S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3046 A. 4066
2019-2020 Regular Sessions
S E N A T E - A S S E M B L Y
February 1, 2019
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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:
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; WIRE-
LESS 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 WIRE-
LESS 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 TECH-
NICALLY 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 FACIL-
ITY.
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.