The state budget, Act 9, mandates a reduction in municipal cable franchise fee percentages and requires the state to compensate municipalities for the lost revenue. In order to qualify for the 2020 reimbursement payment from the state, a municipality must file certain information with the Department of Revenue by August 15, 2019. Here are the details from Wis. Stat. section 79.097, as created by Act 9:

DOR has not yet indicated how they want communities to file the information they need to calculate each communities cable franchise fee reimbursement payment.

On July 10 Governor Evers signed SB 239, the small cell bill, into law as Act 14. The Act took effect July 12. The Act creates a uniform framework for the deployment of 5G advanced wireless equipment in municipal rights-of-way within the state.

Act 14 mirrors limitations placed on municipal right-of-way regulatory powers by the  September 2018 Federal Communications Commission 5G ruling. It creates a regulatory framework for the state and local governments for the following: 1) the deployment by wireless service providers of wireless equipment and facilities for 5G service, including the placement of such items in rights-of-way; 2) the local permitting process for certain activities by wireless providers; 3) access to government poles by wireless providers; and 4) the resolution of disputes.

The bill also restores to local governments the ability to impose setback requirements on traditional cell towers proposed to be located on any parcel in which single-family residential is a permitted use.

During the spring, the League, the Counties Association, and the Towns Association negotiated with the cell phone industry and obtained the following changes to an earlier draft of the bill:

1. Provide for an annual 2% escalator to the maximum allowable pole rental charges municipalities may charge.  

2. Allow municipalities to adjust any fee caps imposed by the bill whenever the FCC adjusts its determination of what fee amounts are presumptively reasonable.

3. Restore municipal authority to impose setback limits on macro towers placed on any parcels in which single family residential is a permitted use, regardless if it is the actual current use. (Last session's bill allowed communities to impose setback requirements on  land that was zoned for single-family residential use only.)

4. With regard to the ability of municipalities to recommend a different location for proposed placement of small cell facilities in right of way, delete following language: “within 50 feet of the proposed location”. Also, define what constitutes “Technically feasible.” Allow a wireless provider to reject municipal suggestion for a different location of facilities only if not technically feasible or “material” additional costs would be incurred by the wireless provider.

5. Allow communities to regulate the aesthetics of small cell facilities and support structures placed in the right of way to the same degree communities have such authority under the FCC ruling.

6. Clarify that, consistent with FCC ruling, a municipality may charge fees for each small cell device located on a pole not just one fee for the pole regardless of number of antennas placed on it.

In addition, when attorneys for the City of Milwaukee and Municipal Electric Utilities of Wisconsin expressed concern over a provision in an early bill draft that appeared to preempt municipal powers, the League convinced proponents of the bill to modify the provision to make it clear that municipalities may continue to rely on existing authority to reasonably regulate cable and wireless service providers' use of the right-of-way.

As a result of these changes, the League agreed to take a neutral position on the bill. As did the Counties Association and the Towns Association. 

The cell phone industry attempted to have similar legislation passed last session, but was unsuccessful. Over half of the states have passed similar bills. Wisconsin's version has higher fee caps and is less restrictive on local governments than those passed by other states so far.

The Legislative Reference Bureau has prepared an analysis of Wisconsin's small cell legislation in comparison to similar legislation passed in other states. Read it here.