North Carolina § 146-29 - 2. Lease or interest in real property for communication purposes.

§ 146-29. 2. Lease or interest in real property for communication purposes.

The following definitions apply in this section: Antenna. - Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. Applicable codes. - The North Carolina State Building Code and any other uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization together with amendments to those codes enacted to address imminent threats of destruction of property or injury to persons. Broadband. - Internet access service with transmission speeds that are equal to or greater than the requirements for basic broadband tier 1 service as defined by the Federal Communications Commission for broadband data gathering and reporting, regardless of the technology or medium used to provide the service. Buildings. - Structures owned or leased by the State on which equipment may be placed or attached. Collocation. - The placement or installation of wireless or broadband facilities on existing structures, including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless or broadband facilities in compliance with applicable codes. Equipment. - Antennas, transmitters, receivers, cables, wires, transformers, power supplies, electric and communication lines necessary for the provision of television broadcast signals, radio wave signals, wireless data or wireless telecommunication services, or broadband to a discrete geographic area, and all other apparatuses and appurtenances, including shelters, cabinets, buildings, platforms, and ice bridges used to house or otherwise protect equipment. Ground area. - The area of real property surrounding the base of towers on which the equipment and appurtenances necessary for the operation and stability of the towers, including guy wires and security fencing, are constructed or installed. Provider. - Any person that is engaged in the transmission, reception, or dissemination of television broadcast signals, radio wave signals, or electromagnetic radio signals used in the provision of wireless communications service, or the provisioning of wireless infrastructure. The term also includes any person engaged in the provision of broadband. Tower. - New or existing structures, such as a monopole, lattice tower, guyed tower, fire observation tower or water tower that are designed to support or are capable of supporting equipment used in the transmission or receipt of television broadcast signals, radio wave signals, or electromagnetic radio signals used in the provision of wireless communication service. The State may lease real property, or may grant an easement or license with an interest in real property for the following communication purposes: Constructing, installing, and operating towers and equipment on State land. Installing and operating equipment on towers, buildings, or ground area owned or leased by the State. (Effective until January 1, 2025) The State shall allow the collocation, installation, and operation of equipment by a broadband provider on any existing structure owned by the State and shall lease real property, or grant an easement or license with an interest in real property, for the purposes of construction and placement of broadband infrastructure on State land. A disposition entered into pursuant to this subsection is voidable by the Governor and Council of State for specific reasons or causes that shall be cited. A determination for a disposition under this subsection shall be made subject to the following: For new requests, the Department of Administration shall prepare and finalize the lease agreement within four months of the receipt of the lease application by the controlling agency. An agency controlling the subject property shall coordinate with the Department in preparing the complete application package for the lease request. If, after four months have elapsed since the controlling agency received the lease application, the lease agreement has not been finalized, the Department shall enter into a lease agreement with the applicant according to the terms submitted in the application. For renewals, the Department of Administration shall prepare and finalize the lease agreement within two months of receiving the application. If the Department is unable to finalize the renewed lease at least two months prior to the termination of the current lease, then the terms of the current lease shall continue until the lease is finalized. The Department of Administration shall coordinate with the Department of Information Technology to develop a streamlined lease development process using state-of-the-art technology, including video conferencing, to facilitate and expedite process completion. All State agencies shall cooperate with and participate in the streamlined lease development process to ensure that finalized lease agreement is prepared and finalized within the time frames required under this subsection. (Effective January 1, 2025) The State shall allow the collocation, installation, and operation of equipment by a broadband provider on any existing structure owned by the State and shall lease real property, or grant an easement or license with an interest in real property, for the purposes of construction and placement of broadband infrastructure on State land. A disposition entered into pursuant to this subsection is voidable by the Governor and Council of State for specific reasons or causes that shall be cited. New towers constructed on State land shall be designed for collocation. The State shall sublease for collocation purposes space on any tower or ground area leased by the State, if allowed under the terms of the lease. The State shall adopt standard terms and conditions for applications to lease, easements, or other conveyances of an interest in real property for communication purposes and the deployment of broadband. Pursuant to G.S. 143-341(4)f., the Governor, acting with the approval of the Council of State, may adopt rules authorizing the Department of Administration to enter into or approve classes of leases, easements, or licenses with an interest in real property for the purposes set forth in this section. The rules may allow for execution of leases or other instruments by the Department of Administration rather than execution of the instruments in the manner prescribed in G.S. 146-74 through G.S. 146-78. Land in the State Parks System, as defined in G.S. 143B-135.44, may only be leased or conveyed for the purposes of this section upon the approval of the Secretary of the Department of Natural and Cultural Resources. Lease or conveyance of land in the State Parks System for the purposes of this section shall comply with the requirements of Parts 31 and 32 of Article 7 [Article 2] of Chapter 143B of the General Statutes. When selecting a location for a communications tower or antenna in the State Parks System, the State shall choose a location that minimizes the visual impact on the surrounding landscape. No land acquired or developed using funds from the Federal Land and Water Conservation Fund shall be leased or conveyed for the purposes of this section. City and county ordinances apply to communications towers and antennas authorized under this section. History (1998-158, s. 3; 2013-185, s. 3; 2015-241, s. 14.30(nnn); 2018-5, s. 37.1(f); 2020-81, s. 8(a).) Subsection (b1) Set Out Twice. - The first version of subsection (b1) set out above is effective until January 1, 2025. The second version of subsection (b1) set out above is effective January 1, 2025. Editor's Note. - The statutory reference was bracketed into subsection (e) with the approval of the Reviser of Statutes, to conform to the recodification of Chapter 143B of the General Statutes. Session Laws 2018-5, s. 37.1(i), provides, in part: "Subsections (f), (g), and (i) of this section are effective when it becomes law [June 12, 2018], and the Department of Administration shall adopt temporary rules consistent with this section no later than January 1, 2019, and shall adopt permanent rules no later than July 1, 2019." Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2019-230, s. 6, provides: "The Department of Administration, in collaboration with the Broadband Infrastructure Office within the Department of Information Technology shall develop, by soliciting stakeholder input, a streamlined approval process for the negotiation and execution of lease agreements for collocation, installation, and operation of broadband equipment on State-owned property pursuant to G.S. 146-29.2. In developing the approval process, the Office shall involve representatives from at least all of the following: "(1) The land grant universities. "(2) The Office of Attorney General. "(3) A telecommunications provider based in this State. "(4) An electric membership cooperative. "(5) A fixed wireless company. "(6) A cable provider. "(7) At least two regional or national Internet service providers. "The Broadband Infrastructure Office shall develop a streamlined approval process of no more than 270 days from the date the formal lease proposal is submitted to a State agency. The recommended process shall focus on significantly reducing or eliminating the need for renegotiating primary lease terms, including lease amounts, once those terms have been initially agreed upon by the provider and the State agency. In addition, the Department of Administration shall establish a market-based rate for lease amounts that can be used as a basis for similar agreements across the State. "The Department of Administration shall implement the streamlined approval process on or before December 1, 2019, and shall submit a report detailing the streamlined approval process, along with a list of the stakeholders and their input, to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on or before December 1, 2019." Session Laws 2020-81, s. 8(b), made the amendment of subsection (b1) by Session Laws 2020-81, s. 8(a), effective July 1, 2020, and applicable to applications for new leases and lease renewals submitted on or after that date. Session Laws 2020-81, s. 8(c ), provides that the amendments to subsection (b1) expire January 1, 2025. Effect of Amendments. - Session Laws 2013-185, s. 3, effective June 26, 2013, rewrote the section heading, which formerly read "Lease provisions for communications towers"; added subsections (a) and (c) through (e) and subdivision (b)(2); and designated and rewrote the formerly undesignated provisions of this section as present subsections (b) and (f). Session Laws 2015-241, s. 14.30(nnn), effective July 1, 2015, in subsection (e), substituted "G.S. 143B-135.44" for "G.S. 113-449.9," substituted "Department of Natural and Cultural Resources" for "Department of Environment and Natural Resources," and substituted "Parts 31 and 32 of Article 7 of Chapter 143B of the General Statutes" for "Articles 2 and 2C of Chapter 113 of the General Statutes." Session Laws 2018-5, s. 37.1(f), added subdivisions (a)(1a) and (a)(1b); in subdivision (a)(3), inserted "or broadband" twice, and deleted "building and line safety" preceding "codes" at the end; in subdivision (a)(4), inserted "or broadband"; in subdivision (a)(6), added the last sentence; added subsection (b1); and rewrote subsection (c). For effective date and applicability, see editor's note. Session Laws 2020-81, s. 8(a), in subsection (b1), added the last sentence in the introductory language, and added subdivisions (1)-(3). For effective date, applicability, and expiration of this amendment, see editor's note. Legal Periodicals. - See legislative survey, 21 Campbell L. Rev. 323 (1999).