West Virginia Small Wireless Facilities Deployment Act
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HB 4357 — West Virginia Small Wireless Facilities Deployment Act
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✓Introduced
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✓In Committee
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3Passed House of Delegates
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2018 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
435 added · 340 removedPlain-language change summary
The revised bill, HB 4357, has clarified and specified the guidelines around the installation of small wireless facilities in West Virginia. Key changes include defining the state's authority to regulate collocation and limiting fees that local governments can charge. This is important because it streamlines the process for deploying advanced wireless networks, which are essential for economic growth and improving internet access across the state.
NEWS RELEASES HELPFUL LINKS IntroducedCommittee VersionSubstitute « House Bill 4357 History OTHER VERSIONS — CommitteeIntroduced SubstituteVersion | | Email Key:
Red = new code to be enacted WEST virginia Legislaturelegislature regular session IntroducedCommittee Substitute for House Bill 4357 By Delegates Shott, Hanshaw, Boggs, Capito, Foster, Moore, Queen, Barrett, Byrd, Harshbarger and Nelson [Introduced[Originating Januaryin 30,the 2018;Committee on Finance;
ReferredFebruary to23, the2018] Committee A on the Judiciary then Finance.] A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §31H-1-1, §31H-1-2, §31H-2-1, §31H-2-2, §31H-2-3, and §31H-2-4, all relating to the establishment of the West Virginia Small Wireless Facilities Deployment Act;
providing forand certainlimiting permitstate requirements;and local government authority to prohibit, regulate or charge for collocation;
requiringauthorizing permitsand tolimiting beactivities issuedand onequipment aof nondiscriminatoryproviders; basis;
excluding micro wireless facilities from regulation;
authorizing and limiting permits for activities;
authorizing and providinglimiting foraccess certainto localcollocation zoning,sites, indemnification,structures insurance, and bondingequipment; requirements.
authorizing and limiting agreements between authority and provider;
and providing for certain local zoning, indemnification, insurance, bonding and other forms of surety requirements.
(d) Small wireless facilities, including facilities commonly referred to as small cells and distributed antenna systems, often may be deployed most effectively in the public right-of-way.rights-of-way.
(e) To meet the key objectives of this chapter, wireless providers must have access to certain public right-of-wayrights-of-way and the ability to attach or collocate on existing infrastructure that will permit these providers to offer next generation wireless and broadband technology.
(1) “Antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.services;
(2) “Applicable codes” means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes, including the National Electric Safety Code.Code;
(3) “Applicant” means any person who submits an application and is a wireless provider.provider;
(4) “Application” means a request submitted by an applicant to an authority for a permit to collocate small wireless facilities or to approve the installation, modification or replacement of a utility pole or wireless support structure.structure;
(5) “Authority” means the State of West Virginia or a political subdivision that has jurisdiction and control for use of public right-of-wayrights-of-way as provided by this code for placements within public right-of-wayrights-of-way or has zoning or land use control for placements not within public right-of-way.rights-of-way;
(6) “Authority utility pole” means a utility pole owned or operated by an authority in a public right-of-way.right-of-way;
(7) “Collocate” or “collocation” means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole.pole;
(8) “Commissioner” means the Commissioner of the West Virginia Division of Highways.Highways;
(9) “Communications service” means cable service, as defined in 47 U.S.C.
or wireless service other than mobile service.service;
(10) “Communications service provider” means a cable operator, as defined in 47 U.S.C.
or a wireless provider.provider;
“Division”(11) “Decorative pole” means thean Westauthority Virginiautility Divisionpole ofthat Highways.is specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than a small wireless facility, or specially designed informational, or directional signage, or temporary holiday or special event attachments, have been placed, or are permitted to be placed, according to nondiscriminatory municipal rules or codes;
“FCC”(12) “Division” means the FederalWest CommunicationsVirginia CommissionDivision of theHighways; United States.
“Fee”(13) “FCC” means athe one-time,Federal nonrecurringCommunications charge.Commission of the United States;
“Law”(14) “Fee” means a federalone-time, ornonrecurring statecharge; statute, common law, code, rule, regulation, order, or local ordinance or resolution.
“Micro(15) wireless“Historic facility”District” means a smallgroup wirelessof facilitybuildings, properties, or sites that isare noteither largerlisted in dimensionthe thanNational 24Register inchesof inHistoric length,Places 15or inchesformally indetermined width,eligible andfor 12listing inchesby inthe heightKeeper andof thatthe National Register, the individual who has anbeen exteriordelegated antenna,the ifauthority any,by nothe longerfederal thanagency 11to inches.list properties and determine their eligibility for the National Register, in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement codified at 47 C.F.R.
“Permit”Part means1, aAppendix writtenC; authorization required by an authority to perform an action or initiate, continue, or complete a project.
“Person”(16) “Law” means ana individual,federal corporation,or limitedstate liabilitystatute, company,common partnership,law, association,code, trust,rule, orregulation, otherorder, entity or organization,a includinglocal anordinance authority.or resolution;
“Rate”(17) “Micro wireless facility” means a recurringsmall charge.wireless facility that is not larger in dimension than inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, that is no longer than 11 inches;
“Right-of-way”(18) “Permit” means thea areawritten on,authorization below,required orby abovean aauthority publicto roadway,perform highway,an street,action publicor sidewalk,initiate, alley,continue, utility easement, or similarcomplete property, but not including a federalproject; interstate highway.
“Small(19) wireless“Person” facility” means aan wirelessindividual, facilitycorporation, thatlimited meetsliability bothcompany, ofpartnership, theassociation, followingtrust, qualifications:or other entity or organization, including an authority;
(A)(20) Each“Rate” antennameans coulda fitrecurring withincharge; an imaginary enclosure of no more than 6 cubic feet;
(21) “Right-of-way” means the area on, below, or above a public roadway, highway, street, sidewalk, alley, utility easement, or similar property, but not including a federal interstate highway;
(22) “Small wireless facility” means a wireless facility that meets both of the following qualifications:
(A) each antenna could fit within an imaginary enclosure of no more than 6 cubic feet;
electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and othercommunications services.services;
(23) “Utility pole” means a pole or similar structure that is or may be used, in whole or in part, by a communication services provider or for electric distribution, lighting, traffic control, signage,signage (if the pole is fifteen feet or taller), or a similar function, or for the collocation of small wireless facilities.
Show all 150 changed lines (110 more)
However, “utility pole” does not include Wirelesswireless Supportsupport Structuresstructures or electric transmission structures.structures;
(24) “Wireless facility” means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:
(A) Equipmentequipment associated with wireless communications;
(A) Thethe structure or improvements on, under, or within which the equipment is collocated;
or (B) wireline backhaul facilities, coaxial or fiber optic cable that is between wireless support structures or utility poles or coaxial, or fiber optic cable that is otherwise not immediately adjacent to or directly associated with an antenna.antenna;
(25) “Wireless infrastructure provider” means any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities, wireless support structures, or utility poles, but that is not a wireless services provider.provider;
(26) “Wireless provider” means a wireless infrastructure provider or a wireless services provider.provider;
(27) “Wireless services” means any services, using licensed or unlicensed spectrum, including the use of WiFi, whether at a fixed location or mobile location, provided to the public using wireless facilities.facilities;
(28) “Wireless services provider” means a person who provides wireless services.services;
and (29) “Wireless support structure” means a freestanding structure, such as a monopole;
(30) “Wireline backhaul facility” is a facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire.
ACCESS TO PUBLIC RIGHT-OF-WAY.RIGHTS-OF-WAY.
§31H-2-1. Use of right-of-wayrights-of-way for small wireless facilities and utility poles.poles;
(a)other Exceptstructures. as provided for in this article, an authority may not prohibit, regulate, or charge fees for the collocation of small wireless facilities.
(b)(a) AnThe authorityprovisions mayof notthis entersection intoshall anonly exclusiveapply arrangementto withactivities any person for use of thea right-of-way for the collocation of small wireless facilitiesprovider orwithin the installation,right-of-way. operation, marketing, modification, maintenance, or replacement of utility poles.
(c)(b) AnExcept authorityas mayprovided onlyin chargethis achapter, wirelessan providerauthority amay ratenot prohibit, regulate, or feecharge for the use of the right- of-way with respect to the collocation of small wireless facilitiesfacilities. or the installation, maintenance, modification, operation, or replacement of a utility pole in the right-of-way, if the authority charges other entities for use of the right-of-way.
Notwithstanding(c) anyAn provisionauthority ofmay thisnot articleenter tointo the contrary, an authorityexclusive isarrangement permitted,with onany aperson nondiscriminatoryfor basis,use toof refrainthe fromright-of-way chargingfor anythe ratecollocation toof asmall wireless providerfacilities foror the useinstallation, operation, marketing, modification, maintenance, or replacement of theutility right-of-way.poles.
(d) SubjectAn toauthority themay provisionsonly ofcharge this section, a wireless provider hasa therate right,or asfee afor permittedthe use notof subjectthe toright- zoningof-way reviewwith orrespect approval, to collocatethe collocation of small wireless facilities andor install,the maintain,installation, modify,maintenance, operatemodification, andoperation, replaceor replacement of a utility polespole along,in across,the upon,right-of-way, andif underthe authority charges other entities for use of the right-of-way.
SuchNotwithstanding structuresany andprovision facilitiesof shallthis bearticle soto installedthe andcontrary, maintainedan asauthority notis topermitted, obstructon ora hindernondiscriminatory thebasis, usualto travelrefrain orfrom publiccharging safetyany onrate suchto right-of-waya orwireless obstructprovider for the legaluse of the right-of-way. The rate for occupancy and use of suchthe right-of-wayright byof utilities.way may not exceed $25 per year per small wireless facility.
(e)An Eachauthority new or modified utility pole installed in the right-of-way may notadjust exceed the greater of (1) Ten feet in height above the tallest existing utility pole in place as of the effective date of this chapterrate locatedten withinpercent 500every feetfive ofyears, therounded newto pole in the samenearest right-of-way;five dollars.
(e) Subject to the provisions of this section, a wireless provider has the right, as a permitted use not subject to zoning review or approval, to collocate small wireless facilities and install, maintain, modify, operate and replace its own utility poles along, across, upon, and under the right-of-way.
Such structures and facilities shall be so installed and maintained as not to obstruct or hinder the usual travel or public safety on such right-of-way or to obstruct the legal use of such right-of-way by utilities.
(f) Each new or modified utility pole installed by a wireless services provider in the right-of-way may not exceed the greater of (1) ten feet in height above the tallest existing utility pole in place as of the effective date of this chapter located within 500 feet of the new pole in the same right-of-way;
Subject to the provisions of this article, a wireless provider has the right to collocate a small wireless facility and install, maintain, modify, operate and replace aits own utility pole that exceeds these height limits along, across, upon and under the right-of-way, subject to applicable zoning regulations.
(f)(g) AAn wirelessauthority providermay isadopt permittedreasonable towritten replacedesign decorativeguidelines poleswith whenobjective, necessarytechnically tofeasible collocatecriteria athat smallreasonably wirelessmatch facility,the butaesthetics anyand replacementcharacter poleof shallan reasonablyimmediate conformarea toregarding theall design aesthetics of the decorativefollowing: poles being replaced.
(g)(1) AThe wirelesslocation providerof shallany complyground-mounted withsmall reasonablewireless andfacilities; nondiscriminatory requirements that prohibit communications service providers from installing structures in the right-of-way in an area designated solely for underground or buried cable and utility facilities where:
(1)(2) The authoritylocation hasof requireda allsmall cablewireless andfacility utilityon facilities other than authority poles and attachments to be placed underground by a dateutility certainpole thator iswireless threesupport monthsstructure; prior to the submission of the application;
(2)(3) theThe authorityappearance doesand notconcealment prohibitof thesmall replacementwireless offacilities, authorityincluding polesthose inrelating theto designatedmaterials area;used for arranging, screening, or landscaping;
and (4) The design and appearance of a utility pole or wireless support structure.
Any such guidelines shall be applied in a nondiscriminatory manner.
Materials utilized to comply with the appearance and concealment criteria established in the guidelines shall not be considered part of the small wireless facility for purposes of facility size restrictions in this chapter.
Each new or modified small wireless facility or utility pole installed in the right of way shall comply with an authority’s current design guidelines.
(h) A wireless provider is permitted to replace its own decorative poles when necessary to collocate a small wireless facility, but any replacement pole shall reasonably conform to the design aesthetics of the decorative poles being replaced.
(i) A wireless provider shall comply with reasonable and nondiscriminatory requirements that prohibit communications service providers from installing structures in the right-of-way in an area designated solely for underground or buried cable and utility facilities where:
(1) The authority has required all cable and utility facilities other than authority utility poles and attachments to be placed underground by a date certain that is three months prior to the submission of the application;
(2) the authority does not prohibit the replacement of authority utility poles in the designated area;
(h)(j) Subject to the provisions of this section, and except for facilities excluded from evaluation for effects on historic properties under 47 C.F.R.
(i)(k) The authority, in the exercise of its administration and regulation related to the management of the right-of-way, must be competitively neutral with regard to other wireless service providers who are users of the right-of-way, including that terms may not be unreasonable or discriminatory and may not violate any applicable law.
(j)(l) The authority may require a wireless provider to repair all damage to the right-of-way directly caused by the activities of the wireless provider in the right-of-way and to return the right-of-way to its functional equivalence before the damagedamage, as determined by the authority, pursuant to the competitively neutral, reasonable requirements and specifications of the authority.
If the wireless provider fails to make the repairs required by the authority within a reasonable time after written notice, the authority may affecteffect those repairs and charge the applicable party the reasonable, documented cost of such repairs.
(k) Nothing in this chapter shall be deemed to impose or otherwise affect any rights, controls, tariffs, or contractual obligations that may be established with regard to the utility poles, similar structures, or equipment of any type that are owned or controlled by an investor-owned electric utility whose rates are regulated by the public service commission of West Virginia or any such utility’s affiliates, or by an independent transmission company.
(a) SmallThe provisions of this section shall apply to the permitting of small wireless facilities shallby bea classifiedwireless provider in or outside the right-of-way as permittedspecified usesin andsubsection not(b) subjectof this section and to zoningthe reviewpermitting orof approval.the installation, modification, and replacement of utility poles by a wireless provider inside the right-of-way.
(b) AnSmall authoritywireless mayfacilities requirethat anmeet applicantthe requirements of §31H-2-1(f) through (j) shall be classified as permitted uses and not subject to obtainzoning onereview or moreapproval permitsif tothey collocateare acollocated small(1) wirelessin facility,the providedright-of-way thatin any zone or (2) outside the permitsright-of-way arein ofproperty generalnot applicability.zoned exclusively for single family residential use.
(c) An authority may require an applicant to obtain one or more permits to collocate a small wireless facility that meets the requirements of §31H-2-1(f) through (j) or to install, modify or replace a utility pole that meets the requirements of §31H-2-1(f) through (j) and is associated with a small wireless facility, provided that the permits are of general applicability.
(1) An authority may not directly or indirectly require an applicant to perform services unrelated to the collocation for which approval is sought, such as in-kind contributions to the authority, including reserving fiber, conduit, or pole space for the authority on the wireless provider's utility pole.pole;
(2) An applicant may not be required to provide more information to obtain a permit than communications service providers that are not wireless providers, provided that an applicant may be required to include construction and engineering drawings and information demonstrating compliance with the criteria set forth in this subsection.subsection;
(3) An authority may not require the placement of small wireless facilities on any specific utility pole or category of poles or require multiple antenna systems on a single utility pole.pole;
(4) An authority may not limit the placement of small wireless facilities by minimum separation distances.distances;
(5) An authority may require an applicant to include an attestation that the small wireless facilities will be operational for use by a wireless services provider within one year after the permit issuance date, unless the authority and the applicant agree to extend this period or delay is caused by lack of commercial power or communications transport facilities to the site.site;
That processing deadline also may be tolled by agreement of the applicant and the authority.authority;
(7) An application shall be processed on a nondiscriminatory basis and deemed approved if the authority fails to approve or deny the application within 60 days of receipt of the application.application for a collocation of a small wireless facility and 90 days for an application for the installation, modification or replacement of a utility pole in the right-of-way;
(A) Materially interferes with the safe operation of traffic control equipment.equipment;
(B) Materially interferes with sight lines or clear zones for transportation or pedestrians.pedestrians;
(C) Materially interferes with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement.movement;
Such spacing requirements may not prevent a wireless provider from serving any location.location;
(E) Fails to comply with applicable codes.codes and generally applicable standards that are consistent with this chapter and adopted by an authority for construction and public safety in the rights-of-way, including reasonable and nondiscriminatory wiring and cabling requirements, grounding requirements, and abandonment and removal provisions;
(F) Fails to comply with applicable design guidelines adopted under §31H-2-1(f) of this code;
or (G) Fails to attest that a small wireless facility will comply with relevant Federal Communications Commission regulations concerning (i) radiofrequency emissions from radio transmitters and (ii) unacceptable interference with public safety spectrum, including compliance with the abatement and resolution procedures for interference with public safety spectrum established by the FCC set forth in 47 CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 through 47 CFR 90.675.
Any subsequent review shall be limited to the deficiencies cited in the denial.denial;
Provided, That, the denial of one or more small wireless facilities in a consolidated application may not delay processing of any other small wireless facilities in the same batch.batch;
(a)(A) Undertake the installation or collocation;
and (b)(B) Subject to applicable relocation requirements and the applicant’s right to terminate at any time, operate and maintain the small wireless facilities and any associated utility pole installed by the wireless services provider covered by the permit for a period of not less than 10 years, which must be renewed for equivalent durations so long as they are in compliance with the criteria set forth in this subsection.subsection;
and (12) An authority may not institute, either expressly or de facto, a moratorium on filing, receiving, or processing applications or issuing permits or other approvals, if any, for the collocation of small wireless facilities or the installation, modification, or replacement of utility poles to support small wireless facilities.
(1) Routineroutine maintenance;
§31H-2-3. Access to authority polesutility withinpoles; the right-of-way;
application and permit fees and rates for small wireless facilities.
(a) An authority shall allow the collocation of small wireless facilities on authority utility poles within the right-of-way subject to the following:
(1) An authority may not enter into an exclusive arrangement with any person for the right to attach small wireless facilities to authority utility poles.poles;
(2) The rates and fees for collocations on authority utility poles shall be nondiscriminatory regardless of the services provided by the collocating person.person;
(3) An authority may charge an annual recurring rate to collocate a small wireless facility on an authority utility pole that equals the$30 lessor of (A) $20 per yearyear. or (B) the actual direct, and reasonable costs related to the wireless provider's use of space on the authority utility pole.
InAn any controversy concerning the appropriateness of a cost-based rate for an authority utilitymay pole,adjust thethis authority has the burden of proving that the rate doesten notpercent exceedevery thefive actual,years, direct,rounded andto reasonable costs for the applicant'snearest proposedfive usedollars. of the pole.
Nothing in this paragraph,subdivision and (3) prohibits a wireless provider and an authority from mutually agreeing to an annual recurring rate of less than $20$30 to collocate a small wireless facility on an authority utility pole.pole;
(4) The raterates, forfees, occupancyand ofterms themust right-of-waybe maynondiscriminatory, notcompetitively exceedneutral, $20and percommercially yearreasonable perand smallmust wirelesscomply facility.with this section;
(5) TheAn rates,authority fees,shall andprovide termsa mustgood befaith nondiscriminatory,estimate competitivelyfor neutral,any andmake-ready commerciallywork reasonablenecessary andto mustenable complythe withpole thisto section.support the requested collocation by a wireless provider, including pole replacement if necessary, within 60 days after receipt of a complete application.
(6) An authority shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested collocation by a wireless provider, including pole replacement if necessary, within 60 days after receipt of a complete application.
An authority may require replacement of the authority utility pole only if it demonstrates that the collocation would make the authority utility pole structurally unsound.unsound;
(7)and (6) The person owning, managing, or controlling the authority utility pole may not require more make-ready work than is required to meet applicable codes or industry standards.
Fees for make-ready work including any pole replacement may not exceed the actual costs or the amount charged to other communications service providers for similar work and may not include any consultant fee or expense.
(1) An authority may not require a wireless provider to pay any rates, fees, or compensation to the authority or other person other than what is expressly authorized by this chapterchapter; for the right to use or occupy a right of way, for collocation of small wireless facilities on utility poles in the right-of-way, or for the installation, maintenance, modification, operation and replacement of utility poles in the right-of-way.
(2) An authority may charge an application fee onlyfor ifcollocation of small wireless facilities on an existing utility pole not to exceed $200 each for the feefirst isfive requiredsmall wireless facilities in the same application and $100 for similareach typesadditional ofsmall commercialwireless developmentfacility withinin the authority'ssame jurisdiction.application.
(3)An Whereauthority costsmay toadjust bethis recovered by an application fee areten alreadypercent recoveredevery byfive existingyears, fees,rounded rates,to licensesthe ornearest taxesfive paiddollars; by a wireless provider, no application fee shall be assessed.
(4)(3) An authority may charge an application fee for the installation, modification or replacement of a utility pole, and the collocation of an associated small wireless facility that are permitted uses in accordance with the specifications in this chapter may not include:exceed $250 per pole for access to the right-of-way.
(A)An Travelauthority expensesmay incurredadjust bythis afee thirdten partypercent inevery itsfive reviewyears, ofrounded anto application;the nearest five dollars;
orand (B)(4) directAn paymentauthority may charge an application fee for the installation, modification or reimbursementreplacement of thirda partyutility ratespole orand feesthe chargedcollocation onof aan contingencyassociated basissmall orwireless facility that is not a result-basedpermitted arrangement.use in accordance with the specifications in this chapter not to exceed $1,000.
(5) An application fee for a collocation shall be limited to the cost of granting a building permit for similar types of commercial development or construction within the authority’s jurisdiction. The fees for collocation of small wireless facilities on an existing or replacement authority pole may notadjust exceedthis $100fee eachten forpercent theevery first five smallyears, wirelessrounded facilitiesto on the samenearest applicationfive anddollars. $50 for each additional small wireless facility on the same application.
(6) The fees for the installation, modification or replacement of a utility pole and the collocation of an associated small wireless facility that are permitted uses in accordance with the specifications in this chapter may not exceed $250 per pole for access to the right-of-way.
(7) An application fee for the installation, modification or replacement of a new wireless support structure, a substantial modification, or a new utility pole associated with a small wireless facility that is not a permitted use in accordance with the specifications in this chapter may not exceed $1,000.
(b)The Subjectpermitting toprocedures theand provisionsauthorizations ofset forth in this chapter andapply applicableonly federalto law,the anplacement authorityof maysmall continuewireless tofacilities exerciseand zoning,utility landpoles, use, planning and permittingdo authoritynot withinauthorize itsthe territorialinstallation boundaries,or includingoperation withof respecta towireline wirelessbackhaul supportfacility. structures and utility poles;
except(b) thatSubject noto authority shall have or exercise any jurisdiction or authority over the design,provisions engineering, construction, installation, or operation of anythis smallchapter wirelessand facilityapplicable locatedfederal inlaw, an interiorauthority structuremay orcontinue upon the site of any campus, stadium, or athletic facility not owned or controlled by the authority, other than to complyexercise withzoning, applicableland codes,use, planning and anpermitting authority shallwithin evaluateits theterritorial structureboundaries classificationwith forrespect to wireless support structures underand theutility latestpoles; version of ANSI/TIA-222.
no authority shall have or exercise any jurisdiction or authority over the design, engineering, construction, installation, or operation of any small wireless facility located in an interior structure or upon the site of any campus, stadium, or athletic facility not owned or controlled by the authority, other than to comply with applicable codes;
and an authority shall evaluate the structure classification for wireless support structures under the latest version of ANSI/TIA-222.
(d) An authorityagreement may not require a wireless provider to indemnify and hold the authority and its officers and employees harmless against any claims, lawsuits, judgments, costs, liens, losses, expenses or fees,ordinance exceptthat whendoes anot courtfully ofcomply competentwith jurisdictionthis haschapter foundmay thatapply theonly negligenceto ofsmall the wireless providerfacilities whileand installing,utility repairing,poles or maintaining caused the harm that createdbecame suchoperational claims,or lawsuits,were judgments,installed costs,before liens,the losses,effective expenses,date orof fees.this chapter.
(e)Such Anan authorityagreement mayor requireordinance amay wirelessnot providerbe torenewed, haveor inextended, effectunless insuranceit coverageis consistentmodified withto thefully provisionscomply ofwith this section;chapter.
Provided,An Thatagreement or ordinance that applies to small wireless facilities and utility poles that became operational or were constructed before the authorityeffective imposesdate similarof requirementsthis chapter is invalid and unenforceable beginning on otherthe users181st ofday after the righteffective date of waythis andchapter suchunless requirementsit arefully reasonablecomplies andwith nondiscriminatory.this chapter.
AnIf authorityan mayagreement notor requireordinance is invalid in accordance with this subsection (d), in the absence of an agreement or ordinance that fully complies with this chapter and until such a compliant agreement or ordinance is entered or adopted, small wireless providerfacilities toand obtainutility insurancepoles namingthat thebecome authorityoperational or itswere officersconstructed before the effective date of this chapter may remain installed and employeesbe anoperated additionalunder insured.the requirements of this chapter.
(e) An authorityagreement mayor requireordinance athat applies to small wireless providerfacilities toand furnishutility proofpoles that become operational on or after the effective date of insurance,this ifchapter required,is priorinvalid toand unenforceable beginning on the effective date of anythis permitchapter issuedunless forit afully smallcomplies wirelesswith facility.this chapter.
(f)If Anan authorityagreement mayor adoptordinance bondingis requirementsinvalid forin accordance with this subsection (e), in the absence of an agreement or ordinance that fully complies with this chapter and until such a compliant agreement or ordinance is entered or adopted, small wireless facilities;facilities and utility poles may be installed and operated in the right of way or become operational under the requirements of this chapter.
Provided,(f) ThatAny thewireless authorityprovider imposeswho similarowns requirementsor onoperates othersmall userswireless offacilities or utility poles in the right-of-way shall indemnify, protect, defend, and suchhold bondingthe requirementsauthority areand its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and nondiscriminatory.costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the wireless provider who owns or operates small wireless facilities or utility poles in the right-of-way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the wireless provider, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in right-of-way.
The(g) purposeExcept of such bonds shall be to provide for thea removal of abandoned or improperly maintained small wireless facilities,provider includingwith those that an authorityexisting determinesfranchise need to beoccupy removedand tooperate protectin publicthe health,rights-of-way, safety,during or welfare, restoration of the right-of-way,period or to recoup rates or fees that have not been paid by a wireless provider in overwhich 12 months, so long as the wireless providerprovider's hasfacilities receivedare reasonablelocated noticeon from the authority ofimprovements anyor ofrights-of-way, the noncomplianceauthority listedmay aboverequire andthe anwireless opportunityprovider to cure. carry, Bondingat requirementsthe maywireless notprovider's exceedown $200cost perand smallexpense, wirelessthe facility.following insurance:
For(i) wirelessproperty providersinsurance withfor multipleits smallproperty's wirelessreplacement facilitiescost withinagainst the jurisdiction of a single authority, the total bond amount across all facilitiesrisks; may not exceed $10,000, which amount may be combined into one bond instrument.
(ii) NOTE:workers' compensation insurance, as required by law;
Theor purpose(iii) ofcommercial thisgeneral liability insurance with respect to establishits activities on the Westauthority Virginiaimprovements Smallor Wirelessrights-of-way Facilitiesto Deploymentafford Act.minimum protection limits consistent with its requirements of other users of authority improvements or rights-of-way, including coverage for bodily injury and property damage.
TheAn billauthority makesmay legislativerequire findings.a wireless provider to include the authority as an additional insured on the commercial general liability policy and provide certification and documentation of inclusion of the authority in a commercial general liability policy as reasonably required by the authority.
TheA billwireless definesprovider terms.may self-insure all or a portion of the insurance coverage and limit requirements required by an authority.
TheA billwireless providesprovider forthat accessself-insures is not required, to publicthe right-of-wayextent of the self-insurance, to comply with the requirement for the collocationnaming of smalladditional wirelessinsureds facilities.under this section.
TheA billwireless providesprovider forthat certainelects permitto requirements.self-insure shall provide to the authority evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limits required by the authority.
The(h) billAn requiresauthority permitsmay impose reasonable and nondiscriminatory requirements for bonds, escrow deposits, letters of credit, or any other type of financial surety to beensure issuedremoval onof aabandoned nondiscriminatoryor basis.unused wireless facilities or damage to the right-of-way or authority property caused by the wireless provider or its agent.
The bill provides for the collection of fees and setting the amount of fees.
The bill provides for certain local zoning, indemnification, insurance, and bonding requirements.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Action History
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To Government Organization
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To Government Organization
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Introduced in Senate
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House Message received
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Communicated to Senate
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Title amendment adopted (Voice vote)
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Passed House (Roll No. 250)
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Read 3rd time
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On 3rd reading, Special Calendar
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Read 2nd time
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On 2nd reading, Special Calendar
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Read 1st time
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On 1st reading, Special Calendar
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By substitute, do pass
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To House Finance
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With amendment, do pass, but first to Finance
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To House Judiciary
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Introduced in House
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To Judiciary then Finance
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Filed for introduction
Sponsors
- Harshbarger · Cosponsor
- Byrd · Cosponsor
- Capito · Cosponsor
- Ben Queen · Cosponsor
- Boggs · Cosponsor
- Roger Hanshaw · Cosponsor
- Shott · Primary
- Jason Barrett · Cosponsor
- Foster · Cosponsor
- Nelson · Cosponsor
- Erica Moore · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 10 co-sponsors · 141 not signed on · 1 voted No
Sponsors (1)
- Shott
Co-sponsors (10)
- Harshbarger
- Byrd
- Capito
- Ben Queen Republican
- Boggs
- Roger Hanshaw Republican
- Jason Barrett Republican
- Foster
- Nelson
- Erica Moore Republican
Not signed on (141)
141 members have not signed on to this bill.
Show all 141 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 68 | 1 | 0 | 1 |
| Republican | 25 | 1 | 0 | 0 |
| Democrat | 4 | 0 | 0 | 0 |
| Total | 97 | 2 | 0 | 1 |
| % of votes cast | 97% | 2% | 0% | 1% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Atkinson | — | Yea |
| Deem | — | Not Voting |
| Ferro | — | Yea |
| Folk | — | Yea |
| Love | — | Yea |
| Lovejoy | — | Nay |
| Marcum | — | Yea |
| Rowan | — | Yea |
| Lane | — | Yea |
| Romine, C. | — | Yea |
| Romine, R. | — | Yea |
| Foster | — | Yea |
| Martin | — | Yea |
| Blair | — | Yea |
| Maynard | — | Yea |
| Sypolt | — | Yea |
| Thompson | — | Yea |
| Hartman | — | Yea |
| Nelson | — | Yea |
| Walters | — | Yea |
| Diserio | — | Yea |
| Phillips | — | Yea |
| Speaker Armstead | — | Yea |
| Evans, A. | — | Yea |
| Evans, E. | — | Yea |
| Brewer | — | Yea |
| Canestraro | — | Yea |
| Capito | — | Yea |
| Cowles | — | Yea |
| Espinosa | — | Yea |
| Fast | — | Yea |
| Graves | — | Yea |
| Hamrick | — | Yea |
| Hicks | — | Yea |
| Higginbotham | — | Yea |
| Hollen | — | Yea |
| Householder | — | Yea |
| Isner | — | Yea |
| Moye | — | Yea |
| Overington | — | Yea |
| Pack | — | Yea |
| Paynter | — | Yea |
| Pyles | — | Yea |
| Robinson | — | Yea |
| Rodighiero | — | Yea |
| Sponaugle | — | Yea |
| Storch | — | Yea |
| Summers | — | Yea |
| Upson | — | Yea |
| Wagner | — | Yea |
| Ambler | — | Yea |
| Bates | — | Yea |
| Boggs | — | Yea |
| Byrd | — | Yea |
| Caputo | — | Yea |
| Fleischauer | — | Yea |
| Frich | — | Yea |
| Harshbarger | — | Yea |
| Hill | — | Yea |
| Iaquinta | — | Yea |
| Kessinger | — | Yea |
| Longstreth | — | Yea |
| Lynch | — | Yea |
| Miley | — | Yea |
| Pethtel | — | Yea |
| Rowe | — | Yea |
| Shott | — | Yea |
| Sobonya | — | Yea |
| Westfall | — | Yea |
| Wilson | — | Yea |
| John Williams | Democrat | Yea |
| Mike Pushkin | Democrat | Yea |
| Sean Hornbuckle | Democrat | Yea |
| Shawn Fluharty | Democrat | Yea |
| Ben Queen | Republican | Yea |
| Betsy Kelly | Republican | Yea |
| Bill Hamilton | Republican | Yea |
| D. Rolland Jennings | Republican | Yea |
| Erica Moore | Republican | Yea |
| Gary G. Howell | Republican | Yea |
| George Miller | Republican | Yea |
| George Miller | Republican | Yea |
| Guy Ward | Republican | Yea |
| Jason Barrett | Republican | Yea |
| Jeff Campbell | Republican | Nay |
| Jeff Eldridge | Republican | Yea |
| Jim Butler | Republican | Yea |
| Joe Ellington | Republican | Yea |
| Joe Statler | Republican | Yea |
| Lisa White | Republican | Yea |
| Mark Dean | Republican | Yea |
| Mark Zatezalo | Republican | Yea |
| Marty Gearheart | Republican | Yea |
| Matthew Rohrbach | Republican | Yea |
| Pat McGeehan | Republican | Yea |
| Roger Hanshaw | Republican | Yea |
| Roy Cooper | Republican | Yea |
| Stanley Adkins | Republican | Yea |
| Vernon Criss | Republican | Yea |
| William Anderson | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 4357?
- HB 4357 is sponsored by Harshbarger, Byrd, Capito, Ben Queen (Republican), Boggs, Roger Hanshaw (Republican), Shott, Jason Barrett (Republican), Foster, Nelson, and Erica Moore (Republican).
- What is the current status of HB 4357?
- This bill died with 2018 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 4357?
- Track HB 4357 free on One Click Politics — get push/email alerts when it moves.
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