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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
wireless providers; authority; applicability
Purpose
Removes the exemption of an authority that meets outlined criteria from regulations on the use of a right-of-way by a wireless provider.
Background
In 2017, the Legislature adopted regulations for the use of a right-of-way by a wireless provider to install, modify or replace a utility pole or wireless support structure or collocate small wireless facilities within the jurisdiction of an authority. An authority and a wireless provider are subject to certain requirements relating to right-of-way access, application processes, contract terms and rates and fees. An authority is a city, town, special district or political subdivision of Arizona with jurisdiction over permit applications relating to utility poles, wireless support structures or small wireless facility collocation.
Regulations on the use of a right-of-way by a wireless provider do not apply to an authority within 10 miles of the Mexico border that is negotiating a contract or has a contract by July 1, 2018, that assists and supports national security objectives along the U.S.-Mexico border (Laws 2017, Ch. 124; A.R.S. Title 9, Chapter 5, Article 8).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Removes the exemption from regulations on the use of a right-of-way by a wireless provider for an authority that is:
a) within 10 miles of the Mexico border; and
b) negotiating or has a contract by July 1, 2018, that assists and supports national security objectives along the U.S.-Mexico border.
2. Becomes effective on the general effective date.
House Action
COM 1/26/21 DP 10-0-0-0
3rd Read 2/4/21 59-0-0-0-1
Prepared by Senate Research
March 1, 2021
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