86-1239. Requirement to pay rate, fee, or compensation; authority; limitation; occupation tax; application fee; limitation.

(1) An authority shall not require a wireless provider to pay any rate, fee, or compensation to the authority or other person other than what is expressly authorized by section 86-704, or, where applicable, section 14-109, 15-203, 16-205, or 17-525, or the Small Wireless Facilities Deployment Act for the right to use or occupy a right-of-way for collocation of small wireless facilities on wireless support structures or utility poles in the right-of-way or for the installation, maintenance, modification, operation, and replacement of utility poles in the right-of-way.

(2)(a) An authority that charges occupation taxes under section 86-704 shall not charge a wireless services provider any additional amount for the use of a right-of-way. An authority may charge a wireless provider that does not pay the authority's occupation tax under section 86-704 either a rate of two hundred fifty dollars for each small wireless facility each year, or a fee equal to the occupation tax charged by the authority under section 14-109, 15-203, 16-205, or 17-525.

(b) The application fees for collocation of small wireless facilities on an existing or replacement authority pole shall not exceed five hundred dollars for up to five small wireless facilities on the same application and one hundred dollars for each additional small wireless facility on the same application.

(c) The application fees for the installation, modification, or replacement of a utility pole and the collocation of an associated small wireless facility that are a permitted use in accordance with the specifications in subsection (5) of section 86-1236 shall not exceed two hundred fifty dollars per pole.

(d) In the case of coapplicants for a single site, only one application fee may be charged for the site.

(3) The rate for collocation of a small wireless facility on an authority pole in the right-of-way shall be no more than twenty dollars per authority pole per year.

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