HB 733 - AS AMENDED BY THE HOUSE

6jan00.....2086h

                                           1999 SESSION

      99-0161

      10/09

HOUSE BILL 733

AN ACT relative to a state master plan for the deployment of personal wireless service facilities.

SPONSORS: Rep. Belvin, Hills 14; Rep. Bradley, Carr 8; Rep. N. Kaen, Straf 7

COMMITTEE: Science, Technology and Energy

                                            ANALYSIS

            This bill establishes a master plan for the orderly deployment of personal wireless service facilities in communities throughout
the state.

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Explanation: Matter added to current law appears in bold italics.

              Matter removed from current law appears [in brackets and struckthrough.]

              Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6jan00.....2086h

      99-0161

      10/09

                                      STATE OF NEW HAMPSHIRE

                        In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine
AN ACT relative to a state master plan for the deployment of personal wireless service facilities.
                   Be it Enacted by the Senate and House of Representatives in General Court convened:

   1 New Chapter; Deployment of Personal Wireless Service Facilities. Amend RSA by inserting after RSA 12-I the following new chapter:

                                  DEPLOYMENT OF PERSONAL WIRELESS

                                         SERVICE FACILITIES

   12-J:1 Goals; Purpose.

      I. The federal Telecommunications Act of 1996 regulates the deployment of wireless services in the United States. Its purpose is to
make these services available to the American people quickly and in a very competitive manner.

      II. The visual effects of tall antenna mounts or towers may go well beyond the physical borders between municipalities, and should be
addressed so as to require that all affected parties have the opportunity to be heard.

      III. Carriers wishing to build personal wireless service facilities (PWSFs) in New Hampshire should consider commercially available
alternative PWSFs to tall cellular towers, which may include the use of the following:

         (a) Lower antenna mounts which do not protrude as far above the surrounding tree canopies.

         (b) Disguised PWSFs such as flagpoles, artificial tree poles, light poles, and traffic lights, which blend in with their surroundings.

         (c) Camouflaged PWSFs mounted on existing structures and buildings.

         (d) Custom designed PWSFs to minimize the visual impact of a PWSF on its surroundings.

         (e) Other available technology.

      IV. A PWSF map is necessary to allow for the orderly and efficient deployment of wireless communication services in New Hampshire,
and so that local communities have adequate information with which to consider appropriate siting and options to mitigate the visual effects of
PWSFs.

   12-J:2 Definitions. In this chapter:

      I. "Antenna" means the equipment from which wireless radio signals are sent and received by a PWSF.

      II. "Average tree canopy height" means the average height found by inventorying the height above ground level of all trees over 20 feet in height for a radius of 150 feet.

      III. "Camouflaged" means for a personal wireless service facility one that is disguised, hidden, part of an existing or proposed
structure, or placed within an existing or proposed structure.

      IV. "Carrier" means a person that provides personal wireless services.

      V. "Director" means the director of the office of state planning.

      VI. "Disguised" means, for a PWSF, designed to look like a structure which may commonly be found in the area surrounding a
proposed PWSF such as, but not limited to, flagpoles, light poles, traffic lights, or artificial tree poles.

      VII. "Equipment shelter" means an enclosed structure, cabinet, shed vault, or box near the base of a mount within which are housed
equipment for PWSFs such as, batteries and electrical equipment.

      VIII. "Height" means the height above ground level from the natural grade of a site to the highest point of a structure.

      IX. "Mount" means the structure or surface upon which antennas are mounted and include roof-mounted, side-mounted,
ground-mounted, and structure-mounted types.

      X. "Municipality" means any city, town, unincorporated town, or unorganized place within the state.

      XI. "Personal Wireless Service Facility" or "PWSF" or "facility" means any "PWSF" as defined in the federal Telecommunications Act
of 1996, 47 U.S.C. section 332(c)(7)(C)(ii), including facilities used or to be used by a licensed provider of personal wireless services.

      XII. "Personal Wireless Services" means any wireless telecommunications services, and commercial mobile services including cellular
telephone services, personal communications services, and mobile and radio paging services as defined in the federal Telecommunications Act
of 1996, 47 U.S.C. section 332 (c)(7)(C)(i).

      XIII. "Radio frequency radiation" means the emissions from personal wireless service facilities.

   12-J:3 Wireless Carriers Doing Business in this State. All wireless carriers or their appointed agents doing business, or seeking to do
business, in this state shall:

      I. Be allowed to construct new ground-mounted PWSFs, provided that these PWSFs comply with municipal regulations for maximum
height or maximum allowed height above the average tree canopy height, subject to any exceptions allowed or variances granted by the
municipality.

      II. Comply with all applicable state and municipal land use regulations.

      III. Comply with all federal, state and municipal statutes, rules and regulations, including federal radio frequency radiation emission
regulations and the National Environmental Policy Act of 1969, as amended.

      IV. Provide information at the time of application to construct an externally visible PWSF, or prior to construction if no approval is
required, to the office of state planning, to the municipality in which the facility is to be constructed, and to each other municipality notified in
accordance with RSA 12-J:7, as follows:

         (a) A copy of their license from the Federal Communications Commission (FCC) proving that they are eligible to deploy their
systems in this geographical area and that this deployment falls under the jurisdiction of the federal Telecommunications Act of 1996; or a copy
of their contract with a person with such a license, and a copy of that license.

         (b) Upon request, detailed maps showing all of the carrier's current externally visible tower and monopole PWSF locations in the
state within a 20 mile radius, both active and inactive.

         (c) Upon request, site descriptions for each of the above locations showing the antenna height and diameter, and showing all
externally visible structures.

         (d) Upon request, a description of why less visually intrusive alternatives for this facility were not proposed.

   12-J:4 Payment of Costs. A wireless carrier seeking approval to deploy a wireless communication facility may be required to pay reasonable
fees, including regional notification costs, imposed by the municipality in accordance with RSA 676:4, I(g).

   12-J:5 Fall Zones. In order to provide protection from tower collapses and from falling debris including hardware, collapsing material, and
ice, fall zones should be established, which ensure public safety at or near the base of tall antenna mounts or cellular towers. The radius of the
fall zone should be equal to the height of the highest point of the facility including any antennae or appurtenances, unless a smaller radius is
demonstrated to be appropriate based on the design of the specific structure. The radius of the fall zone should be the minimum distance from
the base of any new ground mount PWSF to any property line, public road, habitable residential or business dwelling, or public recreational
area, unless easements are obtained from all other property owners within the radius.

   12-J:6 Personal Wireless Services Facilities Map. The director of the office of state planning shall develop a personal wireless service
facilities map for the state. This map shall include all externally visible tower and monopole PWSF locations in the state, both active and
inactive, for all carriers. This map shall also include for each of the above locations a site description as described in RSA 12-J:3, IV(c). Upon
request of the director, any wireless carrier or its appointed agent doing business in this state shall provide a map of all of its existing externally
visible tower and monopole PWSF locations in the state and a site description of each as described in RSA 12-J:3, IV(c).

   12-J:7 Regional Notification.

      I.(a) Any municipality or state authority or agency which receives an application to construct a PWSF which will be visible from any
other New Hampshire municipality within a 20 mile radius shall provide written notification of such application and pending action to such other
municipality. Such municipalities within the 20 mile radius and their residents shall be allowed to comment at any public hearing related to the
application. Regional notification and comments from other municipalities or their residents shall not be construed to imply legal standing to
challenge any decision.

         (b) This notification shall include sending a letter to the governing body of the municipality detailing the pending action on the
application and shall also include publishing a notice in a newspaper customarily used for legal notices by such municipality, stating the
specifics of the application, the pending action, and the date of the next public hearing on the application. Such notice shall be published not
less than 7 days nor more than 21 days prior to the public hearing date.

      II.(a) Any person, prior to constructing a new PWSF in any location where no approval is required but which will be visible from any
other New Hampshire municipality within a 20 mile radius, shall provide written notification of such planned construction to such other
municipality.

         (b) This notification shall include sending a letter to the governing body of the municipality detailing the planned construction
and shall also include publishing a notice in a newspaper customarily used for legal notices by such municipality within a 20 mile radius,
outlining the planned construction.

   12-J:8 Rulemaking. The director of the office of state planning shall adopt rules under RSA 541-A as necessary to implement this act and to
provide sufficient information to municipalities, other state agencies, wireless companies doing business or seeking to do business in this state,
and the public. The director, after holding a public hearing, may also adopt rules proposing a model ordinance for municipalities relative to the
deployment of wireless communications facilities.

   2 Effective Date. This act shall take effect 60 days after its passage.

                                                               LBAO

                                                               99-0161

                                                               2/19/99

                                        HB 733 FISCAL NOTE

AN ACT relative to a state master plan for the deployment of wireless communication facilities.

FISCAL IMPACT:

    The Department of Resources and Economic Development and the Public Utilities Commission are unable to determine the fiscal impact
    on state, county and local expenditures. There will be no fiscal impact on state, county and local revenue.

METHODOLOGY:

    The Department states they do not have the technical expertise to perform the regulation and planning proposed by this bill, and are
    unable to determine the fiscal impact.

    The Commission stated this bill has the potential to offset expenditures by governmental entities involved in a proceeding concerning the
    siting of wireless communications facilities. Accordingly, the level of expenditures that would have been made in the absence of this
    legislation would decrease. However, it is impossible to estimate the impact because there is no basis for predicting how many facilities
    will be built and where. In addition, in each particular case it is impossible to estimate the costs of participation in a proceeding.