11-1806. Application processing

A. A county shall adopt an application process and time frames for the installation, modification or replacement of utility poles or wireless support structures inside of the right-of-way or for the collocation of small wireless facilities inside of the right-of-way that comply with section 11-1605. The application process and time frames shall be adopted within the time period beginning on August 9, 2017 and ending after the time allowed under the county's procedures adopted pursuant to section 11-1605 for the adoption of an ordinance, or ninety days after receiving the first request by a wireless provider, whichever is later.

B. An applicant is entitled to all of the rights granted in chapter 11, article 1 of this title.

C. A county may not:

1. Directly or indirectly require an applicant to perform services that are unrelated to the application, such as in-kind contributions to the county, including reserving fiber, conduit or pole space on the wireless provider's pole for the county.

2. Require an applicant to provide more information to obtain a permit than the county requires of a communications service provider that is not a wireless provider and that requests to attach facilities to a structure.

3. Institute, either expressly or de facto, a moratorium on filing, receiving or processing applications or issuing permits or other approvals, if any, for the collocation of a small wireless facility.

4. Require an application for routine maintenance or the replacement of small wireless facilities with small wireless facilities that are substantially similar or the same size or smaller. A county may require a permit to work within a right-of-way for such activities, if applicable. A permit issued pursuant to this paragraph is subject to the requirements of this section.

D. Issuance of a permit by a county shall allow the applicant to do both of the following:

1. Collocate the small wireless facilities or construct, install, mount, maintain, modify, operate or replace the utility pole or wireless support structure, as specified in the permit.

2. On final inspection of all work completed pursuant to the permit, subject to applicable relocation requirements and the wireless provider's right to terminate at any time, operate and maintain the small wireless facilities. A permit may not state a duration period for operation and maintenance.

E. This article does not allow a person to collocate small wireless facilities on a privately owned utility pole, a privately owned wireless support structure or private property without the consent of the property owner.