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
                                ___________
 
 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.