Amends TCA Title 4; Title 5; Title 6; Title 7; Title 12; Title 13; Title 65; Title 66 and Title 67.

ON MARCH 10, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 170, AS AMENDED. AMENDMENT #1 rewrites this bill and revises provisions under the Competitive Wireless Broadband Investment, Deployment, and Safety Act. Under the present law, the Act prohibits an authority (which may be a municipality, county, or the state depending on the circumstances) from: (1) Entering into an exclusive arrangement with any person for use of a right-of-way (ROW) for the construction, operation, marketing, or maintenance of small wireless facilities; (2) Discriminating by prohibiting an applicant from making any type of installation that is generally permitted when performed by other entities entitled to deploy infrastructure in a ROW or by imposing any maintenance or repair obligations not generally applicable to all entities entitled to deploy infrastructure in a ROW; (3) Imposing discriminatory prohibitions against deploying a new potential support structure for small wireless facilities (PSS) in a ROW. Only requirements imposed generally to other entities entitled to deploy infrastructure in a ROW may be applied to prohibit an applicant's deployment of a new PSS in a ROW; or (4) Except as provided in this part or otherwise specifically authorized by state law, adopting or enforcing any regulations or requirements on the placement or operation of communications facilities in a ROW by a communications service provider authorized by state or local law to operate in a ROW; regulating any communications services; or imposing or collecting any tax, fee, or charge for the provision of communications service over the communications service provider's communications facilities in a ROW. This amendment adds that with respect to aesthetic plans (see definition at the end of this summary), the above-listed prohibitions do not prohibit an authority from reasonably differentiating among providers of functionally equivalent services. Under present law, the following are the maximum fees and rates that may be charged to an applicant by a local authority for deployment of a small wireless facility: (1) The maximum application fee is $100 each for the first five small wireless facilities and $50.00 each for additional small wireless facilities included in a single application. A local authority may also require an additional fee of $200 on the first application an applicant files following April 24, 2018, to offset the local authority's initial costs of preparing to comply with the Act. Beginning on January 1, 2020, and at each five-year interval thereafter, the maximum application fees are increased in an amount of 10 percent, rounded to the nearest dollar; and (2) The maximum annual rate for colocation of a small wireless facility on a local authority-owned PSS is $100. This amendment revises the above provisions to instead provide that for small wireless facility colocations on existing or replacement PSSs, the maximum application fee will be $500 for a single application of up to five small wireless facilities and $100 each for additional small wireless facilities included in a single application. For a new PSS, other than a replacement PSS, together with the colocation of an associated small wireless facility, the maximum application fee will be $1,000. This amendment also increases from $100 to $270 the maximum annual rate for colocation of a small wireless facility on a local authority-owned PSS. Present law imposes certain restrictions on the height of a new PSS installed or an existing PSS replaced in a RO, and on the extension of small wireless facilities deployed in a ROW. This amendment specifies that these restrictions apply to such installations, replacements, and deployments undertaken after the effective date of this bill as amended. Present law defines "small wireless facility” as a wireless facility with: (1) An antenna that could fit within an enclosure of no more than six cubic feet in volume; and (2) Other wireless equipment in addition to the antenna that is cumulatively no more than 28 cubic feet in volume, regardless of whether the facility is ground-mounted or pole-mounted. For purposes of this provision, “other wireless equipment” does not include an electric meter, concealment element, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, or a vertical cable run for the connection of power and other services. This amendment redefines "small wireless facility" for purposes of the Act to mean a wireless facility with: (1) Each antenna being able to fit within an enclosure of no more than three cubic feet in volume; and (2) Other wireless equipment in addition to the antenna that is cumulatively no more than 28 cubic feet in volume, regardless of whether the facility is ground-mounted or pole-mounted. Under this amendment, "other wireless equipment" does not include concealment elements in the volume calculation. An "aesthetic plan" means a publicly available written resolution, regulation, policy, site plan, or approved plat that: (1) Establishes generally applicable aesthetic requirements within the authority or designated area within the authority; and (2) Does not unreasonably discriminate among providers of functionally equivalent services. This amendment specifies that the definition provisions of this amendment, the exemption for aesthetic plans, and the limitation on the restrictions to actions undertaken after the effective date of this bill as amended will not apply to a small cell installed prior to the effective date of this bill, unless and until the small cell is physically modified.