Relates to notice requirements and municipal cooperation in wireless facility siting; requires notification be provided to municipalities in which wireless facilities are to be sited and to residents within two thousand five hundred feet of proposed wireless facilities.
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 print-
ed, 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 require-
ments and municipal cooperation in wireless facility siting
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public service law is amended by adding a new section
2 119-d to read as follows:
3 § 119-d. Wireless siting notice; municipal cooperation. 1. For
4 purposes of this section "wireless facility" means any facility used in
5 connection with the provision of commercial mobile services, as that
6 term is defined in section 332(d) of title 47, United States Code; wire-
7 less facility shall include, but is not limited to, antennas, small cell
8 infrastructure, ancillary equipment and telecommunications towers.
9 2. Prior to any telecommunication company or cellular communication
10 company installing a wireless facility in the state, such company shall,
11 not less than sixty days before the planned installation of such wire-
12 less facility:
13 a. provide written notice to all owners and residents of property
14 located within two thousand five hundred feet of such proposed wireless
15 facility;
16 b. provide written notice to the municipalities in which such proposed
17 wireless facility is located;
18 c. solicit suggestions from municipalities in which such proposed
19 wireless facility is located for existing infrastructure which is tech-
20 nically and commercially feasible for co-location with such proposed
21 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
1 d. use suggested existing infrastructure which is technically and
2 commercially feasible for co-location with such proposed wireless facil-
3 ity.
4 3. No later than December thirty-first, two thousand nineteen, the
5 commission shall develop a guide for any telecommunication company or
6 cellular communication company installing wireless facilities in the
7 state. Such guide shall include best practices for coordination with
8 local municipal governments, property owners, and residents for the
9 siting and potential co-location of wireless facilities.
10 § 2. This act shall take effect immediately.