18services.
19 Sec. 3. Section 427A.1, subsection 7, paragraph a, Code
202019, is amended to read as follows:
21a. For purposes of this section, “transmission property”
22means cable and wire facilities, poles, aerial cable,
23underground cable, buried cable, intrabuilding network cable,
24or aerial wire within the meaning of and for purposes of the
25uniform system of accounts for telecommunication companies in
2647 C.F.R.pt.32, in effect on July 1, 2018. “Transmission
27property” also includes lines, electronic equipment, headend
28electronics, poles, aerial cable, cable drops, lasers, fiber
29optics, underground cable, and any electronics attached thereto
30used to provide telecommunications service, cable television
31signals, or internet service to subscribers. “Transmission
32property” does not include a tower as defined in section
338C.2, or structure built for the sole or primary purpose of
34supporting an antenna and the associated facilities authorized
35or licensed by the federal communications commission or
-1-1constructed for wireless communications services, including but
2not limited to private, broadcast, and public safety services
3and unlicensed wireless services and fixed wireless services,
4such as microwave backhaul, and the associated site.
5 Sec. 4. REPEAL. Chapter 8C, Code 2019, is repealed.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9Code chapter 8C, the “Iowa Cell Siting Act”, provides
10uniform rules and limitations for the installation or siting of
11wireless facilities, including uniform rules and limitations
12related to applications, certain changes, the use of public
13lands for towers and transmission equipment, the location of
14utility poles, permits for small wireless facilities, the
15removal of small wireless facilities, and certain height
16limitations. This bill repeals the “Iowa Cell Siting Act”
17and allows counties and cities to establish standards and
18requirements regarding the installation or siting of wireless
19facilities. The bill defines “wireless facility” to mean
20equipment at a fixed location that enables the provision of
21wireless telecommunications services or the infrastructure
22required for such services.
-2-gh/rn