Construction and Application of Chapter.

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Section 37-17-10

Construction and application of chapter.

(a) Nothing in this chapter shall be interpreted to allow any entity to provide communications services without compliance with all laws applicable to communications service providers. Nor shall this chapter be interpreted to authorize the collocation, installation, placement, maintenance, or operation of any communications facility, including a wireline backhaul facility, in the rights-of-way, other than a small wireless facility or associated pole.

(b) Except as it relates to small wireless facilities subject to the permit and fee requirements established pursuant to this chapter, and except as it relates to any activities of an electric provider, and except as it relates to regulations or requirements on communications service specifically established by the constitution or by state law, local law enacted by the Legislature, or federal law, an authority may not otherwise adopt or enforce regulations or requirements on the placement, operation, or maintenance of communications facilities by a communications service provider authorized to be in the rights-of-way; or otherwise impose or collect any additional or separate tax, fee, or charge for any service existing on July 1, 2021, or for the provision of additional communications services provided by a communications service provider that is authorized to be in the rights-of-way.

(Act 2021-5, §10.)


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