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66.0404 Mobile tower siting regulations. (4) LIMITATIONS.With regard to an activity described in sub. (2) (a) or a class 2 collocation,a political subdivision may not do any of the following: (a)Impose environmental testing,sampling,or monitoring requirements,or other compliance measures for radio frequency emissions,on mobile service facilities or mobile radio service providers. (b)Enact an ordinance imposing a moratorium on the permitting,construction,or approval of any such activities. (c)Enact an ordinance prohibiting the placement of a mobile service support structure in particular locations within the political subdivision. (d)Charge a mobile radio service provider a fee in excess of one of the following amounts: 1.For a permit for a class 2 collocation,the lesser of$500 or the amount charged by a political subdivision for a building permit for any other type of commercial development or land use development. 2.For a permit for an activity described in sub. (2) (a),$3,000. (e)Charge a mobile radio service provider any recurring fee for an activity described in sub. (2) (a)or a class 2 collocation. (f)Permit 3rd party consultants to charge the applicant for any travel expenses incurred in the consultant's review of mobile service permits or applications. (g)Disapprove an application to conduct an activity described under sub. (2) (a) based solely on aesthetic concerns. (gm)Disapprove an application to conduct a class 2 collocation on aesthetic concerns. (h)Enact or enforce an ordinance related to radio frequency signal strength or the adequacy of mobile service quality. (i)Impose a surety requirement,unless the requirement is competitively neutral,nondiscriminatory,and commensurate with the historical record for surety requirements for other facilities and structures in the political subdivision which fall into disuse.There is a rebuttable presumption that a surety requirement of$20,000 or less complies with this paragraph. (j)Prohibit the placement of emergency power systems. (k)Require that a mobile service support structure be placed on property owned by the political subdivision. (L)Disapprove an application based solely on the height of the mobile service support structure or on whether the structure requires lighting. (m)Condition approval of such activities on the agreement of the structure or mobile service facility owner to provide space on or near the structure for the use of or by the political subdivision at less than the market rate,or to provide the political subdivision other services via the structure or facilities at less than the market rate. (n)Limit the duration of any permit that is granted. (o)Require an applicant to construct a distributed antenna system instead of either constructing a new mobile service support structure or engaging in collocation. (p)Disapprove an application based on an assessment by the political subdivision of the suitability of other locations for conducting the activity. (q)Require that a mobile service support structure,existing structure,or mobile service facilities have or be connected to backup battery power. (r)Impose a setback or fall zone requirement for a mobile service support structure that is different from a requirement that is imposed on other types of commercial structures. (s)Consider an activity a substantial modification under sub. (1) (s) 1. or 2. if a greater height is necessary to avoid interference with an existing antenna. (t)Consider an activity a substantial modification under sub. (1) (s) 3. if a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable. (u)Limit the height of a mobile service support structure to under 200 feet. (v)Condition the approval of an application on,or otherwise require,the applicant's agreement to indemnify or insure the political subdivision in connection with the political subdivision's exercise of its authority to approve the application. (w)Condition the approval of an application on,or otherwise require,the applicant's agreement to permit the political subdivision to place at or collocate with the applicant's support structure any mobile service facilities provided or operated by,whether in whole or in part,a political subdivision or an entity in which a political subdivision has a governance,competitive, economic,financial or other interest.