New Jersey Small Cell Bill Gets Reviewed Wednesday

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The Small Cell Bill A-1116 is scheduled to be reviewed by the New Jersey Assembly Appropriations Committee on Wednesday, March 17, at 10:45 a.m., EDT. To listen in to the hearing as well as register support for the bill: login to the legislature’s website, click the calendar for Wednesday and then register (you have to register to voice your support). On the upper right, click “Registration Form.”

 What the bill allows:

Provides for uniform regulation of small wireless facility deployment in New Jersey by state and local government authorities. The bill provides that a wireless provider is to have the right, as a permitted use not subject to zoning review or approval, and without the need for authority consent to:

  1. co-locate small wireless facilities;
  2. mount or install small wireless facilities on new or replacement poles;
  3. install associated antenna equipment adjacent to a structure on which a small wireless facility is or will be co-located, mounted, or installed; or
  4. install, modify, or replace its own poles, or, with the permission of the owner, a third party’s poles, associated with a small wireless facility, along, across, upon, and under the right-of-way.

The bill provides that each new, replaced, or modified pole installed in the right-of-way for the purpose of co-locating, mounting, or installing a small wireless facility is to follow certain height restrictions pursuant to the bill. A wireless provider is not to install a new pole unless it has determined it cannot meet its service objectives by co-locating on certain existing poles or structures. An authority may adopt aesthetics requirements governing the deployment of small wireless facilities and associated antenna equipment and poles in the right-of-way, subject to certain requirements pursuant to the bill.

What it prohibits:

The bill prohibits an authority from regulating small wireless facilities in a manner that’s inconsistent with the bill. 

An authority may not enter into an exclusive arrangement with any person or entity for the use of the right-of-way for:

  • the co-location of a small wireless facility;
  • the mounting or installation of a small wireless facility on new or replacement poles;
  • the installation of associated antenna equipment adjacent to a structure on which a small wireless facility is or will be co-located, mounted, or installed; or
  • the installation, operation, marketing, modification, maintenance, or replacement of associated poles.

 The bill is sponsored by:

  • Assemblywoman Carol A. Murphy, District 7 (Burlington)
  • Assemblyman Louis D. Greenwald, District 6 (Burlington and Camden)
  • Assemblyman Wayne P. DeAngelo, District 14 (Mercer and Middlesex)

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