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AB234,23,2516 (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.
AB234,24,5
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.
AB234,24,96 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.
AB234,24,1510 (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.
AB234,24,2316 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.
AB234,25,524 (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.
AB234,25,156 (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.
AB234,25,2316 (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.
AB234,26,11 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.
AB234,26,19 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.
AB234,26,24 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.
AB234,27,5
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.
AB234,27,11 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.
AB234,27,1512 (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:
AB234,27,1816 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.
AB234,27,1919 2. Regulate any communications service.
AB234,27,2220 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.
AB234,3 23Section 3 . Nonstatutory provisions.
AB234,27,2424 (1) Rights-of-way study committee.
AB234,28,6
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:
AB234,28,8 71. Procedures for locating and obtaining access to facilities in public
8rights-of-way, resolving disputes, and making appeals.
AB234,28,11 92. Issues regarding compensation, timelines, nondiscrimination, mediation,
10condemnation, remediation, and maintenance that are associated with use of public
11rights-of-way.
AB234,28,1212 (b) The rights-of-way study committee shall consist of the following members:
AB234,28,13 131. The governor or his or her designee.
AB234,28,16 142. 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.
AB234,28,18 173. One senator appointed by the senate minority leader or the appointed
18senator's designee.
AB234,28,21 194. 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.
AB234,28,23 225. One representative to the assembly appointed by the minority leader of the
23assembly or the appointed representative's designee.
AB234,28,25 246. One representative from each of the following appointed jointly by the
25speaker of the assembly and the senate majority leader:
AB234,29,1
1a. The Wisconsin Counties Association.
AB234,29,2 2b. The League of Wisconsin Municipalities.
AB234,29,3 3c. The Wisconsin Towns Association.
AB234,29,4 4d. The Wisconsin State Telecommunications Association.
AB234,29,5 5e. The Wisconsin Cable Communications Association.
AB234,29,6 6f. The Wisconsin Utilities Association.
AB234,29,8 77. Two representatives of the wireless community appointed jointly by the
8speaker of the assembly and the senate majority leader.
AB234,29,12 98. Two representatives of the electric distribution community, one of whom
10represents a for-profit business and one of whom represents a cooperative
11association, appointed jointly by the speaker of the assembly and the senate majority
12leader.
AB234,29,1513 (c) The study committee shall commence no later than June 1, 2020, and
14terminate on the date that it completes its study, or January 1, 2021, whichever
15occurs first.
AB234,4 16Section 4 . Initial applicability.
AB234,29,2017 (1) The treatment of s. 66.0404 (4e) first applies to an application for a building
18permit, or any other kind of permit, to construct a new, or substantially modify an
19existing, mobile service support structure that is filed with a political subdivision on
20the first day of the 4th month beginning after the effective date of this subsection.
AB234,29,2121 (End)
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