Arizona Laws 11-1804. Collocation of small wireless facilities; permits
A. Except as provided in this section and sections 11-1802, 11-1803, 11-1806, 11-1807, 11-1809 and 11-1810, a county may not prohibit, regulate or charge for the collocation of small wireless facilities inside a right-of-way.
Terms Used In Arizona Laws 11-1804
- Applicant: means any person that submits an application and that is a wireless provider. See Arizona Laws 11-1801
- Application: means a request that is submitted by an applicant to a county on a form provided by the county for a permit to collocate small wireless facilities or to approve the installation, modification or replacement of a utility pole. See Arizona Laws 11-1801
- collocation: means to install, mount, maintain, modify, operate or replace wireless facilities on, within or adjacent to a wireless support structure or utility pole. See Arizona Laws 11-1801
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Permit: means written permission issued by a county to install, mount, maintain, modify, operate or replace a utility pole or to collocate a small wireless facility on a utility pole or wireless support structure. See Arizona Laws 11-1801
- Right-of-way: means the area on, below or above a county roadway, highway, street, sidewalk, alley or utility easement. See Arizona Laws 11-1801
- Small wireless facility: means a wireless facility that meets both of the following qualifications:
(a) All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume. See Arizona Laws 11-1801
- Utility pole: means a pole or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals or a similar function. See Arizona Laws 11-1801
- Wireless services: means any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. See Arizona Laws 11-1801
B. For collocations for which an application is required, an applicant seeking to collocate multiple small wireless facilities within the jurisdiction of a single county may file a consolidated application for the collocation of up to thirty-five small wireless facilities within a right-of-way if the collocations each involve substantially the same type of small wireless facilities and substantially the same type of utility pole or wireless support structure. The county may remove from the consolidated application and treat separately small wireless facility collocations for which incomplete information has been provided, that do not qualify for consolidated treatment or that are denied. The county may issue separate permits for each collocation that is approved in a consolidated application. Application fees, if required, shall be capped at one hundred dollars for each small wireless facility for up to five small wireless facilities addressed in a single application and sixty-five dollars for each additional small wireless facility addressed in the application.
C. An application shall include an attestation that the small wireless facilities will be collocated on the utility pole or wireless support structure and that the small wireless facilities will be operational for use by a wireless services provider to provide service within one year after the date on which the permit is issued.