Wisconsin 2017-2018 Regular Session Status: Passed Assembly 2 R cosponsors

AB 348 — Relating to: limiting the authority of the state and political subdivisions to regulate wireless facilities and authorizing political subdivisions to impose setback requirements for certain mobile service support structures. (FE)

Last action — Available for scheduling

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

489 added · 443 removed

Plain-language change summary

The updated version of Assembly Bill 348 introduces stricter deadlines for the approval of permit applications related to wireless facilities. Specifically, permits for collocation must be approved or denied within 60 days, while those for new facilities have a 90-day limit. This change is significant because it ensures a faster and more efficient process for wireless infrastructure development, which can help improve service availability and connectivity for the public. Additionally, if the state fails to meet these deadlines, applicants can automatically consider their requests approved, further streamlining the process.

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- 2018 LEGISLATURE LRB-2103/2 MES&MDK:wlj ASSEMBLY BILL 348 May 25, 2017 - Introduced by Representatives K UGLITSCH , FIELDS, QUINN, MASON , TAUCHEN , EPNICK and R .B ROOKS , cosponsored by Senator C OWLES .
- 2018 LEGISLATURE LRB-3854/1 MES&MDK:wlj ENGROSSED 2017 ASSEMBLY BILL 348 June 23, 2017 - Printed by direction oENATE CHIEF CLERK .
Referred to Committee on Jobs and the Economy.
Analysis by the Legislative Reference Bureau This bill creates a regulatory framework for the state and political subdivisions (cities, villages, towns, and counties) for the deployment of wireless equipment and facilities, including the placement of such items in rights-of-way (ROW), the collocation of such facilities on existing poles and structures, the regulation of access to governmental structures by wireless services and infrastructure providers, and limitations on local authority to regulate such activities.
Analysis by the Legislative Reference Bureau Engrossment information:
The text of Engrossed 2017 Assembly Bill 348 consists of the following documents adopted in the assembly on June 21, 2017:
Assembly Substitute Amendment 1 as affected by Assembly Amendment 5, Assembly Amendment 16, and Assembly Amendment 18.
Contents of Engrossed 2017 Assembly Bill 348:
This bill creates a regulatory framework for the state and political subdivisions (cities, villages, towns, and counties) for the deployment of wireless equipment and facilities, including the placement of such items in rights-of-way (ROW), the collocation of such facilities on existing poles and structures, the regulation of access to governmental structures by wireless services and infrastructure providers, and limitations on local authority to regulate such activities.
1.
- 2018 Legislature - 2 - LRB-3854/1 MES&MDK:wlj ENGROSSED ASSEMBLY BILL 348 1.
Prohibits the state and political subdivisions from entering into an exclusive agreement with any person for the use of ROW or the construction, operation, or maintenance of wireless facilities, wireless support structures, or the collocation of small wireless facilities (collectively, wireless facilities and structures).
Prohibits the state and political subdivisions from entering into an exclusive agreement with any person for the use of ROW for the construction, operation, or maintenance of wireless facilities, wireless support structures, or for the collocation of small wireless facilities (collectively, wireless facilities and structures).
- 2018 Legislature - 2 - LRB-2103/2 MES&MDK:wlj ASSEMBLY BILL 348 2.
2.
Subject to a number of exceptions, and notwithstanding a political subdivision's zoning ordinances, authorizes a wireless provider to collocate wireless facilities and construct, modify, maintain, and operate (collectively, construct and operate) utility poles, wireless support structures, cable, and related appurtenances and facilities along, across, upon, and under ROW, provided such activity does not obstruct or hinder travel or public safety or impede other uses of ROW by communications service providers, public utilities, or cooperatives.
Subject to a number of exceptions, and notwithstanding a political subdivision's zoning ordinances, authorizes a wireless provider to collocate wireless facilities and construct, modify, maintain, and operate (collectively, construct and operate) utility poles, wireless support structures, cable, and related appurtenances and facilities along, across, upon, and under ROW, provided such activity does not obstruct or hinder travel, drainage, maintenance, or the public health or safety or impede other uses of ROW by communications service providers, public utilities, or cooperatives.
The bill imposes various time limits relating to the permit application and approval process.
The bill imposes various deadlines relating to the permit application and approval process.
Generally, permits for collocation involving construction, building, or encroachment must be approved or denied within 90 days of receipt, and permits for collocation that does not involve construction or installation of new wireless facilities and structures must be approved or denied within 60 days of receipt.
Generally, permits for collocation or replacement must be approved or denied within 60 days of receipt, and permits that LRB-3854/1 - 2018 Legislature - 3 - MES&MDK:wlj ENGROSSED ASSEMBLY BILL 348 involve new wireless facilities and structures must be approved or denied within 90 days of receipt.
If the state or a political subdivision misses a deadline for an application, the bill allows the applicant to consider the application approved.
LRB-2103/2 - 2018 Legislature - 3 - MES&MDK:wlj ASSEMBLY BILL 348 5.
5.
Allows the state and political subdivisions to require a permit application to collocate wireless facilities and construct and operate utility poles and wireless facilities and structures with regard to property that, on the effective date of the bill, is located in historic places or in an area that is used for the underground transmission or delivery of electrical power, heat, water, gas, sewer, or telecommunications equipment.
Authorizes a political subdivision to enact an ordinance to prohibit, in a nondiscriminatory way, a communications service provider from installing structures in the ROW of a historic district or an area in which underground utilities are located, except that the ordinance may not prohibit collocations or the replacement of existing structures.
In addition, such an ordinance had to have been in effect on or before January 1, 2014.
Defines “utility pole for designated services” (UPDS) as a utility pole owned or operated in a ROW by the state or a political subdivision, a utility district, or a cooperative association.
Defines “utility pole for designated services” (UPDS) as a utility pole owned or operated in a ROW by the state or a political subdivision or a utility district.
Prohibits a person who owns or controls a governmental pole or UPDS from entering into an exclusive arrangement with any person for the right to attach to or use such poles, and prohibits the owner of such poles from imposing fees or charges for the use of the poles that discriminate based on the type of collocation provided by the person who contracts to use the poles.
Prohibits a person who owns or controls a governmental pole or UPDS from entering into an exclusive arrangement with any person for the right to attach to or - 2018 Legislature - 4 - LRB-3854/1 MES&MDK:wlj ENGROSSED ASSEMBLY BILL 348 use such poles, and prohibits the owner of such poles from imposing fees or charges for the use of the poles that discriminate based on the type of collocation provided by the person who contracts to use the poles.
Limits the rate an owner of a UPDS may charge to collocate on the pole to $100 per year per pole.
Provides that the rate a political subdivision may charge for collocating a small wireless facility on a UPDS is governed by agreement between the political subdivision and a wireless provider and provides that, if no agreement is reached, the rate is subject to the Public Service Commission's authority under current law.
- 2018 Legislature - 4 - LRB-2103/2 MES&MDK:wlj ASSEMBLY BILL 348 5.
5.
Subject to a number of conditions, limits the rate an owner of a governmental pole charges another person to collocate on the pole to an amount that is sufficient to recover the owner's actual, direct, and reasonable costs, subject to the limit specified in item 4.
Subject to a number of conditions, limits the rate an owner of a governmental pole, other than a UPDS, charges another person to collocate on the pole to an amount that is sufficient to recover the owner's actual, direct, and reasonable costs, subject to a maximum of $100 per pole per year.
Provides that if collocation rates charged on the effective date of the bill by a person who owns or controls a governmental pole or UPDS are inconsistent with the rates specified in the bill, the pole owner must revise its rates to be in compliance with the rates specified in the bill, not later than the first day of the seventh month beginning after the bill takes effect.
Specifies deadlines for the state and political subdivisions to make available rates, fees, and terms for collocation of small wireless facilities on governmental poles that comply with the bill's requirements and to amend existing agreements relating to collocation in the ROW.
Provides that a person who owns or controls a governmental pole or UPDS may not require more make-ready work than required to meet applicable codes or industry standards, and prohibits fees for make-ready work from including costs related to preexisting conditions, prior damage, or noncompliance with current standards.
Provides that a person who owns or controls a governmental pole other than a UPDS may not require more make-ready work than required to meet applicable codes or industry standards, and prohibits fees for make-ready work from including costs related to preexisting conditions, prior damage, or noncompliance with current standards.
Limits regulatory authority over the placement or operation of communications facilities in a ROW by entities authorized to operate in the ROW on the bill's effective date or by the wireless provider affiliates of such entities.
4.
Indemnification In general, the bill requires a wireless provider to indemnify and hold harmless a political subdivision for any liability and loss from personal injury or property damage that results from the use or occupancy of ROW by the wireless provider, and requires a wireless provider to waive any claims it may have against a political subdivision with respect to damages, however caused, based on the theory of liability.
Indemnification In general, the bill requires a wireless provider to indemnify and hold harmless a political subdivision for any liability and loss from personal injury or property damage that results from the use or occupancy of ROW by the wireless provider, and LRB-3854/1 - 2018 Legislature - 5 - MES&MDK:wlj ENGROSSED ASSEMBLY BILL 348 requires a wireless provider to waive any claims it may have against a political subdivision with respect to damages, however caused, based on the theory of liability.
Contracts If a person is affected by a contract that is in effect on the effective date of the bill, and the contract contains provisions inconsistent with provisions in the bill related to rates and fees for the use of ROW or charges for the use of a governmental pole or a UPDS, the person may follow the terms of the contract until the contract expires.
Setback requirements for a mobile service support structure Generally, under current law, a political subdivision may not impose a setback requirement for a mobile service support structure.
LRB-2103/2 - 2018 Legislature - 5 - MES&MDK:wlj ASSEMBLY BILL 348 Setback requirements for a mobile service support structure Generally, under current law, a political subdivision may not impose a setback requirement for a mobile service support structure.
Under the bill, a requirement could apply only to a structure that is constructed on land that is zoned for only single-family residential use.
Under the bill, a requirement could apply only to a structure that is constructed on land that is zoned for only single-family residential use or on adjacent land.
The bill also provides, however, that a setback requirement does not apply to an existing or new utility pole, or wireless support structure that supports small wireless facilities, if the pole or facility meets the height limitations specified in the bill for such a pole or facility.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
(b) A setback requirement may apply only to a mobile service support structure that is constructed on a parcel of land that is subject to a zoning ordinance that permits only single-family residential use on that parcel.
(b) A setback requirement may apply only to a mobile service support structure that is constructed on or adjacent to a parcel of land that is subject to a zoning ordinance that permits only single-family residential use on that parcel.
(c) A setback requirement may create a setback only from the lot line of a parcel that is zoned for only single-family residential use or for which only single-family residential use is a permitted use.
A setback requirement does not apply to an existing or new utility pole, or wireless support structure in a right-of-way that supports a small wireless facility, if the pole or facility meets the height limitations in s.
- 2018 Legislature - 6 - LRB-2103/2 MES&MDK:wlj ASSEMBLY BILL 348 SECTION 1 (d) A setback requirement must be based on the height of the proposed mobile service support structure, and the setback requirement may not be a distance that is greater than the height of the proposed structure and, subject to par.
66.0414 (2) (e) 2.
and 3.
- 2018 Legislature - 6 - LRB-3854/1 MES&MDK:wlj ENGROSSED ASSEMBLY BILL 348 S ECTION 1 (c) The setback requirement under par.
(b) for a mobile service support structure on a parcel shall be measured from the lot lines of other adjacent and non-adjacent parcels zoned for only single-family residential use or for which only single-family residential use is a permitted use.
(d) A setback requirement must be based on the height of the proposed mobile service support structure, and the setback requirement may not be a distance that is greater than the height of the proposed structure and, subject to par.
SECTION 2.
S ECTION 2.
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(1) EFINITIONS.In this section:
(1) DEFINITIONS.In this section:
(d) “Application” means an application for a permit under this section to collocate a small wireless facility or to install or modify a utility pole or wireless support structure.
LRB-3854/1 - 2018 Legislature - 7 - MES&MDK:wlj SECTION 2 ENGROSSED ASSEMBLY BILL 348 (d) “Application” means an application for a permit under this section to collocate a small wireless facility or to install or modify a utility pole or wireless support structure.
LRB-2103/2 - 2018 Legislature - 7 - MES&MDK:wlj SECTION 2 ASSEMBLY BILL 348 (e) “Collocate” or “collocation” means the placement, mounting, replacement, modification, operation, or maintenance of a wireless facility on or adjacent to a wireless support structure or utility pole.
(e) “Collocate” or “collocation” means the placement, mounting, replacement, modification, operation, or maintenance of a wireless facility on or adjacent to a wireless support structure or utility pole.
(n) “Right-of-way” means the area on, below, or above a highway, as defined in s.
- 2018 Legislature - 8 - LRB-3854/1 MES&MDK:wlj ENGROSSED ASSEMBLY BILL 348 SECTION 2 (n) “Right-of-way” means the area on, below, or above a highway, as defined in s.
utility easement;
utility easement, other than a utility easement for a cooperative association organized under ch.
- 2018 Legislature - 8 - LRB-2103/2 MES&MDK:wlj ASSEMBLY BILL 348 SECTION 2 or other similar property, including property owned or controlled by the department of transportation.
185 for purposes of providing or furnishing heat, light, power, or water to its members only;
or other similar property, including property owned or controlled by the department of transportation.
“Utility pole” does not include poles owned or operated by an investor-owned electric utility.
(q) “Utility pole for designated services” means a utility pole owned or operated in a right-of-way by the state, a political subdivision, or a utility district that is designed to, or used to, carry electric distribution lines, or cables or wires for telecommunications, cable, or electric service.
(q) “Utility pole for designated services” means a utility pole owned or operated in a right-of-way by the state or a political subdivision, a utility district, a cooperative association organized under ch.
LRB-3854/1 - 2018 Legislature - 9 - MES&MDK:wlj SECTION 2 ENGROSSED ASSEMBLY BILL 348 (r) “Wireless facility” means equipment at a fixed location that enables wireless service between user equipment and a wireless network, not including the structure or improvements on, under, or within which the equipment is collocated.
185 for purposes of producing or furnishing electricity to its members only that is designed to, or used to, carry electric distribution lines, or cables or wires for telecommunications, cable, or electric service.
LRB-2103/2 - 2018 Legislature - 9 - MES&MDK:wlj SECTION 2 ASSEMBLY BILL 348 (r) “Wireless facility” means equipment at a fixed location that enables wireless service between user equipment and a wireless network, not including the structure or improvements on, under, or within which the equipment is collocated.
- 2018 Legislature - 10 - LRB-2103/2 MES&MDK:wlj ASSEMBLY BILL 348 S ECTION 2 (y) “Wireline backhaul service” means the transport of communications services by wire from wireless facilities to a network.
- 2018 Legislature - 10 - LRB-3854/1 MES&MDK:wlj ENGROSSED ASSEMBLY BILL 348 S ECTION 2 (y) “Wireline backhaul service” means the transport of communications services by wire from wireless facilities to a network.
Neither the state nor a political subdivision may enter into an exclusive arrangement with any person for the use of a right-of-way or the construction, operation, marketing, or maintenance of wireless facilities, wireless support structures, or the collocation of small wireless facilities.
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, or maintenance of wireless facilities, wireless support structures, or for the collocation of small wireless facilities.
The fee or rate must be competitively neutral with regard to other users of the right-of-way.
Except as provided in par.
(d), the fee or rate must be competitively neutral with regard to other users of the right-of-way.
LRB-2103/2 - 2018 Legislature - 11 - MES&MDK:wlj SECTION 2 ASSEMBLY BILL 348 5.
LRB-3854/1 - 2018 Legislature - 11 - MES&MDK:wlj SECTION 2 ENGROSSED ASSEMBLY BILL 348 5.
If the state or a political subdivision charges a wireless provider a fee or rate for the use of a right-of-way on the effective date of this paragraph ....
1.
[LRB inserts date], that is inconsistent with par.
Except as provided in subd.
(c), the state or political subdivision shall revise its fee or rate to be in compliance with par.
2., by the later of the first day of the 7th month beginning after the effective date of this subdivision ....
(c) not later than the first day of the 7th month beginning after the effective date of this paragraph ....
[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 make available, through ordinance or otherwise, rates, fees, and terms for such access that comply with this subsection.
[LRB inserts date].
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.
and (4), and notwithstanding any zoning ordinance enacted by a political subdivision under s.
and (4), and notwithstanding ss.
59.69, 60.61, or 62.23, a wireless provider shall have the right to collocate wireless facilities and construct, modify, maintain, and operate utility poles, wireless support structures, conduit, cable, and related appurtenances and facilities along, across, upon, and under a right-of-way.Such facilities and structures may not obstruct or hinder travel or public safety on or around the right-of-way, or obstruct the legal use of the right-of-way by other communications providers, public utilities, or cooperative associations organized under ch.
182.017 and 196.58 and any zoning ordinance enacted by a political subdivision under s.
185 for the purpose of producing or furnishing heat, light, power, or water to their members only.
59.69, 60.61, or 62.23, a wireless provider shall have the right to collocate wireless facilities and construct, modify, maintain, and operate utility poles, wireless support structures, conduit, cable, and related appurtenances and facilities along, across, upon, and under a right-of-way.
Such facilities and structures may not obstruct or hinder travel, drainage, maintenance, or the public health, safety, and general welfare on or around the - 2018 Legislature - 12 - LRB-3854/1 MES&MDK:wlj ENGROSSED ASSEMBLY BILL 348 SECTION 2 right-of-way, or obstruct the legal use of the right-of-way for other communications providers, public utilities, cooperative associations organized under ch.
185 for the purpose of producing or furnishing heat, light, power, or water to their members only, or pipes or pipelines transmitting liquid manure.
- 2018 Legislature - 12 - LRB-2103/2 MES&MDK:wlj ASSEMBLY BILL 348 SECTION 2 b.
b.
[LRB inserts date].
[LRB inserts date], and that is located in the same right-of-way.
1., a political subdivision may propose an alternate location within 50 feet of the proposed location, which the wireless provider shall use if it has the right to use the alternate structure on reasonable terms and conditions and the alternate location does not impose technical limits or additional costs, as determined by the wireless provider.
1., a political subdivision may propose an alternate location within 50 feet of the proposed location, which the LRB-3854/1 - 2018 Legislature - 13 - MES&MDK:wlj S ECTION 2 ENGROSSED ASSEMBLY BILL 348 wireless provider shall use if it has the right to use the alternate structure on reasonable terms and conditions and the alternate location does not impose technical limits or additional costs, as determined by the wireless provider.
If the wireless provider fails to make the required repairs within a reasonable amount of time after receiving a written request to do so from LRB-2103/2 - 2018 Legislature - 13 - MES&MDK:wlj S ECTION 2 ASSEMBLY BILL 348 the state or a political subdivision, the state or political subdivision may make the necessary repairs and charge the liable party for the cost of the repairs.
If the wireless provider fails to make the required repairs within a reasonable amount of time after receiving a written request to do so from the state or a political subdivision, the state or political subdivision may make the necessary repairs and charge the liable party for the cost of the repairs.
(c) Permits.
- 2018 Legislature - 14 - LRB-3854/1 MES&MDK:wlj ENGROSSED ASSEMBLY BILL 348 S ECTION 2 (c) Permits.
3., the state or a political subdivision may require an application for a permit to collocate a small wireless facility and to construct, modify, maintain, or operate a new or replacement utility pole or wireless support structure, provided such permit is of general applicability and does not apply exclusively to wireless facilities.All of the following apply to such permit applications filed by an applicant:
3., the state or a political subdivision may require an application for a permit to collocate a small wireless facility and to construct, modify, maintain, or operate a new or replacement utility pole or wireless support structure, provided such permit is of general applicability and does not apply exclusively to wireless facilitiesAll of the following apply to such permit applications filed by an applicant:
Neither the state nor a political subdivision may require an applicant that is a wireless provider to provide more information in its permit application than such - 2018 Legislature - 14 - LRB-2103/2 MES&MDK:wlj ASSEMBLY BILL 348 SECTION 2 a governmental unit requires from a communications service provider that is not a wireless provider and that applies for the same type of permit.
Neither the state nor a political subdivision may require an applicant that is a wireless provider to provide more information in its permit application than such a governmental unit requires from a communications service provider that is not a wireless provider and that applies for the same type of permit.
Except as provided in subd.
If a permit application involves a new utility pole or wireless support structure, and the state or a political subdivision fails to approve or deny the permit application under this section not later than 90 days after its receipt, the applicant may consider its permit application approved.
1.
e., with regard to any type of construction, building, or encroachment permit required by a political subdivision that relates to a collocation conducted under this subsection, if the state or a political subdivision fails to approve or deny a permit application under this section not later than 90 days after its receipt, the applicant may consider its permit application approved.
If a permit described in subd.
If a permit application proposes to collocate wireless facilities to an existing utility pole or wireless support structure, or replace an existing utility pole or wireless support structure, and the state or a political subdivision fails to approve or deny the permit application under this section not later than 60 days after its receipt, the applicant may consider its permit application approved.
LRB-3854/1 - 2018 Legislature - 15 - MES&MDK:wlj SECTION 2 ENGROSSED ASSEMBLY BILL 348 f.
If there is any type of construction, building, or encroachment permit required by a political subdivision that relates to a permit under subd.
does not relate to collocation involving the construction or installation of new wireless facilities, utility poles, wireless support structures, conduits, cables, or related appurtenances and facilities described in sub.
or e., and the political subdivision fails to approve or deny that permit application within the specified 60-day or 90-day time frame, the applicant may consider its permit application approved.
(2) (e) 1., and the political subdivision fails to approve or deny the permit application under this section not later than 60 days after its receipt, the applicant may consider its permit application approved.
g.
f.
LRB-2103/2 - 2018 Legislature - 15 - MES&MDK:wlj SECTION 2 ASSEMBLY BILL 348 g.
An applicant seeking to collocate more than one small wireless facility within the jurisdiction of a single political subdivision may, at the applicant's discretion, file a consolidated application and receive a single permit for the collocation of multiple small wireless facilities.
If an applicant's permit application is approved, the applicant shall commence the activity authorized by the permit no later than 365 days after its receipt and shall pursue work on the activity until completion.
An applicant may file a consolidated permit application to collocate up to 30 small wireless facilities, or a greater number if agreed to by a political subdivision, provided that all the small wireless facilities in the application consist of substantially similar equipment and are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, a political subdivision may approve a permit for some small wireless facilities and deny a permit for others, but the political subdivision may not use the denial of one or more permits as a basis to deny permits for all of the small wireless facilities in the application.
i.
If an applicant's permit application is approved, the applicant shall commence the activity authorized by the permit no later than 365 days after its - 2018 Legislature - 16 - LRB-3854/1 MES&MDK:wlj ENGROSSED ASSEMBLY BILL 348 S ECTION 2 receipt and shall pursue work on the activity until completion.
The state or a political subdivision may require an application for a permit to collocate wireless facilities and construct, modify, maintain, and operate utility poles, wireless support structures, conduit, cable, and related appurtenances and facilities on property to which any of the following applies:
A political subdivision may enact an ordinance to prohibit, in a nondiscriminatory way, a communications service provider from installing structures in the right-of-way of a historic district or an underground district, except that the ordinance may not prohibit collocations or the replacement of existing structures.
a.
In this subdivision, a historic district is an area designated as historic by the political subdivision, listed on the national register of historic places in Wisconsin, or listed on the state register of historic places.
As of the effective date of this subd.
In this subdivision, an underground district is an area designated by the political subdivision in which any pipe, pipeline, duct, wire, line, conduit, or other equipment, which is used for the transmission, distribution, or delivery of electrical power, heat, water, gas, sewer, or telecommunications equipment, is located underground.
4.
This subdivision applies only to ordinances enacted on or before January 1, 2014.
a.
LRB-3854/1 - 2018 Legislature - 17 - MES&MDK:wlj SECTION 2 ENGROSSED ASSEMBLY BILL 348 (d) Application fees.
....
[LRB inserts date], the property is located within a historic district, as designated by a political subdivision;
listed on - 2018 Legislature - 16 - LRB-2103/2 MES&MDK:wlj ASSEMBLY BILL 348 SECTION 2 the national register of historic places in Wisconsin;
or listed on the state register of historic places.
b.
As of the effective date of this subd.
4.
b.
....
[LRB inserts date], the property is located in an area in which any pipe, pipeline, duct, wire, line, conduit, or other equipment, which is used for the transmission, distribution, or delivery of electrical power, heat, water, gas, sewer, or telecommunications equipment, is located underground.
(d) Application fees.
LRB-2103/2 - 2018 Legislature - 17 - MES&MDK:wlj SECTION 2 ASSEMBLY BILL 348 b.
b.
The replacement of a wireless facility with a wireless facility that is substantially similar to, or the same size or smaller than, the existing wireless facility, except that the governmental unit may require the person seeking to replace the wireless facility to obtain a permit to work within a right-of-way to complete such a replacement.
The replacement of a wireless facility with a wireless facility that is substantially similar to, or the same size or smaller than, the existing wireless - 2018 Legislature - 18 - LRB-3854/1 MES&MDK:wlj ENGROSSED ASSEMBLY BILL 348 SECTION 2 facility, except that the governmental unit may require the person seeking to replace the wireless facility to obtain a permit to work within a right-of-way to complete such a replacement.
- 2018 Legislature - 18 - LRB-2103/2 MES&MDK:wlj ASSEMBLY BILL 348 SECTION 2 3.
The rate an owner of a utility pole for designated services charges another person to collocate on the owner's pole may not exceed $100 per year per pole.
4.
The rate an owner of a governmental pole charges another person to collocate on the owner's pole shall be sufficient to recover the actual, direct, and reasonable costs related to the applicant's application for, and use of, space on the pole, except that the total annual rate for a collocation and any related activities may not exceed the lesser of the actual, direct, and reasonable costs related to the collocation or the amount specified in subd.
The rate a political subdivision may charge a wireless provider to collocate a small wireless facility on a utility pole for designated services owned or operated by the political subdivision shall be governed by an agreement between the political subdivision and the wireless provider.
If there is a failure to agree on the rate, the public service commission shall determine the compensation pursuant to the procedures in s.
196.04 and the determination shall be reviewable under s.
196.41.
4.
The rate an owner of a governmental pole other than a utility pole for designated services charges another person to collocate on the owner's pole shall be LRB-3854/1 - 2018 Legislature - 19 - MES&MDK:wlj SECTION 2 ENGROSSED ASSEMBLY BILL 348 sufficient to recover the actual, direct, and reasonable costs related to the applicant's application for, and use of, space on the pole, except that the total annual rate for a collocation and any related activities may not exceed the lesser of the actual, direct, and reasonable costs related to the collocation or $100 per year per pole.
If a person owning or controlling a governmental pole or a utility pole for designated services charges any person a fee or rate for a service described under subd.
a.
2., 3., or 4.
Except as provided in subd.
on the effective date of this subdivision ....
5.
[LRB inserts date], that is inconsistent with the fees or rates described under subds.
b., by the later of the first day of the 7th month beginning after the effective date of this subd.
2., 3., and 4., the person owning such a pole shall revise its fee or rate to be in compliance with those subdivisions not later than the first day of the 7th month beginning after the effective date of this subdivision ....
5.
[LRB inserts date].
a.
....
[LRB inserts date], or 3 months after receiving its first request to collocate a small wireless facility on a governmental pole, other than a utility pole for designated services, the state or a political subdivision shall make available, through ordinance or otherwise, rates, fees, and terms for the collocation of small wireless facilities on governmental poles that comply with this subsection.
b.
Agreements between a wireless provider and the state or a political subdivision that are in effect on the effective date of this subd.
5.
b.
....
[LRB inserts date], and that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on governmental poles, 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 subd.
5.
b.
....
[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.
With regard to a governmental pole that supports aerial cables used for video, communications, or electric service, and with regard to utility poles for designated services, the parties shall comply with the process for make-ready work under 47 USC 224 and its implementing regulations.
With regard to a governmental pole that supports aerial cables used for video, communications, or electric service, and with regard to utility poles for - 2018 Legislature - 20 - LRB-3854/1 MES&MDK:wlj ENGROSSED ASSEMBLY BILL 348 SECTION 2 designated services, the parties shall comply with the process for make-ready work under 47 USC 224 and its implementing regulations, including 47 CFR 1.1420 and 1.1422.
LRB-2103/2 - 2018 Legislature - 19 - MES&MDK:wlj SECTION 2 ASSEMBLY BILL 348 7.
7.
A person owning or controlling a governmental pole or a utility pole for designated services may not require more make-ready work than required to meet applicable codes or industry standards.
A person owning or controlling a governmental pole other than a utility pole for designated services may not require more make-ready work than required to meet applicable codes or industry standards.
The state or a political subdivision shall authorize the collocation of small wireless facilities on wireless support structures and utility poles owned or operated by a governmental unit that are not located within the right-of-way to the same extent that the governmental unit permits access to such structures for other commercial projects or uses.
The state or a political subdivision shall authorize the collocation of small wireless facilities on wireless support structures and utility poles owned or operated by a governmental unit that are not located within the right-of-way to the same extent that the governmental unit permits access to such LRB-3854/1 - 2018 Legislature - 21 - MES&MDK:wlj SECTION 2 ENGROSSED ASSEMBLY BILL 348 structures for other commercial projects or uses.
(5) LOCAL AUTHORITY.(a) Subject to the provisions of this section and applicable federal law, and except as provided under par.
(5) LOCAL AUTHORITY.
(b), a political subdivision may - 2018 Legislature - 20 - LRB-2103/2 MES&MDK:wlj ASSEMBLY BILL 348 SECTION 2 exercise zoning, land use, planning, and permitting authority with respect to wireless support structures and utility poles.
(a) Subject to the provisions of this section, ss.
182.017 and 196.58, and applicable federal law, and except as provided under par.
(b), a political subdivision may exercise zoning, land use, planning, and permitting authority with respect to wireless support structures and utility poles.
(c) Except as provided in this section or required by federal law, a political subdivision may not adopt or enforce any regulation on the placement or operation of communications facilities in a right-of-way where an entity is authorized on the effective date of this paragraph ....
(c) 1.
[LRB inserts date], to operate in the right-of-way, or its wireless provider affiliate, and may not regulate or impose or collect fees on communications services except to the extent specifically provided for in that authorization, and unless expressly required by state or federal statute.
In this paragraph, “affiliate” means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, another person.
(6) DISPUTE RESOLUTION.A court of competent jurisdiction shall determine all disputes arising under this section.
2.
Except as provided in this section or required by federal law, a political subdivision may not adopt or enforce any regulation on the placement or operation of communications facilities in a right-of-way, or regulate, impose, or collect fees on communication services in a right-of-way, that are provided by an entity authorized on the effective date of this subdivision ....
[LRB inserts date], to operate in the right-of-way, or by that entity's wireless provider affiliate, and may not regulate or impose or collect fees on communications services except to the extent specifically provided for in that authorization, and unless expressly required by state or federal statute.
- 2018 Legislature - 22 - LRB-3854/1 MES&MDK:wlj ENGROSSED ASSEMBLY BILL 348 SECTION 2 (6) D ISPUTE RESOLUTION.
Except as provided in sub.
(4) (a) 3., and notwithstanding ss.
182.017 (8) (a) and 196.58 (4) (a), a court of competent jurisdiction shall determine all disputes arising under this section.
Pending the resolution of a dispute concerning rates for collocation of small wireless facilities on government poles or utility poles for designated services, the person owning or controlling the pole shall allow the collocating person to collocate on its poles, at LRB-2103/2 - 2018 Legislature - 21 - MES&MDK:wlj SECTION 2 ASSEMBLY BILL 348 annual rates of no more than $20 per year per pole, with rates to be reconciled and adjusted upon final resolution of the dispute.
Pending the resolution of a dispute concerning rates for collocation of small wireless facilities on government poles or utility poles for designated services, the person owning or controlling the pole shall allow the collocating person to collocate on its poles, at annual rates of no more than $20 per year per pole, with rates to be reconciled and adjusted upon final resolution of the dispute.
(7) INDEMNIFICATION.A wireless provider shall indemnify and hold harmless a political subdivision against any and all liability and loss from personal injury or property damage resulting from or arising out of, in whole or in part, the use or occupancy of rights-of-way by the wireless provider or its employees, agents, or contractors arising out of the rights and privileges granted under this section.
(7) NDEMNIFICATION.
A wireless provider shall indemnify and hold harmless a political subdivision against any and all liability and loss from personal injury or property damage resulting from or arising out of, in whole or in part, the use or occupancy of rights-of-way by the wireless provider or its employees, agents, or contractors arising out of the rights and privileges granted under this section.
Nothing in this section replaces or supersedes contractual obligations or federal laws regarding utility poles that relate to wireless providers and investor-owned electric utilities.
Nothing in this section adds to, replaces, or supersedes federal laws regarding utility poles owned by investor-owned electric LRB-3854/1 - 2018 Legislature - 23 - MES&MDK:wlj SECTION 2 ENGROSSED ASSEMBLY BILL 348 utilities nor shall this section impose or otherwise affect any rights, controls, or contractual obligations investor-owned electric utilities may establish with respect to their utility poles.
SECTION 3.0Nonstatutory provisions.
(9) PRIVATE PROPERTY OWNERS.
(1) If a person is affected by a contract that is in effect on the effective date of this subsection and that contains provisions that are inconsistent with section 66.0414 (2) (d) or (4) (a) 5.
Nothing in this section is intended to authorize a person to place, maintain, modify, operate, or replace a privately owned utility pole or wireless support structure or to collocate small wireless facilities on a privately owned utility pole, a privately owned wireless support structure, or other private property without the consent of the property owner.
of the statutes but that are not inconsistent with any applicable law in effect immediately before the effective date of this subsection, then, notwithstanding section 66.0414 (2) (d) or (4) (a) 5.
S ECTION 3.Initial applicability.
of the statutes, the person may perform its obligations, and exercise its rights, under those provisions of the contract until the contract expires.
(1) The treatment of section 66.0404 (4e) of the statutes first applies to an application for a building permit, or any other kind of permit, to construct a new, or substantially modify an existing, mobile service support structure that is filed with a political subdivision on January 1, 2018.
SECTION 4.0Initial applicability.
- 2018 Legislature - 22 - LRB-2103/2 MES&MDK:wlj ASSEMBLY BILL 348 S ECTION4 (1) The treatment of section 66.0404 (4e) of the statutes first applies to an application for a building permit, or any other kind of permit, to construct a new, or substantially modify an existing, mobile service support structure that is filed with a political subdivision on January 1, 2018.
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Action History

  1. Available for scheduling

  2. Report concurrence as amended recommended by Committee on Elections and Utilities, Ayes 4, Noes 1

  3. Report adoption of Senate Substitute Amendment 1 recommended by Committee on Elections and Utilities, Ayes 4, Noes 1

  4. Report adoption of Senate Amendment 2 to Senate Substitute Amendment 1 recommended by Committee on Elections and Utilities, Ayes 5, Noes 0

  5. Executive action taken

  6. Senate Amendment 7 to Senate Substitute Amendment 1 offered by Senator Risser

  7. Senate Amendment 6 to Senate Substitute Amendment 1 offered by Senators Risser and Miller

  8. Senate Amendment 5 to Senate Substitute Amendment 1 offered by Senators Risser and Miller

  9. Senate Amendment 4 to Senate Substitute Amendment 1 offered by Senator Risser

  10. Senate Amendment 3 to Senate Substitute Amendment 1 offered by Senator Risser

  11. Senate Amendment 2 to Senate Substitute Amendment 1 offered by Senator LeMahieu

  12. Public hearing held

  13. Senate Amendment 1 to Senate Substitute Amendment 1 offered by Senator LeMahieu

  14. Read first time and referred to committee on Elections and Utilities

  15. Senate Substitute Amendment 1 offered by Senator LeMahieu

  16. LRB correction (Assembly Amendment 16 to Assembly Substitute Amendment 1)

  17. Printed engrossed by the direction of the Senate Chief Clerk-3854

  18. Received from Assembly

  19. Ordered immediately messaged

  20. Representative Barca added as a coauthor

  21. Read a third time and passed

  22. Rules suspended

  23. Ordered to a third reading

  24. Assembly Substitute Amendment 1 adopted

  25. Assembly Amendment 23 to Assembly Substitute Amendment 1 laid on table, Ayes 62, Noes 35

  26. Assembly Amendment 23 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad, Bowen, Brostoff, Hebl, Sinicki, Subeck, Zamarripa and Zepnick

  27. Assembly Amendment 22 to Assembly Substitute Amendment 1 laid on table, Ayes 62, Noes 35

  28. Assembly Amendment 22 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad and Hebl

  29. Assembly Amendment 21 to Assembly Substitute Amendment 1 laid on table, Ayes 62, Noes 35

  30. Assembly Amendment 21 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad, Berceau, Crowley, Doyle, Hebl, Hesselbein, Meyers, Pope, Subeck and Vruwink

  31. Assembly Amendment 20 to Assembly Substitute Amendment 1 laid on table, Ayes 62, Noes 35

  32. Assembly Amendment 20 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad, Barca, Berceau, Crowley, Hebl, Hesselbein, Meyers, Sinicki, Subeck, Vruwink, Zamarripa and Zepnick

  33. Assembly Amendment 19 to Assembly Substitute Amendment 1 laid on table, Ayes 62, Noes 35

  34. Assembly Amendment 19 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad, Barca, Hebl, Hesselbein, Sinicki, Subeck and Zepnick

  35. Assembly Amendment 18 to Assembly Substitute Amendment 1 adopted

  36. Assembly Amendment 17 to Assembly Substitute Amendment 1 withdrawn and returned to author

  37. Assembly Amendment 16 to Assembly Substitute Amendment 1 adopted

  38. Assembly Amendment 5 to Assembly Substitute Amendment 1 adopted

  39. Read a second time

  40. Assembly Amendment 18 to Assembly Substitute Amendment 1 offered by Representative Kuglitsch

  41. Assembly Amendment 17 to Assembly Substitute Amendment 1 offered by Representative Kuglitsch

  42. Placed on calendar 6-21-2017 by Committee on Rules

  43. Fiscal estimate received

  44. Referred to committee on Rules

  45. Report passage as amended recommended by Committee on Jobs and the Economy, Ayes 9, Noes 2

  46. Report Assembly Substitute Amendment 1 adoption recommended by Committee on Jobs and the Economy, Ayes 9, Noes 2

  47. Report Assembly Amendment 16 to Assembly Substitute Amendment 1 adoption recommended by Committee on Jobs and the Economy, Ayes 11, Noes 0

  48. Report Assembly Amendment 5 to Assembly Substitute Amendment 1 adoption recommended by Committee on Jobs and the Economy, Ayes 11, Noes 0

  49. Representative Neylon added as a coauthor

  50. Executive action taken

  51. Assembly Amendment 16 to Assembly Substitute Amendment 1 offered by Representative Kuglitsch

  52. Assembly Amendment 15 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad and Crowley

  53. Assembly Amendment 14 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad and Crowley

  54. Assembly Amendment 13 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad and Crowley

  55. Assembly Amendment 12 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad and Crowley

  56. Assembly Amendment 11 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad and Crowley

  57. Assembly Amendment 10 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad and Crowley

  58. Assembly Amendment 9 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad and Crowley

  59. Assembly Amendment 8 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad and Crowley

  60. Assembly Amendment 7 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad and Crowley

  61. Assembly Amendment 6 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad and Crowley

  62. Assembly Amendment 5 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad and Crowley

  63. Assembly Amendment 4 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad and Crowley

  64. Assembly Amendment 3 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad and Crowley

  65. Assembly Amendment 2 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad and Crowley

  66. Assembly Amendment 1 to Assembly Substitute Amendment 1 offered by Representatives Ohnstad and Crowley

  67. Assembly Substitute Amendment 1 offered by Representative Kuglitsch

  68. Representative Tusler added as a coauthor

  69. Public hearing held

  70. Read first time and referred to Committee on Jobs and the Economy

  71. Introduced by Representatives Kuglitsch, Fields, Quinn, Mason, Tauchen, Zepnick and R. Brooks; cosponsored by Senator Cowles

Sponsors

  • Fields · Primary
  • Kuglitsch · Primary
  • Zepnick · Primary
  • Mason · Primary
  • Romaine Quinn · Primary
  • Tauchen · Primary
  • Robert Brooks · Primary

Sponsorship breakdown

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7 sponsors · 0 co-sponsors · 125 not signed on

Sponsors (7)

Co-sponsors (0)

None.

Not signed on (125)

125 members have not signed on to this bill.

Show all 125 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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transportation technology
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Frequently asked questions

Who sponsors AB 348?
AB 348 is sponsored by Fields, Kuglitsch, Zepnick, Mason, Quinn, Romaine (Republican), Tauchen, and Brooks, Robert (Republican).
What is the current status of AB 348?
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” 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 AB 348?
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