Bill Text: NY A04066 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-01 - referred to corporations, authorities and commissions [A04066 Detail]

Download: New_York-2019-A04066-Introduced.html


                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.
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