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S3046Senate2019-2020 SessionSame asA4066

Notify Neighbors of Cell Towers

Official title

“Relates to notice requirements and municipal cooperation in wireless facility siting”

Sponsor Neil D. BreslinSD-44Affects Environment & Energy
Status
In Senate Committee
Energy And Telecommunications
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Energy And Telecommunications

What's happening

This bill requires telecom companies to notify nearby property owners and municipalities before installing wireless facilities and to consider co-locating on existing infrastructure.

Why it matters

  1. Gives local property owners and residents a direct voice. by requiring advance written notification to those within 2,500 feet of proposed wireless facilities, allowing them to prepare for and potentially respond to upcoming installations.

  2. Strengthens municipal oversight and cooperation. by mandating that telecom companies both notify and actively solicit input from municipalities regarding possible use of existing infrastructure, potentially giving local governments more influence over siting decisions.

  3. Prioritizes co-location and infrastructure reuse. by obligating companies to use existing, technically and commercially feasible infrastructure when available, which could help minimize the proliferation of new towers and reduce community disruption.

  4. Sets statewide coordination standards. by requiring the development of an official guide on best practices for working with municipalities, property owners, and residents, potentially leading to more transparent and consistent installation processes across New York.

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Who cares

Headline styles

Notify Neighbors of Cell Towers

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Neil D. Breslin

Senator · Senate District 44

Chair, Insurance

No co-sponsors yet.

History

  1. Referred to energy and telecommunications
  2. Committed to rules
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.437
  6. Referred to energy and telecommunications

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A4066Assembly

Notify Neighbors of Cell Towers

In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Patricia Fahy

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

S. 3046 A. 4066

2019-2020 Regular Sessions

SENATE - ASSEMBLY

February 1, 2019

IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications

IN ASSEMBLY -- Introduced by M. of A. FAHY -- read once and referred to the Committee on Corporations, Authorities and Commissions

AN ACT to amend the public service law, in relation to notice requirements and municipal cooperation in wireless facility siting

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The public service law is amended by adding a new section 119-d to read as follows:

§ 119-d. Wireless siting notice; municipal cooperation. 1. For purposes of this section "wireless facility" means any facility used in connection with the provision of commercial mobile services, as that term is defined in section 332(d) of title 47, United States Code; wireless facility shall include, but is not limited to, antennas, small cell infrastructure, ancillary equipment and telecommunications towers.

2. Prior to any telecommunication company or cellular communication company installing a wireless facility in the state, such company shall, not less than sixty days before the planned installation of such wireless facility:

a. provide written notice to all owners and residents of property located within two thousand five hundred feet of such proposed wireless facility;

b. provide written notice to the municipalities in which such proposed wireless facility is located;

c. solicit suggestions from municipalities in which such proposed wireless facility is located for existing infrastructure which is technically and commercially feasible for co-location with such proposed wireless facility; and

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07086-02-9

S. 3046 2 A. 4066

d. use suggested existing infrastructure which is technically and commercially feasible for co-location with such proposed wireless facility.

3. No later than December thirty-first, two thousand nineteen, the commission shall develop a guide for any telecommunication company or cellular communication company installing wireless facilities in the state. Such guide shall include best practices for coordination with local municipal governments, property owners, and residents for the siting and potential co-location of wireless facilities.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the public service law, in relation to notice require- ments and municipal cooperation in wireless facility siting

Purpose or general idea of bill

AN ACT to amend the public service law, in relation to notice require- ments and municipal cooperation in wireless facility siting

Summary of provisions

Section 1: Adds a new section 119-d. The section provides for:

1. Definition of "wireless facility"

2. Provides certain requirements for cellular communications companies in installing new wireless facilities concerning notification of surrounding residents and municipal authorities.

3. Directs the Public Service Commission to develop guidelines for cellular communications companies for coordination with municipal governments and property owners in siting new wireless facilities

Justification

The buildout of expansive new wireless technology as well as the coming arrival of 5G technology will require the construction and siting of many new wireless facilities including antennas, small cell equipment, and telecommunications towers in New York State. The construction of this new infrastructure is important for New York's technological future, and is typically provided for by cellular communications compa- nies.

The siting of these new facilities has caused friction between property owners and cellular companies with regard to the location of new infras- tructure. This legislation aims to foster cooperation and consideration of the needs of both parties by:

1. Requiring that property owners and their neighbors are notified of new requests to site wireless infrastructure.

2. Requiring municipalities are notified in writing of proposed wireless facility sites not less than 60 days before a planned installation of such a facility.

3. Requiring cellular communications companies solicit suggestions from municipalities to identify existing infrastructure that can be used in lieu of building new wireless facilities.

4. Directing the Public Service Commission (PSC) to develop a guide for telecommunications companies which shall include best practices for coordinating with municipalities and property owners.

Prior legislative history

None

Fiscal implications for state and local governments

None

Effective date

This act shall take effect immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.