Effective - 01 Jan 2019
67.5116. Rates and fees. — 1. This section shall govern the rate to collocate small wireless facilities and an authority's rates and fees for the placement of utility poles, but shall not limit an authority's ability to recover specific removal costs from the attaching wireless provider for abandoned structures. The rates to collocate on authority poles shall be nondiscriminatory regardless of the services provided by the collocating applicant.
2. 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 sections 67.5110 to 67.5121 for the use and occupancy of a right-of-way, for collocation of small wireless facilities on utility poles in the right-of-way, or for the installation, maintenance, modification, operation, and replacement of utility poles in the right-of-way.
3. Application fees shall be subject to the following requirements:
(1) Application fees shall be based on actual, direct, and reasonable administrative costs incurred for the review, processing, and approval of an application for the placement of a small wireless facility or the installation or replacement of a utility pole. Any such costs already recovered by existing fees, rates, licenses, or taxes paid by a wireless services provider shall not be included in the application fee;
(2) An application fee shall not include travel expenses incurred by a third party in its review of an application, or direct payment or reimbursement of third-party rates or fees charged on a contingency basis or a result-based arrangement;
(3) The total fee for any application under subsection 3 of section 67.5113 for collocation of small wireless facilities on existing authority poles shall not exceed one hundred dollars per small wireless facility. An applicant filing a consolidated application under subdivision (11) of subsection 3 of section 67.5113 shall pay one hundred dollars per small wireless facility included in the consolidated application; and
(4) The total application fees for the installation, modification, or replacement of a utility pole and the collocation of an associated small wireless facility shall not exceed five hundred dollars per pole.
4. (1) The rate for collocation of a small wireless facility to an authority pole shall not exceed one hundred fifty dollars per authority pole per year.
(2) An authority shall not charge a wireless provider any fee, tax other than a tax authorized by subdivision (3) of this subsection, or other charge, or require any other form of payment or compensation, to locate a wireless facility or wireless support structure on privately owned property, or on a wireless support structure not owned by the authority.
(3) No authority shall demand any fees, rentals, licenses, charges, payments, or assessments from any applicant or wireless provider for, or in any way relating to or arising from, the construction, deployment, installation, mounting, modification, operation, use, replacement, maintenance, or repair of small wireless facilities or utility poles, except for the following:
(a) As otherwise expressly provided in sections 67.5110 to 67.5121;
(b) Applicable personal property and sales taxes or generally applicable fees for encroachment or electrical permits;
(c) Applicable fair and reasonable linear foot fees as provided in subsection 1 of section 67.1846 associated with coaxial or fiber-optic cable in the right-of-way that is:
a. Between wireless support structures or utility poles;
b. Not directly associated with a particular small wireless facility; or
c. A wireline backhaul facility.
No authority shall require a wireless provider to pay a linear-foot fee for coaxial or fiber-optic cable in the right-of-way associated with a small wireless facility if the owner of such coaxial or fiber-optic cable in the right-of-way already is assessed and charged such a linear-foot fee; and
(d) Right-of-way permit fees established under section 67.1840 for the recovery of actual, substantiated right-of-way management costs or as otherwise authorized under section 229.340.
Right-of-way permit fees imposed on applicants and wireless providers shall be competitively neutral with regard to all other users of the right-of-way; shall not be in the form of a franchise fee or tax or other fee based on noncost-related factors such as revenue, sales, profits, lines, subscriptions, or customer counts; and shall not result in double recovery where existing charges already recover the direct and actual costs of managing the right-of-way. This paragraph prohibits the imposition of business license taxes, business license fees, or gross receipts taxes on wireless providers, whether based on gross receipts or other factors, except that this subdivision allows the imposition of such taxes and fees consistent with subsection 2 of section 67.1846 that are also imposed on wireline telecommunications businesses operating within the jurisdiction of the authority, or as mutually agreed to by the authority and the wireless provider.
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(L. 2018 H.B. 1991)
Effective 1-01-19
Expires 1-01-25