Wisconsin Legislature: AB348-engrossed,10,19

AB348-engrossed,7,64 (e) “Collocate” or “collocation” means the placement, mounting, replacement,
5modification, operation, or maintenance of a wireless facility on or adjacent to a
6wireless support structure or utility pole.

AB348-engrossed,7,97 (f) “Communications service provider” means a cable operator, as defined in 47
8USC 522 (5); a provider of information service, as defined in 47 USC 153 (24); a
9telecommunications carrier, as defined in 47 USC 153 (51); or a wireless provider.

AB348-engrossed,7,1010 (g) “Fee” means a one-time charge.

AB348-engrossed,7,1411 (h) “Governmental pole” means a utility pole that is owned or operated by the
12state or by a political subdivision in a right-of-way, and a pole or similar structure
13owned or operated by the state or a political subdivision in a right-of-way that
14supports only wireless facilities.

AB348-engrossed,7,1815 (i) “Investor-owned electric utility” means a public utility whose purpose is the
16generation, transmission, delivery, or furnishing of electric power but does not
17include a public utility owned and operated wholly by a municipality or a cooperative
18association organized under ch. 185.

AB348-engrossed,7,2119 (j) “Microwireless facility” means a small wireless facility that does not exceed
2024 inches in length, 15 inches in width, and 12 inches in height and that has no
21exterior antenna longer than 11 inches.

AB348-engrossed,7,2322 (k) “Permit” means written authorization required by the state or a political
23subdivision to perform an action, or initiate, continue, or complete a project.

AB348-engrossed,7,2424 (L) “Political subdivision” means any city, village, town, or county.

AB348-engrossed,7,2525 (m) “Rate” means a recurring charge.

AB348-engrossed,8,6

1(n) “Right-of-way” means the area on, below, or above a highway, as defined
2in s. 340.01 (22), other than a federal interstate highway; sidewalk; utility easement,
3other than a utility easement for a cooperative association organized under ch. 185
4for purposes of providing or furnishing heat, light, power, or water to its members
5only; or other similar property, including property owned or controlled by the
6department of transportation.

AB348-engrossed,8,87 (o) “Small wireless facility” means a wireless facility to which all of the
8following apply:

AB348-engrossed,8,119 1. Each antenna is located inside an enclosure of no more than 6 cubic feet or,
10in the case of an antenna that has exposed elements, the antenna and all of its
11exposed elements could fit within an enclosure of no more than 6 cubic feet.

AB348-engrossed,8,1712 2. All other wireless equipment associated with the facility is cumulatively no
13more than 28 cubic feet, except that when calculating the allowable volume for
14purposes of this subdivision, an electric meter, concealment elements, a
15telecommunications demarcation box, a ground-based enclosure, a power transfer
16switch, and vertical cable runs for the connection of power and other services may
17not be included.

AB348-engrossed,8,2118 (p) “Utility pole” means a structure that is used in whole or in part by a
19communications service provider or for electric distribution, lighting, traffic control,
20signage, or a similar function but does not include a structure that supports only a
21wireless facility.

AB348-engrossed,8,2522 (q) “Utility pole for designated services” means a utility pole owned or operated
23in a right-of-way by the state, a political subdivision, or a utility district that is
24designed to, or used to, carry electric distribution lines, or cables or wires for
25telecommunications, cable, or electric service.

AB348-engrossed,9,5

1(r) “Wireless facility” means equipment at a fixed location that enables wireless
2service between user equipment and a wireless network, not including the structure
3or improvements on, under, or within which the equipment is collocated. “ Wireless
4facility” includes a small wireless facility. “Wireless facility” does not include any of
5the following:

AB348-engrossed,9,66 1. A wireline backhaul facility.

AB348-engrossed,9,97 2. Coaxial or fiber-optic cable between utility poles or wireless support
8structures or otherwise not immediately adjacent to or directly associated with a
9particular antenna.

AB348-engrossed,9,1210 (s) “Wireless infrastructure provider” means any person, other than a wireless
11services provider, that builds or installs wireless communication transmission
12equipment, wireless facilities, or wireless support structures.

AB348-engrossed,9,1413 (t) “Wireless provider” means a wireless infrastructure provider or a wireless
14services provider.

AB348-engrossed,9,1715 (u) “Wireless services” means any service using licensed or unlicensed wireless
16spectrum, including the use of a Wi-Fi network, whether at a fixed location or by
17means of a mobile device, that is provided using wireless facilities.

AB348-engrossed,9,1918 (v) “Wireless services provider” means any person who provides wireless
19services.

AB348-engrossed,9,2220 (w) “Wireless support structure” means an existing pole or other freestanding
21structure, other than a utility pole, that is designed to support, or capable of
22supporting, wireless facilities.

AB348-engrossed,9,2423 (x) “Wireline backhaul facility” means a facility for providing wireline backhaul
24service.

AB348-engrossed,10,2

1(y) “Wireline backhaul service” means the transport of communications
2services by wire from wireless facilities to a network.

AB348-engrossed,10,4 3(2) Rights-of-way. (a) Applicability. This subsection applies only to the
4activities of a wireless provider within a right-of-way.

AB348-engrossed,10,85 (b) Exclusive use prohibited. Neither the state nor a political subdivision may
6enter into an exclusive arrangement with any person for the use of a right-of-way
7for the construction, operation, marketing, or maintenance of wireless facilities,
8wireless support structures, or for the collocation of small wireless facilities.

AB348-engrossed,10,159 (c) Rates and fees. The state or a political subdivision may charge a wireless
10provider a rate or fee for the use a right-of-way with respect to the construction or
11collocation of a wireless facility or wireless support structure in the right-of-way
12only if the state or political subdivision charges other communications service
13providers or utilities for the use of the right-of-way. If the state or a political
14subdivision charges a wireless provider a rate or fee as described in this paragraph,
15all of the following apply:

AB348-engrossed,10,1716 1. Subject to subd. 5., the fee or rate must be limited to no more than the direct
17and actual cost of managing the right-of-way.

AB348-engrossed,10,1918 2. Except as provided in par. (d), the fee or rate must be competitively neutral
19with regard to other users of the right-of-way.

AB348-engrossed,10,2220 3. The fee or rate may not result in a double recovery by the state or political
21subdivision if existing fees, rates, or taxes already recover the direct and actual cost
22of managing the right-of-way.

AB348-engrossed,10,2423 4. The fee or rate may not be in the form of a franchise or other fee based on
24revenue or customer counts.

AB348-engrossed,11,4

15. The fee or rate may not exceed an annual amount equal to $20 multiplied
2by the number of utility poles or wireless support structures in the state's or political
3subdivision's geographic jurisdiction on which the wireless provider has collocated
4a small wireless facility antenna.

AB348-engrossed,11,105 (d) Rate or fee adjustment. 1. Except as provided in subd. 2., by the later of the
6first day of the 7th month beginning after the effective date of this subdivision ....
7[LRB inserts date], or 3 months after receiving its first request for access to the
8right-of-way by a wireless provider, the state or a political subdivision shall make
9available, through ordinance or otherwise, rates, fees, and terms for such access that
10comply with this subsection.

AB348-engrossed,11,1711 2. Agreements between a wireless provider and the state or a political
12subdivision that are in effect on the effective date of this subdivision .... [LRB inserts
13date], and that relate to access to the right-of-way, remain in effect, subject to
14applicable termination provisions, except that by the first day of the 25th month
15beginning after the effective date of this subdivision .... [LRB inserts date], the state
16or political subdivision shall amend any such agreement to comply with the rates,
17fees, and terms required under this subsection.

AB348-engrossed,12,418 (e) Right of access. 1. Except as otherwise provided in this subsection and subs.
19(3) (c) 4. and (4), and notwithstanding ss. 182.017 and 196.58 and any zoning
20ordinance enacted by a political subdivision under s. 59.69, 60.61, or 62.23, a wireless
21provider shall have the right to collocate wireless facilities and construct, modify,
22maintain, and operate utility poles, wireless support structures, conduit, cable, and
23related appurtenances and facilities along, across, upon, and under a right-of-way.
24Such facilities and structures may not obstruct or hinder travel, drainage,
25maintenance, or the public health, safety, and general welfare on or around the

1right-of-way, or obstruct the legal use of the right-of-way for other communications
2providers, public utilities, cooperative associations organized under ch. 185 for the
3purpose of producing or furnishing heat, light, power, or water to their members only,
4or pipes or pipelines transmitting liquid manure.

AB348-engrossed,12,65 2. Except as provided in subd. 4., the height of a utility pole or wireless support
6structure installed, or modified, in a right-of-way may not exceed the greater of:

AB348-engrossed,12,97 a. Ten feet above the tallest existing utility pole that is in place on the effective
8date of this subd. 2. a. .... [LRB inserts date], and that is located within 500 feet of
9the new or modified pole or structure in the same right-of-way.

AB348-engrossed,12,1010 b. Fifty feet above ground level.

AB348-engrossed,12,1211 3. The height of a wireless facility installed, or modified, in a right-of-way may
12not exceed the greater of:

AB348-engrossed,12,1513 a. Ten feet above the tallest existing utility pole or wireless support structure
14that is in place on the effective date of this subd. 3. a. .... [LRB inserts date], and that
15is located in the same right-of-way.

AB348-engrossed,12,1616 b. The maximum height described in subd. 2. b.

AB348-engrossed,12,2117 4. A wireless provider may construct, modify, and maintain a utility pole,
18wireless support structure, or wireless facility along, across, upon, and under a
19right-of-way that exceeds the height limits in this paragraph if the wireless provider
20complies with height limits under the zoning ordinances enacted by a political
21subdivision under s. 59.69, 60.61, or 62.23.

AB348-engrossed,13,322 5. With regard to the rights of a wireless provider to construct wireless facilities
23or modify utility poles, wireless support structures, conduit, cable, and related
24appurtenances and facilities as described in subd. 1., a political subdivision may
25propose an alternate location within 50 feet of the proposed location, which the

1wireless provider shall use if it has the right to use the alternate structure on
2reasonable terms and conditions and the alternate location does not impose technical
3limits or additional costs, as determined by the wireless provider.

AB348-engrossed,13,114 (f) Damage and repair. The state or a political subdivision may require a
5wireless provider to repair all damage that is directly caused by the activities of the
6wireless provider in a right-of-way involving its wireless facilities, wireless support
7structures, or utility poles, and to return the right-of-way to its former condition
8before it was so damaged. If the wireless provider fails to make the required repairs
9within a reasonable amount of time after receiving a written request to do so from
10the state or a political subdivision, the state or political subdivision may make the
11necessary repairs and charge the liable party for the cost of the repairs.

AB348-engrossed,13,1412 (g) Nondiscrimination. The state and political subdivisions must administer
13and regulate a right-of-way in a competitively neutral manner with regard to all
14users of the right-of-way.

AB348-engrossed,13,19 15(3) Collocation of small wireless facilities. (a) Applicability. This
16subsection applies to the activities of a wireless provider both within and outside a
17right-of-way. Except as provided in this subsection and in subs. (2) and (4), neither
18the state nor a political subdivision may prohibit, regulate, or charge any person for
19the collocation of small wireless facilities.

AB348-engrossed,13,2420 (b) Zoning. Notwithstanding an ordinance enacted under s. 59.69, 60.61, or
2162.23, and except as provided in par. (c) 4., small wireless facilities shall be classified
22as permitted uses and are not subject to a political subdivision's zoning ordinances
23if they are collocated in a right-of-way or outside a right-of-way if the property is
24not zoned exclusively for single-family residential use.

AB348-engrossed,14,6

1(c) Permits. 1. Subject to subd. 3., the state or a political subdivision may
2require an application for a permit to collocate a small wireless facility and to
3construct, modify, maintain, or operate a new or replacement utility pole or wireless
4support structure, provided such permit is of general applicability and does not apply
5exclusively to wireless facilities. All of the following apply to such permit
6applications filed by an applicant:

AB348-engrossed,14,87 a. Neither the state nor a political subdivision may require an applicant to
8perform services unrelated to the collocation for which approval is sought.

AB348-engrossed,14,129 b. Neither the state nor a political subdivision may require an applicant that
10is a wireless provider to provide more information in its permit application than such
11a governmental unit requires from a communications service provider that is not a
12wireless provider and that applies for the same type of permit.

AB348-engrossed,14,1513 c. The state or a political subdivision shall notify an applicant in writing, within
1410 days of receiving the application, whether it is complete. If it is incomplete, the
15state or political subdivision shall specify why the application is incomplete.

AB348-engrossed,14,1916 d. If a permit application involves a new utility pole or wireless support
17structure, and the state or a political subdivision fails to approve or deny the permit
18application under this section not later than 90 days after its receipt, the applicant
19may consider its permit application approved.

AB348-engrossed,14,2420 e. If a permit application proposes to collocate wireless facilities to an existing
21utility pole or wireless support structure, or replace an existing utility pole or
22wireless support structure, and the state or a political subdivision fails to approve
23or deny the permit application under this section not later than 60 days after its
24receipt, the applicant may consider its permit application approved.

AB348-engrossed,15,5

1f. If there is any type of construction, building, or encroachment permit
2required by a political subdivision that relates to a permit under subd. 1. d. or e., and
3the political subdivision fails to approve or deny that permit application within the
4specified 60-day or 90-day time frame, the applicant may consider its permit
5application approved.

AB348-engrossed,15,146 g. The state or a political subdivision shall approve a permit application unless
7it does not meet the applicable codes. If the permit application is denied for this
8reason, the state or political subdivision shall provide the applicant with written
9documentation explaining the basis for the denial no later than the date that the
10permit application is denied. An applicant may cure the deficiencies identified in the
11documentation and resubmit the permit application no later than 30 days after
12receipt of the documentation without being required to pay an additional application
13fee. The state or a political subdivision shall approve or deny the revised permit
14application not later than 30 days after its receipt.

AB348-engrossed,15,2315 h. An applicant may file a consolidated permit application to collocate up to 30
16small wireless facilities, or a greater number if agreed to by a political subdivision,
17provided that all the small wireless facilities in the application consist of
18substantially similar equipment and are to be placed on similar types of wireless
19support structures. In rendering a decision on a consolidated permit application, a
20political subdivision may approve a permit for some small wireless facilities and
21deny a permit for others, but the political subdivision may not use the denial of one
22or more permits as a basis to deny permits for all of the small wireless facilities in
23the application.

AB348-engrossed,16,424 i. If an applicant's permit application is approved, the applicant shall
25commence the activity authorized by the permit no later than 365 days after its

1receipt and shall pursue work on the activity until completion. Neither the state nor
2a political subdivision may place any time limitation on an applicant that is related
3to the permit. An applicant may request that the state or a political subdivision
4terminate the applicant's permit.

AB348-engrossed,16,65 2. Neither the state nor a political subdivision may institute a moratorium on
6any of the following:

AB348-engrossed,16,77 a. The filing, receiving, or processing of applications.

AB348-engrossed,16,98 b. The issuance of permits or other approvals for the collocation of small
9wireless facilities.

AB348-engrossed,16,1310 3. An approval under this section authorizes only the installation, placement,
11maintenance, or operation of a small wireless facility to provide wireless service and
12does not authorize the provision of any other service or the installation, placement,
13maintenance, or operation of wireline backhaul service in a right-of-way.

AB348-engrossed,16,2514 4. A political subdivision may enact an ordinance to prohibit, in a
15nondiscriminatory way, a communications service provider from installing
16structures in the right-of-way of a historic district or an underground district,
17except that the ordinance may not prohibit collocations or the replacement of existing
18structures. In this subdivision, a historic district is an area designated as historic
19by the political subdivision, listed on the national register of historic places in
20Wisconsin, or listed on the state register of historic places. In this subdivision, an
21underground district is an area designated by the political subdivision in which any
22pipe, pipeline, duct, wire, line, conduit, or other equipment, which is used for the
23transmission, distribution, or delivery of electrical power, heat, water, gas, sewer, or
24telecommunications equipment, is located underground. This subdivision applies
25only to ordinances enacted on or before January 1, 2014.

AB348-engrossed,17,6

1(d) Application fees. 1. The state or a political subdivision may charge an
2application fee only if an application fee is required for similar types of permit
3applications related to other types of commercial development within the
4governmental unit's jurisdiction. Such a fee may be imposed only for the actual,
5direct, and reasonable costs incurred by the governmental unit that relate to the
6processing and granting of the permit.

AB348-engrossed,17,77 2. An application fee may not include any of the following:

AB348-engrossed,17,88 a. Travel expenses incurred by a 3rd party in its review of an application.

AB348-engrossed,17,109 b. A direct payment or reimbursement of 3rd-party rates or fees charged on a
10contingency basis or a result-based arrangement.

AB348-engrossed,17,1311 3. If a dispute arises concerning the appropriateness of an application fee, the
12state or political subdivision bears the burden of proving that the fee is reasonably
13related to the actual, direct, and reasonable costs incurred by the governmental unit.

AB348-engrossed,17,1514 4. Notwithstanding subds. 1. to 3., an application fee may not exceed the lesser
15of the following:

AB348-engrossed,17,1716 a. A building permit issued by the state or a political subdivision for any similar
17commercial construction, activity, or land use development.

AB348-engrossed,17,2018 b. One hundred dollars each for up to 5 small wireless facilities that are
19specified in the permit application, and $50 for each additional small wireless facility
20that is specified in the permit application.

AB348-engrossed,17,2221 (e) Approvals not required. Neither the state nor a political subdivision may
22require applications, permits, or fees for any of the following:

AB348-engrossed,17,2323 1. Routine maintenance.

AB348-engrossed,18,324 2. The replacement of a wireless facility with a wireless facility that is
25substantially similar to, or the same size or smaller than, the existing wireless

1facility, except that the governmental unit may require the person seeking to replace
2the wireless facility to obtain a permit to work within a right-of-way to complete
3such a replacement.

AB348-engrossed,18,64 3. The installation, placement, maintenance, operation, or replacement of
5microwireless facilities that are strung on cables between existing utility poles or
6wireless support structures in compliance with applicable codes.

AB348-engrossed,18,97 (f) Traffic work permits. Nothing in this section prohibits a political subdivision
8from requiring a work permit for work that will unreasonably affect traffic patterns
9or obstruct vehicular traffic in a right-of-way.

AB348-engrossed,18,14 10(4) Access to governmental structures. (a) Collocation of small wireless
11facilities on governmental poles and utility poles for designated services. 1. A person
12owning or controlling a governmental pole or a utility pole for designated services
13may not enter into an exclusive arrangement with any person for the right to attach
14to, or use, such poles.

AB348-engrossed,18,1715 2. The fees or rates charged by the owner of a pole described under subd. 1. may
16not be discriminatory, without regard to the type of collocation provided by the person
17who contracts to use such a pole.

AB348-engrossed,18,2318 3. The rate a political subdivision may charge a wireless provider to collocate
19a small wireless facility on a utility pole for designated services owned or operated
20by the political subdivision shall be governed by an agreement between the political
21subdivision and the wireless provider. If there is a failure to agree on the rate, the
22public service commission shall determine the compensation pursuant to the
23procedures in s. 196.04 and the determination shall be reviewable under s. 196.41.

AB348-engrossed,19,824 4. The rate an owner of a governmental pole other than a utility pole for
25designated services charges another person to collocate on the owner's pole shall be

1sufficient to recover the actual, direct, and reasonable costs related to the applicant's
2application for, and use of, space on the pole, except that the total annual rate for a
3collocation and any related activities may not exceed the lesser of the actual, direct,
4and reasonable costs related to the collocation or $100 per year per pole. If a dispute
5arises concerning the appropriateness of a rate charged by the state or political
6subdivision under this subdivision, the governmental unit bears the burden of
7proving that the fee is reasonably related to the actual, direct, and reasonable costs
8incurred by the governmental unit.

AB348-engrossed,19,159 5. a. Except as provided in subd. 5. b., by the later of the first day of the 7th
10month beginning after the effective date of this subd. 5. a. .... [LRB inserts date], or
113 months after receiving its first request to collocate a small wireless facility on a
12governmental pole, other than a utility pole for designated services, the state or a
13political subdivision shall make available, through ordinance or otherwise, rates,
14fees, and terms for the collocation of small wireless facilities on governmental poles
15that comply with this subsection.

AB348-engrossed,19,2316 b. Agreements between a wireless provider and the state or a political
17subdivision that are in effect on the effective date of this subd. 5. b. .... [LRB inserts
18date], and that relate to the collocation of small wireless facilities in the
19right-of-way, including the collocation of small wireless facilities on governmental
20poles, remain in effect, subject to applicable termination provisions, except that by
21the first day of the 25th month beginning after the effective date of this subd. 5. b.
22.... [LRB inserts date], the state or political subdivision shall amend any such
23agreement to comply with the rates, fees, and terms required under this subsection.

AB348-engrossed,20,524 6. With regard to a governmental pole that supports aerial cables used for
25video, communications, or electric service, and with regard to utility poles for

1designated services, the parties shall comply with the process for make-ready work
2under 47 USC 224 and its implementing regulations, including 47 CFR 1.1420 and
31.1422. The good faith estimate of the person owning or controlling such poles for
4any make-ready work necessary to enable the pole to support the requested
5collocation must include pole replacement if necessary.

AB348-engrossed,20,126 7. With regard to a governmental pole that does not support aerial cables used
7for video, communications, or electric service, the governmental unit shall provide
8a good faith estimate for any make-ready work necessary to enable the pole to
9support the requested collocation, including pole replacement if necessary, not later
10than 60 days beginning after receipt of a complete application. Make-ready work,
11including any pole replacement, must be completed within 60 days of written
12acceptance of the good faith estimate by the applicant.

AB348-engrossed,20,2013 8. A person owning or controlling a governmental pole other than a utility pole
14for designated services may not require more make-ready work than required to
15meet applicable codes or industry standards. Fees for make-ready work may not
16include any costs that are related to preexisting conditions, prior damage, or
17noncompliance with currently applicable standards. Fees for make-ready work,
18including any pole replacement, may not exceed actual costs or the amount charged
19to other communications service providers for similar work, and may not include any
20consultant fees or expenses.

AB348-engrossed,21,321 (b) Collocation on governmental wireless support structures and utility poles
22outside the right-of-way. The state or a political subdivision shall authorize the
23collocation of small wireless facilities on wireless support structures and utility poles
24owned or operated by a governmental unit that are not located within the
25right-of-way to the same extent that the governmental unit permits access to such

1structures for other commercial projects or uses. Such collocations are subject to sub.
2(3) (c) 4. and to reasonable and nondiscriminatory rates, fees, and terms as are
3provided in an agreement between the governmental unit and a wireless provider.

AB348-engrossed,21,7 4(5) Local authority. (a) Subject to the provisions of this section, ss. 182.017
5and 196.58, and applicable federal law, and except as provided under par. (b), a
6political subdivision may exercise zoning, land use, planning, and permitting
7authority with respect to wireless support structures and utility poles.

AB348-engrossed,21,128 (b) A political subdivision may not exercise any authority over the design,
9engineering, construction, installation, or operation of any small wireless facility
10located in an interior structure or upon the site of any campus, stadium, or athletic
11facility that is not owned or controlled by the political subdivision, other than to
12comply with applicable codes.

AB348-engrossed,21,1513 (c) 1. In this paragraph, “affiliate” means a person that directly, or indirectly
14through one or more intermediaries, controls, or is controlled by, or is under common
15control with, another person.