Section 67.5119

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 67

Effective - 01 Jan 2019, see footnote   

  67.5119.  Ordinance or agreement required, when. — 1.  Within the later of two months after August 28, 2018, or two months after receiving a request from a wireless provider, an authority shall adopt an ordinance or develop an agreement that makes available to wireless providers rates, fees, and other terms that comply with sections 67.5110 to 67.5121, subject to subsection^* 2 of this section.  An authority and a wireless provider may enter into an agreement implementing sections 67.5110 to 67.5121, but an authority shall not require a wireless provider to enter into such an agreement.

  2.  Sections 67.5110 to 67.5121 shall not nullify, modify, amend, or prohibit a mutual agreement between an authority and a wireless provider made prior to August 28, 2018, but an agreement that does not fully comply with sections 67.5110 to 67.5121 shall apply only to small wireless facilities and utility poles that were installed or approved for installation before August 28, 2018, subject to any termination provisions in the agreement.  Such an agreement shall not be renewed, extended, or made to apply to any small wireless facility or utility pole installed or approved for installation after August 28, 2018, unless it is modified to fully comply with sections 67.5110 to 67.5121.  In the absence of an agreement, and until such a compliant agreement or ordinance is entered or adopted, small wireless facilities and utility poles that become operational or were constructed before August 28, 2018, may remain installed and be operated under the requirements of sections 67.5110 to 67.5121.

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(L. 2018 H.B. 1991)

Effective 1-01-19

Expires 1-01-25

*Word "subsections" appears in original rolls.