Arizona Laws 11-1806. Application processing
A. A county shall adopt an application process and time frames for the installation, modification or replacement of utility poles or wireless support structures inside of the right-of-way or for the collocation of small wireless facilities inside of the right-of-way that comply with section 11-1605. The application process and time frames shall be adopted within the time period beginning on August 9, 2017 and ending after the time allowed under the county’s procedures adopted pursuant to section 11-1605 for the adoption of an ordinance, or ninety days after receiving the first request by a wireless provider, whichever is later.
Terms Used In Arizona Laws 11-1806
- 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
- Communications service: means cable service as defined in 47 United States Code section 522(6), information service as defined in 47 United States Code section 153(24), telecommunications service as defined in 47 United States Code section 153(53) or wireless service. See Arizona Laws 11-1801
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- 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
- Person: means an individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including a county. See Arizona Laws 11-1801
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- 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 provider: means a cable operator, wireless infrastructure provider or wireless services provider. See Arizona Laws 11-1801
B. An applicant is entitled to all of the rights granted in chapter 11, article 1 of this title.
C. A county may not:
1. Directly or indirectly require an applicant to perform services that are unrelated to the application, such as in-kind contributions to the county, including reserving fiber, conduit or pole space on the wireless provider’s pole for the county.
2. Require an applicant to provide more information to obtain a permit than the county requires of a communications service provider that is not a wireless provider and that requests to attach facilities to a structure.
3. Institute, either expressly or de facto, a moratorium on filing, receiving or processing applications or issuing permits or other approvals, if any, for the collocation of a small wireless facility.
4. Require an application for routine maintenance or the replacement of small wireless facilities with small wireless facilities that are substantially similar or the same size or smaller. A county may require a permit to work within a right-of-way for such activities, if applicable. A permit issued pursuant to this paragraph is subject to the requirements of this section.
D. Issuance of a permit by a county shall allow the applicant to do both of the following:
1. Collocate the small wireless facilities or construct, install, mount, maintain, modify, operate or replace the utility pole or wireless support structure, as specified in the permit.
2. On final inspection of all work completed pursuant to the permit, subject to applicable relocation requirements and the wireless provider’s right to terminate at any time, operate and maintain the small wireless facilities. A permit may not state a duration period for operation and maintenance.
E. This article does not allow a person to collocate small wireless facilities on a privately owned utility pole, a privately owned wireless support structure or private property without the consent of the property owner.