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Senate File 431 - ReprintedA Bill ForAn Act 1relating to the siting of small wireless facilities.
2BE 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 any of the following:
8a. Statecourts having jurisdiction over land use, planning,
9or zoning decisions made by an authority, the.
10b. Theutilities division of the department of commerce, or.
11c. Anyentities, including municipally owned utilities
12established under or governed by Title IX, subtitle 4 of
13the Code, that do not have zoning or permitting authority
14 jurisdiction.
1514. “Utility pole” means a pole or similar structure owned
16or operated utilized in whole or in part by a public utility,
17municipality, wireless service provider, or electric utility
18that is designed specifically for and used to carry lines,
19cable, transmission equipment, or wires for telephone, wireless
20service, cable television, or electricity service, or to
21provide for lighting, traffic control, signage, information
22kiosks, or other similar functions.
23 Sec. 2. Section 8C.2, Code 2017, is amended by adding the
24following new subsections:
25 NEW SUBSECTION. 10A. a. “Small wireless facility” means a
26wireless facility that meets the following requirements:
27(1) Each antenna is no more than six cubic feet in volume.
28(2) (a) All other equipment associated with the small
29wireless facility is cumulatively no more than twenty-eight
30cubic feet in volume.
31(b) For purposes of this subparagraph, volume shall be
32measured by the external displacement of the primary equipment
33enclosure, not the internal volume of such enclosure. An
34associated electric meter, concealment, telecommunications
35demarcation box, ground-based enclosures, battery backup power
-1-1systems, grounding equipment, power transfer switch, cutoff
2switch, cable, conduit, and any equipment that is concealed
3from public view within or behind an existing structure or
4concealment may be located outside of the primary equipment
5enclosure and shall not be included in the calculation of the
6equipment volume.
7b. “Small wireless facility” does not include any structure
8that supports or houses equipment described in this subsection.
9 NEW SUBSECTION. 14A. “Wireless facility” means equipment
10at a fixed location that enables the transmission of wireless
11communications or information of any kind between user
12equipment and a communications network.
13 NEW SUBSECTION. 14B. “Wireless service” means any fixed or
14mobile service using licensed or unlicensed wireless spectrum
15and provided using a wireless facility.
16 NEW SUBSECTION. 14C. “Wireless service provider” means a
17provider of wireless service.
18 Sec. 3. NEW SECTION. 8C.7A Uniform rules for small wireless
19facilities — permit approval.
201. a. Except as provided in this section, an authority
21shall not prohibit or restrict the siting of a small wireless
22facility.
23b. For purposes of this section, “siting” means the
24mounting, installation, maintenance, modification, operation,
25or replacement of a small wireless facility on or adjacent to
26any of the following:
27(1) An existing tower, utility pole, wireless support
28structure, or other existing structure.
29(2) A new utility pole of a similar height and appearance
30as an existing utility pole and which is located within a
31five-hundred-foot radius of the existing utility pole.
32(3) A replacement utility pole of a similar height and
33appearance as an existing utility pole and which is located
34within a five-hundred-foot radius of the existing utility pole.
352. a. An authority that has adopted planning and zoning
-2-1regulations shall authorize the siting of a small wireless
2facility within its jurisdiction and shall not require a person
3to obtain a special or conditional land use permit for any of
4the following:
5(1) For siting the small wireless facility in a public
6right-of-way or on an authority structure located outside of
7a public right-of-way to the extent that such structure is
8already in use as a wireless support structure by supporting
9non-authority communications equipment that involve external
10attachments, provided that such structure is not listed on the
11national register of historic places.
12(2) For siting the small wireless facility on an existing
13tower, utility pole, or wireless support structure, regardless
14of the location, except for on property zoned and used
15exclusively for single-family residential use or within a
16previously designated area of historical significance pursuant
17to section 303.34.
18b. A small wireless facility may be classified as a special
19or conditional land use where such small wireless facility is
20not sited in a manner as provided in paragraph “a”.
21c. A person may install a new utility pole or wireless
22support structure in a public right-of-way subject to the
23provisions of this section. However, an authority may require
24a person to obtain a special or conditional land use permit to
25install a new utility pole or wireless support structure for
26the siting of a small wireless facility on property zoned and
27used exclusively for single-family residential use or within a
28previously designated area of historical significance pursuant
29to section 303.34.
303. a. An authority may require a person to obtain a
31building, electrical, or public right-of-way use permit for the
32siting of a small wireless facility to the extent that such
33permit is of general applicability and does not deny access
34to site the small wireless facility in a public right-of-way.
35Notwithstanding this paragraph, an authority shall not require
-3-1a person to obtain a permit for the routine maintenance of a
2previously approved small wireless facility or the replacement
3of a previously approved small wireless facility with a
4facility of substantially similar height, weight, and wind
5and structural loading, provided, however, that an authority
6may require a person to obtain a permit to work in a public
7right-of-way or on an authority structure located outside
8of a public right-of-way with the same terms and conditions
9provided for other commercial projects or uses in the public
10right-of-way or on the authority structure.
11b. An authority shall not require a person to apply for
12or enter into an individual license, franchise, or other
13agreement with the authority or any other entity for the siting
14of a small wireless facility on a utility pole located in a
15public right-of-way. However, an authority may, through the
16conditions set forth in a building permit obtained pursuant to
17this subsection, do any of the following:
18(1) Establish nondiscriminatory, competitively neutral and
19commercially reasonable rates, terms, and conditions for such
20siting, which rates, terms, and conditions shall comply with
21the federal pole attachment requirements provided in 47 U.S.C.
22§224 and any regulations promulgated thereunder.
23(2) Require compliance with the Iowa electrical safety
24code.
25(3) Require that a small wireless facility reasonably match
26the aesthetics of an existing utility pole or wireless support
27structure that incorporates decorative elements.
28(4) Require compliance with section 306.46, subsection 1,
29and section 306.47.
30c. Beginning with applications filed on or after September
311, 2017, an authority shall accept an application for, process,
32and issue a permit under this subsection as follows:
33(1) An applicant shall not be required to provide more
34information or pay a higher application fee, consulting fee,
35or other fee associated with the processing or issuance of a
-4-1permit than the amount charged to a telecommunications service
2provider that is not a wireless service provider. The total
3amount of fees for processing or issuing a permit, including
4any fees charged by third parties, shall not exceed five
5hundred dollars for an application addressing no more than five
6small wireless facilities, and an additional fifty dollars
7for each small wireless facility addressed in an application
8in excess of five small wireless facilities. An applicant
9shall not be required to pay any additional fees or perform any
10services relating to the acceptance, processing, or issuance
11of a permit, nor provide any services unrelated to the siting
12of the small wireless facility or of a new, replacement, or
13modified utility pole on which a small wireless facility is
14sited. For purposes of this subparagraph, engineering and
15structural review are deemed to be related to the permitting
16of a small wireless facility. The total amount of fees shall
17be adjusted every five years to reflect any increases or
18decreases in the consumer price index, rounded to the nearest
19five dollars.
20(2) An authority shall approve or deny a permit application
21within sixty days following the submission of a completed
22application. Except as provided herein, an application shall
23be deemed approved if the authority fails to approve or deny
24the application within sixty days following the submission of a
25completed application. This period of time for the processing
26of an application may be extended upon mutual written agreement
27between the authority and the applicant. An applicant may
28address up to twenty-five small wireless facilities in a single
29application, provided, however, that a single application may
30only address small wireless facilities within a single two-mile
31radius. In rendering a decision on an application addressing
32more than one small wireless facility, an authority may
33approve the application as to certain individual small wireless
34facilities while denying it as to others. An authority’s
35denial of an individual small wireless facility or subset of
-5-1small wireless facilities within an application is not a basis
2to deny the application as a whole. If an authority receives
3applications for the approval of more than seventy-five small
4wireless facilities within a single seven-day period, whether
5from a single applicant or from multiple applicants, the
6authority may, upon request, obtain an automatic thirty-day
7extension for any additional siting application submitted
8during that seven-day period.
9(3) (a) An authority may only deny a completed application
10if any of the following apply:
11(i) The application fails to include reasonable information
12required by the authority and in accordance with this
13subsection.
14(ii) The application does not meet applicable building
15or electrical codes or standards, provided such codes and
16standards are of general applicability.
17(iii) The application would result in the authority being
18noncompliant with the federal Americans With Disabilities Act.
19(iv) A licensed engineer certifies that siting the small
20wireless facility would compromise the structural safety of, or
21preclude the essential purpose of, the utility pole or wireless
22support structure on which it is proposed to be sited and the
23applicant refuses to reimburse the authority for the costs of
24modifying or replacing the utility pole or wireless support
25structure with a utility pole or wireless support structure
26that would safely support the small wireless facility and
27preserve the essential purpose of the utility pole or wireless
28support structure.
29(v) The application seeks approval of a new utility pole
30or wireless support structure that would preclude the safe
31and effective use of facilities already located in a public
32right-of-way.
33(vi) The application seeks approval for the siting of a
34small wireless facility on a wireless support structure used
35exclusively for emergency communications equipment.
-6- 1(b) An authority denying an application shall document the
2basis for the denial, including the specific code provisions
3or standards on which the denial is based, and provide the
4applicant with such documentation on or before the date the
5application is denied.
6(c) An applicant whose application is denied shall have
7an opportunity to cure any deficiencies identified by the
8authority as the basis for the denial and to submit a revised
9application within thirty days following the date of denial
10without paying an additional fee. The authority shall approve
11or deny a revised application within thirty days following
12submission. The authority shall not identify any deficiencies
13in a second or subsequent denial that were not identified in
14the original denial.
15(4) An authority shall not limit the duration of a permit
16issued under this subsection, provided, however, that the
17construction of a small wireless facility permitted pursuant
18to this subsection shall commence no later than two years
19following the date that the permit is issued, or two years
20after any appeals are exhausted.
21(5) An authority shall not impose a moratorium on the
22processing or issuance of permits under this subsection.
23(6) An authority shall process and issue permits on a
24nondiscriminatory basis. An authority shall receive an
25application for, process, and issue a permit for the siting of
26a small wireless facility in a manner substantially comparable
27to the permitting of other applicants within the jurisdiction
28of the authority, and may not impose discriminatory licensing
29standards for persons siting small wireless facilities.
304. The annual recurring rate charged by an authority
31for the siting of a small wireless facility on an authority
32utility pole shall not exceed the rate computed by the
33federal communications commission for telecommunications pole
34attachments in 47 C.F.R.§1.1409(e)(2).
355. a. An authority shall authorize the siting of a small
-7-1wireless facility on an authority structure located outside
2of a public right-of-way to the same extent the authority
3authorizes access to such structures for other non-authority
4communications equipment that involve external attachments,
5and may authorize the siting even if the authority has not
6previously 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, except that if the final action of the
26authority was the denial of a conditional or special use permit
27pursuant to this section, the party must first seek review
28under section 335.13 or 414.10, as applicable.
297. This section only addresses an authority’s approval of
30zoning and building permits and the rates for the use of public
31rights-of way and authority structures. This section shall not
32modify the rights and obligations of a nonauthority owner of a
33utility pole or a municipal utility that owns a utility pole,
34under 47 C.F.R.§1.1401 et seq., and the Iowa electrical safety
35code.
-8-1 Sec. 4. NEW SECTION. 8C.7B Small wireless facilities —
2violation and removal.
31. A public utility that owns or controls a utility pole on
4which a small wireless facility is sited in alleged violation
5of this chapter or the Iowa electrical safety code shall
6notify the owner of the small wireless facility of the alleged
7violation, in writing or by any other method agreed upon by the
8parties in writing. The notice shall include the following
9information:
10a. The address and location where the alleged violation
11occurred.
12b. A description of the alleged violation.
13c. Suggested corrective action.
142. Upon the receipt of notice of an alleged violation, the
15recipient of such notice shall respond to the public utility
16within sixty days in writing or by any other method agreed upon
17by the parties in writing. The response shall include the
18following information:
19a. A statement disclosing whether or not the recipient
20of the notice is the owner of the small wireless facility at
21issue.
22b. A statement disclosing that the owner disputes that the
23alleged violation has occurred, if applicable.
24c. A plan for corrective action if the owner does not
25dispute that the violation has occurred.
26d. A statement disclosing whether the violation has been
27corrected, if the owner does not dispute that the violation has
28occurred.
293. The owner of a small wireless facility in alleged
30violation of this chapter or the Iowa electrical safety
31code shall correct the alleged violation within one hundred
32eighty days after receiving notice of the violation unless,
33for good cause shown, a delay for taking corrective action
34is appropriate or if the parties otherwise agree in writing
35to extend the time required to take corrective action. Good
-9-1cause for a delay in corrective action shall include but is
2not limited to a dispute over whether the recipient of the
3notice is the owner of the small wireless facility at issue, a
4dispute over whether the alleged violation has occurred, or if
5taking corrective action within the required time frame is not
6possible due to circumstances which are beyond the control of
7the owner of the small wireless facility. The public utility
8and owner of the small wireless facility shall cooperate in
9determining an efficient and cost-effective solution to correct
10an alleged violation.
114. a. Notwithstanding subsections 1 through 3, in the event
12of an emergency, an authority or public utility shall contact
13the owner of the small wireless facility at issue and provide
14the owner with a reasonable opportunity to alleviate such
15emergency or participate with the authority or public utility
16to make any repairs necessary to alleviate such emergency. If
17the owner of the small wireless facility does not respond in a
18timely manner, the authority or public utility may remove or
19make alterations to the small wireless facility as necessary
20to ensure public safety.
21b. For purposes of this subsection, “emergency” means
22exigent and extraordinary circumstances under which the
23physical or electrical failure of a utility pole, wireless
24support structure, or small wireless facility threatens
25imminent physical harm to persons or there is a substantial
26likelihood of imminent and significant harm to property.
275. If the parties cannot resolve a dispute after following
28the procedures provided in this section, any party may file an
29action concerning an alleged violation under this section in
30the district court for the county in which the violation is
31alleged to have occurred, for any appropriate remedy, including
32the removal of a small wireless facility deemed by the court to
33be in violation of this chapter or the Iowa electrical safety
34code. However, this section shall not preclude a party from
35bringing an action pursuant to the Iowa electrical safety code
-10-1or 47 C.F.R.§1.1401 et seq., or the application of a dispute
2resolution process set forth in an applicable pole attachment
3agreement between the parties.
46. Nothing in this section shall be deemed to limit the
5ability of a public utility and the owner of a small wireless
6facility to voluntarily enter into a pole attachment agreement
7that establishes different terms for the siting of a small
8wireless facility or the resolution of a dispute regarding such
9a facility.
10 Sec. 5. NEW SECTION. 8C.7C Height limitations.
111. A new, replacement, or modified utility pole or wireless
12support structure installed in a public right-of-way located
13within the city limits of an incorporated city for the purpose
14of siting a wireless facility, including a small wireless
15facility under the provisions of this chapter shall not exceed
16the greater of ten feet in height above the tallest utility
17pole existing on or before July 1, 2017, located within five
18hundred feet of the new, replacement, or modified utility pole
19in the same public right-of-way, or forty feet in height above
20ground level. Except as provided in section 8C.7A, subsection
212, paragraph “c”, an authority shall not require a special or
22conditional use permit for the installation of a utility pole
23or wireless support structure that complies with the height
24limitations of this subsection.
252. Notwithstanding subsection 1, a person may construct,
26modify, or maintain a utility pole or wireless support
27structure along, across, and under a public right-of-way
28in excess of the size limits provided in subsection 1, to
29the extent permitted by the authority’s applicable zoning
30regulations.
313. A person shall comply with nondiscriminatory
32undergrounding requirements that prohibit wireless service
33providers from installing structures in a public right-of-way
34without prior zoning approval in areas zoned and used for
35single-family residential use, provided that such requirements
-11-1shall not prohibit the replacement of existing structures.
24. Nothing in this section shall be deemed to limit the
3ability of a public utility to install a utility pole for the
4purposes of electric utility transmission or distribution
5within a public right-of-way subject to an authority’s planning
6and zoning regulations.
7 Sec. 6. Section 8C.9, Code 2017, is amended to read as
8follows:
98C.9 Repeal.
10This chapter is repealed July 1, 2020 2022.
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2BE 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 any of the following:
8a. Statecourts having jurisdiction over land use, planning,
9or zoning decisions made by an authority, the.
10b. Theutilities division of the department of commerce, or.
11c. Anyentities, including municipally owned utilities
12established under or governed by Title IX, subtitle 4 of
13the Code, that do not have zoning or permitting authority
14 jurisdiction.
1514. “Utility pole” means a pole or similar structure owned
16or operated utilized in whole or in part by a public utility,
17municipality, wireless service provider, or electric utility
18that is designed specifically for and used to carry lines,
19cable, transmission equipment, or wires for telephone, wireless
20service, cable television, or electricity service, or to
21provide for lighting, traffic control, signage, information
22kiosks, or other similar functions.
23 Sec. 2. Section 8C.2, Code 2017, is amended by adding the
24following new subsections:
25 NEW SUBSECTION. 10A. a. “Small wireless facility” means a
26wireless facility that meets the following requirements:
27(1) Each antenna is no more than six cubic feet in volume.
28(2) (a) All other equipment associated with the small
29wireless facility is cumulatively no more than twenty-eight
30cubic feet in volume.
31(b) For purposes of this subparagraph, volume shall be
32measured by the external displacement of the primary equipment
33enclosure, not the internal volume of such enclosure. An
34associated electric meter, concealment, telecommunications
35demarcation box, ground-based enclosures, battery backup power
-1-1systems, grounding equipment, power transfer switch, cutoff
2switch, cable, conduit, and any equipment that is concealed
3from public view within or behind an existing structure or
4concealment may be located outside of the primary equipment
5enclosure and shall not be included in the calculation of the
6equipment volume.
7b. “Small wireless facility” does not include any structure
8that supports or houses equipment described in this subsection.
9 NEW SUBSECTION. 14A. “Wireless facility” means equipment
10at a fixed location that enables the transmission of wireless
11communications or information of any kind between user
12equipment and a communications network.
13 NEW SUBSECTION. 14B. “Wireless service” means any fixed or
14mobile service using licensed or unlicensed wireless spectrum
15and provided using a wireless facility.
16 NEW SUBSECTION. 14C. “Wireless service provider” means a
17provider of wireless service.
18 Sec. 3. NEW SECTION. 8C.7A Uniform rules for small wireless
19facilities — permit approval.
201. a. Except as provided in this section, an authority
21shall not prohibit or restrict the siting of a small wireless
22facility.
23b. For purposes of this section, “siting” means the
24mounting, installation, maintenance, modification, operation,
25or replacement of a small wireless facility on or adjacent to
26any of the following:
27(1) An existing tower, utility pole, wireless support
28structure, or other existing structure.
29(2) A new utility pole of a similar height and appearance
30as an existing utility pole and which is located within a
31five-hundred-foot radius of the existing utility pole.
32(3) A replacement utility pole of a similar height and
33appearance as an existing utility pole and which is located
34within a five-hundred-foot radius of the existing utility pole.
352. a. An authority that has adopted planning and zoning
-2-1regulations shall authorize the siting of a small wireless
2facility within its jurisdiction and shall not require a person
3to obtain a special or conditional land use permit for any of
4the following:
5(1) For siting the small wireless facility in a public
6right-of-way or on an authority structure located outside of
7a public right-of-way to the extent that such structure is
8already in use as a wireless support structure by supporting
9non-authority communications equipment that involve external
10attachments, provided that such structure is not listed on the
11national register of historic places.
12(2) For siting the small wireless facility on an existing
13tower, utility pole, or wireless support structure, regardless
14of the location, except for on property zoned and used
15exclusively for single-family residential use or within a
16previously designated area of historical significance pursuant
17to section 303.34.
18b. A small wireless facility may be classified as a special
19or conditional land use where such small wireless facility is
20not sited in a manner as provided in paragraph “a”.
21c. A person may install a new utility pole or wireless
22support structure in a public right-of-way subject to the
23provisions of this section. However, an authority may require
24a person to obtain a special or conditional land use permit to
25install a new utility pole or wireless support structure for
26the siting of a small wireless facility on property zoned and
27used exclusively for single-family residential use or within a
28previously designated area of historical significance pursuant
29to section 303.34.
303. a. An authority may require a person to obtain a
31building, electrical, or public right-of-way use permit for the
32siting of a small wireless facility to the extent that such
33permit is of general applicability and does not deny access
34to site the small wireless facility in a public right-of-way.
35Notwithstanding this paragraph, an authority shall not require
-3-1a person to obtain a permit for the routine maintenance of a
2previously approved small wireless facility or the replacement
3of a previously approved small wireless facility with a
4facility of substantially similar height, weight, and wind
5and structural loading, provided, however, that an authority
6may require a person to obtain a permit to work in a public
7right-of-way or on an authority structure located outside
8of a public right-of-way with the same terms and conditions
9provided for other commercial projects or uses in the public
10right-of-way or on the authority structure.
11b. An authority shall not require a person to apply for
12or enter into an individual license, franchise, or other
13agreement with the authority or any other entity for the siting
14of a small wireless facility on a utility pole located in a
15public right-of-way. However, an authority may, through the
16conditions set forth in a building permit obtained pursuant to
17this subsection, do any of the following:
18(1) Establish nondiscriminatory, competitively neutral and
19commercially reasonable rates, terms, and conditions for such
20siting, which rates, terms, and conditions shall comply with
21the federal pole attachment requirements provided in 47 U.S.C.
22§224 and any regulations promulgated thereunder.
23(2) Require compliance with the Iowa electrical safety
24code.
25(3) Require that a small wireless facility reasonably match
26the aesthetics of an existing utility pole or wireless support
27structure that incorporates decorative elements.
28(4) Require compliance with section 306.46, subsection 1,
29and section 306.47.
30c. Beginning with applications filed on or after September
311, 2017, an authority shall accept an application for, process,
32and issue a permit under this subsection as follows:
33(1) An applicant shall not be required to provide more
34information or pay a higher application fee, consulting fee,
35or other fee associated with the processing or issuance of a
-4-1permit than the amount charged to a telecommunications service
2provider that is not a wireless service provider. The total
3amount of fees for processing or issuing a permit, including
4any fees charged by third parties, shall not exceed five
5hundred dollars for an application addressing no more than five
6small wireless facilities, and an additional fifty dollars
7for each small wireless facility addressed in an application
8in excess of five small wireless facilities. An applicant
9shall not be required to pay any additional fees or perform any
10services relating to the acceptance, processing, or issuance
11of a permit, nor provide any services unrelated to the siting
12of the small wireless facility or of a new, replacement, or
13modified utility pole on which a small wireless facility is
14sited. For purposes of this subparagraph, engineering and
15structural review are deemed to be related to the permitting
16of a small wireless facility. The total amount of fees shall
17be adjusted every five years to reflect any increases or
18decreases in the consumer price index, rounded to the nearest
19five dollars.
20(2) An authority shall approve or deny a permit application
21within sixty days following the submission of a completed
22application. Except as provided herein, an application shall
23be deemed approved if the authority fails to approve or deny
24the application within sixty days following the submission of a
25completed application. This period of time for the processing
26of an application may be extended upon mutual written agreement
27between the authority and the applicant. An applicant may
28address up to twenty-five small wireless facilities in a single
29application, provided, however, that a single application may
30only address small wireless facilities within a single two-mile
31radius. In rendering a decision on an application addressing
32more than one small wireless facility, an authority may
33approve the application as to certain individual small wireless
34facilities while denying it as to others. An authority’s
35denial of an individual small wireless facility or subset of
-5-1small wireless facilities within an application is not a basis
2to deny the application as a whole. If an authority receives
3applications for the approval of more than seventy-five small
4wireless facilities within a single seven-day period, whether
5from a single applicant or from multiple applicants, the
6authority may, upon request, obtain an automatic thirty-day
7extension for any additional siting application submitted
8during that seven-day period.
9(3) (a) An authority may only deny a completed application
10if any of the following apply:
11(i) The application fails to include reasonable information
12required by the authority and in accordance with this
13subsection.
14(ii) The application does not meet applicable building
15or electrical codes or standards, provided such codes and
16standards are of general applicability.
17(iii) The application would result in the authority being
18noncompliant with the federal Americans With Disabilities Act.
19(iv) A licensed engineer certifies that siting the small
20wireless facility would compromise the structural safety of, or
21preclude the essential purpose of, the utility pole or wireless
22support structure on which it is proposed to be sited and the
23applicant refuses to reimburse the authority for the costs of
24modifying or replacing the utility pole or wireless support
25structure with a utility pole or wireless support structure
26that would safely support the small wireless facility and
27preserve the essential purpose of the utility pole or wireless
28support structure.
29(v) The application seeks approval of a new utility pole
30or wireless support structure that would preclude the safe
31and effective use of facilities already located in a public
32right-of-way.
33(vi) The application seeks approval for the siting of a
34small wireless facility on a wireless support structure used
35exclusively for emergency communications equipment.
-6- 1(b) An authority denying an application shall document the
2basis for the denial, including the specific code provisions
3or standards on which the denial is based, and provide the
4applicant with such documentation on or before the date the
5application is denied.
6(c) An applicant whose application is denied shall have
7an opportunity to cure any deficiencies identified by the
8authority as the basis for the denial and to submit a revised
9application within thirty days following the date of denial
10without paying an additional fee. The authority shall approve
11or deny a revised application within thirty days following
12submission. The authority shall not identify any deficiencies
13in a second or subsequent denial that were not identified in
14the original denial.
15(4) An authority shall not limit the duration of a permit
16issued under this subsection, provided, however, that the
17construction of a small wireless facility permitted pursuant
18to this subsection shall commence no later than two years
19following the date that the permit is issued, or two years
20after any appeals are exhausted.
21(5) An authority shall not impose a moratorium on the
22processing or issuance of permits under this subsection.
23(6) An authority shall process and issue permits on a
24nondiscriminatory basis. An authority shall receive an
25application for, process, and issue a permit for the siting of
26a small wireless facility in a manner substantially comparable
27to the permitting of other applicants within the jurisdiction
28of the authority, and may not impose discriminatory licensing
29standards for persons siting small wireless facilities.
304. The annual recurring rate charged by an authority
31for the siting of a small wireless facility on an authority
32utility pole shall not exceed the rate computed by the
33federal communications commission for telecommunications pole
34attachments in 47 C.F.R.§1.1409(e)(2).
355. a. An authority shall authorize the siting of a small
-7-1wireless facility on an authority structure located outside
2of a public right-of-way to the same extent the authority
3authorizes access to such structures for other non-authority
4communications equipment that involve external attachments,
5and may authorize the siting even if the authority has not
6previously 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, except that if the final action of the
26authority was the denial of a conditional or special use permit
27pursuant to this section, the party must first seek review
28under section 335.13 or 414.10, as applicable.
297. This section only addresses an authority’s approval of
30zoning and building permits and the rates for the use of public
31rights-of way and authority structures. This section shall not
32modify the rights and obligations of a nonauthority owner of a
33utility pole or a municipal utility that owns a utility pole,
34under 47 C.F.R.§1.1401 et seq., and the Iowa electrical safety
35code.
-8-1 Sec. 4. NEW SECTION. 8C.7B Small wireless facilities —
2violation and removal.
31. A public utility that owns or controls a utility pole on
4which a small wireless facility is sited in alleged violation
5of this chapter or the Iowa electrical safety code shall
6notify the owner of the small wireless facility of the alleged
7violation, in writing or by any other method agreed upon by the
8parties in writing. The notice shall include the following
9information:
10a. The address and location where the alleged violation
11occurred.
12b. A description of the alleged violation.
13c. Suggested corrective action.
142. Upon the receipt of notice of an alleged violation, the
15recipient of such notice shall respond to the public utility
16within sixty days in writing or by any other method agreed upon
17by the parties in writing. The response shall include the
18following information:
19a. A statement disclosing whether or not the recipient
20of the notice is the owner of the small wireless facility at
21issue.
22b. A statement disclosing that the owner disputes that the
23alleged violation has occurred, if applicable.
24c. A plan for corrective action if the owner does not
25dispute that the violation has occurred.
26d. A statement disclosing whether the violation has been
27corrected, if the owner does not dispute that the violation has
28occurred.
293. The owner of a small wireless facility in alleged
30violation of this chapter or the Iowa electrical safety
31code shall correct the alleged violation within one hundred
32eighty days after receiving notice of the violation unless,
33for good cause shown, a delay for taking corrective action
34is appropriate or if the parties otherwise agree in writing
35to extend the time required to take corrective action. Good
-9-1cause for a delay in corrective action shall include but is
2not limited to a dispute over whether the recipient of the
3notice is the owner of the small wireless facility at issue, a
4dispute over whether the alleged violation has occurred, or if
5taking corrective action within the required time frame is not
6possible due to circumstances which are beyond the control of
7the owner of the small wireless facility. The public utility
8and owner of the small wireless facility shall cooperate in
9determining an efficient and cost-effective solution to correct
10an alleged violation.
114. a. Notwithstanding subsections 1 through 3, in the event
12of an emergency, an authority or public utility shall contact
13the owner of the small wireless facility at issue and provide
14the owner with a reasonable opportunity to alleviate such
15emergency or participate with the authority or public utility
16to make any repairs necessary to alleviate such emergency. If
17the owner of the small wireless facility does not respond in a
18timely manner, the authority or public utility may remove or
19make alterations to the small wireless facility as necessary
20to ensure public safety.
21b. For purposes of this subsection, “emergency” means
22exigent and extraordinary circumstances under which the
23physical or electrical failure of a utility pole, wireless
24support structure, or small wireless facility threatens
25imminent physical harm to persons or there is a substantial
26likelihood of imminent and significant harm to property.
275. If the parties cannot resolve a dispute after following
28the procedures provided in this section, any party may file an
29action concerning an alleged violation under this section in
30the district court for the county in which the violation is
31alleged to have occurred, for any appropriate remedy, including
32the removal of a small wireless facility deemed by the court to
33be in violation of this chapter or the Iowa electrical safety
34code. However, this section shall not preclude a party from
35bringing an action pursuant to the Iowa electrical safety code
-10-1or 47 C.F.R.§1.1401 et seq., or the application of a dispute
2resolution process set forth in an applicable pole attachment
3agreement between the parties.
46. Nothing in this section shall be deemed to limit the
5ability of a public utility and the owner of a small wireless
6facility to voluntarily enter into a pole attachment agreement
7that establishes different terms for the siting of a small
8wireless facility or the resolution of a dispute regarding such
9a facility.
10 Sec. 5. NEW SECTION. 8C.7C Height limitations.
111. A new, replacement, or modified utility pole or wireless
12support structure installed in a public right-of-way located
13within the city limits of an incorporated city for the purpose
14of siting a wireless facility, including a small wireless
15facility under the provisions of this chapter shall not exceed
16the greater of ten feet in height above the tallest utility
17pole existing on or before July 1, 2017, located within five
18hundred feet of the new, replacement, or modified utility pole
19in the same public right-of-way, or forty feet in height above
20ground level. Except as provided in section 8C.7A, subsection
212, paragraph “c”, an authority shall not require a special or
22conditional use permit for the installation of a utility pole
23or wireless support structure that complies with the height
24limitations of this subsection.
252. Notwithstanding subsection 1, a person may construct,
26modify, or maintain a utility pole or wireless support
27structure along, across, and under a public right-of-way
28in excess of the size limits provided in subsection 1, to
29the extent permitted by the authority’s applicable zoning
30regulations.
313. A person shall comply with nondiscriminatory
32undergrounding requirements that prohibit wireless service
33providers from installing structures in a public right-of-way
34without prior zoning approval in areas zoned and used for
35single-family residential use, provided that such requirements
-11-1shall not prohibit the replacement of existing structures.
24. Nothing in this section shall be deemed to limit the
3ability of a public utility to install a utility pole for the
4purposes of electric utility transmission or distribution
5within a public right-of-way subject to an authority’s planning
6and zoning regulations.
7 Sec. 6. Section 8C.9, Code 2017, is amended to read as
8follows:
98C.9 Repeal.
10This chapter is repealed July 1, 2020 2022.
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