§ 227b - Wireless telecommunications - Vermont Statutes

§ 227b. Wireless telecommunications

(a)(1) The secretary of administration is designated as the exclusive agent for the state of Vermont to contract for the use of state-owned buildings, structures, and land for wireless, two-way interactive telecommunications facilities. The secretary is granted the power to contract or grant a lease for such buildings, structures, and land for such purposes. The provisions of this section shall apply to all state-owned buildings, structures, and land, including such property owned or managed by the department of state buildings, the agency of transportation, the department of public safety, and the agency of natural resources.

(2) The secretary is granted all powers necessary to carry out his or her responsibilities under this section. Notwithstanding any other provision of law, the powers granted to the secretary under this section relating to wireless telecommunications facilities shall supersede the authority granted to any other state official or agency relating to such facilities. The powers granted by this section shall not affect the secretary's duty, and any duty of the facility owner, to seek and obtain any applicable gubernatorial, quasi-judicial, or legislative review, approval or permit required by law, including as necessary permits under 10 V.S.A. chapter 151 (Act 250), local planning and zoning permits, and legislative approval under 29 V.S.A. § 166 (sale or long-term lease of state lands), 10 V.S.A. § 2606 (exchange or lease of state forests and parks) or 10 V.S.A. § 2606a.

(3) The secretary shall create a work group of state officials and the private sector to assist the secretary in developing standard contracting terms and procedures, and to advise the secretary of the public interests involved in each facility siting proposal. The work group shall include at least two people who represent the interests of consumers and who do not represent telecommunications businesses or state government. The secretary shall consult with all affected state officials and agencies concerning each proposed use of state properties for wireless telecommunications facilities to determine the compatibility of the particular building, structure or parcel of land to accommodate such facilities, and to determine and give due consideration to the compatibility of the proposed use with the approved long-term management plan for the property under consideration, but the approval of such officials or agencies is not required for the secretary to exercise his or her powers under this section. In the case of lands managed by the agency of natural resources, the secretary shall determine that the use is consistent with any management plan to which the lands are subject.

(b) On or before October 1, 1996, the secretary of administration shall develop a standard contract and a standard contracting procedure for the use of state-owned buildings and land for wireless telecommunications facilities. The contract and contracting procedure shall provide for:

(1) criteria and procedures for making a wireless facility development proposal;

(2) final consideration of each completed facility development proposal within 60 days of the proposal's submission in the manner prescribed by the secretary;

(3) appropriate public benefits as compensation for the use of state properties, including public use of increased telecommunications capacity, direct compensation, or other public benefits;

(4) in the event that a wireless telecommunications facility is abandoned, the restoration of the site to a natural state within 12 months following abandonment;

(5) encouragement of competition in wireless telecommunications, including requirements for open access for competing providers;

(6) encouragement of the use of advanced technology, and the collocation of facilities whenever feasible, in order that the number of wireless telecommunications facilities can be minimized or reduced;

(7) terms and conditions requiring certification by the owners of wireless telecommunications facilities on state-owned buildings, structures, or land that such facilities have been installed, operated, and maintained in accordance with applicable federal and state safety standards; and

(8) the retaining of a portion of revenues accruing from the lease of state-owned buildings, structures or lands, as determined by the secretary of administration, by departments with management responsibility for such buildings, structures or lands in order to cover operating and maintenance costs associated with two-way, interactive telecommunications facilities.

(c) By January 15, 1997, and by January 15 in the next succeeding three years, the secretary of administration shall report to the house commerce committee and the senate finance committee concerning the secretary's activities under this section.

(d) In the event of a conflict between the provisions of this section and any other provision of law relating to the use of state-owned buildings, structures and land, including the provisions of section 165 of Title 29, and section 26a of Title 19, the provisions of this section shall control. (Added 1995, No. 168 (Adj. Sess.), § 1; amended 1997, No. 150 (Adj. Sess.), § 21.)