(A) The municipality shall not require a wireless provider to pay any rate, fee, or compensation to the municipality or other person other than what is expressly authorized by Neb. RS 86-704 or, where applicable, Neb. RS 14-109, 15-203, 16-205 or 17-525, or the Act for the right to use or occupy a right-of-way for the collocation of small wireless facilities on wireless support structures or utility poles in the right-of-way or for the installation, maintenance, modification, operation and replacement of utility poles in the right-of-way.
(B) If the municipality charges occupation taxes under Neb. RS 86-704, it shall not charge a wireless services provider any additional amount for the use of a right-of-way. The municipality may charge a wireless provider that does not pay the municipality’s occupation tax under Neb. RS 86-704 either a rate of $250 for each small wireless facility each year, or a fee equal to the occupation tax charged by the municipality under Neb. RS 14-109, 15-203, 16-205 or 17-525.
(Ord. 1040, passed 12-9-2019)