A. This section shall govern an authority's rates and fees for the placement of a wireless facility, wireless support structure or utility pole.

B. An authority may not require a wireless provider to pay any rates, fees or compensation to the authority or other person other than what is expressly authorized by this act for the right to use or occupy a right-of-way, for collocation of small wireless facilities on utility poles in the right-of-way or for the installation, maintenance, modification, operation and replacement of utility poles in the right-of-way.

C. Application fees shall be subject to the following requirements:

1. An authority may charge an application fee only if such fee is required for similar types of commercial development or construction within the authority's jurisdiction;

2. An application fee may not include:

a.travel expenses incurred by a third party in its review of an application, or

b.direct payment or reimbursement of third-party rates or fees charged on a contingency basis or a result-based arrangement;

3. An application fee for a collocation shall be limited to the cost of granting a permit for similar types of commercial development or construction within the authority's jurisdiction. The application and permit fees for collocation of small wireless facilities on an existing or replacement authority pole shall not exceed Two Hundred Dollars ($200.00) each for the first five small wireless facilities on the same application and One Hundred Dollars ($100.00) for each additional small wireless facility on the same application; and

4. The application and permit fees for the installation, modification or replacement of a utility pole and the collocation of an associated small wireless facility that are permitted uses in accordance with the specifications in subsection D of Section 3 of this act shall not exceed Three Hundred Fifty Dollars ($350.00) per pole for access to the right-of-way.

D. The rate for occupancy of the right-of-way shall not exceed Twenty Dollars ($20.00) per year per small wireless facility.

E. The rates to collocate on authority poles in the right-of-way shall not exceed Twenty Dollars ($20.00) per authority pole per year.

F. There shall be no rate charged for the installation, placement, maintenance, operation or replacement of micro wireless facilities that are strung on cables between existing utility poles, in compliance with the National Electrical Safety Code.

G. Rates provided in this section do not include any applicable charges for electric power. A wireless provider must pay separately for such services.

H. An authority may adjust the fees and rates it adopts under this section ten percent (10%) every five (5) years rounded to the nearest dollar.

Added by Laws 2018, c. 140, § 6, eff. Nov. 1, 2018.