Fees and rates

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  1. (a) This section shall govern an authority's rates and fees for use of authority poles and the placement of a small wireless facility or associated poles.

  2. (b) An authority shall not require a wireless provider to pay any rates, fees, or compensation to the authority or other person other than what is expressly authorized by this subchapter for the right to use or occupy a right-of-way, for collocation of small wireless facilities on or in structures in the right-of-way, or for the installation, maintenance, modification, and replacement of associated poles in the right-of-way.

  3. (c) Application fees for a permit shall be nondiscriminatory and shall not collectively exceed the following:

    1. (1) One hundred dollars ($100) for each small wireless facility; or

    2. (2) Two hundred fifty dollars ($250) for the installation, modification, or replacement of a pole together with the collocation of an associated small wireless facility in the right-of-way.

  4. (d)

    1. (1) Except as described in § 23-17-510(e), a wireless provider shall pay an authority compensation for use of the right-of-way, an annual rate of up to thirty dollars ($30.00) per small wireless facility.

    2. (2) A wireless provider shall pay an authority compensation for collocation of small wireless facilities on authority poles an annual rate of up to two hundred forty dollars ($240) for each authority pole.

  5. (e) A wireless provider is not required to pay an authority compensation for micro-wireless facilities that are suspended on cables strung between existing utility poles in the right-of-way as long as the wireless provider compensates the authority through other licenses or franchises held directly or through one (1) of the wireless provider's affiliates for the placement of the suspension cables in the right-of-way.

  6. (f) The rates under this section, together with a onetime application fee, shall be the total compensation that the wireless provider is required to pay the authority for the deployment of small wireless facilities in the right-of-way and any associated poles.


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