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§ 36-510. Ordinance, resolution or standard agreement for rates, fees and other terms

Oklahoma Statutes AnnotatedTitle 11. Cities and TownsEffective: November 1, 2018

Oklahoma Statutes Annotated
Title 11. Cities and Towns (Refs & Annos)
Chapter 1. Municipal Code (Refs & Annos)
Municipal Departments and Services
Article XXXVI. Roads and Streets
Part 5. Wireless Facilities
Effective: November 1, 2018
11 Okl.St.Ann. § 36-510
§ 36-510. Ordinance, resolution or standard agreement for rates, fees and other terms
A. An authority may adopt an ordinance, resolution or standard agreement that makes available to wireless providers rates, fees and other terms that comply with this act.1
1. Subject to subsections B, C, D and E of this section, in the absence of an ordinance, resolution or standard agreement that fully complies with this act and until such a compliant ordinance, resolution or standard agreement is adopted, if at all, wireless providers may collocate small wireless facilities on wireless support structures and utility poles other than electric distribution poles and may install and operate utility poles under the requirements of this act.
2. Upon request, an authority shall enter into a pole attachment agreement with a wireless provider for the collocation of small wireless facilities on electric distribution poles. The rates, fees and terms of the pole attachment agreement shall be reasonable and nondiscriminatory and shall comply with this act. If the wireless provider and the authority are not able to reach agreement within ninety (90) days of the request for a pole attachment agreement, the authority shall make a best-and-final offer to the wireless provider within fifteen (15) days of the expiration of the ninety-day period. The best-and-final offer shall be in the form of a pole attachment agreement that is reasonable and nondiscriminatory, complies with this act and may be accepted and signed by the wireless provider. If the authority fails to make such a best-and-final offer within fifteen (15) days of the expiration of the ninety-day period, the wireless provider may collocate small wireless facilities on the authority's electric distribution poles under the requirements of this act until the authority makes such a best-and-final offer.
B. Agreements between an authority and a wireless provider for the deployment of small wireless facilities in the right-of-way under the terms of this act are public/private agreements.
C. An agreement, ordinance or resolution that does not fully comply with this act may apply only to small wireless facilities and utility poles that became operational or were installed before the effective date of this act. An agreement, ordinance or resolution that applies to small wireless facilities and utility poles that became operational or were constructed before the effective date of this act is invalid and unenforceable beginning on the one-hundred-eighty-first day after the effective date of this act unless it fully complies with this act. If an agreement, ordinance or resolution is invalid in accordance with this subsection, in the absence of an agreement, ordinance or resolution that fully complies with this act and until such a compliant agreement or ordinance is entered or adopted, small wireless facilities and utility poles that became operational or were constructed before the effective date of this act may remain installed and be operated under the requirements of this act.
D. An agreement, ordinance or resolution that applies to small wireless facilities and utility poles that become operational on or after the effective date of this act may not be enforced beginning on the effective date of this act unless it fully complies with this act. If an agreement, ordinance or resolution is invalid in accordance with this subsection, in the absence of an agreement, ordinance or resolution that fully complies with this act and until such a compliant agreement, ordinance or resolution is entered or adopted, small wireless facilities and utility poles may be installed and operated in the right-of-way or become operational under the requirements of this act.
E. Notwithstanding the requirements in subsections C and D of this section, a communications service provider that has executed an agreement with an authority relating to small wireless facilities and utility poles prior to the effective date of this act may choose to continue to be subject to the rates, terms and conditions of that agreement for up to five (5) years beyond the effective date of this act.2

Credits

Laws 2018, c. 140, § 10, eff. Nov. 1, 2018.

Footnotes

Title 11, § 36-501 et seq.
O.S.L.2018, c. 140, effective November 1, 2018.
11 Okl. St. Ann. § 36-510, OK ST T. 11 § 36-510
Current with legislation of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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