Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 11, Title 58 of the 1976 Code is amended by adding:
      Section 58-11-800.      (A) 
     This article must be known and may be cited 
as the 'South Carolina Small Wireless Facilities Deployment 
Act'.
      (B)      The General 
Assembly finds that:
            (1)     
 the deployment of small wireless facilities and other 
next-generation wireless and broadband network facilities is a 
matter of statewide concern and interest;     
 
            (2)     
 wireless and broadband products and services are a 
significant and continually growing part of the state's economy; 
accordingly, encouraging the development of strong and robust 
wireless and broadband communications networks throughout the 
state is integral to the state's economic competitiveness;
            (3)     
 rapid deployment of small wireless facilities will serve 
numerous important statewide goals and public policy objectives 
including, without limitation, meeting growing consumer demand 
for wireless data, increasing competitive options for 
communications services available to the state's residents; 
promoting the ability of the state's citizens to communicate 
with other citizens and with their state and local governments; 
and promoting public safety;
            (4)     
 small wireless facilities, including facilities commonly 
referred to as small cells and distributed antenna systems, are 
deployed most effectively in the rights of way (ROW);
            (5)     
 to meet the key objectives of this article, wireless 
providers must have access to the ROW and the ability to attach 
to infrastructure in the ROW to densify their networks and 
provide next generation wireless services;
            (6)     
 uniform rates and fees for the permitting and deployment 
of small wireless facilities in the ROW and on authority 
infrastructure, including poles, throughout the State is 
reasonable and will encourage the development of robust 
next-generation wireless and broadband networks for the benefit 
of citizens throughout the State; 
            (7)     
 the procedures, rates and fees in this article are fair 
and reasonable when viewed from the perspective of the state's 
citizens and the state's interest in having robust, reliable, 
and technologically advanced wireless and broadband networks; 
and reflect a balancing of the interests of the wireless 
providers deploying new facilities and the interests of 
authorities in recovering their costs of managing access to the 
ROW and the attachment space provided on authority 
infrastructure in such ROW; and
            (8)     
 this article fully occupies the entire field governing the 
placement and regulation of small wireless facilities and 
associated wireless support structures and poles in the ROW, and 
it supersedes and preempts any ordinance, resolution, rule, or 
similar matter adopted by an authority that purports to address 
or otherwise regulate the placement of such small wireless 
facilities, wireless support structures, and poles in the ROW.
      Section      58-11-810. 
     For purposes of this article:
      (1)      'Antenna' 
means:
            (a)     
 communications equipment that transmits or receives 
electromagnetic radio frequency signals used in the provision of 
wireless services; or
            (b)     
 similar equipment used for the transmission or reception 
of surface waves.
      (2)      'Applicable codes' 
means uniform building, fire, electrical, plumbing, or 
mechanical codes adopted by a recognized national code 
organization, or local amendments to those codes that are of 
general application, address public safety, and are consistent 
with this article.
      (3)      'Applicant' means 
any person that submits an application.
      (4)      'Application' means 
a request submitted by an applicant to an authority:
            (a)     
 for a permit to collocate small wireless facilities; 
or
            (b)     
 to approve the installation, modification, or replacement 
of a pole or wireless support structure.
      (5)      'Authority' means 
any county, municipality, or consolidated government or any 
agency, district, subdivision or instrumentality thereof.
      (6)      'Authority pole' 
means a pole owned, managed, or operated by or on behalf of an 
authority, provided however, that such term shall not include 
poles, support structures, electric transmission structures, or 
equipment of any type that are part of a municipally owned or 
municipally controlled electric plant or system for furnishing 
of electricity to the public for compensation.
      (7)      'Collocate or 
collocation' means to install, mount, maintain, modify, operate, 
or replace small wireless facilities on or adjacent to a 
wireless support structure or pole.
      (8)      'Communications 
facility' means the set of equipment and network components, 
including wires, cables, surface wave couplers, and associated 
facilities used by a cable operator, as defined in 47 U.S.C. 
Section 522(5); a telecommunications carrier, as defined in 47 
U.S.C. Section 153(51); a provider of information service, as 
defined in 47 U.S.C. Section 153(24); or a wireless services 
provider to provide communications services, including cable 
service, as defined in 47 U.S.C. Section 522(6); 
telecommunications service, as defined in 47 U.S.C. Section 
153(53); an information service, as defined in 47 U.S.C. Section 
153(24); wireless service; surface wave communication, or other 
one-way or two-way communications service. 
      (9)      'Communications 
network' means a network used to provide communications 
service.
      (10)      'Communications 
service' means cable service as defined in 47 U.S.C. 522(6), 
information service as defined in 47 U.S.C. 153(24), 
telecommunications service as defined in 47 U.S.C 153(53), or 
wireless service.
      (11)      'Communications 
service provider' means a cable operator, as defined in 47 
U.S.C. Section 522(5); a provider of information service, as 
defined in 47 U.S.C. Section 153(24); a telecommunications 
carrier, as defined in 47 U.S.C., Section 153(51); or a wireless 
provider.
      (12)      'Compliant 
provision' means an enactment addressing aesthetics, 
undergrounding, or historical districts that adopts regulations 
that are:
            (a)     
 no more burdensome than those applied to other types of 
infrastructure deployments in the rights of way;
            (b)     
 reasonable;
            (c)     
 objective;
            (d)     
 published within thirty days prior to becoming applicable 
with regard to any wireless provider; and
            (e)     
 not an effective prohibition of service that is prohibited 
by federal law.
      (13)      'Decorative pole' 
means an authority pole that is specially designed and placed 
for aesthetic purposes and on which no appurtenances or 
attachments, other than a small wireless facility or specially 
designed informational or directional signage or temporary 
holiday or special event attachments, have been placed or are 
permitted to be placed according to nondiscriminatory municipal 
rules or codes.
      (14)      'Enactment' means 
any ordinance, rule, policy, or equivalently binding measure 
adopted by an authority.
      (15)      'FCC' means the 
Federal Communications Commission of the United States.
      (16)      'Fee' means a 
one-time, nonrecurring charge.
      (17)      'Historic 
district' means a group of buildings, properties, or sites that 
are either:
            (a)     
 listed in the National Register of Historic Places or 
formally determined eligible for listing by the Keeper of the 
National Register, the individual who has been delegated the 
authority by the federal agency to list properties and determine 
their eligibility for the National Register, in accordance with 
Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement 
codified at 47 C.F.R. Part 1, Appendix C; or
            (b)     
 a registered historic district pursuant to state law as of 
this article's effective date.
      (18)      'Law' means 
federal, state, or local law, statute, common law, code, rule, 
regulation, order, or ordinance. 
      (19)      'Micro wireless 
facility' means a small wireless facility that meets the 
following qualifications: 
            (a)     
 is not larger in dimension than twenty-four inches in 
length, fifteen inches in width, and twelve inches in height; 
and
            (b)     
 any exterior antenna that is no longer than eleven 
inches.
      (20)      'Network interface 
device' means the telecommunications demarcation device and 
cross connect point pole demarcating the boundary with any 
wireline backhaul facility and which is on or adjacent to the 
pole or support structure supporting the small wireless 
facility.
      (21)      'Permit' means a 
written authorization, in electronic or hard copy format, 
required to be issued by an authority to initiate, continue, or 
complete the collocation of a small wireless facility or the 
installation, modification, or replacement of a pole or 
decorative pole upon which a small wireless facility is 
collocated.
      (22)      'Person' means an 
individual, corporation, limited liability company, partnership, 
association, trust, or other entity or organization, including 
an authority.
      (23)      'Pole' means a 
vertical pole such as a utility, lighting, traffic, or similar 
pole made of wood, concrete, metal, or other material that is 
lawfully located or to be located within a right of way 
including, without limitation, a replacement pole and an 
authority pole.  Such term shall not include a support structure 
or electric transmission structure.
      (24)      'Rate' means a 
recurring charge.
      (25)      'Rights of way' or 
'ROW' means the area through, upon, over, or under a road, 
highway, street, sidewalk, alley, or similar property; provided, 
however, that such term shall apply only to property or any 
interest therein that is under the ownership or control of an 
authority and shall not include property or any interest therein 
acquired for or devoted to a federal interstate highway.
      (26)      'Small wireless 
facility' means radio transceivers; surface wave couplers; 
antennas; coaxial or fiber optic cable located on a pole or 
support structure, immediately adjacent to a pole or support 
structure, or directly associated with equipment located on a 
pole or support structure and within a one hundred-yard radius 
of the pole or support structure; regular and backup power 
supplies and rectifiers; and associated ancillary equipment, 
regardless of technological configuration, at a fixed location 
or fixed locations that enable communication or surface wave 
communication between user equipment and a communications 
network and that meets both of the following qualifications: (i) 
each wireless provider's antenna could fit within an enclosure 
of no more than six cubic feet in volume; and (ii) all other 
wireless equipment associated with the small wireless facility, 
whether ground or pole mounted, is cumulatively no more than 
twenty-eight cubic feet in volume. The following types of 
associated ancillary equipment are not included in the 
calculation of the volume of all other wireless equipment 
associated with any such facility: electric meters, concealment 
elements, network interface devices, grounding equipment, power 
transfer switches, cut-off switches, and vertical cable runs for 
the connection of power and other services.  The term 'small 
wireless facility' does not include: the pole, support 
structure, or improvements on, under, or within which the 
equipment is located or collocated or to which the equipment is 
attached; wireline backhaul facilities; or coaxial or 
fiber-optic cable that is between small wireless facilities, 
poles, or support structures or that is otherwise not 
immediately adjacent to or directly associated with a particular 
antenna.
      (27)      'Support 
structure' means a building, billboard, water tank, or any other 
structure to which a small wireless facility is or may be 
attached.  Such term shall not include a decorative pole, 
electric transmission structure, or pole.
      (28)      'Technically 
feasible' means that by virtue of engineering or spectrum usage 
the proposed placement for a small wireless facility, or its 
design, concealment measures, or site location can be 
implemented without a reduction in the functionality of the 
small wireless facility.
      (29)      'Wireless 
communications' means any communications using licensed or 
unlicensed spectrum, including the use of Wi-Fi, whether at a 
fixed location or mobile, provided to the public.
      (30)      'Wireless 
infrastructure provider' means any person, including a person 
authorized to provide telecommunications service in the State, 
acting to build or install wireless communication transmission 
equipment, wireless facilities or wireless support structures, 
but that is not a wireless services provider.
      (31)      'Wireless 
provider' means a wireless infrastructure provider or a wireless 
services provider.
      (32)      'Wireless 
services' means any services using licensed or unlicensed 
spectrum, including the use of Wi-Fi, whether at a fixed 
location or mobile, provided to the public.
      (33)      'Wireless services 
provider' means a person who provides wireless services.
      (34)      'Wireline backhaul 
facility' means an above-ground or underground wireline facility 
used to transport communications between a small wireless 
facility network interface device and a network or another small 
wireless network interface device.
      Section 58-11-815.      (A) 
     An agreement or enactment that does not 
fully comply with this section applies only to small wireless 
facilities and associated poles and support structures that were 
installed before October 1, 2019, and must be deemed invalid and 
unenforceable beginning October 1, 2019, until amended to fully 
comply with this article. If an agreement or enactment is 
invalid and unenforceable in accordance with this section, small 
wireless facilities and associated utility poles that were 
installed before October 1, 2019, pursuant to such agreement or 
ordinance may remain installed at the option of the wireless 
provider and must be operated and maintained under the 
provisions of this article. 
      (B)(1)      No later than 
October 1, 2019, an authority may adopt an enactment that: 
            (a)     
 adopts compliant provisions in lieu of the provisions of 
Section 58-11-820(F)(2), (G), and (H); 
            (b) authorizes 
wireless providers to install and operate small wireless 
facilities and associated poles and support structures in strict 
compliance with all other provisions of this article; and 
            (c)     
 if the authority is a municipality, grants any consent 
that has not previously been granted, either expressly or 
otherwise, for wireless providers to install and operate small 
wireless facilities and associated poles and support structures 
in compliance with subitems (a) and (b).
      (C)      In the absence of 
an enactment that strictly complies with subsection (B), and 
until such an enactment is adopted, if at all, a wireless 
provider may install and operate small wireless facilities and 
associated poles and support structures under the requirements 
of this article on and after October 1, 2019. 
      (D)(1)      An authority 
must not require a wireless provider to enter into an agreement 
including, without limitation, a franchise agreement whether 
memorialized in an ordinance or in any other manner, to 
implement this article, but nothing in this article prohibits an 
authority and a wireless provider from voluntarily entering one 
or more such agreements after the effective date of this 
article, including such agreements with rates, fees, and other 
terms that differ from those in this article, provided however, 
that the authority must make each such agreement available for 
public inspection and available for adoption upon the same terms 
and conditions to any requesting wireless provider.
            (2)     
 Agreements entered into pursuant to item (1) are 
public-private arrangements and are matters of legitimate and 
significant statewide concern.
      Section 58-11-820.      (A) 
     The provisions of this section shall apply 
only to activities of a wireless provider within the ROW to 
deploy small wireless facilities and associated poles.
      (B)      An authority may 
not enter into an exclusive arrangement with any person for use 
of the ROW for the collocation of small wireless facilities or 
the installation, operation, marketing, modification, 
maintenance, or replacement of poles.
      (C)      Subject to the 
exceptions pursuant to Section 58-11-830(E)(1), an authority 
only may charge a wireless provider a nondiscriminatory rate or 
fee for the use of the ROW with respect to the collocation of 
small wireless facilities or the installation, maintenance, 
modification, operation, or replacement of a pole in the ROW, if 
the authority charges other entities for use of the ROW. 
Notwithstanding the foregoing, an authority is permitted, on a 
nondiscriminatory basis, to refrain from charging any rate to a 
wireless provider for the use of the ROW. The rate for use of 
the ROW is provided in Section 58-11-850.
      (D)      Subject to the 
provisions of this section, a wireless provider shall have the 
right, as a permitted use not subject to zoning review or 
approval, to collocate small wireless facilities and install, 
maintain, modify, operate, and replace  poles in the ROW. These 
structures and facilities must be so installed and maintained as 
not to obstruct or hinder the usual travel or public safety in 
the ROW or obstruct the legal use of the ROW by utilities.
      (E)(1)      Each new or 
modified pole installed in the ROW may not exceed the greater of 
ten feet in height above the tallest existing pole in place as 
of the effective date of this article located within five 
hundred feet of the new pole in the same ROW, or fifty feet 
above ground level.
            (2)     
 New small wireless facilities in the ROW may not extend 
more than ten feet above an existing pole in place as of the 
effective date of this article; or for small wireless facilities 
on a new pole, above the height permitted for a new pole 
pursuant to this section.
            (3)     
 Subject to the provisions of this section and applicable 
zoning regulations, a wireless provider must have the right to 
collocate a small wireless facility and install, maintain, 
modify, operate, and replace a pole that exceeds the height 
limits set forth in item (1) in the ROW.
      (F)(1)      A wireless 
provider must be permitted to collocate on or replace decorative 
poles when necessary to deploy a small wireless facility.
            (2)     
 An authority may require the collocation or decorative 
pole replacement to reasonably conform to the design aesthetics 
of the original decorative pole or poles, provided these 
requirements are technically feasible.
      (G)(1)      A wireless 
provider shall comply with reasonable and nondiscriminatory 
requirements that prohibit the installation of poles or wireless 
support structures in the ROW in an area designated solely for 
underground communications and electric lines, where:
            (a)     
 no less than three months prior to the submission of the 
application, the authority has required all such lines to be 
placed underground;
            (b)     
 poles the authority allows to remain are made available to 
wireless providers for the collocation of small wireless 
facilities and may be replaced by a wireless provider to 
accommodate the collocation of small wireless facilities, in 
compliance with this article; or
            (c)     
 a wireless provider is allowed to install a new pole when 
it is not able to provide wireless service by collocating on a 
remaining  pole or wireless support structure. 
            (2)     
 For small wireless facilities installed before an 
authority adopts requirements that comply with item (1), an 
authority adopting such requirements shall:
            (a)     
 permit a wireless provider to maintain the small wireless 
facilities in place subject to any applicable pole attachment 
agreement with the pole owner; or
            (b)     
 permit the wireless provider to replace the associated 
pole within fifty feet of the prior location, provided that the 
wireless provider shall allow communications service providers 
with attachments on the existing utility pole to place those 
attachments on the replacement utility pole under the same or 
reasonably similar rates, terms, and conditions as applied to 
those attachments on the existing pole.
      (H)      Subject to Section 
58-11-830(D), an authority may require reasonable, technically 
feasible, nondiscriminatory and technologically neutral design 
or concealment measures in a historic district. These design or 
concealment measures may not have the effect of prohibiting any 
provider's technology; nor may any such measures be considered a 
part of the small wireless facility for purposes of the size 
restrictions in the definition of small wireless facility.
      (I)      The authority, in 
the exercise of its administration and regulation related to the 
management of the ROW, must be competitively neutral and 
nondiscriminatory with regard to all users of the ROW.  The 
authority's ROW may not be unreasonable or discriminatory and 
may not violate any applicable law.
      (J)      The authority may 
require a wireless provider to repair all damage to the ROW 
directly caused by the activities of the wireless provider in 
the ROW and to return the ROW to its functional equivalence 
before the damage pursuant to the competitively neutral, 
reasonable requirements and specifications of the authority. If 
the wireless provider fails to make the repairs required by the 
authority within a reasonable time after written notice, the 
authority may make those repairs and charge the applicable party 
the reasonable, documented cost of such repairs. 
      (K)      A wireless provider 
must not be required to replace or upgrade an existing pole 
except for reasons of structural necessity or compliance with 
applicable codes.  A wireless provider may, with the permission 
of the pole owner, replace or modify existing poles, but any 
such replacement or modification must be consistent with the 
design aesthetics of the poles being modified or replaced.
      (L)      New, modified, or 
replacement poles associated with a small wireless facility 
which meet the requirements of this section are permitted uses 
pursuant to the permit process in Section 58-11-830(D).
      (M)      A wireless provider 
shall notify the authority at least thirty days before its 
abandonment of a small wireless facility.  Following receipt of 
such notice, the authority may direct the wireless provider to 
remove all or any portion of the small wireless facility if the 
authority determines that such removal is in the best interest 
of the public safety and public welfare.  If the wireless 
provider fails to remove the abandoned facility within ninety 
days after such notice, the authority may undertake to do so and 
recover the actual and reasonable expenses of doing so from the 
wireless provider, its successors or assigns.
      (N)      Nothing in this 
article relieves any person including, without limitation, any 
wireless provider, of any applicable obligation to pay business 
license taxes including, without limitation, those provided for 
in Section 58-9-2200, et. seq., or franchise fees.  Any entity 
that uses the ROW, directly or indirectly, including through 
leased facilities, to provide services in a municipality is 
responsible for all applicable taxes and fees related to the 
services provided.
      Section 58-11-830.      (A) 
     The provisions of this section shall apply 
to the permitting of the collocation of small wireless 
facilities by a wireless provider in the ROW and to the 
permitting of the installation, modification, and replacement of 
associated poles by a wireless provider inside the ROW.
      (B)      Except as provided 
in this article, an authority may not prohibit, regulate, or 
charge for the collocation of small wireless facilities and 
associated poles described in subsection (A).
      (C)      Small wireless 
facilities must be classified as permitted uses and not subject 
to zoning review or approval if they are collocated in the ROW 
in any zone.
      (D)      An authority may 
require an applicant to obtain one or more permits to collocate 
a small wireless facility or install a new, modified, or 
replacement  pole associated with a small wireless facility as 
provided in Section 58-11-820(D), provided the permits are of 
general applicability and do not apply exclusively to wireless 
facilities. An authority shall receive applications for, 
process, and issue such permits subject to the following 
requirements:
            (1)     
 An authority may not directly or indirectly require an 
applicant to perform services or provide goods unrelated to the 
permit, such as in-kind contributions to the authority 
including, but not limited to, reserving fiber, conduit, or pole 
space for the authority.
            (2)     
 An applicant must not be required to provide more 
information to obtain a permit than communications service 
providers that are not wireless providers, provided that an 
applicant may be required to include construction and 
engineering drawings and information demonstrating compliance 
with the criteria delineated in item (9).
            (3)     
 An authority may not require: 
            (a)     
 the collocation of small wireless facilities on a specific 
pole or category of poles or require multiple antenna systems on 
a single pole;
            (b)     
 the use of specific pole types or configurations when 
installing new or replacement poles; or
            (c)     
 subject to Section 58-11-820(G)(1), the underground 
placements of small wireless facilities that are or are 
designated in an application to be pole-mounted or 
ground-mounted.
            (4)     
 An authority may not limit the collocation of small 
wireless facilities by minimum horizontal separation distance 
requirements from existing small wireless facilities, poles, or 
other structures.
            (5)     
 The authority may require an applicant to include an 
attestation that the small wireless facilities will be 
operational for use by a wireless services provider within one 
year after the permit issuance date, unless the authority and 
the applicant agree to extend this period or delay is caused by 
lack of commercial power or by the lack of communications 
transport facilities to be provided to the site by an entity 
that is not an affiliate, as that term is defined in 47 U.S.C. 
Section 153(2), of the applicant.
            (6)     
 The authority may require an applicant that is not a 
wireless services provider to include an attestation that a 
wireless services provider has requested in writing that the 
applicant collocate the small wireless facilities or install, 
modify, or replace the utility pole at the requested 
location.
            (7)     
 Within ten days of receiving an application, an authority 
must determine and notify the applicant in writing whether the 
application is complete. If an application is incomplete, an 
authority shall specifically identify the missing information in 
writing. The processing deadline in item (8) is tolled from the 
time the authority sends the notice of incompleteness to the 
time the applicant provides the missing information. That 
processing deadline also may be tolled by agreement of the 
applicant and the authority, confirmed in writing. 
            (8)     
 An application must be processed on a nondiscriminatory 
basis and is deemed approved if the authority fails to approve 
or deny the application within sixty days of receipt of the 
application.
            (9)     
 An authority may deny a proposed collocation of a small 
wireless facility or a proposed installation, modification, or 
replacement of a pole that meets the requirements in Section 
58-11-820(E) only if the proposed application: 
            (a)     
 materially interferes with the safe operation of traffic 
control equipment; 
            (b)     
 materially interferes with sight lines or clear zones for 
transportation or pedestrians;
            (c)     
 materially interferes with compliance with the Americans 
with Disabilities Act or similar federal or state standards 
regarding pedestrian access or movement; 
            (d)     
 fails to comply with reasonable and nondiscriminatory 
horizontal spacing requirements of general application adopted 
by ordinance that concern the location of ground-mounted 
equipment and new poles. These spacing requirements may not 
prevent a wireless provider from serving any location;
            (e)     
 designates the location of a new pole for the purpose of 
collocating a small wireless facility within seven feet in any 
direction of an electrical conductor, unless the wireless 
provider obtains the written consent of the power supplier that 
owns or manages the electrical conductor;
            (f)     
 fails to comply with applicable codes; or
            (g)     
 fails to comply with Section 58-11-820(F), (G), or (H) or 
any compliant provisions adopted in lieu thereof in accordance 
with Section 58-11-815(B).
            (10)     
 The authority shall document the basis for a denial, 
including the specific provisions of this article on which the 
denial was based, and send the documentation to the applicant on 
or before the day the authority denies an application. The 
applicant may cure the deficiencies identified by the authority 
and resubmit the application within thirty days of the denial 
without paying an additional application fee. The authority 
shall approve or deny the revised application within thirty days 
of resubmission and limit its review to the deficiencies cited 
in the denial. Any application not acted upon within thirty days 
of resubmission is deemed approved.
            (11)     
 An applicant seeking to collocate small wireless 
facilities within the jurisdiction of a single authority must be 
allowed at the applicant's discretion to file a consolidated 
application for up to thirty small wireless facilities and 
receive a single permit for the collocation of multiple small 
wireless facilities; provided, however, the denial of one or 
more small wireless facilities in a consolidated application 
must not delay processing of any other small wireless facilities 
in the same consolidated application.  Solely for purposes of 
calculating the number of small wireless facilities in a 
consolidated application, a small wireless facility includes any 
pole on which such small wireless facility will be 
collocated.
            (12)     
 Installation or collocation for which a permit is granted 
pursuant to this section must be completed within one year of 
the permit issuance date unless the authority and the applicant 
agree to extend this period or a delay is caused by the lack of 
commercial power or by the lack of communications facilities to 
be provided to the site by an entity that is not an affiliate, 
as that term is defined in 47 U.S.C. Section 153(2), of the 
applicant. Approval of an application authorizes the applicant 
to:
            (a)     
 undertake the installation or collocation; and
            (b)     
 subject to applicable relocation requirements and the 
applicant's right to terminate at any time, operate and maintain 
the small wireless facilities and any associated  pole covered 
by the permit for a period of no less than ten years, which must 
be renewed for equivalent durations so long as the installation 
or collocation is in compliance with the criteria set forth in 
item (9).
            (13)     
 An authority may not institute, either expressly or de 
facto, a moratorium on filing, receiving, or processing 
applications, or issuing permits or other approvals, if any, for 
the collocation of small wireless facilities or the 
installation, modification, or replacement of poles to support 
small wireless facilities.
            (14)     
 The approval of the installation, placement, maintenance, 
or operation of a small wireless facility pursuant to this 
section neither constitutes an authorization nor affects any 
authorization a provider may have to provide a communication 
service or to install, place, maintain, or operate any other 
communications facility, including a wireline backhaul facility, 
in a ROW.
      (E)(1)      An authority may 
not require a permit or any other approval or charge fees or 
rates for:
            (a)     
 routine maintenance;
            (b)     
 the replacement of small wireless facilities with small 
wireless facilities that are substantially similar or the same 
size or smaller; or
            (c)     
 the installation, placement, maintenance, operation, or 
replacement of micro wireless facilities that are suspended on 
cables that are suspended between poles or wireless support 
structures in compliance with applicable codes.
            (2)     
 An authority may require a permit for work that requires 
excavation or closure of sidewalks or vehicular lanes within the 
ROW for the activities described in item (1).  Such a permit 
must be issued to the applicant on a nondiscriminatory basis 
upon terms and conditions that apply to the activities of any 
other person in the ROW that require excavation or the closing 
of sidewalks or vehicular lanes.
      Section 58-11-840.      (A) 
     The provisions of this section apply to 
activities of any wireless provider in the ROW.
      (B)      A person owning, 
managing, or controlling authority poles in the ROW may not 
enter into an exclusive arrangement with any person for the 
right to attach to such poles.  A person who purchases or 
otherwise acquires an authority pole is subject to the 
requirements of this section.
      (C)      An authority shall 
allow the collocation of small wireless facilities on authority 
poles on nondiscriminatory terms and conditions pursuant to 
Section 58-11-830.
      (D)(1)      The rates to 
collocate on authority poles must be nondiscriminatory 
regardless of the services provided by the collocating wireless 
provider.
            (2)     
 The rate to collocate on authority poles must be as set 
forth in Section 58-11-850.
      (E)(1)      The rates, fees, 
terms, and conditions for make-ready work to collocate on an 
authority pole must be nondiscriminatory, competitively neutral, 
and commercially reasonable and must comply with this 
article.
            (2)     
 The authority shall provide a good faith estimate for any 
make-ready work necessary to enable the pole to support the 
requested collocation by a wireless provider, including pole 
replacement if necessary, within sixty days after receipt of a 
complete application. Make-ready work, including any pole 
replacement, must be completed within sixty days of written 
acceptance of the good faith estimate by the applicant. An 
authority may require replacement of the authority pole only if 
it demonstrates that the collocation would make the authority 
pole structurally unsound.
            (3)     
 The person owning, managing, or controlling the authority 
pole must not require more make-ready work than required to meet 
applicable codes or industry standards.  Fees assessed by or on 
behalf of an authority for make-ready work, including any pole 
replacement, must not:
            (a)     
 include costs related to preexisting or prior damage or 
noncompliance;
            (b)     
 exceed either actual costs or the amount charged to other 
communications service providers for similar work; or
            (c)     
 include any revenue or contingency-based consultant's fees 
or expenses of any kind.
            (4)     
 A wireless provider collocating on an authority pole 
pursuant to this article is responsible for reimbursing third 
parties for their actual and reasonable costs of any make-ready 
work reasonably required by the third party to accommodate the 
collocation.  If the authority includes such costs of a third 
party in the good faith estimate provided pursuant to item (2) 
of this section, payment of that estimate to the authority 
constitutes reimbursement of the third party by the wireless 
provider.  Otherwise, the third party may bill the wireless 
provider for such reimbursement within six months of the 
completion of the third party's make-ready work.
      Section 58-11-850.      (A) 
     This section governs an authority's rates 
and fees for the collocation of a wireless facility or 
installation of an associated pole.
      (B)      Except as it 
relates to small wireless facilities subject to the permit and 
fee requirements established pursuant to this article or 
otherwise specifically authorized by state or federal law 
including, without limitation, Article 20 of Chapter 9, Title 
58, an authority may not:
            (1)     
 adopt or enforce any regulations or requirements on the 
placement or operation of communications facilities in a ROW by 
a communications service provider authorized by federal, state, 
or local law to operate in a ROW;
            (2)     
 regulate any communications services; or
            (3)     
 impose or collect any tax, fee, or charge for the 
provision of any communications service over the communications 
service provider's communications facilities in a ROW.
      (C)      Without limiting 
the foregoing, a wireless provider is authorized to deploy small 
wireless facilities and associated poles in a ROW in compliance 
with this article regardless of whether the provider has sought 
or obtained any certificate or other authority from the Public 
Service Commission of South Carolina. 
      (D)(1)      A municipality 
may not charge an application fee to a wireless provider that is 
subject to a business license tax that is or could be imposed on 
it pursuant to Section 58-9-2220 and a franchise, consent, or 
administrative fee that is or could be imposed on it pursuant to 
Section 58-9-2230.
            (2)     
 A municipality may not charge any application fee to any 
communications service provider that is subject to a franchise 
fee that is or could be imposed on it pursuant to Section 
58-12-330.
            (3)     
 Except as provided in item (1) and (2), an authority may 
charge an application fee, so long as the fee is reasonable, 
nondiscriminatory, and recovers no more than an authority's 
direct costs for processing an application; provided however, 
the fee may not exceed:
            (a)     
 one hundred dollars each for the first five small wireless 
facilities on the same application and fifty dollars for each 
additional small wireless facility on the same application; 
or
            (b)     
 two hundred fifty dollars for the installation, 
modification, or replacement of a pole together with the 
collocation of an associated small wireless facility that are 
permitted uses in accordance with the specifications in Section 
58-11-820(D).
      (E)(1)      A municipality 
may not charge any fee for the occupancy and use of the ROW to a 
wireless provider that is subject to a business license tax that 
is or could be imposed on it pursuant to Section 58-9-2220 and a 
franchise, consent, or administrative fee that is or could be 
impose on it pursuant to Section 58-9-2230.
            (2)     
 A municipality may not charge any fee for the occupancy 
and use of the ROW to a communications service provider that is 
subject to a franchise fee that is or could be imposed on it 
pursuant to Section 58-12-330.
            (3)     
 Except as provided in item (1) and (2), an authority may 
charge a wireless provider for the occupancy and use of the ROW, 
so long as such rate is reasonable, nondiscriminatory, and does 
not exceed twenty dollars per year per small wireless 
facility.
      (F)(1)      An authority may 
charge for collocation of a small wireless facility on an 
authority pole, but any such rate must be reasonable, 
nondiscriminatory, and recover no more than the authority's 
direct costs associated with such collocation, not to exceed 
twenty dollars per authority pole per year.
            (2)     
 Other than requiring a wireless provider to pay attachment 
fees as permitted by item (1), an authority may not require any 
person or entity with facilities installed on a pole or support 
structure to pay any additional attachment fees as a result of 
the granting of an application for a permit under this article.
Section 58-11-853. The construction, installation, maintenance, modification, operation, and replacement of wireline backhaul facilities in the right of way are not addressed by this article, and any such activity shall comply with the applicable provisions of the 1976 Code including, without limitation, Section 58-9-280(A) and (B) and Chapter 12, Title 58.
Section 58-11-857. An applicant in the right of way must not install, maintain, modify, operate, repair, or replace any small wireless facilities, wireless support structures, poles, or decorative poles in a manner that will interfere with any existing infrastructure, equipment, or service including, without limitation, infrastructure, equipment, or service used to provide communications, electric, gas, water, or sewer services.
      Section 58-11-860.      The 
provisions of this section apply only to activities in the ROW. 
Nothing in this article must be interpreted to:
      (1)      allow an entity to 
provide services regulated pursuant to 47 U.S.C. Sections 521 to 
573, without compliance with all laws applicable to such 
providers; or
      (2)      impose any new 
requirements on cable providers for the provision of such 
service in this State.
Section 58-11-870. Pursuant to the provisions of this article and applicable federal law, an authority may continue to exercise zoning, land use, planning and permitting authority within its territorial boundaries with respect to wireless support structures and poles, including the enforcement of applicable codes. An authority may not have or exercise any jurisdiction or authority over the design, engineering, construction, installation, or operation of a small wireless facility located in an interior structure or upon the site of a campus, stadium, or athletic facility not owned or controlled by the authority, other than to require compliance with applicable codes. Nothing in this article authorizes the State or a political subdivision, including an authority, to require any wireless facility deployment or to regulate wireless services.
Section 58-11-880. This article does not apply to poles owned by an investor-owned utility, except as it concerns a wireless provider's access to the ROW and permits for the collocation of small wireless facilities on such poles.
Section 58-11-900. The Administrative Law Court has jurisdiction to determine all disputes arising under this article between an applicant and an authority or any person or entity acting on behalf of an authority. Pending resolution of a dispute concerning rates for collocation of small wireless facilities on authority poles, the person owning or controlling the pole must allow the collocating person to collocate on its poles at annual rates of no more than twenty dollars with the actual rate to be settled upon final resolution of the dispute. Disputes subject to this section must be adjudicated pursuant to accelerated docket or complaint procedures, if available.
      Section 58-11-910.      (A) 
     An authority may adopt reasonable 
indemnification, insurance and bonding requirements related to 
small wireless facility and associated pole permits subject to 
the requirements of this section.
      (B)      An authority may 
not require a wireless provider to indemnify and hold the 
authority and its officers and employees harmless against any 
claims, lawsuits, judgments, costs, liens, losses, expenses, or 
fees, except when a court of competent jurisdiction has found 
that the negligence of the wireless provider while installing, 
repairing, or maintaining facilities, poles, or support 
structures pursuant to this article caused the harm that created 
such claims, lawsuits, judgments, costs, liens, losses, 
expenses, or fees.
      (C)      An authority may 
require a wireless provider to have in effect insurance coverage 
consistent with this section, so long as the authority imposes 
similar requirements on other ROW users and such requirements 
are reasonable and nondiscriminatory.
            (1)     
 An authority may not require a wireless provider to obtain 
insurance naming the authority or its officers and employees as 
additional insureds. 
            (2)     
 An authority may require a wireless provider to furnish 
proof of insurance, if required, prior to the effective date of 
a permit issued for a small wireless facility.
      (D)      An authority may 
adopt bonding requirements for small wireless facilities if the 
authority imposes similar requirements in connection with 
permits issued for other ROW users.
            (1)     
 The purpose of such bonds must be to provide for the:
            (a)     
 removal of abandoned or improperly maintained small 
wireless facilities, including those that an authority 
determines must be removed to protect public health, safety, or 
welfare;
            (b)     
 restoration of the ROW as provided in Section 
58-11-820(J); and
            (c)     
 recoupment of rates or fees that have not been paid by a 
wireless provider in over twelve months, so long as the wireless 
provider has received reasonable notice from the authority of 
any of the noncompliance listed above and an opportunity to 
cure.
            (2)     
 Bonding requirements may not exceed two hundred dollars 
per small wireless facility. For wireless providers with 
multiple small wireless facilities within the jurisdiction of a 
single authority, the total bond amount across all facilities 
may not exceed ten thousand dollars, and that amount may be 
combined into one bond instrument.
Section 58-11-920. Neither the State nor any agency, department, or instrumentality thereof may condition a wireless provider's access to any ROW or a wireless provider's deployment of small wireless facilities and associated poles in any ROW on the wireless provider's seeking or obtaining any certificate or other authority from the Public Service Commission of South Carolina; provided however, that for any wireless provider that is not also a wireless services provider, such access and deployment may be conditioned on an attestation that a wireless services provider has requested in writing that the wireless provider deploy small wireless facilities or associated poles at the requested location."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.