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 23-17-509 - Collocation on authority poles

(a)
This section applies to activities of a wireless provider collocating small wireless facilities on authority poles in the authority's right-of-way or in a right-of-way controlled by the Arkansas Department of Transportation located within an authority.
(b)
(1)
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 the poles.
(2)
A person who purchases or otherwise acquires an authority pole is subject to the requirements of this section.
(c)
An authority shall allow the collocation of small wireless facilities on authority poles on nondiscriminatory terms and conditions using the process in §
23-17-510
.
(d)
The rate to collocate on authority poles is provided in §
23-17-511
.
(e)
(1)
(A)
As part of an application to collocate a small wireless facility on an authority pole, the wireless provider shall submit make-ready design drawings and work descriptions that enable the pole to support the requested collocation by the wireless provider, including pole replacement if necessary.
(B)
An authority may amend the make-ready design drawings and work to comply with applicable codes before the issuance of a permit to the extent reasonably necessary.
(2)
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 this subchapter.
(3)
The authority shall not require more make-ready work than required to meet applicable codes or industry standards nor may the fees for make-ready work include costs related to preexisting or prior damage or noncompliance.
(4)
(A)
An authority may require replacement of an authority pole only if the collocation would make the authority pole structurally unsound.
(B)
The authority may require that the replaced authority pole have the same functionality as the pole being replaced.
(C)
If the authority pole is replaced, the authority shall take ownership of the new pole and operate authority fixtures on the pole.
(5)
(A)
Make-ready fees charged by an authority may include the amount the authority pays a professional engineer registered in Arkansas to review the wireless provider's make-ready work plans.
(B)
Fees for make-ready work shall not include any revenue or contingency-based consultant's fees or expenses of any kind.
(6)
Within sixty (60) days of the receipt of the application filed to collocate on an authority pole, the authority shall elect to:
(A)
Perform the make-ready work necessary to enable the pole to support the requested collocation by a wireless provider and provide a good-faith estimate for the work, including pole replacement, if necessary; or
(B)
Authorize the wireless provider to perform the make-ready work.
(7)
(A)
The authority shall complete make-ready work it elects to perform, including any pole replacement, within sixty (60) days of written acceptance of the good-faith estimate of the applicant.
(B)
If the authority electing to perform the make-ready work has not completed the work within sixty (60) days after the written acceptance and deposit of the good-faith estimate by the applicant, the applicant may demand a return of any deposited funds and proceed with the make-ready work as described in subdivision (e)(1)(A) of this section, using authorized, qualified contractors approved by the authority with the authorization not to be unreasonably withheld, conditioned, or delayed.
(f)
(1)
An authority may reserve space on an authority pole for future public safety or transportation uses in a documented and approved plan in place at the time an application is filed.
(2)
A reservation of space shall not preclude placement of a pole or collocation of a small wireless facility.
(3)
If replacement of the authority's pole is necessary to accommodate the collocation of the small wireless facility and future use, the wireless provider shall pay for the replacement of the authority pole, and the replaced pole shall accommodate future use.
Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.
Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.