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 23-17-510 - Permits

(a)
(1)
This section applies to all permits required for the collocation of small wireless facilities and to the permitting of the installation, modification, and replacement of associated poles by a wireless provider that:
(A)
Is in an authority's right-of-way; or
(B)
Is in a right-of-way controlled by the Arkansas Department of Transportation located within the jurisdiction of an authority if the application is for collocation on an authority pole or if the authority has adopted aesthetic standards under §
23-17-508
.
(2)
A permit issued under subdivision (a)(1)(B) of this section remains subject to the rules of the department.
(b)
Except as provided in this subchapter, an authority shall not prohibit, regulate, or charge for the collocation of small wireless facilities or the installation, modification, or replacement of associated poles that may be permitted in this section.
(c)
An authority may require an applicant to obtain one (1) or more permits to collocate small wireless facilities or to install a new, modified, or replacement pole associated with a small wireless facility as provided in §§
23-17-505
-
23-17-507
, provided the permits are of general applicability and do not apply exclusively to small wireless facilities.
(d)
An authority shall receive and process applications subject to the following requirements:
(1)
An authority shall not directly or indirectly require an applicant to perform services or provide goods unrelated to the permit, such as in-kind contributions to the authority, including without limitation reserving fiber, conduit, or space on the applicant's pole for the authority;
(2)
An authority may require an applicant to submit the information and fees stated in subdivisions (d)(2)(A)-(J) of this section for a permit for a deployment in the authority's right-of-way or on an authority pole in the right-of-way controlled by the department located within an authority and may only require an applicant to submit the information and fees stated in subdivisions (d)(2)(A)-(C) of this section and subdivision (d)(2)(J) of this section for deployments of or on poles that are not owned by the authority located in the right-of-way controlled by the department located within an authority:
(A)
Identification of the applicant;
(B)
A map or description of the location of the facilities;
(C)
An illustration that shows the final appearance of the facilities;
(D)
Engineering drawings of the facilities to be installed, including required make-ready work to be performed;
(E)
Electrical load information;
(F)
Pole loading calculations;
(G)
Worker safety information related to small-wireless-facility installation;
(H)
Evidence of bonding, if required;
(I)
Evidence of insurance, if required; and
(J)
Required application fees;
(3)
An authority shall not require:
(A)
The collocation of small wireless facilities on any specific pole or category of poles or require multiple antenna facilities on a single pole;
(B)
The use of specific pole types or configurations when installing new or replacement poles; or
(C)
The underground placements of small wireless facilities that are, or are designated in an application, to be pole-mounted or ground-mounted;
(4)
An authority shall not limit the collocation of small wireless facilities by minimum horizontal separation distance requirements from existing small wireless facilities, poles, or wireless support structures;
(5)
The applicant shall attest that the small wireless facilities will be operational for use by a wireless service provider within one (1) year after the permit issuance date, unless the authority and the applicant agree to extend this period or delay is caused by lack of commercial power, communications, transportation facilities to the site, or any other factors outside of the applicant's control;
(6)
(A)
Within ten (10) days of receiving an application, an authority shall determine and notify the applicant in writing whether the application is complete.
(B)
If an application is incomplete, the authority shall specifically identify the missing information in writing.
(C)
The processing deadline in subdivision (d)(7) of this section shall restart at zero (0) on the date the applicant provides the missing information identified under subdivision (d)(6)(B) of this section to complete the application;
(7)
(A)
Applications shall be processed on a nondiscriminatory basis within:
(i)
Sixty (60) days of receipt of an application for the collocation of a small wireless facility; and
(ii)
Ninety (90) days for an application to install, modify, or replace a pole on which a small wireless facility is or will be collocated.
(B)
The processing deadline may be tolled by agreement of the applicant and the authority.
(C)
If an authority fails to act on a complete application within the applicable deadline, the application shall be deemed to be approved ten (10) days after written notice is provided by the applicant to the authority that the time period for acting on the application has lapsed;
(8)
An authority may deny a proposed collocation of a small wireless facility or the installation, modification, or replacement of a pole in its right-of-way that meets the requirements in §
23-17-506(a)
-(c) only if authorized under subdivision (d)(9) of this section or subdivision (d)(10) of this section or the proposed deployment:
(A)
Materially interferes with the safe operation of traffic control equipment;
(B)
Materially interferes with sight lines or clear zones for transportation or pedestrians;
(C)
Materially interferes with compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, or similar federal or state standards regarding pedestrian access or movement;
(D)
Fails to comply with applicable codes; or
(E)
Fails to comply with §
23-17-506(d) and (e)
and §
23-17-508
;
(9)
An authority may deny a proposed collocation of a small wireless facility on an authority pole in a right-of-way controlled by the department located within the authority that meets the requirements in §
23-17-506
only if the proposed collocation meets the criteria in subdivision (d)(8)(A) of this section or subdivision (d)(8)(D) of this section or fails to comply with aesthetic standards adopted in an ordinance under §
23-17-508
;
(10)
An authority may deny a proposed collocation of a small wireless facility or the installation, modification, or replacement of a pole in a right-of-way controlled by the department located within the authority that meets the requirements in §
23-17-506
only if the proposed deployment fails to comply with aesthetic standards adopted in an ordinance under §
23-17-508
;
(11)
(A)
The authority shall document the basis for a denial, including the specific code, rule, or statutory authority on which the denial is based, and send the documentation to the applicant on or before the day the authority denies an application.
(B)
The applicant may cure the deficiencies identified by the authority and resubmit the application within thirty (30) days of the denial without paying an additional application fee.
(C)
The authority shall approve or deny the revised application within thirty (30) days of resubmission and limit its review to the deficiencies cited in the denial;
(12)
(A)
(i)
An applicant seeking to collocate small wireless facilities within the jurisdiction of a single authority shall be allowed at the applicant's discretion to file a batched application for small wireless facilities and associated poles and receive a single permit for the collocation of multiple small wireless facilities and the placement of associated poles.
(ii)
However, the denial of one (1) or more small wireless facilities in a batched application shall not delay processing of any other small wireless facilities or poles in the same consolidated application.
(B)
Batched applications shall be collectively processed according to the procedures in this section.
(C)
A consolidated application that includes new pole deployments shall be subject to a ninety-day time frame for approval;
(13)
(A)
Installation or collocation for which a permit is granted under this section shall be completed within one (1) year after the permit issuance date unless the authority and the applicant agree to extend this period or a delay is caused by circumstances beyond the applicant's control.
(B)
Approval of an application authorizes the applicant to undertake the installation or collocation;
(14)
Subject to applicable relocation requirements and the applicant's right to terminate at any time, the applicant shall operate and maintain the small wireless facilities and any associated poles covered by the permit for a period of not less than ten (10) years, which shall be renewed for equivalent durations so long as the small wireless facilities comply with the criteria stated in subdivision (d)(8) of this section; and
(15)
An authority shall not institute, either expressly or de facto, a moratorium on:
(A)
Filing, receiving, or processing applications; or
(B)
Issuing permits or other approvals, if any, for the collocation of small wireless facilities or the installation, modification, or replacement of associated poles.
(e)
(1)
An authority shall not require an application for:
(A)
Routine maintenance;
(B)
The replacement of small wireless facilities with small wireless facilities that are substantially similar or the same size or smaller; or
(C)
The installation, placement, maintenance, operation, or replacement of a micro-wireless facility that is suspended on cables that are strung between existing poles and that complies with the applicable codes.
(2)
However, an authority may require a permit for work that requires excavation or closure of sidewalks or vehicular lanes within the right-of-way for the activities.
(3)
A permit shall be issued to the applicant on a nondiscriminatory basis upon terms and conditions applied to any other person's activities in the right-of-way that requires excavation, closing of sidewalks, or vehicular lanes.
Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.
Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.