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23-17-511. Fees and rates.
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:23-17-511
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 74e89eff2da6f68487495e976bad3e897f48cc5630ca8dc825cfa43fc0b7cd02
Source location: content.xml paragraph 13405
Stored source content
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 suspension cables in the right-of-way.
(f) The rates under this section, together with a onetime application fee, shall be the total compensation that the wireless provider is required to pay the authority for the deployment of small wireless facilities in the right-of-way and any associated poles.
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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.