Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 5 - SMALL WIRELESS FACILITY DEPLOYMENT ACT (§§ 23-17-501 — 23-17-517) › Section 23-17-501 - Legislative findings and intent

(a)
The General Assembly finds that:
(1)
The deployment of small wireless facilities and other next-generation wireless and broadband network facilities is a matter of federal and statewide concern and interest;
(2)
Wireless and broadband products and services are a significant and continually growing part of the state's economy, and accordingly, encouraging the development of strong and robust wireless and broadband communications networks throughout the state is integral to the state's economic competitiveness;
(3)
Rapid deployment of small wireless facilities will serve numerous important statewide goals and the public policy of:
(A)
Meeting growing consumer demand for wireless data;
(B)
Increasing competitive options for communications services available to the state's residents; and
(C)
Promoting the ability of the state's citizens to communicate with other citizens and with their state and municipalities, and promoting public safety;
(4)
Small wireless facilities, including facilities commonly referred to as "small cells" and distributed antenna systems are often deployed most effectively in a public right-of-way;
(5)
To meet the key objectives of this subchapter and federal law, wireless service providers must have access to public rights-of-way and the ability to attach to infrastructure located in public rights-of-way to increase the density of the wireless service providers' networks and provide next-generation wireless services;
(6)
Rates and fees for the permitting and deployment of small wireless facilities in public rights-of-way and on authority infrastructure, including poles, throughout the state, consistent with federal law, is reasonable and will encourage the deployment of robust next-generation wireless and broadband networks for the benefit of citizens throughout the state;
(7)
The procedures, rates, and fees in this subchapter are:
(A)
Consistent with federal law and multiple ordinances adopted by municipalities throughout the state;
(B)
Fair and reasonable when viewed from the perspective of the state's citizens and the state's interest in having robust, reliable, and technologically advanced wireless and broadband networks; and
(C)
Reflective of a balancing of the interests of the wireless providers deploying new facilities and the interests of authorities in recovering their costs of managing access to the public rights-of-way and the attachment space provided on authority infrastructure in the public rights-of-way;
(8)
Municipalities are the custodians of public rights-of-way, and public property within the public rights-of-way, within the limits of their respective jurisdictions;
(9)
Municipalities may adopt ordinances and regulations governing the use, construction, development, and appearance of public and private property within their respective jurisdictions; and
(10)
Municipalities recognize the economic and social value of data connectivity and desire to encourage wireless infrastructure investment by providing a fair and predictable process for the deployment of small wireless facilities within the public rights-of-way in a manner that is:
(A)
Safe;
(B)
Compatible with and complementary to the provision of services by the municipality and others lawfully using the rights-of-way; and
(C)
Consistent with the aesthetic standards of the municipality.
(b)
It is the intent of the General Assembly that the operation of small wireless facilities is a matter of statewide concern and interest.
Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.
Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.