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23-17-509. Collocation on authority poles.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-17-509. Collocation on authority poles.
(a) This section applies to activities of a wireless provider collocating small wireless facilities on authority poles in the authority's right-of-way or in a right-of-way controlled by the Arkansas Department of Transportation located within an authority.
(b)(1) A person owning, managing, or controlling authority poles in the right-of-way shall not enter into an exclusive arrangement with any person for the right to attach to the poles.
(2) A person who purchases or otherwise acquires an authority pole is subject to the requirements of this section.
(c) An authority shall allow the collocation of small wireless facilities on authority poles on nondiscriminatory terms and conditions using the process in § 23-17-510.
(d) The rate to collocate on authority poles is provided in § 23-17-511.
(e)(1)(A) As part of an application to collocate a small wireless facility on an authority pole, the wireless provider shall submit make-ready design drawings and work descriptions that enable the pole to support the requested collocation by the wireless provider, including pole replacement if necessary.
(B) An authority may amend the make-ready design drawings and work to comply with applicable codes before the issuance of a permit to the extent reasonably necessary.
(2) The rates, fees, and terms and conditions for the make-ready work to collocate on an authority pole shall be nondiscriminatory, competitively neutral, and commercially reasonable and shall comply with this subchapter.
(3) The authority shall not require more make-ready work than required to meet applicable codes or industry standards nor may the fees for make-ready work include costs related to preexisting or prior damage or noncompliance.
(4)(A) An authori
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-509
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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Stable record: arkansas_code:legal_authorities:23-17-509
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ae66dedaebfbd7b346556e8d5b693c5ea49cf9bc91694cbdc38a9e99b916a5e1
Source location: content.xml paragraph 13312
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23-17-509. Collocation on authority poles.
(a) This section applies to activities of a wireless provider collocating small wireless facilities on authority poles in the authority's right-of-way or in a right-of-way controlled by the Arkansas Department of Transportation located within an authority.
(b)(1) A person owning, managing, or controlling authority poles in the right-of-way shall not enter into an exclusive arrangement with any person for the right to attach to the poles.
(2) A person who purchases or otherwise acquires an authority pole is subject to the requirements of this section.
(c) An authority shall allow the collocation of small wireless facilities on authority poles on nondiscriminatory terms and conditions using the process in § 23-17-510.
(d) The rate to collocate on authority poles is provided in § 23-17-511.
(e)(1)(A) As part of an application to collocate a small wireless facility on an authority pole, the wireless provider shall submit make-ready design drawings and work descriptions that enable the pole to support the requested collocation by the wireless provider, including pole replacement if necessary.
(B) An authority may amend the make-ready design drawings and work to comply with applicable codes before the issuance of a permit to the extent reasonably necessary.
(2) The rates, fees, and terms and conditions for the make-ready work to collocate on an authority pole shall be nondiscriminatory, competitively neutral, and commercially reasonable and shall comply with this subchapter.
(3) The authority shall not require more make-ready work than required to meet applicable codes or industry standards nor may the fees for make-ready work include costs related to preexisting or prior damage or noncompliance.
(4)(A) An authority may require replacement of an authority pole only if the collocation would make the authority pole structurally unsound.
(B) The authority may require that the replaced authority pole have the same functionality as the pole being replaced.
(C) If the authority pole is replaced, the authority shall take ownership of the new pole and operate authority fixtures on the pole.
(5)(A) Make-ready fees charged by an authority may include the amount the authority pays a professional engineer registered in Arkansas to review the wireless provider's make-ready work plans.
(B) Fees for make-ready work shall not include any revenue or contingency-based consultant's fees or expenses of any kind.
(6) Within sixty (60) days of the receipt of the application filed to collocate on an authority pole, the authority shall elect to:
(A) Perform the make-ready work necessary to enable the pole to support the requested collocation by a wireless provider and provide a good-faith estimate for the work, including pole replacement, if necessary; or
(B) Authorize the wireless provider to perform the make-ready work.
(7)(A) The authority shall complete make-ready work it elects to perform, including any pole replacement, within sixty (60) days of written acceptance of the good-faith estimate of the applicant.
(B) If the authority electing to perform the make-ready work has not completed the work within sixty (60) days after the written acceptance and deposit of the good-faith estimate by the applicant, the applicant may demand a return of any deposited funds and proceed with the make-ready work as described in subdivision (e)(1)(A) of this section, using authorized, qualified contractors approved by the authority with the authorization not to be unreasonably withheld, conditioned, or delayed.
(f)(1) An authority may reserve space on an authority pole for future public safety or transportation uses in a documented and approved plan in place at the time an application is filed.
(2) A reservation of space shall not preclude placement of a pole or collocation of a small wireless facility.
(3) If replacement of the authority's pole is necessary to accommodate the collocation of the small wireless facility and future use, the wireless provider shall pay for the replacement of the authority pole, and the replaced pole shall accommodate future use.
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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.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-17-511. Fees and rates.
(a) This section shall govern an authority's rates and fees for use of authority poles and the placement of a small wireless facility or associated poles.
(b) An authority shall not require a wireless provider to pay any rates, fees, or compensation to the authority or other person other than what is expressly authorized by this subchapter for the right to use or occupy a right-of-way, for collocation of small wireless facilities on or in structures in the right-of-way, or for the installation, maintenance, modification, and replacement of associated poles in the right-of-way.
(c) Application fees for a permit shall be nondiscriminatory and shall not collectively exceed the following:
(1) One hundred dollars ($100) for each small wireless facility; or
(2) Two hundred fifty dollars ($250) for the installation, modification, or replacement of a pole together with the collocation of an associated small wireless facility in the right-of-way.
(d)(1) Except as described in § 23-17-510(e), a wireless provider shall pay an authority compensation for use of the right-of-way, an annual rate of up to thirty dollars ($30.00) per small wireless facility.
(2) A wireless provider shall pay an authority compensation for collocation of small wireless facilities on authority poles an annual rate of up to two hundred forty dollars ($240) for each authority pole.
(e) A wireless provider is not required to pay an authority compensation for micro-wireless facilities that are suspended on cables strung between existing utility poles in the right-of-way as long as the wireless provider compensates the authority through other licenses or franchises held directly or through one (1) of the wireless provider's affiliates for the placement of the suspensio
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-511
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 23-17-511. This identifies an authority to review, not proof of applicability.