SB 14 — WIRELESS CONSUMER ADVANCED INFRASTRUCTURE

"wireless infrastructure provider" means a u [ person, other than a wireless services provider, that may .210262.1 - 5 - SJC/SB 14 provide telecommunications service in New Mexico and that builds or installs wireless communications transmission equipment, wireless facilities' utility poles or wireless support structures;

SJC/SB 14 Page 5 V.

"wireline backhaul facility" means a facility used to transport services by wire from a wireless facility to e e 17 a network.

e e n d 18 SECTION 3.

[NEW MATERIAL ] WIRELESS PROVIDER--USE OF RIGHT = = l ] 19 OF WAY--RATES, FEES AND TERMS--RIGHT TO ACCESS--DAMAGE AND a l r i 20 REPAIR.-- t e a t A.

This section applies to the activities of a m m 21 e d wireless provider within a right of way.

r e 22 c e r c 23 B.

An authority shall not enter into an exclusive e a n b 24 agreement with a wireless provider for the use of a right of u [ way in:

.210262.1 - 6 - SJC/SB 14 (1) constructing, installing, maintaining, modifying, operating or replacing a utility pole;

SJC/SB 14 Page 6 (1) the authority otherwise may, under law, charge the rate or fee;

(a) is competitively neutral as compared e e 17 to other users, if any, of the right of way, unless the other e e n d 18 users are exempt under law from paying a rate or fee for their = = l ] 19 use of the right of way;

a l r i 20 (b) is not in the form of a franchise or t e a t other fee based on revenue or customer counts;

m m 21 e d (c) is reasonable and nondiscriminatory;

r e 22 c e r c 23 and e a n b 24 (d) annually, does not exceed an amount u [ equal to two hundred fifty dollars ($250) multiplied by the .210262.1 - 7 - SJC/SB 14 number of small wireless facilities placed by the wireless provider in the right of way and in the authority's jurisdiction.

An authority that adjusts SJC/SB 14 Page 7 that rate shall notify all wireless providers charged the pre-pre-adjusted adjusted rate of the prospective adjustment and shall make the adjustment effective sixty days or more following that notice.

Except as otherwise provided in the Wireless Consumer Advanced Infrastructure Investment Act, and subject to the approval of an application as provided in Section 4 of that act, a wireless provider may collocate small wireless e e 17 facilities and construct, install, modify, mount, maintain, e e n d 18 operate and replace utility poles associated with the = = l ] 19 collocation of a small wireless facility along, across, on or a l r i 20 under the right of way.

t e a t F.

If a wireless provider or the provider's m m 21 e d contractor causes damage to the authority's property or right r e 22 c e r c 23 of way while the provider or contractor occupies, installs, e a n b 24 repairs or maintains a small wireless facility, wireless u [ support structure or utility pole in the right of way, the .210262.1 - 8 - SJC/SB 14 authority may require the provider to return the property to its pre-damage condition according to the authority's requirements and specifications if the requirements and specifications are competitively neutral and reasonable and upon written notice of the requirement to the provider.

If the provider does not, within a reasonable period after receiving the notice, repair the property as required by the authority, the authority may make the repairs and charge the SJC/SB 14 Page 8 provider the reasonable, documented cost of the repairs.

In constructing and maintaining its e e 17 utility pole or small wireless facility, the wireless provider e e n d 18 shall comply with the national electrical safety code and all = = l ] 19 applicable laws for the protection of underground and overhead a l r i 20 utility facilities.

An authority shall treat a wireless t e a t provider's utility poles and small wireless facilities in a m m 21 e d right of way as it does the facilities, if any, of other r e 22 c e r c 23 utilities in the right of way;

however, the authority may adopt e a n b 24 reasonable regulations concerning the separation of the u [ wireless provider's utility poles and small wireless facilities .210262.1 - 9 - SJC/SB 14 from other utility facilities in the right of way to prevent damage to, or interference with, the facilities or to prevent interference with a utility's use of its facility or facilities in, or to be placed in, the right of way.

Subject to Subsection E of Section 4 of the Wireless Consumer Advanced Infrastructure Investment Act, an authority may require, as they pertain to small wireless SJC/SB 14 Page 9 facilities located in design districts or historic districts, reasonable, technically feasible, non-discriminatory and technologically neutral design or concealment measures and reasonable measures for conforming to the design aesthetics of design districts or historic districts, as long as the measures do not have the effect of prohibiting a wireless provider's technology.

(1) "design district" means an area zoned or otherwise designated by municipal ordinance and for which a e e 17 municipality maintains and uniformly enforces unique design and e e n d 18 aesthetic standards;

and = = l ] 19 (2) "historic district" means a group of a l r i 20 buildings, properties or sites that fall within the category t e a t defined in 47 C.F.R.

m m 21 e d (a) listed in the national register of r e 22 c e r c 23 historic places or formally determined eligible for listing in e a n b 24 that register by the keeper of the register in accordance with u [ the nationwide programmatic agreement found in 47 C.F.R.

Part .210262.1 - 10 - SJC/SB 14 1, Appendix C;

Without the authority's discretionary and written consent, which the authority shall give in a nondiscriminatory way, a wireless provider shall not install a new utility pole in a right of way adjacent to a street or SJC/SB 14 Page 10 thoroughfare that is:

A wireless provider that installs a new utility pole or small wireless facility in a right of way as described in Subsection H of this section shall comply with applicable private deed restrictions and other private restrictions e e 17 affecting the area.

e e n d 18 K.

A wireless provider shall notify an authority in = = l ] 19 writing of its intention to discontinue its use of a small a l r i 20 wireless facility or utility pole.

The notice shall inform the t e a t authority of the time and the way in which the wireless m m 21 e d provider intends to remove the small wireless facility or r e 22 c e r c 23 utility pole.

The wireless provider is responsible for the e a n b 24 costs of the removal.

The authority may require the wireless u [ provider to return the property to its pre-installation .210262.1 - 11 - SJC/SB 14 condition according to the authority's reasonable and nondiscriminatory requirements and specifications.

If the wireless provider does not complete the removal within forty-forty-five five days after the notice, the authority may complete the removal and assess the costs of removal against the wireless provider.

The permit for the small wireless SJC/SB 14 Page 11 facility or utility pole expires upon removal.

[NEW MATERIAL ] COLLOCATION OF A SMALL WIRELESS FACILITY--PERMITS--APPLICATION--FEE.-- A.

A small wireless facility collocated on a e e 17 utility pole or wireless support structure that extends ten or e e n d 18 fewer feet above the pole or structure in a right of way in any = = l ] 19 zone is classified as a permitted use and is not subject to a l r i 20 zoning review or approval.

t e a t D.

An authority may require an applicant to obtain m m 21 e d one or more permits to collocate a small wireless facility in a r e 22 c e r c 23 right of way if the requirement is of general applicability to e a n b 24 users of the right of way.

An applicant seeking to collocate, u [ within an authority's jurisdiction, up to twenty-five small .210262.1 - 12 - SJC/SB 14 wireless facilities, all of which are substantially the same type, on substantially the same types of structures may file a consolidated application for the collocation of the facilities.

The applicant shall include in SJC/SB 14 Page 12 a consolidated application an attestation that, unless a delay in collocation is caused by the lack of commercial power or fiber at the site, the collocation will begin within one hundred eighty days after the permit issuance date.

(2) within thirty days after receiving an e e 17 application, determine and notify the applicant of whether the e e n d 18 application is complete and:

= = l ] 19 (a) for an incomplete application, a l r i 20 specifically identify the information missing from it;

and t e a t (b) deem the application complete if the m m 21 e d applicant is not notified within the thirty-day period;

r e 22 c e r c 23 (3) within ninety days after receiving a e a n b 24 completed application, approve or deny it and deem the u [ application approved if that approval or denial is not given .210262.1 - 13 - SJC/SB 14 within the ninety-day period.

SJC/SB 14 Page 13 (4) approve a completed application unless the application does not conform with:

and (b) requirements imposed by the authority in accordance with Subsection H of Section 3 of the e e 17 Wireless Consumer Advanced Infrastructure Investment Act;

and e e n d 18 (5) if it denies an application, document the = = l ] 19 basis for the denial, including the specific code or law on a l r i 20 which the denial was based, and send that documentation to the t e a t applicant on or before the date the application is denied.

m m 21 e d F.

In the ninety-day period after an authority r e 22 c e r c 23 receives an application to collocate a small wireless facility, e a n b 24 the authority may:

u [ (1) provide public notice of the application .210262.1 - 14 - SJC/SB 14 and an opportunity for written public comment on the application;

SJC/SB 14 Page 14 G.

The authority shall base its review of the revised application only on the deficiencies cited in the e e 17 denial and shall approve or deny the revised application within e e n d 18 thirty days after receiving it.

= = l ] 19 I.

If an application is for the collocation of a l r i 20 multiple small wireless facilities, the authority may:

t e a t (1) treat as separate those for which m m 21 e d incomplete information has been provided, that do not qualify r e 22 c e r c 23 for consolidated treatment or that are denied;

and e a n b 24 (2) issue separate permits for the u [ collocations that it approves.

.210262.1 - 15 - SJC/SB 14 J.

(1) directly or indirectly require an applicant to perform services unrelated to the collocation for which approval is sought, such as the making of in-kind SJC/SB 14 Page 15 contributions to the authority of reserving fiber, conduit or pole space on the wireless provider's utility pole;

(3) institute, either expressly or de facto, a moratorium on the acceptance or processing of applications or e e 17 on the issuance of permits or other approvals, if any, for the e e n d 18 collocation of small wireless facilities;

or = = l ] 19 (4) except as otherwise provided in Subsection a l r i 20 K of this section, require an application, approval or permit t e a t or impose a fee, rate or other charge for:

m m 21 e d (a) the routine maintenance of a small r e 22 c e r c 23 wireless facility;

e a n b 24 (b) the replacement of a small wireless u [ facility with one that is substantially similar in size to, the .210262.1 - 16 - SJC/SB 14 same size as or smaller than it, as long as the wireless provider that owns the wireless facility notifies the authority of the replacement at least ten days before the SJC/SB 14 Page 16 replacement;

The collocation for which a permit is issued e e 17 shall begin within one hundred eighty days after the permit e e n d 18 issuance date, unless the authority and the wireless provider = = l ] 19 agree to extend that period or a delay in collocation is caused a l r i 20 by the lack of commercial power or fiber at the site.

The t e a t permit gives the wireless provider the right to:

m m 21 e d (1) collocate the small wireless facility;

and r e 22 c e r c 23 (2) subject to applicable relocation e a n b 24 requirements, the requirements imposed on the authority by u [ Section 3 of the Wireless Consumer Advanced Infrastructure .210262.1 - 17 - SJC/SB 14 Page 17 Investment Act and to the wireless provider's right to terminate collocation at any time:

The approval of an application under the e e 17 Wireless Consumer Advanced Infrastructure Investment Act does e e n d 18 not authorize the provision of a service or authorize the = = l ] 19 installation, placement, maintenance or operation of a wireline a l r i 20 backhaul facility in a right of way.

t e a t O.

The Wireless Consumer Advanced Infrastructure m m 21 e d Investment Act shall not be deemed to allow a person, without r e 22 c e r c 23 the consent of the property owner, to collocate a small e a n b 24 wireless facility on a privately owned utility pole, a u [ privately owned wireless support structure or private SJC/SB 14 Page 18 property.

.210262.1 - 18 - SJC/SB 14 SECTION 5.

[NEW MATERIAL ] INSTALLATION, REPLACEMENT OR MODIFICATION OF A UTILITY POLE--PERMITS--APPLICATION--FEE.-- A.

A new, replacement or modified utility pole associated with the collocation of a small wireless facility and installed in a right of way is not subject to zoning review and approval, except for that which pertains to the under-under-grounding grounding prohibitions described in Subparagraph (c) of Paragraph (1) of Subsection C of this section, unless the utility pole, as measured from the ground level, is higher than whichever of the following is greater:

(1) ten feet plus the height in feet of the tallest existing utility pole, other than a utility pole e e 17 supporting only one or more wireless facilities, that is:

e e n d 18 (a) in place on the effective date of = = l ] 19 the Wireless Consumer Advanced Infrastructure Investment Act;

a l r i 20 (b) located within five hundred feet of t e a t the new, replacement or modified utility pole;

m m 21 e d (c) in the same right of way and within r e 22 c e r c 23 the jurisdictional boundary of the authority;

and e a n b 24 (d) fifty or fewer feet above ground uSJC/SB [14 Page 19 level;

or .210262.1 - 19 - SJC/SB 14 (2) fifty feet.

1) require that all cable and public utility e e 17 facilities be placed underground by a date certain within one e e n d 18 year after the application;

2) include a waiver, zoning or = = l ] 19 other process that addresses requests to install such new a l r i 20 utility poles or modify such existing utility poles;

and 3) t e a t allow the replacement of utility poles;

m m 21 e d (2) the federal Americans with Disabilities r e 22 c e r c 23 Act of 1990 or similar federal or state standards for eSJC/SB a14 nPage b20 24 pedestrian access or movement;

u [ (3) requirements imposed by the authority in .210262.1 - 20 - SJC/SB 14 accordance with Subsection H of Section 3 of the Wireless Consumer Advanced Infrastructure Investment Act;

The application fee, if any, imposed by the authority for such an application shall conform with the e e 17 requirements of Subsection M of Section 4 of the Wireless e e n d 18 Consumer Advanced Infrastructure Investment Act and shall not = = l ] 19 exceed seven hundred fifty dollars ($750).

a l r i 20 E.

The installation, modification or replacement t e a t for which a permit is issued under this section shall begin m m 21 e d within one hundred eighty days after the permit issuance date, r e 22 c e r c 23 unless the authority and wireless provider agree to extendSJC/SB that14 ePage a21 nextend bthat 24 period or a delay in the installation, modification or u [ replacement is caused by the lack of commercial power or fiber .210262.1 - 21 - SJC/SB 14 at the site.

[NEW MATERIAL ] ACCESS TO AUTHORITY UTILITY POLES--RATES AND FEES--COLLOCATIONS FOR OTHER COMMERCIAL e e 17 PROJECTS OR USES.-- e e n d 18 A.

An authority shall not enter into an exclusive = = l ] 19 agreement with a person for the right to attach a small a l r i 20 wireless facility to an authority utility pole.

t e a t B.

The rates and fees an authority imposes for the m m 21 e d collocation of a small wireless facility on an authority r e 22 c e r c 23 utility pole shall not vary according to the services provided e a n b 24 by the collocating person.

uSJC/SB [14 Page 22 C.

The rate to collocate a small wireless facility .210262.1 - 22 - SJC/SB 14 on an authority utility pole shall not exceed twenty dollars ($20.00) per utility pole per year.

An authority may prohibit, regulate and charge e e 17 for the collocation of a small wireless facility on a wireless e e n d 18 support structure owned by the authority.

= = l ] 19 SECTION 7.

[NEW MATERIAL ] ESTABLISHMENT OF RATES, FEES a l r i 20 AND TERMS--EXTENSION OF TERM TO FULFILL DUTIES.-- t e a t A.

An authority may adopt an ordinance setting m m 21 e d forth the rates, fees and terms for implementing the Wireless r e 22 c e r c 23 Consumer Advanced Infrastructure Investment Act.

In the e a n b 24 absence of such an ordinance, an authority and a wireless uSJC/SB [14 Page 23 provider may enter into an agreement setting forth those rates, .210262.1 - 23 - SJC/SB 14 fees and terms.

e e 17 (4) except as otherwise provided in Subsection e e n d 18 C of Section 5 of that act, shall not:

= = l ] 19 (a) require the placement of a small a l r i 20 wireless facility on a specific utility pole or category of t e a t poles or require multiple antenna systems on a single utility m m 21 e d pole;

or rSJC/SB e14 22Page c24 e r c 23 (b) restrict the placement of small e a n b 24 wireless facilities by imposing minimum horizontal spacing u [ requirements;

and .210262.1 - 24 - SJC/SB 14 (5) subject to Section 9 of that act, shall provide for the reasonable accommodation of a power supply to, and electric metering of, the small wireless facility.

If the federal government, the state or an authority declares a disaster and that disaster impedes an e e 17 authority's or wireless provider's ability to fulfill the e e n d 18 duties imposed on it by the Wireless Consumer Advanced = = l ] 19 Infrastructure Investment Act or by an ordinance adopted in a l r i 20 accordance with this section, the term under which those duties t e a t must be fulfilled is extended for a reasonable period.

mSJC/SB m14 21Page e25 d SECTION 8.

[NEW MATERIAL ] SCOPE OF LOCAL AUTHORITY.-- r e 22 c e r c 23 A.

Except as otherwise provided in the Wireless e a n b 24 Consumer Advanced Infrastructure Investment Act, an authority u [ may exercise its zoning, land use, planning and permitting .210262.1 - 25 - SJC/SB 14 authority and its police power for the installation, modification and replacement of wireless support structures and utility poles.

If an authority determines that a utility pole or the wireless support structure of a wireless provider must be relocated to accommodate a public project, the provider e e 17 shall assume the costs of relocating the wireless facilities e e n d 18 deployed on the pole or structure.

= = l ] 19 SECTION 9.

[NEW MATERIAL ] APPLICABILITY.--The Wireless a l r i 20 Consumer Advanced Infrastructure Investment Act does not:

t e a t A.

affect the authority, under state or federal mSJC/SB m14 21Page e26 d law, of an investor-owned electric utility or electric r e 22 c e r c 23 cooperative that owns, controls or operates utility poles or e a n b 24 wireless support structures to deny, limit, restrict or u [ determine the rates, fees, terms and conditions for the use of, .210262.1 - 26 - SJC/SB 14 or attachment to, those poles or structures by a wireless provider;

(1) require of a public telecommunications company that provides telecommunications services under a e e 17 certificate of public convenience and necessity issued by the e e n d 18 state an additional grant of authority to provide those = = l ] 19 services;

or a l r i 20 (2) discriminate against such a company in its t e a t use of rights of way.

mSJC/SB m14 21Page e27 d SECTION 10.

EFFECTIVE DATE.--The effective date of the r e 22 c e r c 23 provisions of this act is September 1, 2018.

eSJC/SB a14 nPage b28 244 -6 278 -25 u [ .210262.1