League of Wisconsin Municipalities
  Capitol Buzz 
May 24, 2017
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Bill Limits Regulation of Small Cell Wireless Facilities But Restores Ability to Impose Setback Restrictions on Cell Towers 

Rep. Mike Kuglitsch plans to introduce a bill, LRB-2103, limiting municipal authority to regulate small cell wireless facilities in the right-of-way. The bill also includes language sought by the League restoring municipal authority to impose setback requirements on traditional cell towers in single family residential districts.  

The League has been negotiating with AT&T and Rep. Kuglitsch on various aspects of the bill. Some of the changes to the bill that we have successfully negotiated include:

--Increasing the maximum rate that a municipality may charge a wireless provider for locating a small cell antenna on a municipally owned pole from $20 to $100 annually.

--Clarifying that municipalities may disallow small cells in the right of way if necessary to protect the public's health and safety.

--Allowing municipalities to require a permit to attach wireless facilities to existing poles and to construct and operate utility poles and wireless facilities in areas designated as historic districts and in areas where other utility facilities are required to be placed underground.

--Ensuring that the legislation does not overturn existing contracts that municipalities have entered into with wireless providers establishing higher pole rental rates than allowed under the bill.  

We continue to negotiate with the proponents of the bill.  

Public Hearing Scheduled: Although yet to be announced, we understand that the Assembly Committee on Jobs and the Economy will hold a public hearing on LRB-2103 on Tuesday, May 30, at 2:00 in Room 417 North.

A copy of LRB-2103 has been posted on the League's website:   http://www.lwm-info.org/DocumentCenter/View/1361