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House File 380 - IntroducedA Bill ForAn Act 1relating to the siting of small wireless facilities and
2the authorization of joint financing of telecommunications
3facilities.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 8C.2, subsections 3 and 14, Code 2017,
2are amended to read as follows:
33. “Authority”, used as a noun, means a state, county,
4or city governing body, board, agency, office, or commission
5authorized by law to make legislative, quasi-judicial,
6or administrative decisions relative to an application.
7“Authority” does not include state courts having jurisdiction
8over land use, planning, or zoning decisions made by an
9authority, the utilities division of the department of
10commerce, or entities municipally owned utilities established
11under Title IX, subtitle 4 of the Code that do not have zoning
12or permitting authority with respect to the siting of small
13wireless facilities pursuant to section 8C.7A.
1414. “Utility pole” means a pole or similar structure
15owned or operated utilized in whole or in part by a public
16utility, municipality, wireless service provider or electric
17utility that is designed specifically for and used to carry
18lines, cable, transmission equipment, or wires for telephone,
19wireless service, cable television, or electricity service, or
20to provide for lighting, traffic control, signage, or other
21similar functions.
22 Sec. 2. Section 8C.2, Code 2017, is amended by adding the
23following new subsections:
24 NEW SUBSECTION. 10A. a. “Small wireless facility” means a
25wireless 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 base
28station is cumulatively no more than twenty-eight cubic feet
29in volume.
30(b) For purposes of this subparagraph, volume shall be
31measured by the external displacement of the primary equipment
32enclosure, not the internal volume of such enclosure. An
33associated electric meter, concealment, telecommunications
34demarcation box, ground-based enclosures, battery backup power
35systems, grounding equipment, power transfer switch, cutoff
-1-1switch, cable, conduit, and any equipment that is concealed
2from public view within or behind an existing structure or
3concealment may be located outside of the primary equipment
4enclosure and shall not be included in the calculation of the
5equipment volume.
6b. “Small wireless facility” does not include any structure
7that supports or houses equipment described in this subsection.
8 NEW SUBSECTION. 14A. “Wireless facility” means equipment
9at a fixed location that enables the transmission of wireless
10communications and information of any kind between user
11equipment and a communications network.
12 NEW SUBSECTION. 14B. “Wireless service” means any fixed or
13mobile service using licensed or unlicensed wireless spectrum
14and provided by a wireless facility.
15 NEW SUBSECTION. 14C. “Wireless service provider” means a
16provider of wireless service.
17 Sec. 3. NEW SECTION. 8C.7A Uniform rules for small wireless
18facilities — permit approval.
191. a. Except as provided in this section, an authority
20shall not prohibit or restrict the siting of a small wireless
21facility.
22b. For purposes of this section, “siting” means the
23mounting, installation, maintenance, modification, operation,
24or replacement of a small wireless facility on or adjacent to
25any of the following:
26(1) An existing tower, utility pole, wireless support
27structure, or other existing structure.
28(2) A new utility pole of a similar height, location, and
29appearance as an existing structure.
30(3) A replacement utility pole of a similar height,
31location, and appearance as an existing structure.
322. a. An authority that has adopted planning and zoning
33regulations shall authorize the siting of a small wireless
34facility within its jurisdiction and shall not require a person
35to obtain a special or conditional land use permit for any of
-2-1the following:
2(1) For siting the small wireless facility on a public
3right-of-way or authority property.
4(2) For siting the small wireless facility on an existing
5tower, utility pole, or wireless support structure, regardless
6of the location of the small wireless facility, except for
7on property zoned and used exclusively for single-family
8residential use or within a previously designated area of
9historical significance pursuant to section 303.34.
10b. A small wireless facility may be classified as a special
11or conditional land use where such small wireless facility is
12not sited on a property or sited in a manner as provided in
13paragraph “a”.
14c. An authority may require a person to obtain a special
15or conditional land use permit to install a new utility
16pole or wireless support structure for the siting of a small
17wireless facility on property zoned and used exclusively for
18single-family residential use or within a previously designated
19area of historical significance pursuant to section 303.34.
203. a. An authority may require a person to obtain a
21building, electrical, or public right-of-way use permit for
22the siting of a small wireless facility to the extent that
23such permit is of general applicability and does not deny
24access by the small wireless facility to a public right-of-way.
25Notwithstanding this paragraph, an authority shall not require
26a person to obtain a permit for the routine maintenance of a
27previously approved small wireless facility or the replacement
28of a previously approved small wireless facility with a
29facility of substantially similar height, weight, and wind
30and structural loading, provided, however, that an authority
31may require a person to obtain a permit to work in a public
32right-of-way with the same terms and conditions provided for
33other commercial projects or uses in the public right-of-way.
34b. An authority shall not require a person to apply for or
35enter into an individual license, franchise, or other agreement
-3-1with the authority or any other entity for the siting of a
2small wireless facility on a utility pole located on a public
3right-of-way or authority property, except that an authority
4may establish nondiscriminatory, competitively neutral and
5commercially reasonable rates, terms, and conditions set forth
6in a building permit obtained pursuant to this subsection which
7shall comply with the federal pole attachment requirements
8provided in 47 U.S.C. §224 and any regulations promulgated
9thereunder.
10c. (1) A new, replacement, or modified utility pole or
11wireless support structure installed in the public right-of-way
12for the siting of a small wireless facility shall not exceed
13the greater of ten feet in height above the tallest utility
14pole existing on or before July 1, 2017, located within five
15hundred feet of the new or replacement utility pole in the
16same public right-of-way, or fifty feet in height above ground
17level.
18(2) Notwithstanding subparagraph (1), a person may
19construct, modify, or maintain a utility pole along, across,
20and under a public right-of-way in excess of the size limits
21provided in subparagraph (1), subject to applicable zoning
22regulations.
23(3) A person shall comply with nondiscriminatory
24undergrounding requirements that prohibit wireless service
25providers from installing structures in the public right-of-way
26without prior zoning approval in areas zoned and used for
27single-family residential use, provided that such requirements
28shall not prohibit the replacement of existing structures.
29d. An authority shall accept an application for, process,
30and issue a permit under this subsection as follows:
31(1) An applicant shall not be required to provide more
32information or pay a higher application fee, consulting fee,
33or other fee associated with the processing or issuance of a
34permit than the amount charged to a telecommunications service
35provider that is not a wireless service provider. The total
-4-1amount of fees for processing or issuing a permit, including
2any fees charged by third parties, shall not exceed five
3hundred dollars for an application addressing no more than five
4small wireless facilities, and an additional fifty dollars
5for each small wireless facility addressed in an application
6in excess of five small wireless facilities. An applicant
7shall not be required to pay any additional fees or perform any
8services relating to the acceptance, processing, or issuance
9of a permit, nor provide any services unrelated to the siting
10of the small wireless facility. The total amount of fees
11shall be adjusted every five years to reflect any increases or
12decreases in the consumer price index, rounded to the nearest
13five dollars.
14(2) An authority shall approve or deny a permit application
15within sixty days following the submission of a completed
16application. An application shall be deemed approved if the
17authority fails to approve or deny the application within sixty
18days following the submission of a completed application. This
19period of time for the processing of an application may be
20tolled to accommodate timely requests for information required
21to complete or cure any defects in the application or may be
22extended by mutual agreement between the authority and the
23applicant. An applicant may address one or more small wireless
24facilities in a single application.
25(3) (a) An authority may deny a completed application
26only if the application fails to include information required
27under this subsection, does not meet applicable building
28or electrical codes or standards, provided such codes and
29standards are of general applicability, or where an engineer
30certifies that siting the small wireless facility would
31compromise the structural safety of the utility pole or
32wireless support structure on which it is proposed to be sited
33and the applicant refuses to reimburse the authority for
34the costs of replacing the utility pole or wireless support
35structure with a utility pole or wireless support structure
-5-1that can safely support the small wireless facility. An
2authority denying an application shall document the basis for
3the denial, including the specific code provisions or standards
4on which the denial is based, and provide the applicant with
5such documentation on or before the date the application is
6denied.
7(b) An applicant whose application is denied shall have
8an opportunity to cure any deficiencies identified by the
9authority as the basis for the denial and to submit a revised
10application within thirty days following the date of denial
11without paying an additional fee. The authority shall approve
12or deny a revised application within thirty days following
13submission. The authority shall not identify any deficiencies
14in a second or subsequent denial that were not identified in
15the original denial.
16(4) An authority shall not limit the duration of a permit
17issued under this subsection, provided, however, that the
18construction of a small wireless facility permitted pursuant
19to this subsection shall commence no later than two years
20following the date that the permit is issued, or two years
21after any appeals are exhausted.
22(5) An authority shall not impose a moratorium on the
23processing or issuance of permits under this subsection.
24(6) An authority shall process and issue permits on a
25nondiscriminatory basis. An authority shall receive an
26application for, process, and issue a permit for the siting of
27a small wireless facility in a manner substantially comparable
28to the permitting of other applicants within the jurisdiction
29of the authority, and may not impose discriminatory licensing
30standards for persons siting small wireless facilities.
314. The annual recurring rate charged by an authority
32for the siting of a small wireless facility on an authority
33utility pole shall not exceed the rate computed by the
34federal communications commission for telecommunications pole
35attachments in 47 C.F.R.§1.1409(e)(2).
-6- 15. a. An authority shall authorize the siting of a small
2wireless facility on a wireless support structure not located
3within the public right-of-way to the same extent the authority
4authorizes access to such wireless support structures for other
5commercial projects or uses, and may authorize the siting even
6if the authority has not previously permitted such access.
7b. A siting authorized under this subsection shall be
8subject to reasonable rates, terms, and conditions as provided
9in one or more agreements between the authority and the
10wireless service provider. Notwithstanding chapter 480A,
11the annual recurring rate for such siting as charged by an
12authority shall not exceed the least of any of the following:
13(1) The amount charged for a similar commercial project or
14use to occupy a similar area of space on similarly situated
15property.
16(2) The projected cost to the authority resulting from the
17siting.
18(3) One hundred dollars, adjusted every five years to
19reflect any increases or decreases in the consumer price index,
20rounded to the nearest five dollars.
216. A party aggrieved by the final action of an authority,
22either by its affirmative action on a permit, term or
23condition, or rate under the provisions of this section or by
24its inaction, may bring an action for review in any court of
25competent jurisdiction.
267. This section shall not modify the rights and obligations
27of an owner of a utility pole under 47 C.F.R.§1.1401 et seq.,
28and the Iowa electrical safety code.
29 Sec. 4. NEW SECTION. 8C.7B Small wireless facilities —
30violation and removal.
311. A public utility that owns or controls a utility pole to
32which a small wireless facility is sited in alleged violation
33of the Iowa electrical safety code or any other provision of
34law shall notify, in writing or by any other method agreed upon
35by the parties in writing, the owner of the small wireless
-7-1facility of the alleged violation. The notice shall include
2the following information:
3a. The address and location where the alleged violation
4occurred.
5b. A description of the alleged violation.
6c. Suggested corrective action.
72. Upon the receipt of notice of an alleged violation, the
8owner shall respond to the public utility within sixty days in
9writing or by any other method agreed upon by the parties in
10writing. The response shall include the following information:
11a. A statement disclosing whether or not the person owns the
12small wireless facility in dispute.
13b. A statement disclosing that the owner disputes that the
14violation has occurred, if applicable.
15c. A plan for corrective action if the owner does not
16dispute that the violation has occurred.
17d. A statement disclosing whether the violation has been
18corrected, if the owner does not dispute that the violation has
19occurred.
203. The owner of a small wireless facility in alleged
21violation of section 8C.7A or any other applicable provision
22of law shall correct the alleged violation within one hundred
23eighty days after receiving notice of the violation unless,
24for good cause shown, a delay for taking corrective action
25is appropriate or if the parties otherwise agree in writing
26to extend the time required to take corrective action. Good
27cause for a delay in corrective action shall include but is
28not limited to a dispute over whether the person owns the
29small wireless facility in dispute, or a dispute over whether
30the alleged violation has occurred, if taking corrective
31action within the required time frame is not possible due to
32circumstances which are beyond the control of the owner of
33the small wireless facility. The public utility and owner of
34the small wireless facility shall cooperate in determining an
35efficient and cost-effective solution to correct an alleged
-8-1violation.
24. If the parties cannot resolve the dispute after following
3the procedures provided in subsections 1 through 3, either
4party may file an action concerning an alleged violation under
5this section in the district court for the county in which the
6violation is alleged to have occurred, for injunctive relief or
7any other appropriate remedy, including the removal of a small
8wireless facility deemed by the court to be in violation of the
9Iowa electrical safety code.
10 Sec. 5. Section 8C.9, Code 2017, is amended to read as
11follows:
128C.9 Repeal.
13This chapter is repealed July 1, 2020 2022.
14 Sec. 6. Section 28F.1, subsection 1, Code 2017, is amended
15to read as follows:
161. This chapter provides a means for the joint financing
17by public agencies of works or facilities useful and necessary
18for the collection, treatment, purification, and disposal
19in a sanitary manner of liquid and solid waste, sewage,
20and industrial waste, facilities used for the conversion of
21solid waste to energy, works or facilities useful for the
22operation of a telecommunications system or the provision of
23telecommunications services, and also electric power facilities
24constructed within the state of Iowa, except that hydroelectric
25power facilities may also be located in the waters and on the
26dams of or on land adjacent to either side of the Mississippi
27or Missouri river bordering the state of Iowa, water supply
28systems, swimming pools or golf courses. This chapter applies
29to the acquisition, construction, reconstruction, ownership,
30operation, repair, extension, or improvement of such works
31or facilities, by a separate administrative or legal entity
32created pursuant to chapter 28E or chapter 389. When the
33legal entity created under this chapter is comprised solely
34of cities, counties, and sanitary districts established under
35chapter 358, or any combination thereof or any combination of
-9-1the foregoing with other public agencies, the entity shall
2be both a corporation and a political subdivision with the
3name under which it was organized. The legal entity may sue
4and be sued, contract, acquire and hold real and personal
5property necessary for corporate purposes, adopt a corporate
6seal and alter the seal at pleasure, and execute all the powers
7conferred in this chapter.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill authorizes the siting of small wireless facilities
12and the joint financing of telecommunications facilities.
13 Code chapter 8C provides a series of uniform rules and
14limitations for the deployment of and applications for wireless
15communications facilities and infrastructure. The bill adds
16specific rules and limitations for the application for and
17deployment of small wireless facilities.
18The bill amends the definition of “authority” in Code
19section 8C.2 to exclude municipally owned utilities established
20under Title IX, subtitle 4 of the Code that do not have zoning
21or permitting authority with respect to the siting of small
22wireless facilities. The bill defines “siting” to mean the
23mounting, installation, maintenance, modification, operation,
24or replacement of a small wireless facility on or adjacent to
25an existing utility pole or other structure, a replacement
26utility pole, or a new utility pole. The bill defines “small
27wireless facility” as a wireless facility where each antenna is
28no more than six cubic feet in volume and all other equipment,
29except for certain equipment described in the bill, is
30cumulatively no more than 28 cubic feet in volume, as measured
31by its external displacement. A “small wireless facility” does
32not include any structure that supports or houses equipment.
33The bill amends the definition of “utility pole” in Code
34section 8C.2 to include wireless service. The bill defines
35“wireless facility” to mean equipment at a fixed location
-10-1that enables the transmission of wireless communications
2and information of any kind between user equipment and a
3communications network. The bill defines “wireless service” to
4mean any fixed or mobile service using licensed or unlicensed
5wireless spectrum and provided by a wireless facility. The
6bill defines “wireless service provider” to mean a provider of
7wireless service.
8The bill prohibits an authority from restricting the siting
9of small wireless facilities. An authority with planning
10and zoning regulations shall authorize such facilities in
11zoning districts where the facilities are located on public
12rights-of-way or authority property, or where the facilities
13are sited on certain existing structures. Facilities not sited
14on such property or sited in such a manner may be classified as
15special or conditional uses. An authority may also require a
16person to obtain a special or conditional land use permit to
17install new utility poles or wireless support structures on
18certain property.
19The bill provides that an authority may require a person
20to obtain building, electrical, or public way use permits for
21the siting of small wireless facilities if such permit is of
22general applicability and does not deny a facility access to
23a public right-of-way. However, an authority cannot require
24a person to obtain a permit for the routine maintenance or
25replacement of a previously approved facility unless such
26permit contains the same terms and conditions provided for
27other commercial projects or uses in the public right-of-way.
28The bill prohibits an authority from requiring a person to
29enter into an individual license, franchise, or other agreement
30with the authority for the siting of small wireless facilities
31on utility poles located on public rights-of-way or authority
32property, subject to nondiscriminatory, competitively neutral
33and commercially reasonable terms and conditions provided in
34a building permit obtained pursuant to the bill and which
35complies with federal pole attachment requirements.
-11- 1The bill provides that a new, replacement, or modified
2utility pole or wireless support structure installed in
3the public right-of-way for the siting of a small wireless
4facility shall not exceed the greater of 10 feet in height
5above the tallest utility pole existing on or before July
61, 2017, located within 500 feet of the new or replacement
7utility pole in the same public right-of-way, or 50 feet in
8height above ground level. However, a person may construct,
9modify, or maintain a utility pole along, across, and
10under a public right-of-way in excess of such size limits,
11subject to applicable zoning regulations and compliance with
12nondiscriminatory undergrounding requirements.
13The bill provides a series of rules and limitations
14applicable to an application for a permit. The rules and
15limitations include prohibiting requiring certain information
16from or about an applicant, limiting the amount of application
17fees for processing or issuing a permit, time frames within
18which an authority must approve or deny a permit application,
19standards for the denial of a permit application, prohibiting
20the imposition of a moratorium on the processing or issuance of
21permits, and prohibiting the processing or issuance of permits
22on a discriminatory basis, as specified in the bill.
23The bill provides that the annual recurring rate charged
24by an authority for the siting of small wireless facilities
25on utility poles cannot exceed the rate computed for
26telecommunications pole attachments pursuant to federal law.
27The bill provides that an authority must authorize the
28siting of small wireless facilities on wireless support
29structures not located within public rights-of-way to the
30same extent the authority permits access for other commercial
31projects or uses, and may authorize the siting even if the
32authority has not previously permitted access. The annual
33recurring rate for such siting cannot exceed the least of the
34amount charged for a similar project on similar property,
35the projected cost to the authority for the siting, or $100,
-12-1adjusted every five years to reflect changes in the consumer
2price index.
3The bill provides that a party aggrieved by the final action
4or inaction of an authority may bring an action for review in
5any court of competent jurisdiction.
6The bill provides that a public utility that owns or
7controls a utility pole to which a small wireless facility
8is sited in alleged violation of the Iowa electrical safety
9code or any other applicable law must notify the owner of
10the small wireless facility of the violation, which must
11include the location of the alleged violation, a description
12of the alleged violation, and suggested corrective action.
13The owner of the small wireless facility must respond to the
14public utility within 60 days, which must include a statement
15as to whether the person is the owner of the small wireless
16facility in dispute, a statement as to whether the owner
17disputes the violation, a plan for corrective action if the
18owner does not dispute the violation, and a statement as to
19whether the violation has been corrected. The owner must take
20corrective action to correct an alleged violation within 180
21days after receiving notice of the alleged violation, unless
22good cause is shown that a delay is appropriate, as specified
23in the bill. The bill provides that either party may file
24an action concerning an alleged violation in the appropriate
25district court for injunctive relief or any other appropriate
26remedy, including the removal of a small wireless facility,
27if the parties cannot resolve the dispute after following the
28procedures provided in the bill.
29The bill amends Code section 8C.9 to repeal Code chapter 8C
30on July 1, 2022, instead of on July 1, 2020.
31Code chapter 28F provides for the joint financing by public
32agencies of certain public works and facilities. The bill
33amends Code section 28F.1 to include works or facilities
34useful for the operation of a telecommunications system or
35the provision of telecommunications services in the list of
-13-1specified facilities subject to joint financing by public
2agencies.
-14-gh/rn/rj
2the authorization of joint financing of telecommunications
3facilities.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 8C.2, subsections 3 and 14, Code 2017,
2are amended to read as follows:
33. “Authority”, used as a noun, means a state, county,
4or city governing body, board, agency, office, or commission
5authorized by law to make legislative, quasi-judicial,
6or administrative decisions relative to an application.
7“Authority” does not include state courts having jurisdiction
8over land use, planning, or zoning decisions made by an
9authority, the utilities division of the department of
10commerce, or entities municipally owned utilities established
11under Title IX, subtitle 4 of the Code that do not have zoning
12or permitting authority with respect to the siting of small
13wireless facilities pursuant to section 8C.7A.
1414. “Utility pole” means a pole or similar structure
15owned or operated utilized in whole or in part by a public
16utility, municipality, wireless service provider or electric
17utility that is designed specifically for and used to carry
18lines, cable, transmission equipment, or wires for telephone,
19wireless service, cable television, or electricity service, or
20to provide for lighting, traffic control, signage, or other
21similar functions.
22 Sec. 2. Section 8C.2, Code 2017, is amended by adding the
23following new subsections:
24 NEW SUBSECTION. 10A. a. “Small wireless facility” means a
25wireless 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 base
28station is cumulatively no more than twenty-eight cubic feet
29in volume.
30(b) For purposes of this subparagraph, volume shall be
31measured by the external displacement of the primary equipment
32enclosure, not the internal volume of such enclosure. An
33associated electric meter, concealment, telecommunications
34demarcation box, ground-based enclosures, battery backup power
35systems, grounding equipment, power transfer switch, cutoff
-1-1switch, cable, conduit, and any equipment that is concealed
2from public view within or behind an existing structure or
3concealment may be located outside of the primary equipment
4enclosure and shall not be included in the calculation of the
5equipment volume.
6b. “Small wireless facility” does not include any structure
7that supports or houses equipment described in this subsection.
8 NEW SUBSECTION. 14A. “Wireless facility” means equipment
9at a fixed location that enables the transmission of wireless
10communications and information of any kind between user
11equipment and a communications network.
12 NEW SUBSECTION. 14B. “Wireless service” means any fixed or
13mobile service using licensed or unlicensed wireless spectrum
14and provided by a wireless facility.
15 NEW SUBSECTION. 14C. “Wireless service provider” means a
16provider of wireless service.
17 Sec. 3. NEW SECTION. 8C.7A Uniform rules for small wireless
18facilities — permit approval.
191. a. Except as provided in this section, an authority
20shall not prohibit or restrict the siting of a small wireless
21facility.
22b. For purposes of this section, “siting” means the
23mounting, installation, maintenance, modification, operation,
24or replacement of a small wireless facility on or adjacent to
25any of the following:
26(1) An existing tower, utility pole, wireless support
27structure, or other existing structure.
28(2) A new utility pole of a similar height, location, and
29appearance as an existing structure.
30(3) A replacement utility pole of a similar height,
31location, and appearance as an existing structure.
322. a. An authority that has adopted planning and zoning
33regulations shall authorize the siting of a small wireless
34facility within its jurisdiction and shall not require a person
35to obtain a special or conditional land use permit for any of
-2-1the following:
2(1) For siting the small wireless facility on a public
3right-of-way or authority property.
4(2) For siting the small wireless facility on an existing
5tower, utility pole, or wireless support structure, regardless
6of the location of the small wireless facility, except for
7on property zoned and used exclusively for single-family
8residential use or within a previously designated area of
9historical significance pursuant to section 303.34.
10b. A small wireless facility may be classified as a special
11or conditional land use where such small wireless facility is
12not sited on a property or sited in a manner as provided in
13paragraph “a”.
14c. An authority may require a person to obtain a special
15or conditional land use permit to install a new utility
16pole or wireless support structure for the siting of a small
17wireless facility on property zoned and used exclusively for
18single-family residential use or within a previously designated
19area of historical significance pursuant to section 303.34.
203. a. An authority may require a person to obtain a
21building, electrical, or public right-of-way use permit for
22the siting of a small wireless facility to the extent that
23such permit is of general applicability and does not deny
24access by the small wireless facility to a public right-of-way.
25Notwithstanding this paragraph, an authority shall not require
26a person to obtain a permit for the routine maintenance of a
27previously approved small wireless facility or the replacement
28of a previously approved small wireless facility with a
29facility of substantially similar height, weight, and wind
30and structural loading, provided, however, that an authority
31may require a person to obtain a permit to work in a public
32right-of-way with the same terms and conditions provided for
33other commercial projects or uses in the public right-of-way.
34b. An authority shall not require a person to apply for or
35enter into an individual license, franchise, or other agreement
-3-1with the authority or any other entity for the siting of a
2small wireless facility on a utility pole located on a public
3right-of-way or authority property, except that an authority
4may establish nondiscriminatory, competitively neutral and
5commercially reasonable rates, terms, and conditions set forth
6in a building permit obtained pursuant to this subsection which
7shall comply with the federal pole attachment requirements
8provided in 47 U.S.C. §224 and any regulations promulgated
9thereunder.
10c. (1) A new, replacement, or modified utility pole or
11wireless support structure installed in the public right-of-way
12for the siting of a small wireless facility shall not exceed
13the greater of ten feet in height above the tallest utility
14pole existing on or before July 1, 2017, located within five
15hundred feet of the new or replacement utility pole in the
16same public right-of-way, or fifty feet in height above ground
17level.
18(2) Notwithstanding subparagraph (1), a person may
19construct, modify, or maintain a utility pole along, across,
20and under a public right-of-way in excess of the size limits
21provided in subparagraph (1), subject to applicable zoning
22regulations.
23(3) A person shall comply with nondiscriminatory
24undergrounding requirements that prohibit wireless service
25providers from installing structures in the public right-of-way
26without prior zoning approval in areas zoned and used for
27single-family residential use, provided that such requirements
28shall not prohibit the replacement of existing structures.
29d. An authority shall accept an application for, process,
30and issue a permit under this subsection as follows:
31(1) An applicant shall not be required to provide more
32information or pay a higher application fee, consulting fee,
33or other fee associated with the processing or issuance of a
34permit than the amount charged to a telecommunications service
35provider that is not a wireless service provider. The total
-4-1amount of fees for processing or issuing a permit, including
2any fees charged by third parties, shall not exceed five
3hundred dollars for an application addressing no more than five
4small wireless facilities, and an additional fifty dollars
5for each small wireless facility addressed in an application
6in excess of five small wireless facilities. An applicant
7shall not be required to pay any additional fees or perform any
8services relating to the acceptance, processing, or issuance
9of a permit, nor provide any services unrelated to the siting
10of the small wireless facility. The total amount of fees
11shall be adjusted every five years to reflect any increases or
12decreases in the consumer price index, rounded to the nearest
13five dollars.
14(2) An authority shall approve or deny a permit application
15within sixty days following the submission of a completed
16application. An application shall be deemed approved if the
17authority fails to approve or deny the application within sixty
18days following the submission of a completed application. This
19period of time for the processing of an application may be
20tolled to accommodate timely requests for information required
21to complete or cure any defects in the application or may be
22extended by mutual agreement between the authority and the
23applicant. An applicant may address one or more small wireless
24facilities in a single application.
25(3) (a) An authority may deny a completed application
26only if the application fails to include information required
27under this subsection, does not meet applicable building
28or electrical codes or standards, provided such codes and
29standards are of general applicability, or where an engineer
30certifies that siting the small wireless facility would
31compromise the structural safety of the utility pole or
32wireless support structure on which it is proposed to be sited
33and the applicant refuses to reimburse the authority for
34the costs of replacing the utility pole or wireless support
35structure with a utility pole or wireless support structure
-5-1that can safely support the small wireless facility. An
2authority denying an application shall document the basis for
3the denial, including the specific code provisions or standards
4on which the denial is based, and provide the applicant with
5such documentation on or before the date the application is
6denied.
7(b) An applicant whose application is denied shall have
8an opportunity to cure any deficiencies identified by the
9authority as the basis for the denial and to submit a revised
10application within thirty days following the date of denial
11without paying an additional fee. The authority shall approve
12or deny a revised application within thirty days following
13submission. The authority shall not identify any deficiencies
14in a second or subsequent denial that were not identified in
15the original denial.
16(4) An authority shall not limit the duration of a permit
17issued under this subsection, provided, however, that the
18construction of a small wireless facility permitted pursuant
19to this subsection shall commence no later than two years
20following the date that the permit is issued, or two years
21after any appeals are exhausted.
22(5) An authority shall not impose a moratorium on the
23processing or issuance of permits under this subsection.
24(6) An authority shall process and issue permits on a
25nondiscriminatory basis. An authority shall receive an
26application for, process, and issue a permit for the siting of
27a small wireless facility in a manner substantially comparable
28to the permitting of other applicants within the jurisdiction
29of the authority, and may not impose discriminatory licensing
30standards for persons siting small wireless facilities.
314. The annual recurring rate charged by an authority
32for the siting of a small wireless facility on an authority
33utility pole shall not exceed the rate computed by the
34federal communications commission for telecommunications pole
35attachments in 47 C.F.R.§1.1409(e)(2).
-6- 15. a. An authority shall authorize the siting of a small
2wireless facility on a wireless support structure not located
3within the public right-of-way to the same extent the authority
4authorizes access to such wireless support structures for other
5commercial projects or uses, and may authorize the siting even
6if the authority has not previously permitted such access.
7b. A siting authorized under this subsection shall be
8subject to reasonable rates, terms, and conditions as provided
9in one or more agreements between the authority and the
10wireless service provider. Notwithstanding chapter 480A,
11the annual recurring rate for such siting as charged by an
12authority shall not exceed the least of any of the following:
13(1) The amount charged for a similar commercial project or
14use to occupy a similar area of space on similarly situated
15property.
16(2) The projected cost to the authority resulting from the
17siting.
18(3) One hundred dollars, adjusted every five years to
19reflect any increases or decreases in the consumer price index,
20rounded to the nearest five dollars.
216. A party aggrieved by the final action of an authority,
22either by its affirmative action on a permit, term or
23condition, or rate under the provisions of this section or by
24its inaction, may bring an action for review in any court of
25competent jurisdiction.
267. This section shall not modify the rights and obligations
27of an owner of a utility pole under 47 C.F.R.§1.1401 et seq.,
28and the Iowa electrical safety code.
29 Sec. 4. NEW SECTION. 8C.7B Small wireless facilities —
30violation and removal.
311. A public utility that owns or controls a utility pole to
32which a small wireless facility is sited in alleged violation
33of the Iowa electrical safety code or any other provision of
34law shall notify, in writing or by any other method agreed upon
35by the parties in writing, the owner of the small wireless
-7-1facility of the alleged violation. The notice shall include
2the following information:
3a. The address and location where the alleged violation
4occurred.
5b. A description of the alleged violation.
6c. Suggested corrective action.
72. Upon the receipt of notice of an alleged violation, the
8owner shall respond to the public utility within sixty days in
9writing or by any other method agreed upon by the parties in
10writing. The response shall include the following information:
11a. A statement disclosing whether or not the person owns the
12small wireless facility in dispute.
13b. A statement disclosing that the owner disputes that the
14violation has occurred, if applicable.
15c. A plan for corrective action if the owner does not
16dispute that the violation has occurred.
17d. A statement disclosing whether the violation has been
18corrected, if the owner does not dispute that the violation has
19occurred.
203. The owner of a small wireless facility in alleged
21violation of section 8C.7A or any other applicable provision
22of law shall correct the alleged violation within one hundred
23eighty days after receiving notice of the violation unless,
24for good cause shown, a delay for taking corrective action
25is appropriate or if the parties otherwise agree in writing
26to extend the time required to take corrective action. Good
27cause for a delay in corrective action shall include but is
28not limited to a dispute over whether the person owns the
29small wireless facility in dispute, or a dispute over whether
30the alleged violation has occurred, if taking corrective
31action within the required time frame is not possible due to
32circumstances which are beyond the control of the owner of
33the small wireless facility. The public utility and owner of
34the small wireless facility shall cooperate in determining an
35efficient and cost-effective solution to correct an alleged
-8-1violation.
24. If the parties cannot resolve the dispute after following
3the procedures provided in subsections 1 through 3, either
4party may file an action concerning an alleged violation under
5this section in the district court for the county in which the
6violation is alleged to have occurred, for injunctive relief or
7any other appropriate remedy, including the removal of a small
8wireless facility deemed by the court to be in violation of the
9Iowa electrical safety code.
10 Sec. 5. Section 8C.9, Code 2017, is amended to read as
11follows:
128C.9 Repeal.
13This chapter is repealed July 1, 2020 2022.
14 Sec. 6. Section 28F.1, subsection 1, Code 2017, is amended
15to read as follows:
161. This chapter provides a means for the joint financing
17by public agencies of works or facilities useful and necessary
18for the collection, treatment, purification, and disposal
19in a sanitary manner of liquid and solid waste, sewage,
20and industrial waste, facilities used for the conversion of
21solid waste to energy, works or facilities useful for the
22operation of a telecommunications system or the provision of
23telecommunications services, and also electric power facilities
24constructed within the state of Iowa, except that hydroelectric
25power facilities may also be located in the waters and on the
26dams of or on land adjacent to either side of the Mississippi
27or Missouri river bordering the state of Iowa, water supply
28systems, swimming pools or golf courses. This chapter applies
29to the acquisition, construction, reconstruction, ownership,
30operation, repair, extension, or improvement of such works
31or facilities, by a separate administrative or legal entity
32created pursuant to chapter 28E or chapter 389. When the
33legal entity created under this chapter is comprised solely
34of cities, counties, and sanitary districts established under
35chapter 358, or any combination thereof or any combination of
-9-1the foregoing with other public agencies, the entity shall
2be both a corporation and a political subdivision with the
3name under which it was organized. The legal entity may sue
4and be sued, contract, acquire and hold real and personal
5property necessary for corporate purposes, adopt a corporate
6seal and alter the seal at pleasure, and execute all the powers
7conferred in this chapter.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill authorizes the siting of small wireless facilities
12and the joint financing of telecommunications facilities.
13 Code chapter 8C provides a series of uniform rules and
14limitations for the deployment of and applications for wireless
15communications facilities and infrastructure. The bill adds
16specific rules and limitations for the application for and
17deployment of small wireless facilities.
18The bill amends the definition of “authority” in Code
19section 8C.2 to exclude municipally owned utilities established
20under Title IX, subtitle 4 of the Code that do not have zoning
21or permitting authority with respect to the siting of small
22wireless facilities. The bill defines “siting” to mean the
23mounting, installation, maintenance, modification, operation,
24or replacement of a small wireless facility on or adjacent to
25an existing utility pole or other structure, a replacement
26utility pole, or a new utility pole. The bill defines “small
27wireless facility” as a wireless facility where each antenna is
28no more than six cubic feet in volume and all other equipment,
29except for certain equipment described in the bill, is
30cumulatively no more than 28 cubic feet in volume, as measured
31by its external displacement. A “small wireless facility” does
32not include any structure that supports or houses equipment.
33The bill amends the definition of “utility pole” in Code
34section 8C.2 to include wireless service. The bill defines
35“wireless facility” to mean equipment at a fixed location
-10-1that enables the transmission of wireless communications
2and information of any kind between user equipment and a
3communications network. The bill defines “wireless service” to
4mean any fixed or mobile service using licensed or unlicensed
5wireless spectrum and provided by a wireless facility. The
6bill defines “wireless service provider” to mean a provider of
7wireless service.
8The bill prohibits an authority from restricting the siting
9of small wireless facilities. An authority with planning
10and zoning regulations shall authorize such facilities in
11zoning districts where the facilities are located on public
12rights-of-way or authority property, or where the facilities
13are sited on certain existing structures. Facilities not sited
14on such property or sited in such a manner may be classified as
15special or conditional uses. An authority may also require a
16person to obtain a special or conditional land use permit to
17install new utility poles or wireless support structures on
18certain property.
19The bill provides that an authority may require a person
20to obtain building, electrical, or public way use permits for
21the siting of small wireless facilities if such permit is of
22general applicability and does not deny a facility access to
23a public right-of-way. However, an authority cannot require
24a person to obtain a permit for the routine maintenance or
25replacement of a previously approved facility unless such
26permit contains the same terms and conditions provided for
27other commercial projects or uses in the public right-of-way.
28The bill prohibits an authority from requiring a person to
29enter into an individual license, franchise, or other agreement
30with the authority for the siting of small wireless facilities
31on utility poles located on public rights-of-way or authority
32property, subject to nondiscriminatory, competitively neutral
33and commercially reasonable terms and conditions provided in
34a building permit obtained pursuant to the bill and which
35complies with federal pole attachment requirements.
-11- 1The bill provides that a new, replacement, or modified
2utility pole or wireless support structure installed in
3the public right-of-way for the siting of a small wireless
4facility shall not exceed the greater of 10 feet in height
5above the tallest utility pole existing on or before July
61, 2017, located within 500 feet of the new or replacement
7utility pole in the same public right-of-way, or 50 feet in
8height above ground level. However, a person may construct,
9modify, or maintain a utility pole along, across, and
10under a public right-of-way in excess of such size limits,
11subject to applicable zoning regulations and compliance with
12nondiscriminatory undergrounding requirements.
13The bill provides a series of rules and limitations
14applicable to an application for a permit. The rules and
15limitations include prohibiting requiring certain information
16from or about an applicant, limiting the amount of application
17fees for processing or issuing a permit, time frames within
18which an authority must approve or deny a permit application,
19standards for the denial of a permit application, prohibiting
20the imposition of a moratorium on the processing or issuance of
21permits, and prohibiting the processing or issuance of permits
22on a discriminatory basis, as specified in the bill.
23The bill provides that the annual recurring rate charged
24by an authority for the siting of small wireless facilities
25on utility poles cannot exceed the rate computed for
26telecommunications pole attachments pursuant to federal law.
27The bill provides that an authority must authorize the
28siting of small wireless facilities on wireless support
29structures not located within public rights-of-way to the
30same extent the authority permits access for other commercial
31projects or uses, and may authorize the siting even if the
32authority has not previously permitted access. The annual
33recurring rate for such siting cannot exceed the least of the
34amount charged for a similar project on similar property,
35the projected cost to the authority for the siting, or $100,
-12-1adjusted every five years to reflect changes in the consumer
2price index.
3The bill provides that a party aggrieved by the final action
4or inaction of an authority may bring an action for review in
5any court of competent jurisdiction.
6The bill provides that a public utility that owns or
7controls a utility pole to which a small wireless facility
8is sited in alleged violation of the Iowa electrical safety
9code or any other applicable law must notify the owner of
10the small wireless facility of the violation, which must
11include the location of the alleged violation, a description
12of the alleged violation, and suggested corrective action.
13The owner of the small wireless facility must respond to the
14public utility within 60 days, which must include a statement
15as to whether the person is the owner of the small wireless
16facility in dispute, a statement as to whether the owner
17disputes the violation, a plan for corrective action if the
18owner does not dispute the violation, and a statement as to
19whether the violation has been corrected. The owner must take
20corrective action to correct an alleged violation within 180
21days after receiving notice of the alleged violation, unless
22good cause is shown that a delay is appropriate, as specified
23in the bill. The bill provides that either party may file
24an action concerning an alleged violation in the appropriate
25district court for injunctive relief or any other appropriate
26remedy, including the removal of a small wireless facility,
27if the parties cannot resolve the dispute after following the
28procedures provided in the bill.
29The bill amends Code section 8C.9 to repeal Code chapter 8C
30on July 1, 2022, instead of on July 1, 2020.
31Code chapter 28F provides for the joint financing by public
32agencies of certain public works and facilities. The bill
33amends Code section 28F.1 to include works or facilities
34useful for the operation of a telecommunications system or
35the provision of telecommunications services in the list of
-13-1specified facilities subject to joint financing by public
2agencies.
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