23-17-514. Implementation.

Arkansas Code — all titles (historical 2020) · legal_authorities

23-17-514. Implementation.

23-17-514. Implementation. (a)(1) An authority may adopt an ordinance that makes available to wireless providers rates, fees, and other terms that comply with this subchapter. (2) Subject to the other provisions of this section, in the absence of an ordinance or agreement that substantially implements this subchapter and until such an ordinance is adopted or agreement is reached, if at all, a wireless provider may collocate small wireless facilities and install associated poles under the requirements of this subchapter. (3) An authority shall not require a wireless provider to enter into an agreement to implement this subchapter, but such agreements are permissible if voluntary and nondiscriminatory. (b) Ordinances and agreements implementing this subchapter are public or private arrangements and are matters of legitimate and significant statewide concern. (c)(1) A provision of an agreement or ordinance with an effective date before September 1, 2019, that does not fully comply with this subchapter shall apply only to small wireless facilities and associated poles that were operational before September 1, 2019, and shall be deemed invalid and unenforceable beginning on the one hundred eighty-first day after September 1, 2019. (2) To the extent an agreement or ordinance, or part thereof, is invalid under subdivision (c)(1) of this section, small wireless facilities and associated poles that became operational before September 1, 2019, under the agreement or ordinance, may remain installed and be operated under the requirements of this subchapter. (d)(1) An agreement or ordinance with an effective date of September 1, 2019, or later that applies to small wireless facilities and associated poles is invalid and unenforceable unless it fully complies with this

Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-514

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.