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 […]
Section 37-18-3 – Exercise of Police Powers; Licenses and Permits; Propane Regulations.
Section 37-18-3 Exercise of police powers; licenses and permits; propane regulations. Nothing in this chapter shall be construed as affecting a governmental entity’s authority to do the following: (1) Exercise existing police powers to review and approve an application before issuing building permits or to otherwise enforce building, fire, and other public safety codes or […]
Section 37-16-10 – Limitation of Source of Funds.
Section 37-16-10 Limitation of source of funds. In no event shall funds be appropriated from the Education Trust Fund under this chapter. (Act 2019-326, §1.)
Section 37-18-4 – Relation to Rules of Alabama Public Service Commission.
Section 37-18-4 Relation to rules of Alabama Public Service Commission. Nothing in this chapter shall be deemed to affect the rules of the Alabama Public Service Commission adopted in accordance with its powers under this title. This section does not limit or restrict the power or authority of a utility to take action pursuant to […]
Section 37-17-1 – Definitions.
Section 37-17-1 Definitions. When used in this chapter, the following words shall have the following meanings: (1) ANTENNA. An apparatus designed for the purpose of emitting radio frequency, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service. For purposes of this subdivision, the […]
Section 37-18-5 – Relation to Chapter 14.
Section 37-18-5 Relation to Chapter 14. Nothing in this chapter shall be deemed to amend, alter, modify, or in any way affect Chapter 14. (Act 2021-336, §5.)
Section 37-17-2 – Rights of Authorities Regarding Small Wireless Facilities and Associated Poles.
Section 37-17-2 Rights of authorities regarding small wireless facilities and associated poles. (a) An authority may not deny a wireless provider the right, as a permitted use subject to Section 37-17-3 and the authority’s requirements not in conflict with this chapter or a then-existing final order of the Federal Communications Commission (FCC), to do either […]
Section 37-17-3 – Exemption From Zoning Review or Approval; Application Procedures; Permits.
Section 37-17-3 Exemption from zoning review or approval; application procedures; permits. (a) Subject to the limitations established in this chapter, small wireless facilities and associated poles are not subject to zoning review or approval if they are located in the right-of-way under the control of an authority and otherwise comply with this chapter and a […]
Section 37-17-4 – Collocation of Small Wireless Facilities; Performance of Make-Ready Work; Costs.
Section 37-17-4 Collocation of small wireless facilities; performance of make-ready work; costs. (a) Subject to Sections 37-17-2, 37-17-3, and 37-17-5, an authority shall allow the collocation of small wireless facilities on existing poles, other than any poles owned by an electric provider, owned or controlled by an authority and the mounting or installation of small […]