(a) The General Assembly finds that: (1) The deployment of small wireless facilities and other next-generation wireless and broadband network facilities is a matter of federal and statewide concern and interest; (2) Wireless and broadband products and services are a significant and continually growing part of the state’s economy, and accordingly, encouraging the development of […]
This subchapter shall be known and may be cited as the “Small Wireless Facility Deployment Act”.
As used in this subchapter: (1) “Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with another party; (2) “Antenna” means communications equipment that transmits or receives an electromagnetic radio frequency signal in the provision of wireless service; (3) (A) “Antenna equipment” means equipment, switches, wiring, cabling, […]
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.
(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 […]
(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 […]
(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 […]
(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 […]
(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 […]
(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 […]
(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 […]
(a) (1) Subject to this subchapter and applicable federal law, an authority may continue to exercise zoning, land use, planning, and permitting authority within its territorial boundaries with respect to wireless support structures, including the enforcement of applicable codes. (2) An authority shall not have or exercise any jurisdiction or authority over the design, engineering, […]
(a) This subchapter does not limit, abrogate, or supersede the jurisdiction of the Arkansas Public Service Commission, or any rule or order of the commission concerning pole attachments under § 23-4-1001 et seq., or any agreement of a public utility pole owner and attacher related to the rates, terms, and conditions for a pole attachment. […]
(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 […]
(a) A court of competent jurisdiction shall have jurisdiction to determine disputes arising under this subchapter. (b) Pending resolution of a dispute concerning rates for collocation of small wireless facilities on authority poles in the right-of-way, the authority owning or controlling the structure shall allow the collocating person to collocate at annual rates of no […]
(a) An authority may adopt reasonable indemnification, insurance, and bonding requirements related to the deployment of small wireless facilities and associated poles under this subchapter. (b) (1) An authority may require a wireless provider to defend, indemnify, and hold harmless the authority and its officers, agents, and employees against any claims, demands, damages, lawsuits, judgments, […]
(a) In an area where more than one (1) authority may assert jurisdiction over a right-of-way, only the authority controlling the smallest geographic territory shall be authorized to adopt standards under § 23-17-508, issue permits under § 23-17-510, or require the payment of fees under § 23-17-511. (b) This section does not restrict the authority […]
