|
Page 10 Session Law 2013-185 SL2013-185
<br />(5) The collocation does not exceed the applicable weight limits for the wireless
<br />support structure."
<br />SECTION 3. G.S. 146-29.2 reads as rewritten:
<br />"§ 146-29.2. Lease provisions for communications towers.or interest in real property for
<br />communication purposes.
<br />(a) The following definitions apply in this section:
<br />(1) Antenna. – Communications equipment that transmits, receives, or transmits
<br />and receives electromagnetic radio signals used in the provision of all types
<br />of wireless communications services.
<br />(2) Buildings. – Structures owned or leased by the State on which equipment
<br />may be placed or attached.
<br />(3) Collocation. – The placement or installation of wireless facilities on existing
<br />structures, including electrical transmission towers, water towers, buildings,
<br />and other structures capable of structurally supporting the attachment of
<br />wireless facilities in compliance with applicable building and line safety
<br />codes.
<br />(4) Equipment. – Antennas, transmitters, receivers, cables, wires, transformers,
<br />power supplies, electric and communication lines necessary for the provision
<br />of television broadcast signals, radio wave signals, wireless data or wireless
<br />telecommunication services to a discrete geographic area, and all other
<br />apparatuses and appurtenances, including shelters, cabinets, buildings,
<br />platforms, and ice bridges used to house or otherwise protect equipment.
<br />(5) Ground area. – The area of real property surrounding the base of towers on
<br />which the equipment and appurtenances necessary for the operation and
<br />stability of the towers, including guy wires and security fencing, are
<br />constructed or installed.
<br />(6) Provider. – Any person that is engaged in the transmission, reception, or
<br />dissemination of television broadcast signals, radio wave signals, or
<br />electromagnetic radio signals used in the provision of wireless
<br />communications service, or the provisioning of wireless infrastructure.
<br />(7) Tower. – New or existing structures, such as a monopole, lattice tower,
<br />guyed tower, fire observation tower or water tower that are designed to
<br />support or are capable of supporting equipment used in the transmission or
<br />receipt of television broadcast signals, radio wave signals, or
<br />electromagnetic radio signals used in the provision of wireless
<br />communication service.
<br />(b) The State may lease real property, or may grant an easement or license with an
<br />interest in real property for the following communication purposes:any interest in real property,
<br />for the purposes of
<br />(1) construction and placement of communicationsConstructing, installing, and
<br />operating towers and equipment on State land.land or for placement of
<br />antennas upon State-owned structures.
<br />(2) Installing and operating equipment on towers, buildings, or ground area
<br />owned or leased by the State.
<br />(c) If otherwise feasible and determined by the Department of Administration to be in
<br />the best interest of the State:
<br />(1) New towers constructed on State land shall be designed for collocation. This
<br />requirement shall not apply to towers constructed on State land by the State
<br />or any of its agencies or by a "public entity" as that term is defined in
<br />G.S. 146-29.1(b).
<br />(2) The State shall encourage the collocation of equipment on existing towers
<br />and buildings owned by the State.
<br />(3) The State shall sublease for collocation purposes space on any tower or
<br />ground area leased by the State, if allowed under the terms of the lease.
<br />(4) The State shall, to the extent practicable, adopt standard terms and
<br />conditions for applications to lease, easements, or other conveyances of an
<br />interest in real property for communication purposes.
<br />(d) Pursuant to G.S. 143-341(4)f., the Governor, acting with the approval of the Council
<br />of State, may adopt rules authorizing the Department of Administration to enter into or approve
<br />17
|