Senate Bill No. 426–Committee on Commerce and Labor

 

CHAPTER..........

 

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

1-12  communication networks were unavailable or unsuited to meeting

1-13  exigent public safety communications needs, demonstrated the

1-14  versatility and robustness of personal wireless services networks and

1-15  their resulting importance to public safety and homeland security. It

1-16  is the intent of the Legislature in enacting the provisions of sections

1-17  3 to 10, inclusive, of this act to reaffirm the federal policy of

1-18  facilitating the development of seamless, ubiquitous and reliable

1-19  personal wireless services networks as reflecting the public policy of

1-20  the State of Nevada, and to set forth uniform standards and

1-21  procedures that will give effect to this policy.

1-22      2.  A large percentage of the residents of this state subscribe to

1-23  personal wireless services, and there is a substantial public interest

1-24  in permitting the residents of this state to enjoy the increase in

1-25  personal productivity, flexibility and convenience attributable to the

1-26  availability of seamless, ubiquitous and reliable personal wireless

1-27  services. Seamless, ubiquitous and reliable personal wireless

1-28  services also facilitate telecommuting, flexible hours and other

1-29  alternate work arrangements that are integral to the service economy

1-30  of this state and strategies for reducing road congestion.

2-1  3.  Local governments in this state retain an important role in

2-2  decisions concerning the construction of facilities for personal

2-3  wireless services in order to ensure that such decisions give

2-4  consideration to legitimate local concerns. Nevertheless, because

2-5  personal wireless services networks must be seamless, ubiquitous

2-6  and reliable to be effective, there is a preeminent state interest in

2-7  ensuring the availability of such services throughout the State.

2-8  Furthermore, in the Telecommunications Act of 1996, Public Law

2-9  104-104, 110 Stat. 56, Congress required that applications for

2-10  facilities for personal wireless services be acted upon in an

2-11  expeditious manner and without unreasonable delay. It is the intent

2-12  of the Legislature in enacting the provisions of sections 3 to 10,

2-13  inclusive, of this act to balance local, state and national interests by

2-14  specifying uniform statewide procedures for the review by the State

2-15  and by any local governments of applications to construct facilities

2-16  for personal wireless service and to encourage the State and any

2-17  local governments to allow the construction of facilities for personal

2-18  wireless service on government property.

2-19      Sec. 2.  Chapter 707 of NRS is hereby amended by adding

2-20  thereto the provisions set forth as sections 3 to 10, inclusive, of this

2-21  act.

2-22      Sec. 3.  As used in sections 3 to 10, inclusive, of this act,

2-23  unless the context otherwise requires, the words and terms defined

2-24  in sections 4 to 7, inclusive, of this act have the meanings ascribed

2-25  to them in those sections.

2-26      Sec. 4.  “Facility for personal wireless service” includes any

2-27  building, structure, antenna and other equipment used to provide

2-28  personal wireless service. The term includes a telecommunications

2-29  tower.

2-30      Sec. 5. “Land use authority” means an agency, bureau,

2-31  board, commission, department, division, officer or employee of

2-32  the State or of a local government authorized by law to take action

2-33  on an application to construct a facility for personal wire service.

2-34      Sec. 6.  “Personal wireless service” has the meaning ascribed

2-35  to it in 47 U.S.C. § 332(c)(7)(C), as that provision existed on

2-36  July 1, 2003.

2-37      Sec. 7.  “Telecommunications tower” means any freestanding

2-38  tower, monopole or similar structure used to provide personal

2-39  wireless services.

2-40      Sec. 8.  1.  Notwithstanding any specific statute or ordinance

2-41  to the contrary, a land use authority with jurisdiction over an

2-42  application to construct a facility for personal wireless service

2-43  shall:

2-44      (a) Establish procedures and standards for the review and

2-45  approval of such an application, including, without limitation,

2-46  procedures for:

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

3-2  administrative staff pursuant to this section; and

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

3-4  authority if the administrative staff denies the application; and

3-5  (b) Authorize administrative staff to review and approve such

3-6  an application pursuant to this section.

3-7  2.  The administrative staff authorized to review and approve

3-8  an application to construct a facility for personal wireless service

3-9  may approve such an application if:

3-10      (a) The applicant complies with the procedures established by

3-11  the land use authority pursuant to this section;

3-12      (b) The facility for personal wireless service meets the

3-13  standards established by the land use authority pursuant to this

3-14  section;

3-15      (c) The applicant is a provider of wireless telecommunications

3-16  that is licensed by the Federal Communications Commission to

3-17  provide wireless telecommunications services over a designated

3-18  radio frequency and authorized to do business in this state; and

3-19      (d) The facility for personal wireless service is to be:

3-20          (1) Architecturally integrated with its surroundings so that

3-21  it appears to be an architectural feature of a building or other

3-22  structure and its nature as a facility for personal wireless service is

3-23  not readily apparent;

3-24          (2) Collocated with a facility for personal wireless service

3-25  approved, or capable of being approved, by the land use authority,

3-26  if the facility for personal wireless service that is the subject of the

3-27  application is architecturally integrated as described in

3-28  subparagraph (1) at least to the extent that the facility for personal

3-29  wireless service with which it is to be collocated is architecturally

3-30  integrated;

3-31          (3) Constructed on an existing building or structure owned

3-32  by a public utility or on property owned by the State or by a local

3-33  government; or

3-34          (4) If constructed on an existing building or structure not

3-35  owned by a public utility, architecturally compatible with the

3-36  building or structure.

3-37      3.  If the administrative staff authorized pursuant to this

3-38  section to review and approve an application to construct a facility

3-39  for personal wireless service denies such an application, the

3-40  administrative staff shall provide to the applicant and the land use

3-41  authority a written explanation that identifies each procedure and

3-42  standard that the applicant, apGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).plication or facility for personal

3-43  wireless service failed to meet.

3-44      4.  The land use authority shall not:

3-45      (a) Consider the environmental effects of radio frequency

3-46  emissions from a facility for personal wireless service if the facility

4-1  complies with the regulations of the Federal Communications

4-2  Commission concerning such emissions.

4-3  (b) If the application to construct a facility for personal

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

4-5  the application based on the use of the public right-of-way if the

4-6  proposed use:

4-7       (1) Meets all applicable state and local requirements for use

4-8  of a public right-of-way, including, without limitation, any

4-9  requirements established by the land use authority; and

4-10          (2) Does not endanger the public health or safety.

4-11      Sec. 9.  A land use authority, in connection with an

4-12  application to construct a facility for personal wireless service,

4-13  may assess the applicant for the actual costs incurred by the land

4-14  use authority to process the application.

4-15      Sec. 10.  1.  A land use authority that denies the approval of

4-16  an application to construct a facility for personal wireless service

4-17  shall issue a written decision. The decision must:

4-18      (a) Set forth with specificity each ground on which the

4-19  authority denied the approval of the application; and

4-20      (b) Describe the documents relied upon by the land use

4-21  authority in making its decision.

4-22      2.  A person who brings an action against a land use authority

4-23  pursuant to NRS 278.0233 shall file a copy of the decision and

4-24  record with the court.

4-25      Sec. 11.  This act becomes effective on July 1, 2003.

 

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