Local Government Permitting Wireless Telecommunications Facilities

Cell Phone Connectivity Interim Study Committee. The bill requires that an application by a telecommunications provider for the siting and construction of a new wireless telecommunications service facility for telecommunications or for the substantial change of an existing wireless telecommunications service facility for telecommunications (application) submitted to a local government is deemed approved by the local government if:

• The local government has not approved or rejected the application within 60 90 days after the application is submitted to the local government or conducted a pre-application meeting or other documented communication regarding the application, whichever is earlier (60-day time period) the applicant complies with the first procedural step required by the local government as part of its applicable regulatory review process or after the applicant submits a collocation application if the local government's applicable regulatory process does not specify that first procedural step; except that the period for approval or rejection of a siting application that is not for a collocation or a small cell facility is 120 days (applicable consideration period);
• The telecommunications provider has provided all public notices required under applicable law; and
• The telecommunications provider has provided notice to the local government that the 60-day time applicable consideration period has lapsed and that the application is deemed approved.

A local government may toll the 60-day time applicable consideration period to allow the local government to make timely requests for information to complete an application. The 60-day time applicable consideration period may also be extended by mutual agreement of the telecommunications provider and the local government. If a local government determines that a collocation or siting application is incomplete, the local government is required to provide written notification to the applicant within 30 days after the submission of the application of the missing documents or information that the applicant must submit to render the application complete and identify the specific regulation that requires the applicant to provide the missing documents or information, and the applicable consideration period is tolled from the date of notification until the applicant provides the missing documents or information. A local government may seek judicial review of the deemed approval of a collocation application or siting application within 30 days after it receives notice of the deemed approval. If a local government requires an applicant to obtain a traffic control plan or other permit related to obstruction of, or safety in, a public right-of-way before a collocation or siting application is approved, the applicant shall not commence the construction or substantial change of a wireless service facility for telecommunications pursuant to an collocation or siting application deemed approved pursuant to the bill until the traffic control plan or other permit is obtained. A local government is prohibited from unreasonably withholding, conditioning, or delaying approval of the issuance of a traffic control plan or other permit to delay the approval of a collocation application or siting application or prohibiting or unreasonably discriminating in favor of, or against, any technology in taking action on a collocation or siting application. The bill also prohibits a A local government is prohibited from requiring a telecommunications provider that removes, discontinues, or replaces telecommunications equipment at an existing wireless telecommunications facility to file a new application or obtain additional permits if:

• The telecommunications provider notifies the local government of the necessary removal, discontinuance, or replacement of the telecommunications equipment; and
• The removal, discontinuance, or replacement of the telecommunications equipment is not a substantial change to the facility.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)