§ 23-17-504. Exclusive arrangements
An authority shall not enter into an exclusive arrangement with a person for use of the right-of-way for the collocation of small wireless facilities or the installation, operation, marketing, modification, maintenance, or replacement of poles for the collocation.
§ 23-17-505. Use of rights-of-way by wireless provider
(a) Subject to this subchapter, a wireless provider shall have the right, as a permitted use not subject to zoning review or approval, to collocate, maintain, modify, operate, and replace small wireless facilities and to install, maintain, modify, and replace poles it owns or manages or, with the permission of the owner, a third party’s […]
§ 23-17-506. Requirements — Height limits — Standards
(a) Each new or modified pole installed in the right-of-way for the purpose of the collocation of small wireless facilities shall not exceed the greater of: (1) Fifty feet (50′) in height above ground level; or (2) Ten percent (10%) taller than the tallest existing pole in place in the same right-of-way as of September […]
§ 23-17-507. Damage and repair — Replacements — Abandonment — Removal
(a) (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) If the wireless provider fails to […]
§ 23-17-508. Aesthetic standards
(a) An authority that has adopted an ordinance under § 14-17-209 or § 14-56-416 may adopt and enforce standards that govern the aesthetic appearance of small wireless facilities and associated poles to ensure coordinated, adjusted, and harmonious development, as provided in this section. (b) Aesthetic standards adopted by an authority for small wireless facilities and […]
§ 23-17-509. Collocation on authority poles
(a) This section applies to activities of a wireless provider collocating small wireless facilities on authority poles in the authority’s right-of-way or in a right-of-way controlled by the Arkansas Department of Transportation located within an authority. (b) (1) A person owning, managing, or controlling authority poles in the right-of-way shall not enter into an exclusive […]
§ 23-17-412. Optional alternative regulation of eligible telecommunications companies
(a) (1) Telephone companies that file notice with the Arkansas Public Service Commission of an election to be regulated in accordance with the provisions of this section are authorized to determine and account for their respective revenues and expenses, including depreciation expenses, pursuant to generally accepted accounting principles and, except as provided in this section, […]
§ 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 […]
§ 23-17-413. Optional provision of database to vendors
In order to assign the place of primary use for mobile telecommunications services pursuant to the Mobile Telecommunications Sourcing Act, Pub. L. No. 106-252, the Secretary of the Department of Finance and Administration may choose whether to furnish vendors with a database that matches addresses with taxing jurisdictions or to allow vendors to employ an […]
§ 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 […]