(A) Annual rate. The rate to collocate a small wireless facility on a municipality pole shall be $50 per year. This rate is in addition to reimbursement to the municipality for any expenses for make-ready work. The municipality reserves the right to require a pole attachment agreement to further define the terms and conditions of attachments to municipality poles. The rates specified in this section shall not apply to poles owned, or operated and accounted for as an asset of, a municipal electric utility.
(B) Make-ready. The rates, fees, terms, and conditions for make-ready work to collocate on a municipality pole must be nondiscriminatory, competitively neutral, commercially reasonable, and in compliance with this chapter.
(1) The municipality shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested collocation by a wireless provider, including pole replacement if necessary, within 60 days after receipt of a complete application. Alternatively, the municipality may require the wireless provider to perform the make-ready work and notify the wireless provider of such within the 60-day period. If the wireless provider or its contractor performs the make-ready work, the wireless provider shall indemnify the municipality for any negligence by the wireless provider or its contractor in the performance of such make-ready work and the work shall otherwise comply with applicable law.
(2) Make-ready work performed by or on behalf of the municipality, including any pole replacement, must be completed within 60 days of written acceptance of the good faith estimate by the applicant. The municipality may require replacement of the municipality pole only if it demonstrates that the collocation would make the municipality pole structurally unsound.
(3) The person owning, managing, or controlling the municipality pole must not require more make-ready work than required to meet applicable codes or industry standards. Fees assessed by or on behalf of a municipality for make-ready work, including any pole replacement, must not include costs related to preexisting or prior damage or noncompliance; exceed either actual costs or the amount charged to other communications service providers for similar work on similar types of municipality poles; or include any revenue or contingency-based consultant's fees or expenses of any kind.
(4) A wireless provider collocating on a municipality pole is responsible for reimbursing third parties for their actual and reasonable costs of any make-ready work reasonably required by the third party to accommodate the collocation.
(C) Municipal utilities excluded. Nothing in this section shall be construed to affect the authority of a municipal electric utility to deny, limit, restrict, or determine the rates, fees, terms, and conditions for the use of or attachment to a pole owned, or operated and accounted for as an asset of, a municipal electric utility.
(D) Non-exclusivity; non-discrimination. A person owning, managing, or controlling municipality poles in the ROW may not enter into an exclusive arrangement with any person for the right to attach to such poles. Subject to a municipality's ability to deny an application as set forth in this chapter, a municipality shall allow the collocation of small wireless facilities on municipality poles on nondiscriminatory terms and conditions in compliance with this chapter.
(Ord. 2021-018, passed 7-13-2021)