§ 37-17-6 — Chapter Inapplicable to Certain Entities

(a) This chapter does not apply to any poles or structures owned by an electric provider, whether used for lighting, distribution, transmission, or otherwise. This chapter also does not apply to the equipment, easements, or business activities of any of the following:
(1) A utility, as defined under Section 37-4-1.
(2) Any board or public corporation incorporated or organized for the acquisition or operation of an electric distribution system under Chapter 50 of Title 11, including, but not limited to, Sections 11-50-490 through 11-50-506, and any city or town that shall have established and is operating a system for the distribution of electric power and energy pursuant to Article 1 of Chapter 50 of Title 11.
(3) An electric cooperative incorporated or organized under Chapter 6.
(4) An electric membership corporation incorporated or organized under Chapter 7.
(5) The parents, affiliates, or subsidiaries of any of the entities described in this section, provided they are not acting as a wireless provider.
(b) Nothing in this chapter shall affect or alter, or be construed to affect or alter, the terms of any pole attachment agreement entered into between or among a wireless provider and an electric provider.
(c) When a wireless provider collocates, installs, or mounts a small wireless facility pursuant to a pole attachment agreement with an electric provider, an authority may only restrict the wireless provider’s access to the right-of-way as described in Section 37-17-2. In such a situation, the authority shall comply with the application process set forth in Section 37-17-3, and any fees and rates paid to the authority by the wireless provider are subject to the limits set forth in Section 37-17-5.

Legislative History

(Act 2021-5, §6.)