§ 23-17-507. Damage and repair — Replacements — Abandonment — Removal

(a)

1. (1) A wireless provider shall repair all damage to the right-of-way directly caused by the activities of the wireless provider in the right-of-way and return the right-of-way to its functional and aesthetic equivalence before the damage under the competitively neutral, reasonable requirements and specifications of the authority.

2. (2) If the wireless provider fails to make the repairs required by the authority within a reasonable time after written notice, the authority may make those repairs and charge the applicable party the actual and reasonable documented cost, including overhead, of the repairs.

(b)

1. (1) A wireless provider is not required to replace or upgrade an existing pole except for reasons of structural necessity or compliance with applicable codes.

2. (2) A wireless provider may, with the permission of the pole owner, replace or modify existing poles, but any such replacement or modification shall substantially conform to the design aesthetics of the pole being modified or replaced.

(c)

1. (1) A wireless provider shall notify the authority at least thirty (30) days before the wireless provider’s abandonment of a small wireless facility.

2. (2) If the wireless provider fails to remove the abandoned small wireless facility within ninety (90) days after the notice, the authority may undertake the removal and recover the actual and reasonable documented cost, including overhead, of the removal from the wireless provider, or its successors or assigns.

(d)

1. (1) An authority may order the removal of a small wireless facility or associated pole in the right-of-way that violates § 23-17-505, § 23-17-506, or applicable codes.

2. (2) The authority shall provide written notice of the violation to the owner of the small wireless facility at least thirty (30) days before removal to afford the owner the opportunity to conduct repairs or removal or otherwise remedy the violation.

3. (3)

   1. (A) If the authority determines that a wireless provider’s activity in a right-of-way under this subchapter creates an imminent risk to public safety, the authority may provide written notice to the wireless provider and demand that the wireless provider address the risk.

   2. (B) If the wireless provider fails to reasonably address the risk within twenty-four hours of the written notice, the authority may take or cause to be taken action to reasonably address the risk and charge the wireless provider the reasonable documented cost of the actions.

(e)

1. (1) A wireless provider shall not collocate a small wireless facility or install, modify, or replace a pole in the right-of-way that:

   1. (A) Materially interferes with the safe operation of traffic control equipment;

   2. (B) Materially interferes with sight lines or clear zones for transportation or pedestrians;

   3. (C) Materially interferes with compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, or similar federal or state standards regarding pedestrian access or movement; or

   4. (D) Fails to comply with applicable codes.

2. (2)

   1. (A) For an authority that requires permits under § 23-17-510, compliance with these criteria will be determined during the permitting process.

   2. (B) An authority that does not require a permit under § 23-17-510 shall provide at least thirty (30) days’ notice of and a reasonable opportunity to cure a violation of subdivision (e)(1) of this section.