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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4066
SPONSOR: Fahy
 
TITLE OF BILL: An act to amend the public service law, in relation to
notice requirements and municipal cooperation in wireless facility
siting
 
PURPOSE OR GENERAL IDEA OF BILL::
AN ACT to amend the public service law, in relation to notice require-
ments and municipal cooperation in wireless facility siting
 
SUMMARY OF PROVISIONS::
Section 1: Adds a new section 119-d. The section provides for:
1. Definition of "wireless facility"
2. Provides certain requirements for cellular communications companies
in installing new wireless facilities concerning notification of
surrounding residents and municipal authorities.
3. Directs the Public Service Commission to develop guidelines for
cellular communications companies for coordination with municipal
governments and property owners in siting new wireless facilities
 
JUSTIFICATION::
The buildout of expansive new wireless technology as well as the coming
arrival of 5G technology will require the construction and siting of
many new wireless facilities including antennas, small cell equipment,
and telecommunications towers in New York State. The construction of
this new infrastructure is important for New York's technological
future, and is typically provided for by cellular communications compa-
nies.
The siting of these new facilities has caused friction between property
owners and cellular companies with regard to the location of new infras-
tructure. This legislation aims to foster cooperation and consideration
of the needs of both parties by:
1. Requiring that property owners and their neighbors are notified of
new requests to site wireless infrastructure.
2. Requiring municipalities are notified in writing of proposed wireless
facility sites not less than 60 days before a planned installation of
such a facility.
3. Requiring cellular communications companies solicit suggestions from
municipalities to identify existing infrastructure that can be used in
lieu of building new wireless facilities.
4. Directing the Public Service Commission (PSC) to develop a guide for
telecommunications companies which shall include best practices for
coordinating with municipalities and property owners.
 
PRIOR LEGISLATIVE HISTORY::
None
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
None
 
EFFECTIVE DATE:
This act shall take effect immediately
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.