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s_lg_2017a_2017-03-21t14:02:57z1 Hearing Summary

Date: 03/21/2017

Location: SCR 354

Final

BILL SUMMARY for HB17-1193



SENATE COMMITTEE ON LOCAL GOVERNMENT


Votes: View--> Action Taken:
Adopt amendment L.006. The motion passed without o

Refer House Bill 17-1193 to the Committee of the W
Pass Without Objection

PASS







02:21 PM -- HB 17-1193



Senator Kerr and Senator Tate, co-prime sponsors, discussed the provisions of House Bill 17-1093 concerning small cell facilities permitting and installation and distributed Amendment L.006 (Attachment A). The reengrossed bill permits the use by right of small wireless service infrastructure, or "small cell facilities," in any zone — specifically on a local government entity's light poles, light standards, traffic signals, or utility poles in the rights-of-way, but not on any structure with tolling collection or enforcement equipment attached. The bill also clarifies that the right-of-way access available to telecommunications providers extends to broadband providers and includes small cell facilities. Service providers may utilize the expedited permitting process established for broadband facilities when applying to build small cell facilities. A local government must process a single or a consolidated application for a small cell facility within 90 days after receiving a completed application. Local governments are prohibited from creating preferences or disadvantages to any provider in granting or withholding permits. In addition to other permitting fees, local governments may assess a one-time per structure fee to providers in exchange for granting permission to attach small cell facilities in the right-of-way and owned by the local government. An exception to this process is made for micro wireless facilities installed on suspended cables between existing utility poles, for which a local government entity may require only a traffic permit, if necessary.



170321 AttachA.pdf170321 AttachA.pdf



The following persons testified on the bill:



02:27 PM -- Benjamin Aron, CTIA, testified in support of the bill and explained that CTIA is a wireless industry trade association. Mr. Aron responded to questions from the committee about 5G wireless technology including its deployment and installation.



02:44 PM --
Patrick Fucik, Sprint, testified in support of the bill and provided a written summary of his testimony (Attachment B).



170321 AttachB.pdf170321 AttachB.pdf



02:47 PM --
Joe Ruggiero, Verizon, testified in support of the bill and responded to questions from the committee about the bill.



02:54 PM



Senator Donovan moved to refer the bill to the Committee of the Whole and Amendment L.006.



02:56 PM -- Jonathan Fitzhugh, ConcealFab Corporation, spoke in support of the bill and identified communication technology manufactured and installed in certain localities across the country. He also distributed a booklet that identified telecommunication equipment sold by his company (Attachment C).



170321 AttachC.pdf170321 AttachC.pdf



03:00 PM --
Amy Redfern, CompTIA, spoke in support of the bill.



03:07 PM --
Russell Sarazon, T-Mobile, testified in support of the bill.



03:09 PM -- Kevin Bommer, Colorado Municipal League, explained that his organization is neutral on the bill and discussed the bill drafting process. He also discussed the role of local governments in the citing of telecommunication facilities and spoke in support of Amendment L.006.



03:19 PM --
Ken Fellman, Colorado Communications and Utility Alliance, explained his organization is neutral on the bill and discussed current law concerning the citing of telecommunication facilities. He also discussed the bill drafting process and spoke in support of Amendment L.006.



03:29 PM



The chair closed testimony, and Senator Kerr discussed the provisions of Amendment L.006. Senator Tate and Senator Kerr closed their remarks on the bill.


BILL: HB17-1193
TIME: 03:30:35 PM
MOVED: Donovan
MOTION: Adopt amendment L.006. The motion passed without objection.
SECONDED:
VOTE
Crowder
Donovan
Kefalas
Gardner
Martinez Humenik
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB17-1193
TIME: 03:33:07 PM
MOVED: Donovan
MOTION: Refer House Bill 17-1193 to the Committee of the Whole, as amended. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Crowder
Yes
Donovan
Yes
Kefalas
Yes
Gardner
Yes
Martinez Humenik
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS







03:34 PM



The committee adjourned.








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