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23-17-507. Damage and repair — Replacements — Abandonment — Removal.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-17-507. Damage and repair — Replacements — Abandonment — Removal.
(a)(1) A wireless provider shall repair all damage to the right-of-way directly caused by the activities of the wireless provider in the right-of-way and return the right-of-way to its functional and aesthetic equivalence before the damage under the competitively neutral, reasonable requirements and specifications of the authority.
(2) If the wireless provider fails to make the repairs required by the authority within a reasonable time after written notice, the authority may make those repairs and charge the applicable party the actual and reasonable documented cost, including overhead, of the repairs.
(b)(1) A wireless provider is not required to replace or upgrade an existing pole except for reasons of structural necessity or compliance with applicable codes.
(2) A wireless provider may, with the permission of the pole owner, replace or modify existing poles, but any such replacement or modification shall substantially conform to the design aesthetics of the pole being modified or replaced.
(c)(1) A wireless provider shall notify the authority at least thirty (30) days before the wireless provider's abandonment of a small wireless facility.
(2) If the wireless provider fails to remove the abandoned small wireless facility within ninety (90) days after the notice, the authority may undertake the removal and recover the actual and reasonable documented cost, including overhead, of the removal from the wireless provider, or its successors or assigns.
(d)(1) An authority may order the removal of a small wireless facility or associated pole in the right-of-way that violates § 23-17-505, § 23-17-506, or applicable codes.
(2) The authority shall provide written notice of the violation to the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-507
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:23-17-507
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d807d81ec0f914acc1a04b7352cf6b0ea381dd65a4a53fb43c71a1b920d599c2
Source location: content.xml paragraph 13261
Stored source content
23-17-507. Damage and repair — Replacements — Abandonment — Removal.
(a)(1) A wireless provider shall repair all damage to the right-of-way directly caused by the activities of the wireless provider in the right-of-way and return the right-of-way to its functional and aesthetic equivalence before the damage under the competitively neutral, reasonable requirements and specifications of the authority.
(2) If the wireless provider fails to make the repairs required by the authority within a reasonable time after written notice, the authority may make those repairs and charge the applicable party the actual and reasonable documented cost, including overhead, of the repairs.
(b)(1) A wireless provider is not required to replace or upgrade an existing pole except for reasons of structural necessity or compliance with applicable codes.
(2) A wireless provider may, with the permission of the pole owner, replace or modify existing poles, but any such replacement or modification shall substantially conform to the design aesthetics of the pole being modified or replaced.
(c)(1) A wireless provider shall notify the authority at least thirty (30) days before the wireless provider's abandonment of a small wireless facility.
(2) If the wireless provider fails to remove the abandoned small wireless facility within ninety (90) days after the notice, the authority may undertake the removal and recover the actual and reasonable documented cost, including overhead, of the removal from the wireless provider, or its successors or assigns.
(d)(1) An authority may order the removal of a small wireless facility or associated pole in the right-of-way that violates § 23-17-505, § 23-17-506, or applicable codes.
(2) The authority shall provide written notice of the violation to the owner of the small wireless facility at least thirty (30) days before removal to afford the owner the opportunity to conduct repairs or removal or otherwise remedy the violation.
(3)(A) If the authority determines that a wireless provider's activity in a right-of-way under this subchapter creates an imminent risk to public safety, the authority may provide written notice to the wireless provider and demand that the wireless provider address the risk.
(B) If the wireless provider fails to reasonably address the risk within twenty-four hours of the written notice, the authority may take or cause to be taken action to reasonably address the risk and charge the wireless provider the reasonable documented cost of the actions.
(e)(1) A wireless provider shall not collocate a small wireless facility or install, modify, or replace a pole in the right-of-way that:
(A) Materially interferes with the safe operation of traffic control equipment;
(B) Materially interferes with sight lines or clear zones for transportation or pedestrians;
(C) Materially interferes with compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, or similar federal or state standards regarding pedestrian access or movement; or
(D) Fails to comply with applicable codes.
(2)(A) For an authority that requires permits under § 23-17-510, compliance with these criteria will be determined during the permitting process.
(B) An authority that does not require a permit under § 23-17-510 shall provide at least thirty (30) days' notice of and a reasonable opportunity to cure a violation of subdivision (e)(1) of this section.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-17-505. Use of rights-of-way by wireless provider.
(a) Subject to this subchapter, a wireless provider shall have the right, as a permitted use not subject to zoning review or approval, to collocate, maintain, modify, operate, and replace small wireless facilities and to install, maintain, modify, and replace poles it owns or manages or, with the permission of the owner, a third party's pole, associated with a small wireless facility, along, across, upon, and under the right-of-way.
(b) Small wireless facilities and associated poles shall be installed and maintained as to not obstruct or hinder the usual travel or public safety of the right-of-way or the usage of the right-of-way by utilities.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-505
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-17-505. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-17-506. Requirements — Height limits — Standards.
(a) Each new or modified pole installed in the right-of-way for the purpose of the collocation of small wireless facilities shall not exceed the greater of:
(1) Fifty feet (50') in height above ground level; or
(2) Ten percent (10%) taller than the tallest existing pole in place in the same right-of-way as of September 1, 2019, within three hundred feet (300') of the new or modified pole.
(b) A new small wireless facility in the right-of-way shall not extend more than ten percent (10%) above the existing structure on which it is located or fifty feet (50') above ground level, whichever is greater.
(c) A wireless provider shall have the right to collocate a wireless facility and install, maintain, modify, and replace a pole that exceeds the height limits required under subsection (a) of this section along, across, upon, and under the right-of-way, subject to this section and any applicable zoning regulations.
(d) A wireless provider shall not install a small wireless facility or pole in a historic district without complying with the requirements of general application for structures within the historic district.
(e) A wireless provider may replace decorative poles when necessary to deploy a small wireless facility so long as the replacement reasonably conforms to the design of the original decorative pole.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-506
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-17-506. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-17-510. Permits.
(a)(1) This section applies to all permits required for the collocation of small wireless facilities and to the permitting of the installation, modification, and replacement of associated poles by a wireless provider that:
(A) Is in an authority's right-of-way; or
(B) Is in a right-of-way controlled by the Arkansas Department of Transportation located within the jurisdiction of an authority if the application is for collocation on an authority pole or if the authority has adopted aesthetic standards under § 23-17-508.
(2) A permit issued under subdivision (a)(1)(B) of this section remains subject to the rules of the department.
(b) Except as provided in this subchapter, an authority shall not prohibit, regulate, or charge for the collocation of small wireless facilities or the installation, modification, or replacement of associated poles that may be permitted in this section.
(c) An authority may require an applicant to obtain one (1) or more permits to collocate small wireless facilities or to install a new, modified, or replacement pole associated with a small wireless facility as provided in §§ 23-17-505 – 23-17-507, provided the permits are of general applicability and do not apply exclusively to small wireless facilities.
(d) An authority shall receive and process applications subject to the following requirements:
(1) An authority shall not directly or indirectly require an applicant to perform services or provide goods unrelated to the permit, such as in-kind contributions to the authority, including without limitation reserving fiber, conduit, or space on the applicant's pole for the authority;
(2) An authority may require an applicant to submit the information and fees stated in subdivisions (d)(2)(A)-(J) of this section
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-510
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-17-510. This identifies an authority to review, not proof of applicability.