US Lawyer Database

§ 13-24-409. Uniform Application Procedures for Local Authorities

A local authority may require an applicant to seek permission by application to colocate a small wireless facility or install a new or modified PSS associated with a small wireless facility and obtain one (1) or more work permits, as long as the work permits are of general applicability and do not apply exclusively to […]

§ 13-24-410. Provisions Applicable Solely to the State as an Authority

Notwithstanding any other provision in this part to the contrary, the deployment of small wireless facilities in state ROW is subject to this section, as follows: In those instances in which an applicant seeks to deploy a small wireless facility or new PSS within a state ROW under the control of the department of transportation […]

§ 13-24-411. Authority Powers Preserved

Consistent with the limitations in this part, an authority may require applicants to: Follow generally applicable and nondiscriminatory requirements for entities that deploy infrastructure or perform construction in a ROW: Requiring structures and facilities placed within a ROW to be constructed and maintained as not to obstruct or hinder the usual travel upon pedestrian or […]

§ 13-24-412. Private Right of Action

Any party aggrieved by the failure of an authority to act in accordance with this part may seek remedy in the chancery court for the county in which the applicant attempted to deploy or has deployed a small wireless facility, unless the claim seeks a remedy against the state, in which case the claim must […]

§ 13-24-302. Facilities Included

Such facilities include those essential to the provision of telephone and telegraph services such as central office exchanges and microwave towers which require a specific location in order to provide the most efficient service to the public.

§ 13-24-303. Regulations Allowed

The exclusion of location from local regulation does not preclude the exercise of reasonable municipal and county police powers including, but not limited to, permit requirements, landscaping, off-street parking or set-back lines as an exercise of police powers.