86-1238. Activities of wireless provider within right-of-way; authorized; procedure; rates; terms and conditions.

(1) This section applies to the activities of a wireless provider within the right-of-way.

(2) A person owning, managing, or controlling authority poles in a right-of-way may enter into an exclusive arrangement with any person for the management of an attachment to such poles. A person who manages attachments to authority poles or who manages, purchases, or otherwise acquires an authority pole is subject to the requirements of the Small Wireless Facilities Deployment Act.

(3) An authority shall allow the collocation of small wireless facilities on authority poles using the process in section 86-1237.

(4) The rates provided under section 86-1239 to collocate on authority poles shall be nondiscriminatory regardless of the services provided by the collocating person.

(5)(a) The rates, fees, terms, and conditions for make-ready work to collocate on an authority pole shall be nondiscriminatory, competitively neutral, and commercially reasonable and shall reimburse all reasonable costs incurred by an authority in compliance with the Small Wireless Facilities Deployment Act.

(b) An authority shall provide a good faith estimate for any make-ready work necessary to enable the authority pole to support the requested collocation by an applicant, including pole replacement if necessary, within one hundred twenty days after receipt of a completed application. Make-ready work, including any pole replacement, shall be completed within ninety days after written acceptance of the good faith estimate by the applicant. An authority may require replacement of the authority pole only if it determines and provides details indicating that the collocation would make the authority pole structurally unsound.

(c) The person owning, managing, or controlling the authority pole shall not require more make-ready work than required to meet applicable codes or industry standards. Fees for make-ready work shall not include costs related to known preexisting or prior damage or noncompliance. Fees for make-ready work, including any pole replacement, shall not exceed actual costs or the amount charged to other communications service providers for reasonably similar work and may include reasonable consultant fees or expenses.

(d) For purposes of this subsection, make-ready work generally refers to the modification of utility poles or lines or the installation of guys and anchors to accommodate additional facilities.

Source