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4. Requires the state or political subdivisions to approve permit applications
unless the application does not meet applicable codes, which are defined as state
codes related to electrical wiring, plumbing, and fire prevention; commercial
building codes; uniform dwelling codes; and local amendments to those codes.

5. Prohibits the state and political subdivisions from requiring an applicant to
perform services unrelated to the collocation to which a permit relates, and prohibits
such governmental units from requiring a wireless provider permit applicant to
provide more information in its permit application than the governmental unit
requires of communications service providers for the same type of permit.
6. Requires an applicant whose permit application is approved to commence
the activity authorized by the permit within 365 days after its receipt and requires
the applicant to pursue work on the activity until completion. However, the bill
prohibits the state and political subdivisions from placing any time limit on an
application related to the permit.
7. Prohibits the state and political subdivisions from imposing a moratorium
on filing, receiving, or processing applications, or issuing permits for the collocation
of small wireless facilities.
8. Allows the state and political subdivisions to require a permit application to
collocate wireless facilities and construct and operate utility poles and wireless
facilities and structures with regard to property that, on the effective date of the bill,
is located in historic places or in an area that is used for the underground
transmission or delivery of electrical power, heat, water, gas, sewer, or
telecommunications equipment.
9. Subject to a number of conditions, authorizes the state and political
subdivisions to charge an application fee for permits if an application fee is required
for similar types of permit applications related to other types of commercial
development. Generally, neither the state nor a political subdivision may require
applications, permits, or fees for routine maintenance of wireless facilities; the
replacement of such facilities with substantially similar or smaller facilities; or
installation, maintenance, operation, or replacement of microwireless facilities
strung on cables between existing utility poles or wireless support structures.
Access to governmental structures
With regard to regulating access to governmental structures, the bill does the
following:
1. Defines “governmental pole” as a utility pole that is owned or operated by
the state or a political subdivision in a ROW, and a pole or similar structure owned
or operated by the state or a political subdivision in a ROW that supports only
wireless facilities.
2. Defines “utility pole for designated services” (UPDS) as a utility pole owned
or operated in a ROW by the state or a political subdivision, a utility district, or a
cooperative association.
3. Prohibits a person who owns or controls a governmental pole or UPDS from
entering into an exclusive arrangement with any person for the right to attach to or
use such poles, and prohibits the owner of such poles from imposing fees or charges
for the use of the poles that discriminate based on the type of collocation provided by
the person who contracts to use the poles.
4. Limits the rate an owner of a UPDS may charge to collocate on the pole to
$100 per year per pole.

5. Subject to a number of conditions, limits the rate an owner of a governmental
pole charges another person to collocate on the pole to an amount that is sufficient
to recover the owner's actual, direct, and reasonable costs, subject to the limit
specified in item 4.
6. Provides that if collocation rates charged on the effective date of the bill by
a person who owns or controls a governmental pole or UPDS are inconsistent with
the rates specified in the bill, the pole owner must revise its rates to be in compliance
with the rates specified in the bill, not later than the first day of the seventh month
beginning after the bill takes effect.
7. Provides that a person who owns or controls a governmental pole or UPDS
may not require more make-ready work than required to meet applicable codes or
industry standards, and prohibits fees for make-ready work from including costs
related to preexisting conditions, prior damage, or noncompliance with current
standards. Such fees may not exceed actual costs or the amount charged to other
communications service providers for similar work.
8. Requires the state and political subdivisions to authorize the collocation of
small wireless facilities on wireless support structures and governmental poles that
are not located within ROW to the same extent that the governmental unit permits
access to such structures for other commercial projects or uses.
Local authority, dispute resolution
With regard to the authority of a political subdivision, the bill does the
following:
1. Subject to the limitations contained in the bill, and federal law, authorizes
a political subdivision to exercise zoning, land use, planning, and permitting
authority with respect to wireless support structures and utility poles.
2. In general, prohibits a political subdivision from exercising authority over
the design, engineering, construction, installation, or operation of any small wireless
facility located inside or on the site of any campus, stadium, or athletic facility not
owned or controlled by the political subdivision.
3. Provides a mechanism for political subdivisions to allow the placement of a
wireless facility or wireless support structure at a temporary rate pending the
resolution of a ROW dispute.
Indemnification
In general, the bill requires a wireless provider to indemnify and hold harmless
a political subdivision for any liability and loss from personal injury or property
damage that results from the use or occupancy of ROW by the wireless provider, and
requires a wireless provider to waive any claims it may have against a political
subdivision with respect to damages, however caused, based on the theory of liability.
Contracts
If a person is affected by a contract that is in effect on the effective date of the
bill, and the contract contains provisions inconsistent with provisions in the bill
related to rates and fees for the use of ROW or charges for the use of a governmental
pole or a UPDS, the person may follow the terms of the contract until the contract
expires.

Setback requirements for a mobile service support structure
Generally, under current law, a political subdivision may not impose a setback
requirement for a mobile service support structure. This bill grants a political
subdivision limited authority to impose a setback requirement on the placement of
such a structure with regard to new or substantially modified structures. Under the
bill, a requirement could apply only to a structure that is constructed on land that
is zoned for only single-family residential use. In addition, the setback requirement
must be based on the height of the proposed structure, and the requirement may not
exceed the height of the proposed structure.
Also under the bill, a political subdivision must allow a setback of a proposed
mobile service support structure that is less than the height of the structure if all
property owners of lots zoned for only single-family residential use, located within
a radius of three times the height of the structure, consent to such placement.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB348,1 1Section 1. 66.0404 (4e) of the statutes is created to read:
AB348,5,62 66.0404 (4e) Setback requirements. (a) Notwithstanding sub. (4) (r), and
3subject to the provisions of this subsection, a political subdivision may enact an
4ordinance imposing setback requirements related to the placement of a mobile
5service support structure that applies to new construction or the substantial
6modification of facilities and support structures, as described in sub. (2).
AB348,5,97 (b) A setback requirement may apply only to a mobile service support structure
8that is constructed on a parcel of land that is subject to a zoning ordinance that
9permits only single-family residential use on that parcel.
AB348,5,1210 (c) A setback requirement may create a setback only from the lot line of a parcel
11that is zoned for only single-family residential use or for which only single-family
12residential use is a permitted use.
AB348,6,4
1(d) A setback requirement must be based on the height of the proposed mobile
2service support structure, and the setback requirement may not be a distance that
3is greater than the height of the proposed structure and, subject to par. (e), may be
4a distance that is less than the height of the proposed structure.
AB348,6,95 (e) A political subdivision shall allow a setback of a proposed mobile service
6support structure that is less than the height of the proposed structure if all property
7owners of lots that are zoned for only single-family residential use, that are located
8within a radius of 3 times the height of the proposed structure, consent in writing to
9such placement of the proposed structure.
AB348,2 10Section 2. 66.0414 of the statutes is created to read:
AB348,6,11 1166.0414 Small wireless facilities. (1) Definitions. In this section:
AB348,6,1312 (a) “Antenna” means communications equipment that transmits and receives
13electromagnetic radio signals and is used in the provision of wireless services.
AB348,6,1914 (b) “Applicable codes” means the state electrical wiring code, as defined in s.
15101.80 (4), the state plumbing code specified in s. 145.13, the fire prevention code
16under ch. SPS 314, Wis. adm. code, the Wisconsin commercial building code under
17chs. SPS 361 to 366, the Wisconsin uniform dwelling code under chs. SPS 320 to 325,
18and local amendments to those codes enacted solely to address imminent threats of
19destruction of property or injury to persons.
AB348,6,2020 (c) “Applicant” means a wireless provider that submits an application.
AB348,6,2321 (d) “Application” means an application for a permit under this section to
22collocate a small wireless facility or to install or modify a utility pole or wireless
23support structure.
AB348,7,3
1(e) “Collocate” or “collocation” means the placement, mounting, replacement,
2modification, operation, or maintenance of a wireless facility on or adjacent to a
3wireless support structure or utility pole.
AB348,7,64 (f) “Communications service provider” means a cable operator, as defined in 47
5USC 522
(5); a provider of information service, as defined in 47 USC 153 (24); a
6telecommunications carrier, as defined in 47 USC 153 (51); or a wireless provider.
AB348,7,77 (g) “Fee” means a one-time charge.
AB348,7,118 (h) “Governmental pole” means a utility pole that is owned or operated by the
9state or by a political subdivision in a right-of-way, and a pole or similar structure
10owned or operated by the state or a political subdivision in a right-of-way that
11supports only wireless facilities.
AB348,7,1512 (i) “Investor-owned electric utility” means a public utility whose purpose is the
13generation, transmission, delivery, or furnishing of electric power but does not
14include a public utility owned and operated wholly by a municipality or a cooperative
15association organized under ch. 185.
AB348,7,1816 (j) “Microwireless facility” means a small wireless facility that does not exceed
1724 inches in length, 15 inches in width, and 12 inches in height and that has no
18exterior antenna longer than 11 inches.
AB348,7,2019 (k) “Permit” means written authorization required by the state or a political
20subdivision to perform an action, or initiate, continue, or complete a project.
AB348,7,2121 (L) “Political subdivision” means any city, village, town, or county.
AB348,7,2222 (m) “Rate” means a recurring charge.
AB348,8,223 (n) “Right-of-way” means the area on, below, or above a highway, as defined
24in s. 340.01 (22), other than a federal interstate highway; sidewalk; utility easement;

1or other similar property, including property owned or controlled by the department
2of transportation.
AB348,8,43 (o) “Small wireless facility” means a wireless facility to which all of the
4following apply:
AB348,8,75 1. Each antenna is located inside an enclosure of no more than 6 cubic feet or,
6in the case of an antenna that has exposed elements, the antenna and all of its
7exposed elements could fit within an enclosure of no more than 6 cubic feet.
AB348,8,138 2. All other wireless equipment associated with the facility is cumulatively no
9more than 28 cubic feet, except that when calculating the allowable volume for
10purposes of this subdivision, an electric meter, concealment elements, a
11telecommunications demarcation box, a ground-based enclosure, a power transfer
12switch, and vertical cable runs for the connection of power and other services may
13not be included.
AB348,8,1814 (p) “Utility pole” means a structure that is used in whole or in part by a
15communications service provider or for electric distribution, lighting, traffic control,
16signage, or a similar function but does not include a structure that supports only a
17wireless facility. “Utility pole” does not include poles owned or operated by an
18investor-owned electric utility.
AB348,8,2419 (q) “Utility pole for designated services” means a utility pole owned or operated
20in a right-of-way by the state or a political subdivision, a utility district, a
21cooperative association organized under ch. 185 for purposes of producing or
22furnishing electricity to its members only that is designed to, or used to, carry electric
23distribution lines, or cables or wires for telecommunications, cable, or electric
24service.
AB348,9,5
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:
AB348,9,66 1. A wireline backhaul facility.
AB348,9,97 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.
AB348,9,1210 (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.
AB348,9,1413 (t) “Wireless provider” means a wireless infrastructure provider or a wireless
14services provider.
AB348,9,1715 (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.
AB348,9,1918 (v) “Wireless services provider” means any person who provides wireless
19services.
AB348,9,2220 (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.
AB348,9,2423 (x) “Wireline backhaul facility” means a facility for providing wireline backhaul
24service.
AB348,10,2
1(y) “Wireline backhaul service” means the transport of communications
2services by wire from wireless facilities to a network.
AB348,10,4 3(2) Rights-of-way. (a) Applicability. This subsection applies only to the
4activities of a wireless provider within a right-of-way.
AB348,10,85 (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
7or the construction, operation, marketing, or maintenance of wireless facilities,
8wireless support structures, or the collocation of small wireless facilities.
AB348,10,159 (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:
AB348,10,1716 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.
AB348,10,1918 2. The fee or rate must be competitively neutral with regard to other users of
19the right-of-way.
AB348,10,2220 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.
AB348,10,2423 4. The fee or rate may not be in the form of a franchise or other fee based on
24revenue or customer counts.
AB348,11,4
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.
AB348,11,105 (d) Rate or fee adjustment. If the state or a political subdivision charges a
6wireless provider a fee or rate for the use of a right-of-way on the effective date of
7this paragraph .... [LRB inserts date], that is inconsistent with par. (c), the state or
8political subdivision shall revise its fee or rate to be in compliance with par. (c) not
9later than the first day of the 7th month beginning after the effective date of this
10paragraph .... [LRB inserts date].
AB348,11,2011 (e) Right of access. 1. Except as otherwise provided in this subsection and subs.
12(3) (c) 4. and (4), and notwithstanding any zoning ordinance enacted by a political
13subdivision under s. 59.69, 60.61, or 62.23, a wireless provider shall have the right
14to collocate wireless facilities and construct, modify, maintain, and operate utility
15poles, wireless support structures, conduit, cable, and related appurtenances and
16facilities along, across, upon, and under a right-of-way. Such facilities and
17structures may not obstruct or hinder travel or public safety on or around the
18right-of-way, or obstruct the legal use of the right-of-way by other communications
19providers, public utilities, or cooperative associations organized under ch. 185 for the
20purpose of producing or furnishing heat, light, power, or water to their members only.
AB348,11,2221 2. Except as provided in subd. 4., the height of a utility pole or wireless support
22structure installed, or modified, in a right-of-way may not exceed the greater of:
AB348,11,2523 a. Ten feet above the tallest existing utility pole that is in place on the effective
24date of this subd. 2. a. .... [LRB inserts date], and that is located within 500 feet of
25the new or modified pole or structure in the same right-of-way.
AB348,12,1
1b. Fifty feet above ground level.
AB348,12,32 3. The height of a wireless facility installed, or modified, in a right-of-way may
3not exceed the greater of:
AB348,12,54 a. Ten feet above the tallest existing utility pole or wireless support structure
5that is in place on the effective date of this subd. 3. a. .... [LRB inserts date].
AB348,12,66 b. The maximum height described in subd. 2. b.
AB348,12,117 4. A wireless provider may construct, modify, and maintain a utility pole,
8wireless support structure, or wireless facility along, across, upon, and under a
9right-of-way that exceeds the height limits in this paragraph if the wireless provider
10complies with height limits under the zoning ordinances enacted by a political
11subdivision under s. 59.69, 60.61, or 62.23.
AB348,12,1812 5. With regard to the rights of a wireless provider to construct wireless facilities
13or modify utility poles, wireless support structures, conduit, cable, and related
14appurtenances and facilities as described in subd. 1., a political subdivision may
15propose an alternate location within 50 feet of the proposed location, which the
16wireless provider shall use if it has the right to use the alternate structure on
17reasonable terms and conditions and the alternate location does not impose technical
18limits or additional costs, as determined by the wireless provider.
AB348,13,219 (f) Damage and repair. The state or a political subdivision may require a
20wireless provider to repair all damage that is directly caused by the activities of the
21wireless provider in a right-of-way involving its wireless facilities, wireless support
22structures, or utility poles, and to return the right-of-way to its former condition
23before it was so damaged. If the wireless provider fails to make the required repairs
24within a reasonable amount of time after receiving a written request to do so from

1the state or a political subdivision, the state or political subdivision may make the
2necessary repairs and charge the liable party for the cost of the repairs.
AB348,13,53 (g) Nondiscrimination. The state and political subdivisions must administer
4and regulate a right-of-way in a competitively neutral manner with regard to all
5users of the right-of-way.
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