2017 Rhode Island sWTF Bill

TITLE 39: Public Utilities and Carriers

Chapter 39-32: Rhode Island Small Cell Siting Act

  • § 39-32-1. Definitions.

  • § 39-32-2. Regulation of small wireless facilities.

  • § 39-32-3. Collocation of small wireless facilities on authority poles and authority structures.

  • § 39-32-4. Action on permit applications.

  • § 39-32-5. Additional terms for collocation on authority poles and structures.

  • § 39-32-6. Collocation of small wireless facilities on private poles and structures.

§ 39-32-1. Definitions.

As used in this chapter:

(1) "Authority" means a city, town, or any other state or municipal government subdivision, agency, or entity that is authorized by law to regulate or control the use of the public rights-of-way or the construction or installation of poles or wireless facilities or that owns or controls property suitable for collocating small wireless facilities. The term does not include the state courts.

(2) "Authority pole" means a pole owned or controlled by an authority and includes metal, composite, concrete, or wood poles, as well as decorative poles.

(3) "Authority structure" means a building, water tower, or other structure owned or controlled by an authority, but not an authority pole.

(4) "Collocate" means to install, mount, maintain, modify, operate, or replace wireless facilities on a pole, including an authority pole, or on a building, water tower, or other structure, including an authority structure. "Collocation" has a corresponding meaning.

(5) "Communications service provider" means a cable operator, as defined in 47 U.S.C. § 522(5); a provider of information service, as defined in 47 U.S.C. § 153(24); a telecommunications carrier, as defined in 47 U.S.C. § 153(51); or a wireless service provider.

(6) "Person" means an individual, corporation, limited-liability company, partnership, association, trust, or other entity or organization, including an authority.

(7) "Pole" means a utility pole, light pole, light standard, or similar structure that is used, in whole or in part, for telephone service, wireless service, cable television service, information service, electric service, lighting, traffic control, signage, or similar function.

(8) "Small wireless facility" means a wireless facility with an antenna of no more than six cubic feet (6 cu. ft.) in volume and associated equipment with a cumulative volume no larger than twenty-eight cubic feet (28 cu. ft.). The following types of associated equipment may be located outside the primary enclosure and are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, backup power system, grounding equipment, power transfer switch, cut-off switch, and cable and conduit runs for the connection of power and other services. Equipment that is concealed from public view within or behind an existing structure or concealment is not included in the volume calculations.

(9) "Wireless facilities" means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including, but not limited to:

   (i) Equipment associated with wireless services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul; and

   (ii) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term "wireless facilities" includes small wireless facilities but does not include the structure or improvements on, under, or within which the equipment is collocated; wireline backhaul facilities; coaxial or fiber-optic cable that is between wireless support structures or poles; or coaxial or fiber-optic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna.

(10) "Wireless service" means any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided using wireless facilities.

(11) "Wireless service provider" means a person who provides wireless service, as well as a person who builds, installs, or maintains wireless communications transmission equipment, wireless facilities, or wireless support structures.

History of Section.
(P.L. 2017, ch. 309, § 2; P.L. 2017, ch. 331, § 2.)

§ 39-32-2. Regulation of small wireless facilities.

(a) A wireless service provider authorized to do business in this state or a contractor acting on its behalf may collocate small wireless facilities within, along, across, upon, and under any public right-of-way in this state, including state highways and freeways, and may construct conduit, cables, and facilities between such small wireless facility and other equipment or services located on or adjacent to the supporting pole or other structure, subject to the provisions of this chapter.

(b) Except as provided in this chapter, an authority shall not prohibit, regulate, or charge for the collocation of small wireless facilities.

(c) Small wireless facilities shall be classified as permitted uses in all zoning districts and shall not be subject to zoning review or approval.

(d) Nothing in this chapter shall be construed to authorize a person to collocate a small wireless facility on a privately owned pole, structure, or other private property without the consent of the property owner.

(e) All agreements between authorities and wireless service providers that are in effect on the effective date of this chapter [September 27, 2017] and that relate to the collocation of small wireless facilities in the public right-of-way or on authority poles or structures shall remain in effect, subject to any termination provisions in such agreements. Notwithstanding the foregoing, at the election of a wireless service provider, the rates, fees, terms, and conditions established pursuant to this chapter shall apply to small wireless facilities that are the subject of an application submitted after the effective date of this chapter.

History of Section.
(P.L. 2017, ch. 309, § 2; P.L. 2017, ch. 331, § 2.)

§ 39-32-3. Collocation of small wireless facilities on authority poles and authority structures.

An authority may require a person to obtain a building, electrical, or a public right-of-way use or work permit to collocate small wireless facilities on authority poles or authority structures, provided such permits are of general applicability and do not apply exclusively to wireless facilities. An authority may not require a permit, other than a public right-of-way work permit, for routine maintenance on a previously approved small wireless facility or to replace a small wireless facility with a facility of substantially similar or smaller size and weight. An authority shall accept an application for, process, and issue a permit allowed under this chapter as follows:

(1) An authority shall receive applications for, and process and issue permits for, collocating small wireless facilities on a nondiscriminatory basis and in substantially the same manner as the permitting of other applicants within the jurisdiction of the authority. An applicant for a collocation permit shall not be required to provide more information to obtain a permit than communications service providers that are not wireless providers. If consistent with the preceding sentence, an authority may require an application to include information sufficient to determine whether the collocation meets applicable building or electrical codes or, if applicable, standards for construction in the right-of-way, provided such codes and standards are of general applicability.

(2) An authority may charge a fee to process an application to collocate a small wireless facility. The fee shall be no greater than the reasonable, direct and actual costs incurred by the authority to process the application, excluding any fees for review of an application charged by third parties on a contingency basis or a result-based arrangement, and further excluding any costs already recovered by existing fees, rates, or taxes paid by a wireless provider. The application processing fee shall be no greater than the application processing fee, if any, charged by the authority to persons seeking to place a pole in the public way. Except as provided in § 39-32-5, an applicant shall not be required to pay any additional fees or charges, or perform or provide any services not directly related to the collocation, in order to collocate small wireless facilities.

(3) At its discretion, an applicant shall be allowed to file a consolidated application and receive a single permit to collocate small wireless facilities at multiple locations within the jurisdiction of the authority.

(4) An authority may not institute a moratorium on filing, receiving, or processing applications or issuing permits or approvals for the collocation of small wireless facilities.

(5) All permits regarding the collocation of small wireless facilities shall be of unlimited duration but initial construction shall be completed within one hundred eighty (180) days after the permit issuance date, unless the authority and wireless provider agree to extend this period or a delay is caused by a lack of commercial power at the site.

(6) Notwithstanding the provisions of § 39-32-2(c), a permit for a collocation within a historic district as defined in § 45-24.1-1.1 shall be subject to historic district commission review and approval, in accordance with standards to be adopted by regulation or rule. The standards may include that a collocation meet reasonable design, context, color, and stealth and concealment requirements and make reasonable accommodation for location within the district. The historic district commission may waive one or more standards upon a showing that the standard(s) are not reasonably compatible with the particular location of a small wireless facility, or that the standard(s) impose an excessive expense. The waiver shall be granted or denied within forty-five (45) days after the date of the request for waiver.

(7) A permit may require a collocation on an authority pole that is a decorative pole to meet objective design standards, including that a collocation meet reasonable location, context, color, and stealth and concealment requirements. Such standards shall be adopted by ordinance, regulation, or rule. An authority may waive one or more standards upon a showing that the standard(s) are not reasonably compatible with the particular location of a small wireless facility, or that the standard(s) impose an excessive expense. The waiver shall be granted or denied within forty-five (45) days after the date of the request.

History of Section.
(P.L. 2017, ch. 309, § 2; P.L. 2017, ch. 331, § 2.)

§ 39-32-4. Action on permit applications.

(a) An authority shall approve an application for a permit under this chapter unless the collocation does not meet applicable building or electrical codes or, if applicable, standards for construction in the right-of-way, provided such codes and standards are of general applicability. The authority must document the basis for any denial, including the specific code provisions or standards on which the denial was based, and send the documentation to the applicant on or before the day the authority denies an application. The applicant may cure the deficiencies identified by the authority and resubmit the application within thirty (30) days of the denial without paying an additional processing fee. The authority shall approve or deny the revised application within thirty (30) days. Any subsequent denial shall be limited to the deficiencies cited in the original denial. Where one or more locations addressed in a consolidated application do not meet the criteria of this section, the authority shall allow the application as to all other locations.

(b) An application shall be deemed approved if the authority fails to approve or deny the application within sixty (60) days of submission. If the authority notifies the applicant within fourteen (14) days after the initial submission that the application is incomplete and reasonably identifies at that time the information that is lacking, the time period stated above shall be tolled during the time it takes the applicant to respond. No other request for additional information shall toll such time periods.

(c) A person whose application or revised application is denied by an authority may appeal to the superior court within thirty (30) days of the denial. The superior court shall have jurisdiction to determine all disputes arising under this chapter.

History of Section.
(P.L. 2017, ch. 309, § 2; P.L. 2017, ch. 331, § 2.)

§ 39-32-5. Additional terms for collocation on authority poles and structures.

(a) Within six (6) months of receiving its first request to collocate small wireless facilities on authority poles located within the public rights-of-way, but in no event later than April 1, 2018, an authority shall establish, by ordinance, regulation, or rule, nondiscriminatory, competitively neutral, and commercially reasonable rates, terms, and conditions for such collocation that are consistent with the provisions of this chapter. Aside from the application processing fee allowed under § 39-32-3, an authority shall not charge on an annual recurring basis more for such a collocation than one hundred and fifty dollars ($150) or the rate produced by applying the formula adopted by the Federal Communications Commission for telecommunications attachments under 47 U.S.C. § 224(e). The fee limitation shall not apply to authority structures.

(b) An authority shall authorize the collocation of small wireless facilities on authority poles not located within the public rights-of-way and on authority structures to the same extent the authority permits access to the poles and structures for other commercial projects or uses, and may authorize the collocation if the authority has not previously permitted access. The collocation shall be subject to reasonable and nondiscriminatory rates, terms, and conditions as provided by ordinance or in one or more agreements between the wireless provider and the authority. An authority may not charge on an annual recurring basis more for such a collocation than the amount charged for similar commercial projects or uses to occupy or use the same amount of space on similarly situated property.

History of Section.
(P.L. 2017, ch. 309, § 2; P.L. 2017, ch. 331, § 2.)

§ 39-32-6. Collocation of small wireless facilities on private poles and structures.

(a) An authority may not prohibit, regulate, or charge for the collocation of small wireless facilities on poles or structures other than authority poles and authority structures.

(b) A wireless service provider may install poles in the public rights-of-way in order to collocate small wireless facilities, subject to request and authority approval. An authority shall receive, process, and approve such requests on a nondiscriminatory basis and in substantially the same manner and on substantially the same terms and conditions as the authority applies to similar requests by other persons seeking to place poles in the public ways.

History of Section.
(P.L. 2017, ch. 309, § 2; P.L. 2017, ch. 331, § 2.)