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Dupage Policy Journal

Thursday, April 25, 2024

Long hours by Breen, Fortner lead to Small Wireless Facilities Act

Radiotower

Reps. Peter Breen (R-Lombard) and Mike Fortner (R-West Chicago) worked hard to see high-tech wireless technology come to Illinois.

Breen and Fortner spent hours negotiating over SB1451 House Amendment 2, legislation that officially created the Small Wireless Facilities Deployment Act in Illinois.

“What stands out is how much we have learned about technology that’s on (the) way,” Breen said Nov. 7 during House Veto Session Floor Debate when the bill, co-sponsored by Rep. Kelly Burke (D-Evergreen Park), passed after months of negotiation. “Even people that opposed it in local government understood that this is technology that we eventually need to get into Illinois,” Breen said.


According to Burke, who introduced the bill, at least 25 hours and up to 30 changes including safety, fees, right-of-way, aesthetics and grandfathered provisions had to be handled after the spring postponement of the bill.

Fortner shared negotiation details.

“I sat through many of those meetings the sponsor described and I can say both sides bargained fairly, bargained hard and I think they bargained in good faith to reach an agreement,” Fortner said. “I know it doesn’t reach what everyone would like to see, but that is often the case in a well negotiated arrangement, which I think this amendment is.”    

Breen concured.

“We are talking about thousands, if not tens of thousands, of small cell antennas that need to go up across this state in order for us to be able to have a good forging network into a 5G network,” Breen said, adding municipalities will continue to have main control over the final issuance of permits.

“This bill is protective of your constituents that want this service,” Breen said on the House floor. “It is also protective of smaller municipalities that can’t drive as hard a bargain with these wireless companies.”

Fortner said officials assured that municipalities are reasonably compensated for the high-density construction that will take place.

“This is the technology that goes through the wire to increase the bandwidth and you have to have a lot of placements,” Fortner explained. “It is not like the tall towers where they can put them miles apart or like underground cable where they know exactly which homes it is going to serve specifically.”

Breen said all aspects of the negotiations are strongly protected.

“These drawings have been certified by structural engineers, and municipalities still get their taxes,” Breen said, adding a one-percent tax from Wireless Telecom was negotiated. “They (municipalities) keep that money and they get an extra $350 dollars per antenna, and there could be five to 10 antennas going up at once.”

Breen called the compromise wonderful

“This is a good balanced and protective bill,” Breen said. “It protects consumers, municipalities and it protects legitimate business interest for those who want to put a lot of jobs and businesses in our state.”

Fortner said of all discussion details, uniformity was key.  

“One of the things that was a challenge was how we bring this technology in,” Fortner said. “This is a tough issue. It is technology that we need to bring to Illinois.”

SB1451 House Amendment 2 passed 62-41.

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