Rhode Island General Laws 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.
History of Section.
P.L. 2017, ch. 309, § 2; P.L. 2017, ch. 331, § 2.
Terms Used In Rhode Island General Laws 39-32-3
- Authority: means a city, town, or any other state or municipal government subdivision, agency, or entity that is authorized by law to regulate or control the use of the public rights-of-way or the construction or installation of poles or wireless facilities or that owns or controls property suitable for collocating small wireless facilities. See Rhode Island General Laws 39-32-1
- Authority pole: means a pole owned or controlled by an authority and includes metal, composite, concrete, or wood poles, as well as decorative poles. See Rhode Island General Laws 39-32-1
- Collocate: means to install, mount, maintain, modify, operate, or replace wireless facilities on a pole, including an authority pole, or on a building, water tower, or other structure, including an authority structure. See Rhode Island General Laws 39-32-1
- Commission: means the public utilities commission. See Rhode Island General Laws 39-1-2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, corporation, limited-liability company, partnership, association, trust, or other entity or organization, including an authority. See Rhode Island General Laws 39-32-1
- Pole: means a utility pole, light pole, light standard, or similar structure that is used, in whole or in part, for telephone service, wireless service, cable television service, information service, electric service, lighting, traffic control, signage, or similar function. See Rhode Island General Laws 39-32-1
- Small wireless facility: means a wireless facility with an antenna of no more than six cubic feet (6 cu. See Rhode Island General Laws 39-32-1
- wireless facilities: includes small wireless facilities but does not include the structure or improvements on, under, or within which the equipment is collocated; wireline backhaul facilities; coaxial or fiber-optic cable that is between wireless support structures or poles; or coaxial or fiber-optic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna. See Rhode Island General Laws 39-32-1