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Please see http://docs.legis.wisconsin.gov for the production version.
SB239,8,77 (s) “Rate” means a recurring charge.
SB239,8,138 (t) “Right-of-way” means the area on, below, or above a highway, as defined in
9s. 340.01 (22), other than a federal interstate highway; sidewalk; utility easement,
10other than a utility easement for a cooperative association organized under ch. 185
11for purposes of providing or furnishing heat, light, power, or water to its members
12only; or other similar property, including property owned or controlled by the
13department of transportation.
SB239,8,1514 (u) “Small wireless facility” means a wireless facility to which all of the
15following apply:
SB239,8,1616 1. The wireless facility satisfies any of the following:
SB239,8,1817 a. The wireless facility is mounted on a structure 50 feet or less in height
18including any antenna.
SB239,8,2019 b. The wireless facility is mounted on a structure no more than 10 percent taller
20than any other adjacent structure.
SB239,8,2321 c. The wireless facility does not increase the height of an existing structure on
22which the wireless facility is located to a height of more than 50 feet or by 10 percent,
23whichever is greater.
SB239,8,2524 2. Each antenna associated with the deployment of the wireless facility,
25excluding associated antenna equipment, is no more than 3 cubic feet in volume.
SB239,9,4
13. All other wireless equipment associated with the wireless facility specified
2in subd. 1., including the wireless equipment associated with the antenna and any
3preexisting associated equipment on the structure, is no more than 28 cubic feet in
4volume.
SB239,9,65 4. The wireless facility does not require registration as an antenna structure
6under 47 CFR part 17.
SB239,9,875. The wireless facility is not located on tribal land, as defined in 36 CFR 800.16
8(x).
SB239,9,109 6. The wireless facility does not result in human exposure to radio frequency
10in excess of the applicable safety standards specified in 47 CFR 1.1307.
SB239,9,1211 (v) Except in par. (zp), “structure” means a utility pole or wireless support
12structure, whether or not it has an existing antenna facility.
SB239,9,1613 (w) “Technically feasible” means that by virtue of engineering or spectrum
14usage the proposed placement for a small wireless facility, or its design, concealment
15measures, or site location can be implemented without a reduction in the
16functionality of the small wireless facility.
SB239,9,2117 (x) “Utility pole” means a pole that is used in whole or in part by a
18communications service provider; used for electric distribution, lighting, traffic
19control, signage, or a similar function; or used for the collocation of small wireless
20facilities. “Utility pole” does not include a wireless support structure or electric
21transmission structure.
SB239,9,2522 (y) “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.
SB239,10,3
1(z) 1. “Wireless facility” means an antenna facility at a fixed location that
2enables wireless services between user equipment and a communications network,
3and includes all of the following:
SB239,10,44 a. Equipment associated with wireless services.
SB239,10,75 b. Radio transceivers, antennas, or coaxial, metallic, or fiber-optic cable
6located on, in, under, or otherwise adjacent to a utility pole or wireless support
7structure.
SB239,10,88 c. Regular and backup power supplies.
SB239,10,109 d. Equipment that is comparable to equipment specified in this subdivision
10regardless of technical configuration.
SB239,10,1111 2. “Wireless facilities” does not include any of the following:
SB239,10,1312 a. The structure or improvements on, under, or within which equipment
13specified in subd. 1. is collocated.
SB239,10,1414 b. Wireline backhaul facilities.
SB239,10,1615 c. Coaxial, metallic, or fiber-optic cable that is between utility poles or wireless
16support structures or that is not adjacent to a particular antenna.
SB239,10,1917 (za) “Wireless infrastructure provider” means any person, other than a wireless
18services provider, that builds or installs wireless communication transmission
19equipment, antenna equipment, or wireless support structures.
SB239,10,2120 (zc) “Wireless provider” means a wireless infrastructure provider or a wireless
21services provider.
SB239,10,2422 (zg) “Wireless services” means any service using licensed or unlicensed
23wireless spectrum, including the use of a Wi-Fi network, whether at a fixed location
24or by means of a mobile device.
SB239,11,2
1(zL) “Wireless services provider” means any person who provides wireless
2services.
SB239,11,53 (zp) “Wireless support structure” means an existing freestanding structure
4that is capable of supporting small wireless facilities, except that “wireless support
5structure” does not include any of the following:
SB239,11,66 1. A utility pole.
SB239,11,77 2. A structure designed solely for the collocation of small wireless facilities.
SB239,11,98 (zt) “Wireline backhaul facility” means a facility for providing wireline
9backhaul service.
SB239,11,1110 (zx) “Wireline backhaul service” means the transport of communications
11services by wire from small wireless facilities to a communications network.
SB239,11,13 12(2) Rights-of-way. (a) Applicability. This subsection applies only to the
13activities of a wireless provider within a right-of-way.
SB239,11,1714 (b) Exclusive use prohibited. Neither the state nor a political subdivision may
15enter into an exclusive arrangement with any person for the use of a right-of-way
16for the construction, operation, marketing, maintenance, or collocation of small
17wireless facilities or wireless support structures.
SB239,11,2418 (c) Rates and fees. Subject to sub. (3) (e) 3., the state or a political subdivision
19may charge a wireless provider a nondiscriminatory rate or fee for the use of a
20right-of-way with respect to the collocation of a small wireless facility or the
21installation, modification, or replacement of a utility pole in the right-of-way only
22if the state or political subdivision charges other entities for the use of the
23right-of-way. If the state or a political subdivision charges a wireless provider a rate
24or fee as described in this paragraph, all of the following apply:
SB239,12,2
11. Subject to subd. 5., the fee or rate must be limited to no more than the direct
2and actual cost of managing the right-of-way.
SB239,12,43 2. Except as provided in par. (d), the fee or rate must be competitively neutral
4with regard to other users of the right-of-way.
SB239,12,85 3. The fee or rate may not result in a double recovery by the state or political
6subdivision if existing fees, rates, or taxes imposed by a political subdivision on the
7wireless provider already recover the direct and actual cost of managing the
8right-of-way.
SB239,12,109 4. The fee or rate may not be in the form of a franchise or other fee based on
10revenue or customer counts.
SB239,12,1311 5. The fee or rate may not exceed an annual amount equal to $20 multiplied
12by the number of small wireless facilities in the right-of-way in the state's or
13political subdivision's geographic jurisdiction.
SB239,12,1714 6. Beginning on the effective date of this subdivision .... [LRB inserts date], the
15state or a political subdivision may adjust a rate or fee allowed under this paragraph
16by 10 percent every 5 years, rounded to the nearest dollar. During each 5-year
17period, the adjustment may be applied incrementally or as a single adjustment.
SB239,12,2218 (d) Rate or fee adjustment. 1. Except as provided in subd. 2., by the later of the
19first day of the 3rd month beginning after the effective date of this subdivision ....
20[LRB inserts date], or 3 months after receiving its first request for access to the
21right-of-way by a wireless provider, the state or a political subdivision shall
22implement rates, fees, and terms for such access that comply with this subsection.
SB239,13,423 2. Agreements between a wireless provider and the state or a political
24subdivision that are in effect on the effective date of this subdivision .... [LRB inserts
25date], and that relate to access to the right-of-way, remain in effect, subject to

1applicable termination provisions, except that by the first day of the 25th month
2beginning after the effective date of this subdivision .... [LRB inserts date], the state
3or political subdivision shall amend any such agreement to comply with the rates,
4fees, and terms required under this subsection.
SB239,13,195 (e) Right of access. 1. Except as otherwise provided in this subsection and subs.
6(3) (c) 4. and 5. and (4), and notwithstanding ss. 182.017 and 196.58 and any zoning
7ordinance enacted by a political subdivision under s. 59.69, 60.61, 60.62, or 62.23, a
8wireless provider shall have the right to collocate small wireless facilities and
9construct, modify, maintain, and replace its own utility poles, or, with the permission
10of the owner, a 3rd party's utility pole, that supports small wireless facilities along,
11across, upon, and under a right-of-way. Such small wireless facilities and utility
12poles, and activities related to the installation and maintenance of the small wireless
13facilities and utility poles, may not obstruct or hinder travel, drainage, maintenance,
14or the public health, safety, and general welfare on or around the right-of-way, or
15obstruct the legal use of the right-of-way for other communications providers, public
16utilities, cooperative associations organized under ch. 185 for the purpose of
17producing or furnishing heat, light, power, or water to their members only, or pipes
18or pipelines transmitting liquid manure. A political subdivision may enact an
19ordinance consistent with this subdivision.
SB239,13,2120 2. Except as provided in subd. 4., the height of a utility pole installed, or
21modified, in a right-of-way may not exceed the greater of:
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:
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