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 […]
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 37-15-7 – Emergency Excavation or Demolition.
Section 37-15-7 Emergency excavation or demolition. (a) Compliance with the notice requirements of Section 37-15-4 is not required of persons responsible for emergency excavation or demolition; provided, however, that such person gives, before commencing or as soon as practicable thereafter, notice of the emergency excavation or demolition to each operator having underground facilities located in […]