PRINTER'S NO.
1815
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1345
Session of 2011
INTRODUCED BY FOLMER, SOLOBAY AND ROBBINS, NOVEMBER 22, 2011REFERRED TO COMMUNICATIONS AND TECHNOLOGY, NOVEMBER 22, 2011AN ACT
Providing for streamlined procedures for reviewing applications forthe modification or collocation of wireless communicationsfacilities and wireless support structures.The General Assembly of the Commonwealth of Pennsylvania herebyenacts as follows:Section 1. Short title.This act shall be known and may be cited as the Wireless BroadbandCollocation Act.Section 2. Definitions.The following words and phrases when used in this act shall havethe meanings given to them in this section unless the context clearlyindicates otherwise:"Accessory equipment." Any equipment serving or being used inconjunction with a wireless facility or wireless support structureincluding, but not limited to, utility or transmission equipment,power supplies, generators, batteries, cables, equipment buildings,cabinets and storage sheds, shelters or similar structures."Antenna." Communications equipment that transmits and receiveselectromagnetic radio signals used in the provision of all types of
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wireless communication services."Application." A formal request submitted to the local governingauthority to construct or modify a wireless support structure or awireless facility. An application shall be deemed complete when alldocuments, information and fees specifically enumerated in the localgoverning authority's regulations, ordinances and forms pertaining tothe location, construction, modification or operation of wirelessfacilities are submitted by the applicant to the authority."Collocation." The placement or installation of new wirelessfacilities on previously approved and constructed wireless supportstructures, including monopoles and towers, both self-supporting andguyed, in a manner that negates the need to construct a newfreestanding wireless support structure. The term includes theplacement of accessory equipment within an existing equipmentcompound."Equipment compound." An area surrounding or adjacent to the baseof a wireless support structure within which accessory equipment islocated."Local governing authority." A municipality or a municipalauthority, as defined by the act of July 31, 1968 (P.L.805, No.247),known as the Pennsylvania Municipalities Planning Code, that hasadopted land use or zoning regulations for all or the majority of landuses within its jurisdiction or has adopted separate regulationspertaining to the location, construction, modification or operation ofwireless facilities."Modification" or "modify." The improvement, upgrade, expansion orreplacement of existing wireless facilities on an existing wirelesssupport structure or within an existing equipment compound, providedthe improvement, upgrade, expansion or replacement does not increasethe height of the wireless support structure or increase the
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dimensions of the equipment compound."Wireless facility." The set of equipment and network components,exclusive of the underlying wireless support structure, includingantennas, transmitters, receivers, base stations, power supplies,cabling and accessory equipment, used to provide wireless data andtelecommunication services."Wireless support structure." A freestanding structure, such as amonopole, tower, either guyed or self-supporting, or suitable existingor alternative structure designed to support or capable of supportingwireless facilities. The term shall not include any electrical utilitypole or tower used for the distribution or transmission of electricalservice.Section 3. Regulation of wireless telecommunications supportstructures.(a) General authority.--A local governing authority that hasadopted planning and zoning regulations may plan for and regulatewireless support structures in accordance with locally adopted landuse planning or zoning regulations and the provisions of this section.(b) Limitations.--A local governing authority that has adoptedzoning ordinances and land use regulations for the placement ofwireless support structures shall not place any additional requirementon the applicant that has the force or effect of:(1) Regulating the placement of an antenna or relatedequipment for an existing wireless support structure; provided,however, if the placement of an antenna on an existing wirelesstelecommunications support structure requires an extension, theplacement may be regulated by a local governing authority if theextension would require the wireless support structure to havelighting or the extension exceeds the height limitation of theauthority.
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