§ 36-66C-10. Collocation Within Historic District; Limitations
Notwithstanding any provision of this chapter to the contrary, within a historic district, an applicant may collocate a small wireless facility and may place or replace a pole, only upon satisfaction of the following: The issuance of a permit under subsection (a) of Code Section 36-66C-6; and Compliance with any objective, reasonable, and nondiscriminatory aesthetic […]
§ 36-66C-11. Alternate Locations; Certification
For applications for new poles in the right of way in areas zoned for residential use, the authority may propose an alternate location in the right of way within 100 feet of the location set forth in the application, and the wireless provider shall use the authority’s proposed alternate location unless the location imposes technical […]
§ 36-66C-12. Requirements for Use of Decorative Poles
Notwithstanding any provision of this chapter to the contrary, an applicant may collocate a small wireless facility on a decorative pole, or may replace a decorative pole with a new decorative pole, in the event the existing decorative pole will not structurally support the attachment, only upon satisfaction of the following: The issuance of a […]
§ 36-66C-13. Consolidated Applications
An applicant may submit a single consolidated application, provided that such a consolidated application shall be for a geographic area no more than two miles in diameter and shall comply with this Code section. The denial of one or more small wireless facilities or poles in a consolidated application shall not delay the processing of […]
§ 36-66C-14. Resolution of Conflicting Requests
If multiple applications are received by the authority to install two or more poles or decorative poles at the same location or to collocate two or more small wireless facilities on the same pole, decorative pole, or support structure, the authority shall resolve conflicting requests in an appropriate, reasonable, and nondiscriminatory manner. History. Code 1981, […]
§ 36-66C-15. Indemnification and Liability
An authority shall not require a wireless provider to indemnify and hold the authority and its officers and employees harmless against any claims, lawsuits, judgments, costs, liens, losses, expenses, or fees arising from the wireless provider’s activities in the public right of way under this chapter, except when a court of competent jurisdiction has found […]
§ 36-66C-16. Extra Services
Absent an agreement to the contrary that is made public and that is available for adoption upon the same terms and conditions to any requesting wireless provider, an authority shall not require an applicant to perform services unrelated to the collocation for which approval is sought, such as in-kind contributions to the authority, including reserving […]
§ 36-66C-1. Short Title
This chapter shall be known and may be cited as the “Streamlining Wireless Facilities and Antennas Act.” History. Code 1981, § 36-66C-1 , enacted by Ga. L. 2019, p. 236, § 1/SB 66. Editor’s notes. For information as to the effective date of this Code section, see the effective date note at the beginning of […]
§ 36-66C-17. Application if Prior Agreement in Place
If an authority and a wireless provider entered into an agreement addressing the subject matter of this chapter prior to October 1, 2019: This chapter shall not apply until such agreement expires or is terminated pursuant to its terms with regard to poles, decorative poles, support structures, replacement poles, and small wireless facilities installed pursuant […]
§ 36-66C-2. Definitions
As used in this chapter, the term: “Administrative review” means review by an authority, including authority staff, of an application to determine whether the issuance of a permit is in conformity with the applicable provisions of this chapter. “Antenna” means: Communications equipment that transmits, receives, or transmits and receives electromagnetic radio frequency signals used in […]