ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: COM DP 10-0-0-0

HB 2172: wireless providers; authority; applicability

Sponsor:  Representative Dunn, LD 13

Caucus & COW

Overview

Removes the exemption for qualifying Authorities from laws governing wireless providers use of right-of-way.

History

Laws 2017, Chapter 124 established regulations for wireless providers for the use of a right-of-way to construct, install, maintain or replace utility poles or monopoles or the collocation of a small wireless facility. The law prohibits an Authority from entering into an exclusive arrangement with a wireless provider for the construction, installation, maintenance or replacement of a utility poles or monopoles or their collocation. Any Authority located within 10 miles of the border of Mexico that is negotiating or has a contract in place by July 1, 2018 and that contract assists and supports national security objectives along the border is exempt from laws governing wireless providers use of a right-of-way (A.R.S. § 9-591 et al.).

A.R.S. § 9-591 defines an Authority as any city, town, special district or political subdivision of this state that is authorized to make legislative, quasi-judicial or administrative decisions concerning an application.

Provisions

1.   Removes the exemption for any Authority located within 10 miles of the border of Mexico, who was negotiating or in contract by July 1, 2018 that assists and supports national security objectives, from laws governing wireless providers use of right-of-way. (Sec. 1)☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

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5.                     HB 2172

6.   Initials PRB           Page 0 Caucus & COW

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