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SB239,13,2422 a. A height that is 10 percent taller than the tallest existing utility pole as of
23the effective date of this subd. 2. a. .... [LRB inserts date], that is located within 500
24feet of the new or modified utility pole in the same right-of-way.
SB239,13,2525 b. Fifty feet above ground level.
SB239,14,2
13. The height of a small wireless facility installed, or modified, in a
2right-of-way may not exceed the greater of:
SB239,14,43 a. A height that is 10 percent taller than the existing utility pole or wireless
4support structure on which the small wireless facility is located.
SB239,14,55 b. Fifty feet above ground level.
SB239,14,106 4. A wireless provider may construct, modify, and maintain a utility pole,
7wireless support structure, or small wireless facility along, across, upon, and under
8a right-of-way that exceeds the height limits in this paragraph if the wireless
9provider complies with height limits under the zoning ordinances enacted by a
10political subdivision under s. 59.69, 60.61, 60.62, or 62.23.
SB239,14,1511 5. With regard to the rights of a wireless provider to construct or modify a utility
12pole as described in subd. 1., a political subdivision may propose an alternate location
13for collocation, which the wireless provider shall use if it has the right to use the
14alternate structure on reasonable terms and conditions and the alternate location is
15technically feasible and does not impose material additional costs.
SB239,14,2416 (f) Damage and repair. The state or a political subdivision may require a
17wireless provider to repair all damage that is directly caused by the activities of the
18wireless provider in a right-of-way involving its small wireless facilities or
19structures, and to return the right-of-way to its former condition before it was so
20damaged. If the wireless provider fails to make the required repairs within a
21reasonable amount of time after receiving a written request to do so from the state
22or a political subdivision, the state or political subdivision may make the necessary
23repairs and charge the liable party for the cost of the repairs. This paragraph does
24not prohibit a political subdivision from recovering damages under s. 86.02.
SB239,15,3
1(g) Nondiscrimination. The state and political subdivisions must administer
2and regulate a right-of-way in a competitively neutral manner with regard to all
3users of the right-of-way.
SB239,15,10 4(3) Permitting process. (a) Applicability. This subsection applies to the
5permitting for the collocation of small wireless facilities by a wireless provider within
6and outside a right-of-way and to the permitting for the installation, modification,
7and replacement of associated utility poles by a wireless provider inside a
8right-of-way. Except as provided in this subsection and in subs. (2) and (4), neither
9the state nor a political subdivision may prohibit, regulate, or charge any person for
10the collocation of small wireless facilities.
SB239,15,1811 (b) Zoning. Notwithstanding an ordinance enacted under s. 59.69, 60.61,
1260.62, or 62.23, and except as provided in par. (c) 4. and 5., small wireless facilities
13shall be classified as permitted uses and are not subject to a political subdivision's
14zoning ordinances if they are collocated in a right-of-way or outside a right-of-way
15if the property is not zoned exclusively for single-family residential use. For
16purposes of this paragraph and notwithstanding sub. (1) (u) 3., the volume of a small
17wireless facility does not include preexisting associated wireless equipment on a
18structure outside the right-of-way.
SB239,15,2419 (c) Permits. 1. Subject to subd. 4. and 5., the state or a political subdivision may
20require an application for a permit to collocate a small wireless facility and to
21construct, modify, maintain, or operate a new or replacement utility pole, provided
22such permit is of general applicability and does not apply exclusively to small
23wireless facilities. All of the following apply to such permit applications filed by an
24applicant:
SB239,16,2
1a. Neither the state nor a political subdivision may require an applicant to
2perform services unrelated to the approval sought.
SB239,16,83 b. Neither the state nor a political subdivision may require an applicant that
4is a wireless provider to provide more information in its permit application than such
5a governmental unit requires from a communications service provider that is not a
6wireless provider and that applies for the same type of permit. The state or a political
7subdivision may require the types of information specified in subd. 2. in an
8application.
SB239,16,159 c. The state or a political subdivision shall notify an applicant in writing, within
1010 days of receiving an application, whether it is complete. If an application is
11incomplete, the state or political subdivision shall specify why the application is
12incomplete. The processing deadlines under subd. 1. d., e., and f. restart at zero on
13the date that the applicant submits to the state or a political subdivision an
14application that includes information identified by the state or political subdivision
15to render the application complete.
SB239,16,1916 d. Except as provided in subd. 1. g., if a permit application involves a new or
17replacement utility pole, and the state or a political subdivision fails to approve or
18deny the permit application under this section not later than 90 days after its receipt,
19the applicant may consider its permit application approved.
SB239,16,2420 e. Except as provided in subd. 1. g., if a permit application proposes to collocate
21small wireless facilities on an existing structure and the state or a political
22subdivision fails to approve or deny the permit application under this section not
23later than 60 days after its receipt, the applicant may consider its permit application
24approved.
SB239,17,5
1f. Except as provided in subd. 1. g., if there is any type of construction, building,
2or encroachment permit required by a political subdivision that relates to a permit
3under subd. 1. d. or e., and the political subdivision fails to approve or deny that
4permit application within the specified 60-day or 90-day time frame, the applicant
5may consider its permit application approved.
SB239,17,86 g. The applicant and the state or political subdivision may mutually agree to
7extend the deadline for the state or political subdivision to approve or deny a permit
8application under subd. 1. d., e., or f.
SB239,17,189 h. Subject to subd. 1. i., the state or a political subdivision shall approve a
10permit application unless it does not meet the applicable codes, sub. (2) (e) 1., or the
11standards of an ordinance enacted pursuant to sub. (2) (e) 1. If the permit application
12is denied for any of these reasons, the state or political subdivision shall provide the
13applicant with written documentation explaining the basis for the denial no later
14than the date that the permit application is denied. An applicant may cure the
15deficiencies identified in the documentation and resubmit the permit application no
16later than 30 days after receipt of the documentation without being required to pay
17an additional application fee. The state or a political subdivision shall approve or
18deny the revised permit application not later than 30 days after its receipt.
SB239,17,2219 i. The state or a political subdivision may condition approval of a permit on
20compliance with reasonable and nondiscriminatory relocation, abandonment, or
21bonding requirements that are consistent with state law applicable to other
22occupiers of rights-of-way.
SB239,18,523 j. An applicant may file a consolidated permit application to collocate up to 30
24small wireless facilities, or a greater number if agreed to by a political subdivision,
25provided that all the small wireless facilities in the application consist of

1substantially similar equipment and are to be placed on similar types of structures.
2In rendering a decision on a consolidated permit application, a political subdivision
3may approve a permit for some small wireless facilities and deny a permit for others,
4but the political subdivision may not use the denial of one or more permits as a basis
5to deny permits for all of the small wireless facilities in the application.
SB239,18,116 k. If an applicant's permit application is approved, the applicant shall
7commence the activity authorized by the permit no later than 365 days after its
8receipt and shall pursue work on the activity until completion. Neither the state nor
9a political subdivision may place any time limitation on an applicant that is related
10to the permit. An applicant may request that the state or a political subdivision
11terminate the applicant's permit.
SB239,18,1312 2. The state or a political subdivision may require any of the following types
13of information in an application for a permit specified in subd. 1. (intro.):
SB239,18,1514 a. The applicant's name, address, telephone number, e-mail address, and
15emergency contact information.
SB239,18,1816 b. The names, addresses, telephone numbers, and e-mail addresses of all duly
17authorized representatives and consultants, if any, acting on behalf of the applicant
18with respect to the filing of the application.
SB239,18,2319 c. A general description of the proposed small wireless facility and associated
20utility pole, if applicable. The scope and detail of such description shall be
21appropriate to the nature and character of the work to be performed, with special
22emphasis on those matters likely to be affected or impacted by the physical work
23proposed.
SB239,18,2524 d. Site plans and detailed construction drawings to scale that identify the
25proposed small wireless facility and the proposed use of the right-of-way.
SB239,19,6
1e. To the extent the proposed facility involves collocation on a new utility pole,
2existing utility pole, or existing wireless support structure, a structural report
3performed by a duly licensed engineer evidencing that the utility pole or wireless
4support structure will structurally support the collocation, or that the utility pole or
5wireless support structure may and will be modified to meet structural
6requirements, in accordance with applicable codes.
SB239,19,107 f. If the small wireless facility will be collocated on a utility pole or wireless
8support structure owned by a 3rd party, other than a governmental pole or a utility
9pole for designated services, a certification that the wireless provider has permission
10from the owner to collocate on the utility pole or wireless support structure.
SB239,19,1711 g. Certification by the wireless provider that the small wireless facility will
12comply with relevant federal communications commission regulations concerning 1)
13radio frequency emissions from radio transmitters and 2) unacceptable interference
14with public safety spectrum, including compliance with the abatement and
15resolution procedures for interference with public safety spectrum established by the
16federal communications commission set forth in 47 CFR 22.970 to 22.973 and 47 CFR
1790.672
to 90.675.
SB239,19,2218 h. Certification by the wireless provider that the small wireless facility will not
19materially interfere with any of the following: 1) the safe operation of traffic control
20equipment; 2) sight lines or clear zones for transportation or pedestrians; and 3) the
21federal Americans with Disabilities Act or similar federal or state standards
22regarding pedestrian access or movement.
SB239,19,2423 i. A statement that the small wireless facility shall comply with all applicable
24codes.
SB239,20,2
13. Neither the state nor a political subdivision may institute an express or de
2facto moratorium on any of the following:
SB239,20,33 a. The filing, receiving, or processing of applications.
SB239,20,64 b. The issuance of permits or other approvals, if any, for the collocation of small
5wireless facilities or the installation, modification, or replacement of utility poles to
6support small wireless facilities.
SB239,20,97 4. A political subdivision may adopt aesthetics requirements governing the
8deployment of small wireless facilities and associated antenna equipment and utility
9poles in the right-of-way, subject to the following conditions:
SB239,20,1310 a. The aesthetics requirements must be 1) reasonable in that they are
11technically feasible and reasonably directed to avoiding or remedying unsightly or
12out-of-character deployments; 2) no more burdensome than those applied to other
13types of infrastructure deployments; and 3) objective and published in advance.
SB239,20,1614 b. Any design or concealment measures are not considered a part of the small
15wireless facility for purpose of the size parameters in the definition of a small
16wireless facility under sub. (1) (u).
SB239,20,1917 c. A political subdivision may deny an application for not complying with
18aesthetic requirements only if the denial does not prohibit or have the effect of
19prohibiting the provision of wireless service.
SB239,21,1620 5. A political subdivision may enact an ordinance to prohibit, in a
21nondiscriminatory way, a communications service provider from installing
22structures in the right-of-way of a historic district or an underground district,
23except that the ordinance may not prohibit collocations or the replacement of existing
24structures. In this subdivision, a historic district is an area designated as historic
25by the political subdivision, listed on the national register of historic places in

1Wisconsin, or listed on the state register of historic places. In this subdivision, an
2underground district is an area designated by the political subdivision in which all
3pipes, pipelines, ducts, wires, lines, conduits, or other equipment, which are used for
4the transmission, distribution, or delivery of electrical power, heat, water, gas, sewer,
5or telecommunications equipment, are located underground. A political subdivision
6may require any collocation on or replacement of an existing structure to reasonably
7conform to the design aesthetics of the original structure in a historic or underground
8district. Any design or concealment measures are not considered a part of the small
9wireless facility for purposes of the size restrictions in the definition of “small
10wireless facility” under sub. (1) (u). The requirements of an ordinance enacted under
11this subdivision must be objective, technically feasible, no more burdensome than
12requirements applied to other types of infrastructure deployment, and reasonably
13directed at avoiding or remedying the intangible public harm of unsightly or
14out-of-character deployments. A political subdivision may not apply any
15requirements under an ordinance enacted under this subdivision in a manner that
16results in an effective prohibition of wireless service.
SB239,21,2117 (d) Application fees. 1. Except as provided in subd. 2., the state or a political
18subdivision may only charge an application fee that is reasonable,
19nondiscriminatory, and recovers no more than a governmental unit's direct cost for
20processing an application, except that no application fee may exceed any of the
21following:
SB239,21,2222 a. For an application that includes 5 or fewer small wireless facilities, $500.
SB239,21,2423 b. For an application that includes more than 5 small wireless facilities, $500
24plus $100 for each small wireless facility in excess of 5.
SB239,22,2
1c. One thousand dollars for the installation or replacement of a utility pole
2together with the collocation of an associated small wireless facility.
SB239,22,63 2. Beginning on the effective date of this subdivision .... [LRB inserts date], the
4state or a political subdivision may adjust a fee allowed under subd. 1. by 10 percent
5every 5 years, rounded to the nearest multiple of $5. During each 5-year period, the
6adjustment may be applied incrementally or as a single adjustment.
SB239,22,107 3. If the federal communications commission adjusts its levels for fees that are
8presumptively lawful under 47 USC 253 or 332 (c) (7), the state or a political
9subdivision may adjust any impacted fee under subd. 1. on a pro rata basis,
10consistent with the federal communications commission's action.
SB239,22,1211 (e) Approvals not required. Neither the state nor a political subdivision may
12require applications, permits, fees, or any other approval for any of the following:
SB239,22,1313 1. Routine maintenance.
SB239,22,1914 2. The replacement of a small wireless facility with a small wireless facility that
15is substantially similar to, or the same size or smaller than, the existing small
16wireless facility, except that the governmental unit may require the person seeking
17to replace the small wireless facility to obtain a permit to work within a right-of-way
18to complete such a replacement. For purposes of this subdivision, a small wireless
19facility does not include the structure on which it is collocated.
SB239,22,2220 3. The installation, placement, maintenance, operation, or replacement of
21micro wireless facilities that are strung on cables between existing utility poles in
22compliance with the National Electrical Safety Code.
SB239,23,323 (f) Traffic work permits. Nothing in this section prohibits a political subdivision
24from requiring a work permit for work that will unreasonably affect traffic patterns
25or obstruct vehicular traffic in a right-of-way, provided that such permits are issued

1to any applicant on a nondiscriminatory basis upon terms and conditions that apply
2to the activities of any other person performing work in the right-of-way that
3requires excavation or the closing of sidewalks or traffic lanes.
SB239,23,7 4(4) Collocation of small wireless facilities on governmental poles and
5utility poles for designated services.
(a) A person owning or controlling a
6governmental pole or a utility pole for designated services may not enter into an
7exclusive arrangement with any person for the right to attach to, or use, such poles.
SB239,23,98 (b) The fees or rates charged by the owner of a pole described under par. (a), and
9the terms and conditions for such attachment or use, may not be discriminatory.
SB239,23,1510 (c) The rate a political subdivision may charge a wireless provider to collocate
11a small wireless facility on a utility pole for designated services shall be governed by
12an agreement between the political subdivision and the wireless provider. If there
13is a failure to agree on the rate, the public service commission shall determine the
14compensation pursuant to the procedures in s. 196.04 and the determination shall
15be reviewable under s. 196.41.
SB239,23,2516 (d) 1. The rate an owner of a governmental pole other than a utility pole for
17designated services charges another person to collocate on the owner's pole shall be
18sufficient to recover the actual, direct, and reasonable costs related to the applicant's
19application for, and use of, space on the pole, except that subject to subd. 2., the total
20annual rate for a collocation and any related activities may not exceed the lesser of
21the actual, direct, and reasonable costs related to the collocation or $250 per year per
22small wireless facility. If a dispute arises concerning the appropriateness of a rate
23charged by the state or political subdivision under this subdivision, the
24governmental unit bears the burden of proving that the rate is reasonably related
25to the actual, direct, and reasonable costs incurred by the governmental unit.
SB239,24,5
12. Beginning on the effective date of this subdivision .... [LRB inserts date], the
2owner of a governmental pole other than a utility pole for designated services may
3adjust a rate allowed under subd. 1. by 10 percent every 5 years, rounded to the
4nearest multiple of $5. During each 5-year period, the adjustment may be applied
5incrementally or as a single adjustment.
SB239,24,96 3. If the federal communications commission adjusts its levels for rates that are
7presumptively lawful under 47 USC 253 or 332 (c) (7), the state or a political
8subdivision may adjust any impacted rate under subd. 1. on a pro rata basis,
9consistent with the federal communications commission's action.
SB239,24,1510 (e) 1. Except as provided in subd. 2., by the later of the first day of the 3rd month
11beginning after the effective date of this subdivision .... [LRB inserts date], or 3
12months after receiving its first request to collocate a small wireless facility on a
13governmental pole, other than a utility pole for designated services, the state or a
14political subdivision shall implement rates, fees, and terms for the collocation of
15small wireless facilities on governmental poles that comply with this subsection.
SB239,24,2316 2. Agreements between a wireless provider and the state or a political
17subdivision that are in effect on the effective date of this subdivision .... [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 subdivision
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.
SB239,25,524 (f) 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.
SB239,25,156 (g) With regard to a governmental pole that does not support aerial cables used
7for video, communications, or electric service, the state or political subdivision shall
8provide a good faith estimate for any make-ready work necessary to enable the pole
9to support the requested collocation, including pole replacement if necessary, not
10later than 60 days beginning after receipt of a complete application, except that the
11governmental unit may provide the applicant with access to the governmental pole
12that is necessary for the applicant to make that estimate. Make-ready work,
13including any pole replacement, must be completed within 60 days after the
14applicant's written acceptance of a good faith estimate provided by the governmental
15unit or within 60 days after the applicant makes the estimate.
SB239,25,2316 (h) A person owning or controlling a governmental pole other than a utility pole
17for designated services may not require more make-ready work than required to
18meet applicable codes or industry standards. Fees for make-ready work may not
19include any costs that are related to preexisting conditions, prior damage, or
20noncompliance with currently applicable standards. Fees for make-ready work,
21including any pole replacement, may not exceed actual costs or the amount charged
22to other communications service providers for similar work, and may not include any
23consultant fees or expenses.
SB239,26,11 24(5) Dispute resolution. Except as provided in sub. (4) (c), and notwithstanding
25ss. 182.017 (8) (a) and 196.58 (4) (a), a court of competent jurisdiction shall determine

1all disputes arising under this section. Unless otherwise agreed to by the parties to
2a dispute, and pending resolution of a right-of-way access rate dispute, a political
3subdivision controlling access to and use of a right-of-way shall allow the placement
4of a small wireless facility or utility pole at a temporary rate of one-half of the
5political subdivision's proposed annual rate, or $20, whichever is less. Rates shall
6be reconciled and adjusted upon final resolution of the dispute. Pending the
7resolution of a dispute concerning rates for collocation of small wireless facilities on
8governmental poles or utility poles for designated services, the person owning or
9controlling the pole shall allow the collocating person to collocate on its poles, at
10annual rates of no more than $20 per year per pole, with rates to be reconciled and
11adjusted upon final resolution of the dispute.
SB239,26,19 12(6) Indemnification. A wireless provider shall indemnify and hold harmless
13a political subdivision against any and all liability and loss from personal injury or
14property damage resulting from or arising out of, in whole or in part, the use or
15occupancy of rights-of-way by the wireless provider or its employees, agents, or
16contractors arising out of the rights and privileges granted under this section. A
17wireless provider has no obligation to indemnify or hold harmless against any
18liabilities and losses as may be due to or caused by the sole negligence of the political
19subdivision or its employees or agents.
SB239,26,24 20(7) Federal law; contracts. Nothing in this section adds to, replaces, or
21supersedes federal laws regarding utility poles owned by investor-owned electric
22utilities nor shall this section impose or otherwise affect any rights, controls, or
23contractual obligations investor-owned electric utilities may establish with respect
24to their utility poles.
SB239,27,5
1(8) Private property owners. Nothing in this section is intended to authorize
2a person to place, maintain, modify, operate, or replace a privately owned utility pole
3or wireless support structure or to collocate small wireless facilities on a privately
4owned utility pole, a privately owned wireless support structure, or other private
5property without the consent of the property owner.
SB239,27,11 6(9) Communications services. (a) This section may not be construed or
7interpreted to authorize any entity to provide communications service without
8compliance with all applicable laws or to authorize the collocation, installation,
9placement, operation, or maintenance of any communications facilities, including
10wireline backhaul facilities, other than small wireless facilities and associated
11utility poles.
SB239,27,1512 (b) Except as it relates to small wireless facilities subject to the permit and fee
13requirements established under this section and except as otherwise specifically
14required by federal or state law, a political subdivision may not do any of the
15following:
SB239,27,1816 1. Adopt or enforce any regulation or requirement on the placement or
17operation of communications facilities in rights-of-way by a communications service
18provider authorized under federal, state, or local law to operate in rights-of-way.
SB239,27,1919 2. Regulate any communications service.
SB239,27,2220 3. Impose or collect any tax, fee, or other charge for the provision of additional
21communications services over a communications service provider's communications
22facilities in a right-of-way.
SB239,3 23Section 3 . Nonstatutory provisions.
SB239,27,2424 (1) Rights-of-way study committee.
SB239,28,6
1(a) There is created a rights-of-way study committee to study laws,
2regulations, and ordinances regarding use by private entities of public rights-of way
3in cities, villages, towns, and counties, including private entity access to and
4placement of facilities in public rights-of-way. The study shall examine fees charged
5for such use and consider whether the fees are transparent and nondiscriminatory.
6The study shall include an examination of all of the following:
SB239,28,8 71. Procedures for locating and obtaining access to facilities in public
8rights-of-way, resolving disputes, and making appeals.
SB239,28,11 92. Issues regarding compensation, timelines, nondiscrimination, mediation,
10condemnation, remediation, and maintenance that are associated with use of public
11rights-of-way.
SB239,28,1212 (b) The rights-of-way study committee shall consist of the following members:
SB239,28,13 131. The governor or his or her designee.
SB239,28,16 142. Two senators appointed by the senate majority leader or an appointed
15senator's designee. One member appointed under this subdivision shall serve as
16cochairperson of the committee.
SB239,28,18 173. One senator appointed by the senate minority leader or the appointed
18senator's designee.
SB239,28,21 194. Two representatives to the assembly appointed by the speaker of the
20assembly or an appointed representative's designee. One member appointed under
21this subdivision shall serve as cochairperson of the committee.
SB239,28,23 225. One representative to the assembly appointed by the minority leader of the
23assembly or the appointed representative's designee.
SB239,28,25 246. One representative from each of the following appointed jointly by the
25speaker of the assembly and the senate majority leader:
SB239,29,1
1a. The Wisconsin Counties Association.
SB239,29,2 2b. The League of Wisconsin Municipalities.
SB239,29,3 3c. The Wisconsin Towns Association.
SB239,29,4 4d. The Wisconsin State Telecommunications Association.
SB239,29,5 5e. The Wisconsin Cable Communications Association.
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