House Engrossed

antenna use; private property

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

CHAPTER 307

HOUSE BILL 2711

AN ACT

amending title 9, chapter 5, article 8, arizona revised statutes, by adding section 9-600; relating to public utilities.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Heading change

The article heading of title 9, chapter 5, article 8, Arizona Revised Statutes, is changed from "USE OF PUBLIC HIGHWAYS BY WIRELESS PROVIDERS" to "USE OF PUBLIC HIGHWAYS AND PRIVATE PROPERTY BY WIRELESS PROVIDERS".

Sec. 2. Title 9, chapter 5, article 8, Arizona Revised Statutes, is amended by adding section 9-600, to read:

START_STATUTE9-600. Antenna use; private property; applicability

A. if an antenna is installed on property within the exclusive use or control of the antenna user whether the user has a direct or indirect ownership or leasehold interest in the property, an authority may not:

1. unreasonably delay or prevent installation, maintenance or use of the antenna.

2. unreasonably increase the cost of installation, maintenance or use of the antenna.

3. prevent reception of acceptable signal quality.

B. this section applies to antennas that are not larger than one meter in diameter and installed on private property AND are DESIGNED TO RECEIVE VIDEO PROGRAMMING SERVICES VIA BROADBAND RADIO SERVICE OR TO RECEIVE OR TRANSMIT WIRELESS SIGNALS OTHER THAN VIA SATELLITE.

C. THIS SECTION DOES NOT APPLY TO ANTENNAS USED TO TRANSMIT SIGNALS TO AND OR RECEIVE SIGNALS FROM MULTIPLE CUSTOMER LOCATIONS. END_STATUTE

APPROVED BY THE GOVERNOR MAY 3, 2021.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 3, 2021.