Section 37-17-6 – Chapter Inapplicable to Certain Entities.
Section 37-17-6 Chapter inapplicable to certain entities. (a) This chapter does not apply to any poles or structures owned by an electric provider, whether used for lighting, distribution, transmission, or otherwise. This chapter also does not apply to the equipment, easements, or business activities of any of the following: (1) A utility, as defined under […]
Section 37-17-7 – Liability of Authorities.
Section 37-17-7 Liability of authorities. (a) An authority exercising its authority established by this chapter may not be subject to suit or otherwise be responsible for the alleged negligence, wantonness, willfulness, recklessness, or any other claims for alleged wrongful acts or omissions of wireless providers or their officers, agents, contractors, subcontractors, employees, or other representatives […]
Section 37-17-8 – Insurance Requirements.
Section 37-17-8 Insurance requirements. (a) Except as authorized under subsection (b), during the period in which the small wireless facilities of a wireless provider are located on or attached to the authority’s assets, including its poles, or rights-of-way, the authority may require a wireless provider to do both of the following: (1) Carry, at the […]
Section 37-17-9 – Removal, Relocation, Change, etc., of Small Wireless Facilities; Written Order; Failure to Comply.
Section 37-17-9 Removal, relocation, change, etc., of small wireless facilities; written order; failure to comply. (a) An authority may order a wireless provider to remove, relocate, change, or otherwise alter the wireless provider’s small wireless facility or pole for any of the following reasons, so long as all other occupiers of the same right-of-way remove, […]
Section 37-17-10 – Construction and Application of Chapter.
Section 37-17-10 Construction and application of chapter. (a) Nothing in this chapter shall be interpreted to allow any entity to provide communications services without compliance with all laws applicable to communications service providers. Nor shall this chapter be interpreted to authorize the collocation, installation, placement, maintenance, or operation of any communications facility, including a wireline […]
Section 37-17-11 – Exemptions From Chapter.
Section 37-17-11 Exemptions from chapter. This chapter does not apply to an authority that has entered into an agreement with a wireless provider, or that has adopted an ordinance or other resolution, relating to the permitting of small wireless facilities and poles in the rights-of-way of the authority before May 1, 2021. In order to […]
Section 37-17-12 – Construction With Federal Regulations, Rulings, etc.; Application Denials by Alabama Department of Transportation.
Section 37-17-12 Construction with federal regulations, rulings, etc.; application denials by Alabama Department of Transportation. (a) Where this chapter is divergent with any regulations, rulings, or guidance provided by the Federal Highway Administration, the Alabama Department of Transportation shall follow the Federal Highway Administration requirements. (b) Notwithstanding any provision of this chapter to the contrary, […]
Section 37-18-1 – Definitions.
Section 37-18-1 Definitions. For the purposes of this chapter, the following terms shall have the following meanings: (1) GOVERNMENTAL ENTITY. The state or any political subdivision thereof, or any executive or legislative department, unit, agency, board, commission, or authority of the state, or any political subdivision, or any public corporation, authority, agency, board, commission, or […]
Section 37-18-2 – Prohibition Against Restricting Use of a Utility Service by a Provider Authorized to Do Business in Alabama.
Section 37-18-2 Prohibition against restricting use of a utility service by a provider authorized to do business in Alabama. Except as otherwise provided in this chapter, no governmental entity may adopt an ordinance, resolution, regulation, or policy that prohibits, or has the effect of restricting, a person’s or entity’s ability to use a utility service […]
Section 37-16-9 – Allocation and Accounting of Marginal Costs Related to Nonutility Support Services; Investments In, Loans To, Leases With Broadband Affiliates.
Section 37-16-9 Allocation and accounting of marginal costs related to nonutility support services; investments in, loans to, leases with broadband affiliates. (a) An electric provider providing broadband services shall fully allocate and properly account for all marginal costs, including the internal imputation of such costs when the electric provider does not provide broadband services through […]