Arizona Laws 9-595. Access to authority utility poles; rates and fees; collocations for other commercial projects or uses
A. An authority may not enter into an exclusive arrangement with any person for the right to attach to authority utility poles.
Terms Used In Arizona Laws 9-595
- Applicable codes: means uniform building, fire, electrical, plumbing or mechanical codes that are adopted by a recognized national code organization or local amendments to those codes that are enacted to address threats of destruction of property or injury to persons and to an extent that is not inconsistent with this article. See Arizona Laws 9-591
- Authority: means any city, town, special district or political subdivision of this state that is authorized to make legislative, quasi-judicial or administrative decisions concerning an application. See Arizona Laws 9-591
- Authority utility pole: means a utility pole that is owned or operated by an authority and that is in a right-of-way. See Arizona Laws 9-591
- 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 9-591
- Person: means an individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including an authority. See Arizona Laws 9-591
- Rate: means a recurring charge. See Arizona Laws 9-591
- 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 9-591
- 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. See Arizona Laws 9-591
- Wireless provider: means a cable operator, wireless infrastructure provider or wireless services provider. See Arizona Laws 9-591
B. The rates and fees for the collocation of small wireless facilities on authority utility poles shall be nondiscriminatory regardless of the services provided by the collocating person.
C. The rate to collocate small wireless facilities on authority utility poles may not exceed fifty dollars per authority utility pole, per year.
D. An authority shall establish and make available rates, fees and terms for the collocation of small wireless facilities on authority utility poles within six months after August 9, 2017 or three months after receiving a request to collocate the first small wireless facility on such poles, whichever is later. The rates, fees and terms shall be made available for acceptance by a wireless provider. At the wireless provider’s option, a wireless provider may request different or additional terms that the parties shall negotiate in good faith. Documents reflecting rates, fees and terms with each wireless provider shall be made publicly available. The rates, fees and terms shall comply with the following requirements:
1. The rates, fees and terms must be nondiscriminatory, competitively neutral and commercially reasonable and comply with this section and section 9-592, subsections E and F. Requests for collocating a small wireless facility on an authority utility pole will be processed pursuant to section 9-593. The authority may require a wireless provider to replace the authority utility pole if the authority determines that applicable codes or local code or regulatory provisions that concern public safety require replacement of the authority utility pole. The wireless provider’s request to install a replacement utility pole will be processed pursuant to section 9-592. The authority shall retain ownership of the utility pole.
2. Terms must reasonably accommodate power supply and electric metering for the small wireless facility.
E. An authority may prohibit, regulate and charge for the collocation of a wireless facility on a wireless support structure owned by the authority.