US Lawyer Database

§ 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 […]

§ 23-17-510. 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 […]

§ 23-17-511. 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 […]

§ 23-17-512. Local authority

(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, […]

§ 23-17-513. Arkansas Public Service Commission — Jurisdiction over pole attachments

(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. […]