(A) Public power supplier poles. A public power supplier shall not be required to allow the collocation of small wireless facilities on utility poles owned, operated or managed by a public power supplier except pursuant to a negotiated pole attachment agreement containing reasonable and nondiscriminatory terms and conditions, including, but not limited to, applicable rates and the permit, operational and safety requirements of the public power supplier. The municipality is a public power supplier.
(B) Annual rate for collocation on public power supplier poles. The annual pole attachment rate for the collocation of a small wireless facility supported by or installed on a utility pole owned, operated or managed by a public power supplier shall be fair, reasonable, nondiscriminatory, cost-based and set by the board of such public power supplier in accordance with Neb. RS 70-655.
(C) Placement. This article only applies to the deployment of small wireless facilities in the right-of-way with the exception that the application fees provided in the FCC’s Declaratory Ruling and Third Report and Order released September 27, 2018, apply to small wireless facilities in and outside of the right-of-way.
(Ord. 909, passed 9-3-2019)