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HB 0533 - Local Right of Way - Preempt and Authorize Unlimited, Unfettered Access for Wireless Structures
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Tracking Level: Oppose
Sponsor: Brett Harrell (R)
Last Action: 3/6/2017 - House Second Readers
House Committee: Energy, Utilities & Telecommunications
Assigned To:
Business and Occupation TaxNext Bill
Code EnforcementNext Bill
Economic DevelopmentNext Bill
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Land Use/ZoningNext Bill
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Todd EdwardsNext Bill
TransportationNext Bill
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Staff Analysis of the Legislation

This complex and lengthy bill provides as close to unfettered access to county and municipal rights of way (ROW) as possible for wireless providers to construct unlimited wireless support structures/poles (50' high, or 10' taller than any existing pole within 500'), antennas (up to 6 cubic feet), equipment boxes (up to 28 cubic feet) and other infrastructure in order to roll out 5G service in metropolitan areas.  The bill limits or preempts a broad range of county decisions regarding: wireless structures within and outside public ROW, collocation of small wireless facilities, zoning reviews for cell towers and wireless support structures, modifications to wireless facilities outside public ROW, location of wireless facilities on local government owned utility poles, and county jurisdiction over small wireless facilities on private property. For example, HB 535 would bar local governments from subjecting certain wireless facilities to zoning review and approval, limit fees that counties and cities could impose for permitting, regulating and managing access to public ROW by wireless companies, and impose unrealistic shot clocks for counties to make decisions regarding various wireless facilities; otherwise the applications are "deemed approved". In addition, the bill would prohibit counties from requiring that wireless providers indemnify and hold the county harmless against claims arising from negligent acts of the provider and does not provide that these structures be removed or relocated, at provider expense, for road widening, maintenance or emergency situations. Lastly, counties can only deny a permit for this infrastructure if it violates stipulations in the bill... which are slim to none.  

  


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text






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