The construction, placement, or use of small cell facilities on a utility pole owned or controlled by the town is subject to the following.
(A) The rental fee for the construction, placement, or use of small cell facilities on the utility pole owned or controlled by the town shall be $50 per utility pole per year.
(B) For a utility pole used to provide communications service or electric service, the parties to the construction, placement, or use shall comply with the process for make ready work under 47 U.S.C. 224 and any associated implementing regulations. The good faith estimate of the town or other entity owning or controlling the utility pole with respect to any make ready work necessary to enable the utility pole to support the requested placement must include pole replacement if necessary.
(C) For a utility pole that does not support aerial facilities used to provide communications service or electric service, the town shall provide a good faith estimate for any make ready work necessary to enable the utility pole to support the requested construction, placement, or use, including pole replacement if necessary, not later than 60 days after the town's receipt of a complete application. Make ready work, including any pole replacement, shall be completed not later than 60 days after the applicant's written acceptance of the good faith estimate.
(D) The town shall not require more make ready work than required to meet applicable codes (as defined in IC 8-1-32.3-15(b)(3)) or industry standards. Fees for make ready work may not include costs related to preexisting or prior damage or to noncompliance. Fees for make ready work, including any utility pole replacement, may not:
(1) Exceed actual costs or the amount charged to communications service providers for similar work; or
(2) Include any consultants' fees or expenses.
(E) The town shall offer rates, fees, and other terms for the construction, placement, or use that comply with this chapter. Not later than three months after receiving the first application for the construction, placement, or use of a small wireless facility on a utility pole owned or controlled by the town; the town shall establish and make available, by ordinance or otherwise, the rates, fees, and terms that govern the construction, placement, or use of small cell facilities on utility poles owned or controlled by the town and that are in compliance with this chapter.
(Ord. 2019-G-23, passed 10-1-19)