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Please see http://docs.legis.wisconsin.gov for the production version.
Access to governmental structures
With regard to regulating access to governmental structures, the bill does the
following:
1. 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 discriminatory
fees, charges, or other terms and conditions.
2. Provides that the rate a political subdivision may charge for collocating a
small wireless facility on a UPDS is governed by agreement between the political
subdivision and a wireless provider and provides that, if no agreement is reached,
the rate is subject to the Public Service Commission's authority under current law.
3. Subject to a number of conditions and adjustments based on FCC actions,
limits the rate an owner of a governmental pole, other than a UPDS, 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 a maximum of $250 per small wireless
facility per year.
4. Specifies deadlines for the state and political subdivisions to make available
rates, fees, and terms for collocation of small wireless facilities on governmental
poles that comply with the bill's requirements and to amend existing agreements
relating to collocation in the ROW.
5. Provides that a person who owns or controls a governmental pole other than
a 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.
Dispute resolution
The bill requires courts to determine disputes regarding the bill's
requirements, except that, as noted above, subject to court review, the PSC resolves
disputes over the rates charged by a political subdivision for collocating a small

wireless facility on a UPDS. The bill also provides a mechanism for political
subdivisions to allow the placement of a small wireless facility or utility pole at a
temporary rate pending the resolution of a ROW dispute.
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 or
substantial modification of such a mobile service support 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 or on adjacent land. 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. The bill also provides, however, that a setback
requirement does not apply to an existing or new utility pole, or wireless support
structure that supports small wireless facilities, if the pole or facility meets the
height limitations specified in the bill for such a pole or facility.
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:
SB239,1 1Section 1 . 66.0404 (4e) of the statutes is created to read:
SB239,5,62 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).
SB239,5,127 (b) A setback requirement may apply only to a mobile service support structure
8that is constructed on or adjacent to a parcel of land that is subject to a zoning
9ordinance that permits single-family residential use on that parcel. A setback
10requirement does not apply to an existing or new utility pole, or wireless support
11structure in a right-of-way that supports a small wireless facility, if the pole or
12facility meets the height limitations in s. 66.0414 (2) (e) 2. and 3.
SB239,6,4
1(c) The setback requirement under par. (b) for a mobile service support
2structure on a parcel shall be measured from the lot lines of other adjacent and
3nonadjacent parcels for which single-family residential use is a permitted use under
4a zoning ordinance.
SB239,6,75 (d) A setback requirement must be based on the height of the proposed mobile
6service support structure, and the setback requirement may not be a distance that
7is greater than the height of the proposed structure.
SB239,2 8Section 2 . 66.0414 of the statutes is created to read:
SB239,6,9 966.0414 Small wireless facilities. (1) Definitions. In this section:
SB239,6,1110 (a) “Antenna” means communications equipment that transmits and receives
11electromagnetic radio signals and is used in the provision of wireless services.
SB239,6,1512 (b) “Antenna equipment” or “wireless equipment” means equipment, switches,
13wiring, cabling, power sources, shelters, or cabinets associated with an antenna,
14located at the same fixed location as the antenna, and, when collocated on a
15structure, is mounted or installed at the same time as such antenna.
SB239,6,1716 (c) “Antenna facility” means an antenna and associated antenna equipment,
17including ground-mounted antenna equipment.
SB239,6,2318 (d) “Applicable codes” means the state electrical wiring code, as defined in s.
19101.80 (4), the state plumbing code specified in s. 145.13, the fire prevention code
20under ch. SPS 314, Wis. adm. code, the Wisconsin commercial building code under
21chs. SPS 361 to 366, the Wisconsin uniform dwelling code under chs. SPS 320 to 325,
22and local amendments to those codes enacted solely to address imminent threats of
23destruction of property or injury to persons.
SB239,6,2424 (e) “Applicant” means a wireless provider that submits an application.
SB239,7,2
1(f) “Application” means an application for a permit under this section to
2collocate a small wireless facility or to install, modify, or replace a utility pole.
SB239,7,53 (g) “Collocate,” “collocate on,” or “collocation” means the placement, mounting,
4replacement, modification, operation, or maintenance of a small wireless facility on,
5or of ground-mounted antenna equipment adjacent to, a structure.
SB239,7,86 (h) “Communications facilities” means the set of equipment and network
7components, including wires and cables and associated facilities, used by a
8communications service provider to provide communications service.
SB239,7,109 (i) “Communications network” means a network used to provide a
10communications service.
SB239,7,1311 (j) “Communications service” means cable service, as defined in 47 USC 522 (6),
12telecommunications service, as defined in 47 USC 153 (53), information service, as
13defined in 47 USC 153 (24), or wireless service.
SB239,7,1514 (k) “Communications service provider” means a person that provides
15communications service.
SB239,7,1616 (L) “Facility” means an antenna facility or a structure.
SB239,7,1717 (m) “Fee” means a one-time charge.
SB239,7,1918 (n) “Governmental pole” means a utility pole that is owned or operated by the
19state or by a political subdivision in a right-of-way.
SB239,7,2320 (o) “Investor-owned electric utility” means a public utility whose purpose is the
21generation, transmission, delivery, or furnishing of electric power but does not
22include a public utility owned and operated wholly by a municipality or a cooperative
23association organized under ch. 185.
SB239,8,3
1(p) “Micro wireless facility” means a small wireless facility that does not exceed
224 inches in length, 15 inches in width, and 12 inches in height and that has no
3exterior antenna longer than 11 inches.
SB239,8,54 (q) “Permit” means written authorization required by the state or a political
5subdivision to perform an action, or initiate, continue, or complete a project.
SB239,8,66 (r) “Political subdivision” means any city, village, town, or county.
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.
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