§ 39-32-2. Regulation of small wireless facilities. (a) A wireless service provider authorized to do business in this state or a contractor acting on its behalf may collocate small wireless facilities within, along, across, upon, and under any public right-of-way in this state, including state highways and freeways, and may construct conduit, cables, and facilities between such small wireless facility and other equipment or services located on or adjacent to the supporting pole or other structure, subject to the provisions of this chapter.

(b) Except as provided in this chapter, an authority shall not prohibit, regulate, or charge for the collocation of small wireless facilities.

(c) Small wireless facilities shall be classified as permitted uses in all zoning districts and shall not be subject to zoning review or approval.

(d) Nothing in this chapter shall be construed to authorize a person to collocate a small wireless facility on a privately owned pole, structure, or other private property without the consent of the property owner.

(e) All agreements between authorities and wireless service providers that are in effect on the effective date of this chapter [September 27, 2017] and that relate to the collocation of small wireless facilities in the public right-of-way or on authority poles or structures shall remain in effect, subject to any termination provisions in such agreements. Notwithstanding the foregoing, at the election of a wireless service provider, the rates, fees, terms, and conditions established pursuant to this chapter shall apply to small wireless facilities that are the subject of an application submitted after the effective date of this chapter.

History of Section. (P.L. 2017, ch. 309, § 2; P.L. 2017, ch. 331, § 2.)