(z) 1. “Wireless facility” means an antenna facility at a fixed location that enables wireless services between user equipment and a communications network, and includes all of the following:

a. Equipment associated with wireless services.

b. Radio transceivers, antennas, or coaxial, metallic, or fiber-optic cable located on, in, under, or otherwise adjacent to a utility pole or wireless support structure.

c. Regular and backup power supplies.

d. Equipment that is comparable to equipment specified in this subdivision regardless of technical configuration.

2. “Wireless facilities” does not include any of the following:

a. The structure or improvements on, under, or within which equipment specified in subd. 1. is collocated.

b. Wireline backhaul facilities.

c. Coaxial, metallic, or fiber-optic cable that is between utility poles or wireless support structures or that is not adjacent to a particular antenna.

(za) “Wireless infrastructure provider” means any person, other than a wireless services provider, that builds or installs wireless communication transmission equipment, antenna equipment, or wireless support structures.

(zc) “Wireless provider” means a wireless infrastructure provider or a wireless services provider.

(zg) “Wireless services” means any service using licensed or unlicensed wireless spectrum, including the use of a Wi-Fi network, whether at a fixed location or by means of a mobile device.

(zL) “Wireless services provider” means any person who provides wireless services.

(zp) “Wireless support structure” means an existing freestanding structure that is capable of supporting small wireless facilities, except that “wireless support structure” does not include any of the following:

2. A structure designed solely for the collocation of small wireless facilities.

(zt) “Wireline backhaul facility” means a facility for providing wireline backhaul service.

(zx) “Wireline backhaul service” means the transport of communications services by wire from small wireless facilities to a communications network.

(2) Rights-of-way. (a) Applicability. This subsection applies only to the activities of a wireless provider within a right-of-way.

(b) Exclusive use prohibited. Neither the state nor a political subdivision may enter into an exclusive arrangement with any person for the use of a right-of-way for the construction, operation, marketing, maintenance, or collocation of small wireless facilities or wireless support structures.

(c) Rates and fees. Subject to sub. (3) (e) 3., the state or a political subdivision may charge a wireless provider a nondiscriminatory rate or fee for the use of a right-of-way with respect to the collocation of a small wireless facility or the installation, modification, or replacement of a utility pole in the right-of-way only if the state or political subdivision charges other entities for the use of the right-of-way. If the state or a political subdivision charges a wireless provider a rate or fee as described in this paragraph, all of the following apply:

1. Subject to subd. 5., the fee or rate must be limited to no more than the direct and actual cost of managing the right-of-way.

2. Except as provided in par. (d), the fee or rate must be competitively neutral with regard to other users of the right-of-way.

3. The fee or rate may not result in a double recovery by the state or political subdivision if existing fees, rates, or taxes imposed by a political subdivision on the wireless provider already recover the direct and actual cost of managing the right-of-way.

4. The fee or rate may not be in the form of a franchise or other fee based on revenue or customer counts.

5. The fee or rate may not exceed an annual amount equal to $20 multiplied by the number of small wireless facilities in the right-of-way in the state's or political subdivision's geographic jurisdiction.

6. Beginning on the effective date of this subdivision .... [LRB inserts date], the state or a political subdivision may adjust a rate or fee allowed under this paragraph by 10 percent every 5 years, rounded to the nearest dollar. During each 5-year period, the adjustment may be applied incrementally or as a single adjustment.

(d) Rate or fee adjustment. 1. Except as provided in subd. 2., by the later of the first day of the 3rd month beginning after the effective date of this subdivision .... [LRB inserts date], or 3 months after receiving its first request for access to the right-of-way by a wireless provider, the state or a political subdivision shall implement rates, fees, and terms for such access that comply with this subsection.

2. Agreements between a wireless provider and the state or a political subdivision that are in effect on the effective date of this subdivision .... [LRB inserts date], and that relate to access to the right-of-way, remain in effect, subject to applicable termination provisions, except that by the first day of the 25th month beginning after the effective date of this subdivision .... [LRB inserts date], the state or political subdivision shall amend any such agreement to comply with the rates, fees, and terms required under this subsection.