Section 67.5119 – Ordinance or agreement required, when.
Effective – 01 Jan 2019 67.5119. Ordinance or agreement required, when. — 1. Within the later of two months after August 28, 2018, or two months after receiving a request from a wireless provider, an authority shall adopt an ordinance or develop an agreement that makes available to wireless providers rates, fees, and other terms […]
Section 67.5120 – Court jurisdiction.
Effective – 01 Jan 2019 67.5120. Court jurisdiction. — A court of competent jurisdiction shall have jurisdiction to determine all disputes arising under sections 67.5110 to 67.5121. ——– (L. 2018 H.B. 1991) Effective 1-01-19 Expires 1-01-25
Section 67.5121 – Indemnification, insurance, and bonding requirements permitted — exceptions.
Effective – 01 Jan 2019 67.5121. Indemnification, insurance, and bonding requirements permitted — exceptions. — 1. An authority may adopt indemnification, insurance, and bonding requirements related to small wireless facility permits, subject to the requirements of this section. 2. An authority may only require a wireless provider to indemnify and hold the authority and its […]
Section 67.5122 – Expiration date, exception.
Effective – 28 Aug 2020, 2 histories 67.5122. Expiration date, exception. — Sections 67.5110 to 67.5122 shall expire on January 1, 2025, except that for small wireless facilities already permitted or collocated on authority poles prior to such date, the rate set forth in section 67.5116 for collocation of small wireless facilities on authority poles […]
Section 67.5125 – Report to general assembly, when, contents.
Effective – 01 Jan 2019 67.5125. Report to general assembly, when, contents. — By December 31, 2018, the department of revenue shall prepare and deliver a report to the general assembly on the amount of revenue collected by local governments for the previous three fiscal years from communications service providers, as such term is defined […]
Section 67.5115 – Authority poles, use of — make-ready work.
Effective – 01 Jan 2019 67.5115. Authority poles, use of — make-ready work. — 1. The provisions of this section shall apply to activities of a wireless provider within the right-of-way. 2. A person owning, managing, or controlling authority poles in the right-of-way shall not enter into an exclusive arrangement with any person for the […]
Section 67.5116 – Rates and fees.
Effective – 01 Jan 2019 67.5116. Rates and fees. — 1. This section shall govern the rate to collocate small wireless facilities and an authority’s rates and fees for the placement of utility poles, but shall not limit an authority’s ability to recover specific removal costs from the attaching wireless provider for abandoned structures. The […]
Section 67.5117 – Limitation on services permitted.
Effective – 01 Jan 2019 67.5117. Limitation on services permitted. — Nothing in sections 67.5110 to 67.5121 shall be interpreted to allow any entity to provide services regulated under 47 U.S.C. Sections 521 to 573 without compliance with all laws applicable to such providers, nor shall sections 67.5110 to 67.5121 be interpreted to impose any […]
Section 67.5118 – Authority may exercise certain authority, limitations.
Effective – 01 Jan 2019 67.5118. Authority may exercise certain authority, limitations. — Subject to the provisions of sections 67.5110 to 67.5121 and applicable federal law, an authority shall continue to exercise zoning, land use, planning, and permitting authority within its territorial boundaries, including with respect to wireless support structures and utility poles, except that […]
Section 67.5110 – Citation of law, purpose.
Effective – 01 Jan 2019 67.5110. Citation of law, purpose. — Sections 67.5110 to 67.5121 shall be known and may be cited as the “Uniform Small Wireless Facility Deployment Act”, which is intended to encourage and streamline the deployment of small wireless facilities and to help ensure that robust and dependable wireless radio-based communication services […]