A. An authority shall not enter into an exclusive agreement with a person for the right to attach a small wireless facility to an authority utility pole.

B. The rates and fees an authority imposes for the collocation of a small wireless facility on an authority utility pole shall not vary according to the services provided by the collocating person.

C. The rate to collocate a small wireless facility on an authority utility pole shall not exceed twenty dollars ($20.00) per utility pole per year.

D. An authority shall process an application for a permit to collocate a small wireless facility on an authority utility pole in accordance with Section 4 [63-9I-4 NMSA 1978] of the Wireless Consumer Advanced Infrastructure Investment Act. The authority may condition the issuance of the permit on the wireless provider's replacement of the authority utility pole if the authority determines that applicable codes or local laws concerning public safety require that replacement. The authority shall process an application for a permit to install a replacement authority utility pole in accordance with Section 5 [63-9I-5 NMSA 1978] of the Wireless Consumer Advanced Infrastructure Investment Act. The authority shall retain ownership of the replacement utility pole.

E. An authority may prohibit, regulate and charge for the collocation of a small wireless facility on a wireless support structure owned by the authority.

History: Laws 2018, ch. 17, § 6 and Laws 2018, ch. 69, § 6.

Duplicate laws. — Laws 2018, ch. 17, § 6 and Laws 2018, ch. 69, § 6, both effective September 1, 2018, enacted identical new sections. The section was set out as enacted Laws 2018, ch. 69, § 6. See 12-1-8 NMSA 1978.