Section 67.5114

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 67

Effective - 01 Jan 2019, see footnote   

  67.5114.  Authority wireless support structures, use for collocation — rates, fees, and terms. — 1.  This section only applies to collocations on authority poles and authority wireless support structures that are located on authority property outside the right-of-way.

  2.  Subject to subsection 3 of this section, an authority shall authorize the collocation of small wireless facilities on authority wireless support structures and authority poles to the same extent, if any, that the authority permits access to such structures for other commercial projects or uses.  Such collocations shall be subject to reasonable and nondiscriminatory rates, fees, and terms as provided in an agreement between the authority, or its agent, and the wireless provider.

  3.  An authority shall not enter into an exclusive agreement with a wireless provider concerning authority poles or authority wireless support structures, including stadiums and enclosed arenas, unless the agreement meets the following requirements:

  (1)  The wireless provider provides service using a shared network of wireless facilities that it makes available for access by other wireless providers, on reasonable and nondiscriminatory rates and terms that shall include use of the entire shared network, as to itself, an affiliate, or any other entity; or

  (2)  The wireless provider allows other wireless providers to collocate small wireless facilities, on reasonable and nondiscriminatory rates and terms, as to itself, an affiliate, or any other entity.

  4.  When determining whether a rate, fee, or term is reasonable and nondiscriminatory for the purposes of this section, consideration may be given to any relevant facts, including alternative financial or service remuneration, characteristics of the proposed equipment or installation, structural limitations, or other commercial or unique features or components.

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(L. 2018 H.B. 1991)

Effective 1-01-19

Expires 1-01-25