New York S 2176: Provides for small wireless facility development

Bill Text

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S02176 Summary:

BILL NOS02176 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Add Art 13-F §§325 - 331, Gen Muni L

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Relates to small wireless facility development; defines terms and sets standards and fees; provides a municipal corporation may require a wireless provider to repair all damage to a right of way directly caused by the activities of the wireless provider; provides courts of competent jurisdiction shall have jurisdiction to determine all disputes arising under this article.

Go to top S02176 Actions:

BILL NOS02176 

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01/15/2025REFERRED TO LOCAL GOVERNMENT

01/07/2026REFERRED TO LOCAL GOVERNMENT

Go to topS02176 Committee&nbspVotes:

Go to topS02176 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02176 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2176

 2025-2026 Regular Sessions

 IN SENATE

 January 15, 2025
 ___________

 Introduced by Sen. PARKER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Local Government

 AN ACT to amend the general municipal law, in relation to small wireless
 facilities development

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

 1 Section 1. The general municipal law is amended by adding a new arti-
 2 cle 13-F to read as follows:
 3 ARTICLE 13-F
 4 SMALL WIRELESS FACILITIES DEPLOYMENT
 5 Section 325. Definitions.
 6 326. Use of right of way.
 7 327. Collocation of small wireless facilities and micro wireless
 8 facilities.
 9 328. Access to municipal corporation structures.
 10 329. Local authority.
 11 330. Dispute resolution.
 12 331. Indemnification.
 13 § 325. Definitions. For the purposes of this article, the following
 14 terms shall have the following meanings unless the context indicates
 15 otherwise:
 16 1. "Antenna" means communications equipment that transmits or receives
 17 electromagnetic radio frequency signals used in the provision of wire-
 18 less services.
 19 2. "Applicable codes" means the New York State uniform fire prevention
 20 and building code as adopted, and as may be amended, pursuant to article
 21 eighteen of the executive law.
 22 3. "Applicant" means any person or entity that files an application
 23 with a municipal corporation to install or modify wireless facilities on
 24 behalf of a communications service provider or wireless provider.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04597-01-5

 S. 2176 2

 1 4. "Application" means a request submitted by an applicant to a local
 2 government for a permit to collocate small wireless facilities; or to
 3 approve the installation or modification of a utility pole or wireless
 4 support structure.
 5 5. "Application fee" means the one time fee charged to an applicant by
 6 a municipal corporation for review of an application. The application
 7 fee may not exceed the actual reasonable costs incurred by the municipal
 8 corporation in connection with its review of the application.
 9 6. "Pole" means: (i) a utility pole, other than a utility pole for
 10 designated services, owned or operated by a municipal corporation in the
 11 right of way, including a utility pole that provides lighting or traffic
 12 control functions, including light poles, traffic signals, and struc-
 13 tures for signage; and (ii) a pole or similar structure owned or oper-
 14 ated by a municipal corporation in the right of way that supports only
 15 wireless facilities.
 16 7. "Base station" means wireless facilities or a wireless support
 17 structure or utility pole that currently supports wireless facilities.
 18 The term does not include a tower, as defined in 47 C.F.R. § 1.
 19 40001(b)(9), or associated wireless facilities.
 20 8. "Collocate" means to install, mount, maintain, modify, operate, or
 21 replace wireless facilities on or adjacent to a wireless support struc-
 22 ture or utility pole. The term "collocation" has a corresponding mean-
 23 ing.
 24 9. "Communications service provider" means a cable operator, as
 25 defined in 47 U.S.C. § 522(5); a provider of information service, as
 26 defined in 47 U.S.C. § 153(24); a telecommuni