9-584. Microcell equipment in public highways; permits; fees; limitations; definitions

A. A political subdivision shall allow the following persons and their affiliates to install, operate and maintain microcell equipment in the public highways that are under the jurisdiction of the political subdivision:

1. A telecommunications corporation within the licensed area of a license issued by the political subdivision under this article.

2. A telecommunications corporation described in section 9-582, subsection E.

3. A cable operator as defined in section 9-505 in the area of jurisdiction licensed by the political subdivision under section 9-506.

4. A video service provider in the service area licensed by the political subdivision.

B. On application a political subdivision shall issue permits for the installation, operation and maintenance of microcell equipment in the public highways within the political subdivision on a competitively neutral and nondiscriminatory basis to all persons specified in subsection A of this section. Only a qualified service provider may use microcell equipment to provide commercial mobile radio service.

C. All application fees, permit fees and charges levied by a political subdivision for applications or permits shall be levied on a competitively neutral and nondiscriminatory basis and directly related to the costs incurred by the political subdivision in providing services relating to the granting or administration of applications or permits. These fees and charges also shall be reasonably related in time to the occurrence of the costs.

D. A political subdivision may not charge a recurring fee, rent or other charge for use of aerial strand-mounted microcell equipment in public highways within the political subdivision if the political subdivision levies a rent, fee or charge on a person identified in subsection A of this section for the use of the public highways to provide a service. This subsection does not prohibit a political subdivision from charging a competitively neutral and nondiscriminatory rent, fee or charge for the use of utility poles or other poles of the political subdivision.

E. Except as the political subdivision agrees in the political subdivision's sole discretion, at each site microcell equipment is limited to:

1. Not more than two strand-mounted antennas and radio pairs that are owned by a person specified in subsection A of this section or a qualified service provider and that are used to provide commercial mobile radio service.

2. Related devices that are owned by a person specified in subsection A of this section and that are mounted on strand between utility poles, including power supplies, housings, cables and similar supporting furnishings and improvements.

F. This section does not:

1. Affect any authority of a political subdivision, an agricultural improvement district or any other special taxing district, or any other person controlling utility poles in the public highways to deny, limit, restrict or determine the terms and conditions for use of or attachment to the utility poles or attachments to other poles of the political subdivision, district or other person by a person specified in subsection A of this section.

2. Prohibit a political subdivision from imposing competitively neutral and nondiscriminatory requirements for a person identified in subsection A of this section to underground aerial facilities to which microcell equipment is attached.

3. Prohibit a political subdivision from imposing a tax, rent, fee or charge on revenue from services provided through microcell equipment.

4. Affect any authority of a political subdivision to manage the public highways within the political subdivision's boundaries or to exercise the political subdivision's police powers and land use powers, including review and approval of an application before issuing a permit.

5. Affect the application of federal law on processing applications, issuing permits and levying charges for the construction, management, installation, operation, maintenance and control of microcell equipment in the public highways.

G. For the purposes of this section:

1. " Affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with a person specified in subsection A of this section.

2. " Microcell equipment" means devices that are connected to the aerial facilities of a person specified in subsection A of this section and that are used solely for transmitting, processing and receiving voice and data wireless telecommunications services. Microcell equipment does not include any ground-based equipment.

3. Political subdivision does not include an agricultural improvement district or other special taxing district that controls utility poles or an irrigation district.

4. " Qualified service provider" means a person that has all applicable authorizations required to provide commercial mobile radio service using microcell equipment.

5. " Utility pole" means a pole or similar structure and attached appurtenances including strand that is designed for telecommunications, cable, data or electric functions.