§ 37-17-3 — Exemption from Zoning Review or Approval; Application Procedures; Permits

(a) Subject to the limitations established in this chapter, small wireless facilities and associated poles are not subject to zoning review or approval if they are located in the right-of-way under the control of an authority and otherwise comply with this chapter and a then-existing final order of the Federal Communications Commission.
(b) Within 10 days of receiving an application, an authority shall determine and notify the applicant in writing whether the application is complete. If the authority determines the application is incomplete, the authority shall specifically identify the missing information and specify the requirement creating the obligation to submit the missing documents or information in the written notice. If the written notice of incompleteness is provided within 10 days of receiving the application, the processing deadlines in subsection (c) shall restart at zero on the date the applicant submits all the documents and information identified by the authority to render the application complete.
(c) Applications shall be processed on a nondiscriminatory basis. Applications not requiring a written notice of incompleteness shall be approved or denied within the following: 60 days of receipt of an application involving collocation of a small wireless facility using an existing structure; and 90 days of receipt of an application involving deployment of a small wireless facility using a new or replacement pole. For those applications requiring a resubmittal following the delivery of a written notice of incompleteness, the time limitations for approval or denial established in this subsection shall begin on the first date after receipt of all the documents and information identified by the authority. The processing deadline may be tolled by agreement of the applicant and the authority. If an authority fails to act on an application within the review period provided for in this subsection, the applicant may provide the authority, by certified mail, a formal notice stating that unless the authority approves or denies the application within 20 days from receipt of the notice, the application and any associated permits will be deemed granted by operation of law on the twenty-first day from receipt of the notice.
(d) An authority shall approve an application if it complies with the authority’s requirements for deploying small wireless facilities and associated poles in the right-of-way that are written, generally applicable, and adopted in advance.
(e) An applicant seeking to collocate, mount, or install small wireless facilities or to install, modify, or replace an associated pole within the jurisdiction of a single authority may file a consolidated application for small wireless facilities and associated poles, provided that the consolidated application shall be for a geographic area no more than two miles in diameter. The approval of the consolidated application shall apply to the collocation, mounting, or installation of the multiple small wireless facilities or associated poles. The denial of one or more single small wireless facilities or associated poles that are part of a consolidated application may not constitute a reason for denying the remaining small wireless facilities or associated poles included in the consolidated application. A consolidated application that includes a request to install, modify, or replace a pole shall be processed in accordance with the procedures and shall be subject to the 90-day review period established in this chapter.
(f) An authority may not require an application or any other approval or charge fees or rates for any of the following that are in compliance with any applicable codes:
(1) Routine maintenance conducted on small wireless facilities by the holder of an approved application for the small wireless facilities, provided the right-of-way is restored to the pre-maintenance condition.
(2) The replacement of small wireless facilities that are operated by the holder of an approved application for the small wireless facilities, are substantially similar or the same size or smaller, and still qualify as a small wireless facility.
(3) The deployment, installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables that are strung between existing poles by an entity with a franchise agreement or other valid authorization which allows the entity to deploy communications facilities in the rights-of-way.
(g) Notwithstanding subsection (f), the deployment of a micro wireless facility that requires the installation, placement, or replacement of any ground-mounted facilities in the right-of-way shall be subject to any applicable authority permitting processes.
(h) Notwithstanding subsection (f), an authority may require a permit for work that requires excavation or the closure of sidewalks or vehicular lanes or that otherwise hinders the usual travel or public safety on the right-of-way or adjacent roads and bridges or obstructs the legal use of the right-of-way by utilities. The permit shall be issued to the applicant on a non-discriminatory basis upon terms and conditions applied to any other person’s activities in the right-of-way that require excavation or the closure of sidewalks or vehicular lanes.
(i) In the event of any action under subsection (f), the roads, bridges, and rights-of-way, to the extent practicable in the reasonable judgment of the authority, shall be restored to the condition prior to the action conducted by the entity.
(j)(1) As part of the application process, an authority may require a small wireless facility to be fully operational within 360 days after the date the last or final permit is issued, subject to the availability of wireline backhaul, electric power, or other matters beyond the control of the applicant. The authority and the applicant may agree to extend the period.
(2) If a small wireless facility is not operational in the time established under subdivision (1), the authority, after providing 20-day prior written notice and reasonable opportunity to cure, may do either or both of the following:
a. Cancel the authority’s approval of the small wireless facility or any associated new pole.
b. Cause the removal of the small wireless facility or any associated new pole by the wireless provider at the wireless provider’s sole expense and in a time the authority specifies after providing prior written notice to the wireless provider.

Legislative History

(Act 2021-5, §3.)