Senate Bill No. 426–Committee on Commerce and Labor

 

March 24, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Provides for standards and procedures for approval of applications for construction of facilities for personal wireless communications. (BDR 58-1286)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to wireless telecommunications; providing for standards and procedures for approval by a state or local land use authority of an application for the construction of a facility for personal wireless service under certain circumstances; authorizing a land use authority to assess an applicant for the actual costs incurred by the authority to process an application; requiring that a denial of an application be in writing, set forth each ground for denial and describe the documents relied upon; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. The Legislature finds and declares that:

1-2  1.  Congress enacted the Wireless Communications and Public

1-3  Safety Act of 1999, Public Law 106-81, 113 Stat. 1286, to

1-4  encourage states to make efforts to facilitate the development of

1-5  seamless, ubiquitous and reliable personal wireless services

1-6  networks as a means of promoting public safety by providing

1-7  immediate and critical communications links among members of the

1-8  public, emergency medical service providers and emergency

1-9  dispatch providers. The widespread use of personal wireless services

1-10  in the rescue, relief and recovery efforts following the

1-11  September 11, 2001, terrorist attacks, in which landline

2-1  communication networks were unavailable or unsuited to meeting

2-2  exigent public safety communications needs, demonstrated the

2-3  versatility and robustness of personal wireless services networks and

2-4  their resulting importance to public safety and homeland security. It

2-5  is the intent of the Legislature in enacting the provisions of sections

2-6  3 to 10, inclusive, of this act to reaffirm the federal policy of

2-7  facilitating the development of seamless, ubiquitous and reliable

2-8  personal wireless services networks as reflecting the public policy of

2-9  the State of Nevada, and to set forth uniform standards and

2-10  procedures that will give effect to this policy.

2-11      2.  A large percentage of the residents of this state subscribe to

2-12  personal wireless services, and there is a substantial public interest

2-13  in permitting the residents of this state to enjoy the increase in

2-14  personal productivity, flexibility and convenience attributable to the

2-15  availability of seamless, ubiquitous and reliable personal wireless

2-16  services. Seamless, ubiquitous and reliable personal wireless

2-17  services also facilitate telecommuting, flexible hours and other

2-18  alternate work arrangements that are integral to the service economy

2-19  of this state and strategies for reducing road congestion.

2-20      3.  Local governments in this state retain an important role in

2-21  decisions concerning the construction of facilities for personal

2-22  wireless services in order to ensure that such decisions give

2-23  consideration to legitimate local concerns. Nevertheless, because

2-24  personal wireless services networks must be seamless, ubiquitous

2-25  and reliable to be effective, there is a preeminent state interest in

2-26  ensuring the availability of such services throughout the State.

2-27  Furthermore, in the Telecommunications Act of 1996, Public Law

2-28  104-104, 110 Stat. 56, Congress required that applications for

2-29  facilities for personal wireless services be acted upon in an

2-30  expeditious manner and without unreasonable delay. It is the intent

2-31  of the Legislature in enacting the provisions of sections 3 to 10,

2-32  inclusive, of this act to balance local, state and national interests by

2-33  specifying uniform statewide procedures for the review by the State

2-34  and by any local governments of applications to construct facilities

2-35  for personal wireless service and to encourage the State and any

2-36  local governments to allow the construction of facilities for personal

2-37  wireless service on government property.

2-38      Sec. 2.  Chapter 707 of NRS is hereby amended by adding

2-39  thereto the provisions set forth as sections 3 to 10, inclusive, of this

2-40  act.

2-41      Sec. 3.  As used in sections 3 to 10, inclusive, of this act,

2-42  unless the context otherwise requires, the words and terms defined

2-43  in sections 4 to 7, inclusive, of this act have the meanings ascribed

2-44  to them in those sections.

3-1  Sec. 4.  “Facility for personal wireless service” includes any

3-2  building, structure, antenna and other equipment used to provide

3-3  personal wireless service. The term includes a telecommunications

3-4  tower.

3-5  Sec. 5. “Land use authority” means an agency, bureau,

3-6  board, commission, department, division, officer or employee of

3-7  the State or of a local government authorized by law to take action

3-8  on an application to construct a facility for personal wire service.

3-9  Sec. 6.  “Personal wireless service” has the meaning ascribed

3-10  to it in 47 U.S.C. § 332(c)(7)(C), as that provision existed on

3-11  July 1, 2003.

3-12      Sec. 7.  “Telecommunications tower” means any freestanding

3-13  tower, monopole or similar structure used to provide personal

3-14  wireless services.

3-15      Sec. 8.  1.  Notwithstanding any specific statute or ordinance

3-16  to the contrary, a land use authority with jurisdiction over an

3-17  application to construct a facility for personal wireless service

3-18  shall:

3-19      (a) Establish procedures and standards for the review and

3-20  approval of such an application, including, without limitation,

3-21  procedures for:

3-22          (1) Review and approval of such an application by

3-23  administrative staff pursuant to this section; and

3-24          (2) Consideration of such an application by the land use

3-25  authority if the administrative staff denies the application; and

3-26      (b) Authorize administrative staff to review and approve such

3-27  an application pursuant to this section.

3-28      2.  The administrative staff authorized to review and approve

3-29  an application to construct a facility for personal wireless service

3-30  may approve such an application if:

3-31      (a) The applicant complies with the procedures established by

3-32  the land use authority pursuant to this section;

3-33      (b) The facility for personal wireless service meets the

3-34  standards established by the land use authority pursuant to this

3-35  section;

3-36      (c) The applicant is a provider of wireless telecommunications

3-37  that is licensed by the Federal Communications Commission to

3-38  provide wireless telecommunications services over a designated

3-39  radio frequency and authorized to do business in this state; and

3-40      (d) The facility for personal wireless service is to be:

3-41          (1) Architecturally integrated with its surroundings so that

3-42  it appears to be an architectural feature of a building or other

3-43  structure and its nature as a facility for personal wireless service is

3-44  not readily apparent;

4-1       (2) Collocated with a facility for personal wireless service

4-2  approved, or capable of being approved, by the land use authority,

4-3  if the facility for personal wireless service that is the subject of the

4-4  application is architecturally integrated as described in

4-5  subparagraph (1) at least to the extent that the facility for personal

4-6  wireless service with which it is to be collocated is architecturally

4-7  integrated;

4-8       (3) Constructed on an existing building or structure owned

4-9  by a public utility or on property owned by the State or by a local

4-10  government; or

4-11          (4) If constructed on an existing building or structure not

4-12  owned by a public utility, architecturally compatible with the

4-13  building or structure.

4-14      3.  If the administrative staff authorized pursuant to this

4-15  section to review and approve an application to construct a facility

4-16  for personal wireless service denies such an application, the

4-17  administrative staff shall provide to the applicant and the land use

4-18  authority a written explanation that identifies each procedure and

4-19  standard that the applicant, application or facility for personal

4-20  wireless service failed to meet.

4-21      4.  The land use authority shall not:

4-22      (a) Consider the environmental effects of radio frequency

4-23  emissions from a facility for personal wireless service if the facility

4-24  complies with the regulations of the Federal Communications

4-25  Commission concerning such emissions.

4-26      (b) If the application to construct a facility for personal

4-27  wireless services requests the use of a public right-of-way, deny

4-28  the application based on the use of the public right-of-way if the

4-29  proposed use:

4-30          (1) Meets all applicable state and local requirements for use

4-31  of a public right-of-way, including, without limitation, any

4-32  requirements established by the land use authority; and

4-33          (2) Does not endanger the public health or safety.

4-34      Sec. 9.  A land use authority, in connection with an

4-35  application to construct a facility for personal wireless service,

4-36  may assess the applicant for the actual costs incurred by the land

4-37  use authority to process the application.

4-38      Sec. 10.  1.  A land use authority that denies the approval of

4-39  an application to construct a facility for personal wireless service

4-40  shall issue a written decision. The decision must:

4-41      (a) Set forth with specificity each ground on which the

4-42  authority denied the approval of the application; and

4-43      (b) Describe the documents relied upon by the land use

4-44  authority in making its decision.

5-1  2.  A person who brings an action against a land use authority

5-2  pursuant to NRS 278.0233 shall file a copy of the decision and

5-3  record with the court.

5-4  Sec. 11.  This act becomes effective on July 1, 2003.

 

5-5  H