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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
Except to the extent authorized by current or future federal law, nothing in this chapter shall authorize this state or any political subdivision thereof, including, but not limited to, an authority, to require small wireless facility deployment or to regulate wireless services. History. Code 1981, § 36-66C-18 , enacted by Ga. L. 2019, p. 236, […]
In the event of any conflict between the provisions of this chapter and the provisions of Chapter 66B of this title, this chapter shall control as to the collocation of small wireless facilities and the construction, installation, maintenance, modification, operation, and replacement of poles or support structures by wireless providers in the right of way. […]
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 […]
The construction, installation, maintenance, modification, operation, and replacement of wireline backhaul facilities in the right of way are not addressed by this chapter, and any such activity shall comply with Code Section 46-5-1, Chapter 76 of this title, and other applicable law. The approval of the installation, placement, maintenance, or operation of a small wireless […]
Nothing in this chapter relieves any person of any duties set forth in Chapter 9 of Title 25. History. Code 1981, § 36-66C-21 , 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 […]
An applicant that has not previously held a meeting with a Class I Authority that complies with this Code section shall meet with the Class I Authority at least 30 days before submitting applications under Code Section 36-66C-6 to inform such authority in good faith when such applicant expects to commence deployment of small wireless […]
A wireless provider may collocate small wireless facilities and install, modify, or replace associated poles or decorative poles under this chapter without an agreement with an authority and without an implementing ordinance. An authority may make available to wireless providers rates, fees, and other terms that comply with this chapter and that are adopted by […]
As a condition to the issuance of a permit to collocate a small wireless facility or to install, modify, or replace a pole or a decorative pole for collocation of a small wireless facility in a right of way, the applicant shall pay the following fees and rates: A fee for each application for the […]
A wireless provider may collocate small wireless facilities on authority poles and decorative poles in the right of way, subject to administrative review only and the issuance of a permit as set forth in this Code section. Subject to administrative review only and the issuance of a permit as set forth in this Code section, […]
The requirements of this Code section govern an authority’s review of applications for uses that are subject to administrative review as described in subsection (a) of Code Section 36-66C-6. Within 20 days of receipt of a written application, the authority shall: Notify the applicant in writing of the commencement and completion dates of any widening, […]
Applications for any other uses that are not expressly set forth or referenced in subsection (a) of Code Section 36-66C-6 or that are not otherwise addressed by this chapter shall require compliance with, and issuance of a permit under, applicable law. Without limiting the foregoing, any modification, maintenance, repair, or replacement that is not set […]
