This chapter does not authorize the collocation of small cell facilities on any privately owned utility pole, wireless support structure, or other private property without the consent of the owner of the utility pole, wireless support structure, or property, as applicable.
(A) This chapter does not affect the duty of an entity that seeks to place a small cell facility on a utility pole or wireless support structure owned, controlled, or operated by a public utility to obtain from the public utility any necessary authority to place the small cell facility on the utility pole or wireless support structure.
(B) This chapter does not affect the authority of a public utility that owns, controls, or operates a utility pole or a wireless support structure to:
(1) Deny, limit, or restrict; or
(2) Determine the rates, fees, terms, and conditions for the use of or attachment to the utility pole or wireless support structure, consistent with federal law and any applicable decisions of or rules promulgated by the Federal Communications Commission.
(Ord. 2019-G-23, passed 10-1-19)