(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 city 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 section 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, being 33 FCC Rcd 9088 (14), apply to small wireless facilities in and outside of the right-of-way.
(Ord. 736, passed 9-3-2019)