PocketLaw | Georgia Code | Administrative Review; Public Availability

Administrative Review; Public Availability of Accepted Applications; Requirements for Application; Exception to Permitting Requirements; Changes to Application Information; Exclusive Arrangements Prohibited; Neutrality; Location Within Right of Way

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A wireless provider may collocate small wireless facilities on authority poles and decorative poles in the right of way, subject to administrative review only and the issuance of a permit as set forth in this Code section. Subject to administrative review only and the issuance of a permit as set forth in this Code section, a wireless provider may occupy the right of way for the following uses, provided that such uses shall be in accordance with applicable provisions of this chapter, including without limitation, those set forth in Code Section 36-66C-9:
1. Collocation of a small wireless facility on or adjacent to a pole or a support structure that does not exceed the limitations set forth in paragraph (3) of subsection (h) of Code Section 36-66C-7 or on or adjacent to a decorative pole in compliance with Code Section 36-66C-12; and
2. Installation, modification, or replacement of a pole or a decorative pole for collocation of a small wireless facility that does not exceed the limitations set forth in paragraphs (1) and (2) of subsection (h) of Code Section 36-66C-7.
No wireless provider shall collocate any small wireless facility in the right of way or install, modify, or replace a pole or decorative pole for collocation of a small wireless facility in the right of way without first filing an application and obtaining a permit therefor, except as otherwise expressly provided in subsection (e) of this Code section. Any failure to comply with this subsection by a wireless provider shall allow the applicable authority, at the sole discretion of the authority, to restore the right of way, to the extent practicable in the reasonable judgment of the authority, to its condition prior to the unpermitted collocation or installation and to charge the responsible wireless provider its reasonable, documented cost of doing so, plus a penalty not to exceed $1,000.00. The authority may suspend the ability of the wireless provider to receive any new permits from the authority until the wireless provider has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the authority shall not suspend such ability of any applicant that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.
The authority shall make accepted applications publicly available; provided, however, that an applicant may designate portions of its application materials that it reasonably believes contain trade secrets by following the procedures set forth in paragraph (34) of subsection (a) of Code Section 50-18-72.
The application shall be made by the applicable wireless provider or its duly authorized representative and shall contain the following:
1. The applicant's name, address, telephone number, and email address, including emergency contact information for the applicant;
2. The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application;
3. A general description of the proposed work and the purposes and intent of the proposed facility. The scope and detail of such description shall be appropriate to the nature and character of the physical work to be performed, with special emphasis on those matters likely to be affected or impacted by the physical work proposed;
4. Detailed construction drawings regarding the proposed use of the right of way;
5. To the extent the proposed facility involves collocation on a pole, decorative pole, or support structure, a structural report performed by a duly licensed engineer evidencing that the pole, decorative pole, or support structure will structurally support the collocation, or that the pole, decorative pole, or support structure may and will be modified to meet structural requirements, in accordance with applicable codes;
6. For any new aboveground facilities, visual depictions or representations if such are not included in the construction drawings;
7. Information indicating the horizontal and approximate vertical location, relative to the boundaries of the right of way, of the small wireless facility for which the application is being submitted;
8. If the application is for the installation of a pole or replacement of a decorative pole, a certification that complies with subsection (k) of this Code section;
9. If the small wireless facility will be collocated on a pole or support structure owned by a third party, other than an authority pole or a decorative pole, a certification that the wireless provider has permission from the owner to collocate on the pole or support structure; and
10. If the applicant is not a wireless services provider, a certification that a wireless services provider has requested in writing that the applicant collocate the small wireless facilities or install, modify, or replace the pole or decorative pole at the requested location.
An application shall not be required for the following activities, provided that a wireless provider may be required to obtain permits for such activities, such as electrical permits or street opening permits, if otherwise required by generally applicable law:
1. With respect to a pole or decorative pole on which a small wireless facility is collocated, inspections, testing, repairs, and modifications that maintain functional capacity and aesthetic and structural integrity, provided that modifications are limited by the structural load analysis supplied by the applicant in its prior application to the authority; and
2. With respect to a small wireless facility, inspections, testing, or repairs that maintain functional capacity or the replacement or upgrade of antennas or other components of the small wireless facility such as a swap out or addition of antennas and radio equipment as required by the applicant, with antennas and other components that are substantially similar in color, aggregate size, and other aesthetics to that previously permitted by the authority and consistent with the height and volume limits for small wireless facilities under this chapter, so long as the pole, decorative pole, or support structure will structurally support, or prior to installation will be modified to support, the structural load in accordance with the structural load analysis supplied by the applicant in its prior application to the authority.
An authority shall not require a wireless provider to obtain a permit or any other approval or require fees or rates for the installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables that are strung between poles or support structures in the right of way in compliance with applicable codes; provided, however, that an authority may require a wireless provider to obtain permits for any additional activities such as electrical work, excavation, or closure of sidewalks or vehicular lanes within the right of way if otherwise required by generally applicable law. Such permits shall be issued on a nondiscriminatory basis upon terms and conditions applied to any other person's similar activities in the right of way.
Any material change to information contained in an application shall be submitted in writing to the authority within 30 days after the events necessitating the change.
Unless otherwise provided by applicable law, all applications pursuant to this chapter shall be accompanied by the fees required under Code Sections 36-66C-4 and 36-66C-5.
An authority shall not enter into an exclusive arrangement with any person for use of the right of way for the collocation of small wireless facilities or the installation, operation, marketing, modification, maintenance, or replacement of poles or for the right to attach to authority poles. A person that purchases or otherwise acquires an authority pole is subject to the requirements of this subsection.
The authority, in the exercise of its administration and regulation of the management of the right of way, shall be competitively neutral and nondiscriminatory with regard to other users of the right of way.
A wireless provider shall not apply to install a pole or replace a decorative pole unless it has determined after diligent investigation that it cannot meet the service objectives of the permit by collocating on an existing pole or support structure on which:
1. The wireless provider has the right to collocate subject to reasonable terms and conditions; and
2. Such collocation would not impose technical limitations or significant additional costs. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and shall provide a written summary of the basis for such determination.
Requests for installation, modification, or replacement of a support structure are not eligible for administrative review as set forth in this Code section.
An application that is subject to administrative review shall be approved except as provided in subsection (j) of Code Section 36-66C-7.
The provisions of this chapter concerning the collocation of small wireless facilities on poles and the installation, modification, and replacement of poles by wireless providers apply only to poles that are lawfully located or are to be lawfully located within the right of way. An authority has the burden of establishing that an existing pole's location within the right of way is not lawful.

(Code 1981, §36-66C-6, enacted by Ga. L. 2019, p. 236, § 1/SB 66.)

Editor's notes.

- For information as to the effective date of this Code section, see the effective date note at the beginning of this chapter.

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