§31H-2-3. Access to Authority Utility Poles; Application and Permit Fees and Rates for Small Wireless Facilities
(a) An authority shall allow the collocation of small wireless facilities on authority utility poles within the right-of-way subject to the provisions of this chapter and the following: (1) An authority may not enter into an exclusive arrangement with any person for the right to attach small wireless facilities to authority utility poles;
§31H-2-4. Local Authority; Miscellaneous Provisions
(a) Nothing in this chapter may be construed to relieve any person from any requirement: (1) To obtain a franchise or a state-issued authorization to offer cable television service; or
§31H-1-1. Legislative Findings
(a) The deployment of reliable small wireless facilities and other next generation wireless and broadband network technology is a matter of statewide concern and critical to the continued economic development and diversification in the state of West Virginia. (b) Small wireless facilities are critical to delivering wireless access to advanced technology, broadband, and 911 services […]
§31H-1-2. Definitions
As used in this chapter, the following words and phrases have the meanings given to them in this section unless the context clearly indicates otherwise: (1) “Antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services;
§31H-2-1. Use of Rights-of-Way for Small Wireless Facilities and Utility Poles; Other Structures
(a) The provisions of this section shall only apply to activities of a wireless provider within the right-of-way. (b) Except as provided in this chapter, an authority may not prohibit, regulate, or charge for the collocation of small wireless facilities or the installation of utility poles and associated small wireless facilities. (c) An authority may […]
§31H-2-2. Permitting Process for Small Wireless Facilities
(a) The provisions of this section shall apply to the permitting of small wireless facilities by a wireless provider in or outside the right-of-way as specified in subsection (b) of this section and to the permitting of the installation, modification, and replacement of utility poles by a wireless provider inside the right-of-way. (b) Small wireless […]