A. Annual Rate for Use of Right-of-Way. The City may charge a wireless provider for the provider’s use of the right-of-way in constructing, installing, maintaining, modifying, operating or replacing a utility pole or in collocating a small wireless facility in the right-of-way an annual rate of two hundred fifty dollars ($250) for each small wireless facility placed by the wireless provider in the City’s right-of-way. The payment is due, in advance, for each calendar year on the 1st day of January. The initial charge for a partial year is prorated based on the number of days the small wireless facility is installed on a pole located in the City’s right-of-way.
B. Annual Rate Increase for Use of Right-of-Way. The City may adjust the annual rate, but no more often than once a year and by no more than an amount equal to one-half the annual change, if any, in the most recent Consumer Price Index for all urban consumers for New Mexico, as published by the United States Department of Labor. The City shall notify all wireless providers charged the pre-adjusted rate of the prospective adjustment and shall make the adjustment effective sixty (60) days or more following that notice.
C. Annual Rate for Use of City Utility Poles. The rate for collocation of a small wireless facility on a City utility pole in the right-of-way shall be twenty dollars ($20) per year. The payment is due, in advance, for each calendar year on the 1st day of January. There is no charge for the initial partial year that the small wireless facility is located on a City utility pole.
D. Annual Rate for Other City-owned Support Structures. The annual rate for placement of a small wireless facility on a City-owned support structure other than a utility pole will be determined on a case-by-case basis.
E. Temporary Small Wireless Facilities. Notwithstanding any other provision of this Chapter, the City may not require an applicant or provider to submit an application or pay a rate for temporary small wireless facilities, DAS or communications facilities placed for a period of not more than:
1. Twenty-one (21) days for temporary uses related to special events;
2. Ninety (90) days for temporary uses related to repair facilities; or
3. Not more than ninety (90) days at any location within the City after declaration of an emergency or a disaster by the Governor of New Mexico. (Ord. C2021-5, 8-24-2021)