Effective 01 Jan 2019, see footnote

67.5115. Authority poles, use of — make-ready work. — 1. The provisions of this section shall apply to activities of a wireless provider within the right-of-way.

2. A person owning, managing, or controlling authority poles in the right-of-way shall not enter into an exclusive arrangement with any person for the right to attach to such poles. A person who purchases or otherwise acquires an authority pole is subject to the requirements of this section.

3. An authority shall allow the collocation of small wireless facilities on authority poles using the process set forth in section 67.5113.

4. The authority may require, as part of an application, engineering and construction drawings, as well as plans and detailed cost estimates for any make-ready work as needed, for which the applicant shall be solely responsible.

5. Make-ready work shall be addressed as follows, unless the parties agree to different terms in a pole attachment agreement:

(1) The rates, fees, and terms and conditions for the make-ready work to collocate on an authority pole shall be nondiscriminatory, competitively neutral, and commercially reasonable, and shall comply with sections 67.5110 to 67.5121;

(2) The authority shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested collocation by a wireless provider, including pole replacement if necessary, within sixty days after receipt of a complete application. Make-ready work, including any pole replacement, shall be completed within sixty days of written acceptance of the good faith estimate and advance payment, if required, by the applicant. An authority may require replacement of the authority pole on a nondiscriminatory basis for reasons of safety and reliability, including a demonstration that the collocation would make the authority pole structurally unsound, including, but not limited to, if the collocation would cause a utility pole owned by the state highways and transportation commission to fail a crash test; and

(3) 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 preexisting or prior damage or noncompliance unless the authority had determined, prior to the filing of the application, to permanently abandon and not repair or replace the structure. Fees for make-ready work, including any pole replacement, shall not exceed actual costs or the amount charged to other communications service providers for similar work, and shall not include third-party fees, charges, or expenses, except for amounts charged by licensed contractors actually performing the make-ready work.

6. When a small wireless facility is located in the right-of-way of the state highway system, equipment and facilities directly associated with a particular small wireless facility, including coaxial and fiber-optic cable, conduit, and ground mounted equipment, shall remain in the utility corridor except as needed to reach an authority or utility pole in the right-of-way but outside the utility corridor in which the small wireless facility is collocated.

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(L. 2018 H.B. 1991)

Effective 1-01-19

Expires 1-01-21