§ 39-32-3. Collocation of small wireless facilities on authority poles and authority structures.
An authority may require a person to obtain a building, electrical, or a public right-of-way
use or work permit to collocate small wireless facilities on authority poles or authority
structures, provided such permits are of general applicability and do not apply exclusively
to wireless facilities. An authority may not require a permit, other than a public
right-of-way work permit, for routine maintenance on a previously approved small wireless
facility or to replace a small wireless facility with a facility of substantially
similar or smaller size and weight. An authority shall accept an application for,
process, and issue a permit allowed under this chapter as follows:
(1) An authority shall receive applications for, and process and issue permits for, collocating
small wireless facilities on a nondiscriminatory basis and in substantially the same
manner as the permitting of other applicants within the jurisdiction of the authority.
An applicant for a collocation permit shall not be required to provide more information
to obtain a permit than communications service providers that are not wireless providers.
If consistent with the preceding sentence, an authority may require an application
to include information sufficient to determine whether the collocation meets applicable
building or electrical codes or, if applicable, standards for construction in the
right-of-way, provided such codes and standards are of general applicability.
(2) An authority may charge a fee to process an application to collocate a small wireless
facility. The fee shall be no greater than the reasonable, direct and actual costs
incurred by the authority to process the application, excluding any fees for review
of an application charged by third parties on a contingency basis or a result-based
arrangement, and further excluding any costs already recovered by existing fees, rates,
or taxes paid by a wireless provider. The application processing fee shall be no greater
than the application processing fee, if any, charged by the authority to persons seeking
to place a pole in the public way. Except as provided in § 39-32-5, an applicant shall not be required to pay any additional fees or charges, or perform
or provide any services not directly related to the collocation, in order to collocate
small wireless facilities.
(3) At its discretion, an applicant shall be allowed to file a consolidated application
and receive a single permit to collocate small wireless facilities at multiple locations
within the jurisdiction of the authority.
(4) An authority may not institute a moratorium on filing, receiving, or processing applications
or issuing permits or approvals for the collocation of small wireless facilities.
(5) All permits regarding the collocation of small wireless facilities shall be of unlimited
duration but initial construction shall be completed within one hundred eighty (180)
days after the permit issuance date, unless the authority and wireless provider agree
to extend this period or a delay is caused by a lack of commercial power at the site.
(6) Notwithstanding the provisions of § 39-32-2(c), a permit for a collocation within a historic district as defined in § 45-24.1-1.1 shall be subject to historic district commission review and approval, in accordance
with standards to be adopted by regulation or rule. The standards may include that
a collocation meet reasonable design, context, color, and stealth and concealment
requirements and make reasonable accommodation for location within the district. The
historic district commission may waive one or more standards upon a showing that the
standard(s) are not reasonably compatible with the particular location of a small
wireless facility, or that the standard(s) impose an excessive expense. The waiver
shall be granted or denied within forty-five (45) days after the date of the request
for waiver.
(7) A permit may require a collocation on an authority pole that is a decorative pole
to meet objective design standards, including that a collocation meet reasonable location,
context, color, and stealth and concealment requirements. Such standards shall be
adopted by ordinance, regulation, or rule. An authority may waive one or more standards
upon a showing that the standard(s) are not reasonably compatible with the particular
location of a small wireless facility, or that the standard(s) impose an excessive
expense. The waiver shall be granted or denied within forty-five (45) days after the
date of the request.