ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: COM DP 6-4-0-0

HB 2108: telecommunications; public highways; use; fees

Sponsor:  Representative Weninger, LD 17

Caucus & COW

Overview

Proscribes the requirement of an annual fee for telecommunications corporations.

History

Pursuant to A.R.S. § 9-583, a political subdivision may require a telecommunications corporation to pay an annual fee based on the number of linear feet of trench in the public highways in which the telecommunications corporation has placed facilities that carry interstate traffic between and among the telecommunications corporation’s interstate points of presence exclusive of facilities used by the local network and the portion of the interstate network that carries intrastate calls.

When calculating the annual fee, the rate per linear foot cannot exceed the highest rate per linear foot that the political subdivision charged any licensee or franchisee prior to January 1992. The rate cannot be increased in any calendar year by more than the increase in the average consumer price index as published in the United States Department of Labor, Bureau of Labor Statistics.

A small wireless facility is a wireless facility that meets both of the following qualifications:

1)    All antennas are located inside an enclosure of not more than 6 cubic feet in volume or, if an antenna has exposed elements, all of those elements could fit within an imaginary enclosure of the same dimensions; and

2)    All other wireless equipment associated with the facility is cumulatively not more than 28 cubic feet in volume, or 50 cubic feet in volume if the equipment was ground mounted before August 9, 2017. (A.R.S. § 9-591).

Provisions

1.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProhibits a political subdivision from requiring a telecommunications corporation to pay an annual fee for underground facilities that are used for a small wireless facility. (Sec. 1)

2.    Makes technical changes. (Sec. 1)

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6.                      HB 2108

7.    Initials PRB           Page 0 Caucus & COW

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