Signed by Governor Eric Holcomb

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that limits a city or township's ability to restrict 5G telecommunications poles.

Highlights:

• Defines "attaching entity" as a cable operator that seeks an attachment, or has an attachment, to a pole (Sec. 3.a).

• Specifies "pole" refers to an electric distribution pole (Sec. 3.d).

• Establishes any pole attachment rental fee imposed by a pole owner for access to poles owned or controlled by the pole owner (Sec. 3.i):

• Must be calculated on an annual, per-pole basis; and

• Is considered to provide reasonable compensation and to be nondiscriminatory, just, and reasonable if the fee:

• Is agreed upon by the parties; or

• Is not greater than the fee that would apply if the pole attachment rental fee were calculated by multiplying the following factors:

• The % of the total usable space that is occupied by the pole attachment;

• The sum of the pole owner's annual administrative, maintenance, and depreciation expenses, plus the cost of debt; and

• The net bare pole cost.

• Establishes an attaching entity is primarily responsible for the following (Sec. 3.r):

• Scheduling; and

• Coordinating directly with all other users of a pole; all relocations required as part of any project of the attaching entity.

• Prohibits the commission from requiring a communications service provider (Sec. 5.f):

• To file a tariff; or

• Except for purposes of a petition or request filed or submitted to the commission by the communications service provider,to report to the commission any information that is:

• Available to the public on the communications service provider's Internet website;

• Filed with the Federal Communications Commission; or

• Otherwise available to the public in any form or at any level of detail.

• Prohibits the addition of any above ground (Sec. 6-2):

• Wireless support structure;

• Utility pole; or

• Another utility superstructure; other than light poles or small cell facilities approved as part of a waiver process that exists in the area.

• Authorizes a permit authority may require a neighborhood association, homeowners association, or homeowner to pay the cost of postage associated with the mailed provision of notice to the neighborhood association, homeowners association, or homeowner under this law (Sec. 6.d).

• Authorizes a permit authority to collaborate with a neighborhood association or a homeowners association on the preferred location and reasonable aesthetics of new utility poles or new wireless support structures added within the jurisdiction of the neighborhood association or homeowners association (Sec. 6.e).

• Prohibits a permit applicant from being required to submit information about the need for a small cell facility or the associated wireless support structure, including (Sec. 6.f):

• Information about additional wireless coverage or capacity, or increased wireless speeds;

• Propagation maps or telecommunications traffic studies; or

• Information about the permit applicant's business decisions concerning:

• Service;

• Customer demand; or

• Quality of service; to or from a particular area or site.

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that limits a city or township's ability to restrict 5G telecommunications poles.

Highlights:

• Defines "attaching entity" as a cable operator that seeks an attachment, or has an attachment, to a pole (Sec. 3.a).

• Specifies "pole" refers to an electric distribution pole (Sec. 3.d).

• Establishes any pole attachment rental fee imposed by a pole owner for access to poles owned or controlled by the pole owner (Sec. 3.i):

• Must be calculated on an annual, per-pole basis; and

• Is considered to provide reasonable compensation and to be nondiscriminatory, just, and reasonable if the fee:

• Is agreed upon by the parties; or

• Is not greater than the fee that would apply if the pole attachment rental fee were calculated by multiplying the following factors:

• The % of the total usable space that is occupied by the pole attachment;

• The sum of the pole owner's annual administrative, maintenance, and depreciation expenses, plus the cost of debt; and

• The net bare pole cost.

• Establishes an attaching entity is primarily responsible for the following (Sec. 3.r):

• Scheduling; and

• Coordinating directly with all other users of a pole; all relocations required as part of any project of the attaching entity.

• Prohibits the commission from requiring a communications service provider (Sec. 5.f):

• To file a tariff; or

• Except for purposes of a petition or request filed or submitted to the commission by the communications service provider,to report to the commission any information that is:

• Available to the public on the communications service provider's Internet website;

• Filed with the Federal Communications Commission; or

• Otherwise available to the public in any form or at any level of detail.

• Prohibits the addition of any above ground (Sec. 6-2):

• Wireless support structure;

• Utility pole; or

• Another utility superstructure; other than light poles or small cell facilities approved as part of a waiver process that exists in the area.

• Authorizes a permit authority may require a neighborhood association, homeowners association, or homeowner to pay the cost of postage associated with the mailed provision of notice to the neighborhood association, homeowners association, or homeowner under this law (Sec. 6.d).

• Authorizes a permit authority to collaborate with a neighborhood association or a homeowners association on the preferred location and reasonable aesthetics of new utility poles or new wireless support structures added within the jurisdiction of the neighborhood association or homeowners association (Sec. 6.e).

• Prohibits a permit applicant from being required to submit information about the need for a small cell facility or the associated wireless support structure, including (Sec. 6.f):

• Information about additional wireless coverage or capacity, or increased wireless speeds;

• Propagation maps or telecommunications traffic studies; or

• Information about the permit applicant's business decisions concerning:

• Service;

• Customer demand; or

• Quality of service; to or from a particular area or site.

Full Bill Text