Sponsored by:
Senator STEPHEN M. SWEENEY
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Provides for uniform regulation of small wireless facility deployment in this State.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning deployment of small wireless facilities and supplementing Title 40 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. The deployment of small wireless facilities and other next-generation wireless and broadband network facilities is a matter of federal and statewide concern and interest;
b. Wireless and broadband products and services are a significant and continually growing part of the State s economy and encouraging the development of strong and robust wireless and broadband communications networks throughout the State is integral to the State s economic competitiveness;
c. Rapid deployment of small wireless facilities will serve important Statewide goals, such as: meeting the growing consumer demand for wireless data; increasing competitive options for communications services available to the State s residents; promoting the ability of the State s residents to communicate with their neighbors and with their State and local governments; and promoting public safety;
d. Small wireless facilities, including facilities commonly referred to as small cells and distributed antenna systems, are deployed most effectively in right-of-way;
e. To meet the key objectives of federal law and P.L. , c. (C. ) (pending before the Legislature as this bill), wireless providers need to have access to the right-of-way and the ability to attach to infrastructure in the right-of-way to densify wireless networks and to provide next-generation wireless services;
f. Rates and fees for the permitting and deployment of small wireless facilities in right-of-way and on authority infrastructure, including utility poles, throughout the State, consistent with federal law, is reasonable and will encourage the development of robust next-generation wireless and broadband networks for the benefit of residents throughout the State; and
g. The procedures, rates, and fees established in P.L. , c. (C. ) (pending before the Legislature as this bill) should be consistent with federal law and are fair, reasonable, and further the State s interest in facilitating and supporting a robust, reliable, and technologically-advanced wireless and broadband network and reflect a balancing of the interests of the wireless providers deploying new small wireless facilities and the interests of authorities in recovering the cost of managing access to the right-of-way.
2. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Antenna" means an apparatus designed for the purpose of emitting radio frequency, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of personal wireless service and any commingled information services. Antenna shall not include an unintentional radiator, mobile station, or device authorized pursuant to 47 C.F.R. Part 15.
Antenna equipment means equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as the antenna.
Antenna facility means an antenna and associated antenna equipment.
Applicable codes means uniform building, fire, electrical, plumbing, or mechanical codes adopted by the Commissioner of the Department of Community Affairs pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.) and are consistent with P.L. , c. (C. ) (pending before the Legislature as this bill).
"Applicant" means any person who submits an application and is a wireless provider.
"Application" means a request submitted by an applicant to an authority for a permit to: collocate a small wireless facility; install, modify, or replace a pole on which a small wireless facility will be collocated, mounted, or installed; mount or install a small wireless facility on a new or replacement pole; or install associated antenna equipment adjacent to a structure on which a small wireless facility is or will be collocated, mounted, or installed.
"Authority" means a unit of local government, and any board, commission, committee, authority, agency, office, officer, or employee thereof, which has jurisdiction and control over the use of a public right-of-way for the placement of a wireless facility within the public right-of-way or has zoning or land use control for the placement of a wireless facility not within a public right-of-way. Authority shall not mean a State court having jurisdiction over an authority.
"Authority pole" means a pole or utility pole owned or operated by an authority in a public right-of-way.
"Collocate" or "collocation" means: mounting or installing an antenna facility on a pre-existing structure; or modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
Communications facility means the equipment and network components that provide communications services, including wires, cables, and associated facilities used by: a cable operator, as defined in 47 U.S.C. s.522; a telecommunications carrier, as defined in 47 U.S.C. s.153; a provider of an information service, as defined in 47 U.S.C. s.153; or a wireless service provider, as defined pursuant to this section.
"Communications service" means: cable service, as defined pursuant to 47 U.S.C. s.522, as amended; information service, as defined pursuant to 47 U.S.C. s.153, as amended; telecommunications service, as defined in 47 U.S.C. s.153, as amended; mobile service, as defined pursuant to 47 U.S.C. s.153, as amended; or wireless service other than mobile service.
"Communications service provider" means: a cable operator, as defined pursuant to 47 U.S.C. s.522, as amended; a provider of information service, as defined pursuant to 24 of 47 U.S.C. s.153, as amended; a telecommunications carrier, as defined pursuant to 47 U.S.C. s.153, as amended; or a wireless service provider as defined pursuant to this section.
Decorative pole means an authority pole that is specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than a small wireless facility, lighting, specially designed informational or directional signage, or temporary holiday or special event attachments, have been placed or are permitted to be placed according to non-discriminatory authority rules or codes.
Facility means an antenna facility or a structure that is used for the provision of personal wireless service, whether the personal wireless service is provided on a stand-alone basis or comingled with other wireless communications services.
"FCC" means the Federal Communications Commission of the United States.
"Fee" means a one-time, nonrecurring charge.
"Historic district" or "historic landmark" means a building, property, or site, or group of buildings, properties,