86-1244. Public power supplier; negotiated pole attachment agreement; annual pole attachment rate; applicability of act.
(1) A public power supplier shall not be required to allow the collocation of small wireless facilities on utility poles owned, operated, or managed by a public power supplier except pursuant to a negotiated pole attachment agreement containing reasonable and nondiscriminatory terms and conditions, including, but not limited to, applicable rates, and the permit, operational, and safety requirements of the public power supplier.
(2) The annual pole attachment rate for the collocation of a small wireless facility supported by or installed on a utility pole owned, operated, or managed by a public power supplier shall be fair, reasonable, nondiscriminatory, cost-based, and set by the board of such public power supplier in accordance with section 70-655.
(3) Except for the findings and declarations set forth in section 86-1202, the definitions set forth in sections 86-1204 to 86-1235, and subsections (1) and (2) of this section, the Small Wireless Facilities Deployment Act shall not apply to public power suppliers or to the collocation of small wireless facilities on utility poles owned, operated, or managed by a public power supplier.
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