§ 23-17-517. Overlapping jurisdiction of management of right-of-way
(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 […]
§ 23-17-514. Implementation
(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 […]
§ 23-17-515. Dispute resolution
(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 […]
§ 23-17-516. Indemnification, insurance, and bonding
(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, […]
§ 23-17-501. Legislative findings and intent
(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 […]
§ 23-17-502. Title
This subchapter shall be known and may be cited as the “Small Wireless Facility Deployment Act”.
§ 23-17-503. Definitions
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, […]
§ 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 […]