§ 39-32-2. Regulation of small wireless facilities.
(a) A wireless service provider authorized to do business in this state or a contractor
acting on its behalf may collocate small wireless facilities within, along, across,
upon, and under any public right-of-way in this state, including state highways and
freeways, and may construct conduit, cables, and facilities between such small wireless
facility and other equipment or services located on or adjacent to the supporting
pole or other structure, subject to the provisions of this chapter.
(b) Except as provided in this chapter, an authority shall not prohi
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§ 39-32-2. Regulation of small wireless facilities.
(a) A wireless service provider authorized to do business in this state or a contractor
acting on its behalf may collocate small wireless facilities within, along, across,
upon, and under any public right-of-way in this state, including state highways and
freeways, and may construct conduit, cables, and facilities between such small wireless
facility and other equipment or services located on or adjacent to the supporting
pole or other structure, subject to the provisions of this chapter.
(b) Except as provided in this chapter, an authority shall not prohibit, regulate, or
charge for the collocation of small wireless facilities.
(c) Small wireless facilities shall be classified as permitted uses in all zoning districts
and shall not be subject to zoning review or approval.
(d) Nothing in this chapter shall be construed to authorize a person to collocate a small
wireless facility on a privately owned pole, structure, or other private property
without the consent of the property owner.
(e) All agreements between authorities and wireless service providers that are in effect
on the effective date of this chapter [September 27, 2017] and that relate to the
collocation of small wireless facilities in the public right-of-way or on authority
poles or structures shall remain in effect, subject to any termination provisions
in such agreements. Notwithstanding the foregoing, at the election of a wireless service
provider, the rates, fees, terms, and conditions established pursuant to this chapter
shall apply to small wireless facilities that are the subject of an application submitted
after the effective date of this chapter.