Rhode Island § 39-32-3 - Rhode Island Small Cell Siting Act

§ 39-32-3. Collocation of small wireless facilities on authority poles and authority structures.

An authority may require a person to obtain a building, electrical, or a public right-of-way use or work permit to collocate small wireless facilities on authority poles or authority structures, provided such permits are of general applicability and do not apply exclusively to wireless facilities. An authority may not require a permit, other than a public right-of-way work permit, for routine maintenance on a previously approved small wireless facility or to replace a small wireless facility with a facility of substantially similar or smaller size and weight. An authority shall accept an application for, process, and issue a permit allowed under this chapter as follows:

(1) An authority shall receive applications for, and process and issue permits for, collocating small wireless facilities on a nondiscriminatory basis and in substantially the same manner as the permitting of other applicants within the jurisdiction of the authority. An applicant for a collocation permit shall not be required to provide more information to obtain a permit than communications service providers that are not wireless providers. If consistent with the preceding sentence, an authority may require an application to include information sufficient to determine whether the collocation meets applicable building or electrical codes or, if applicable, standards for construction in the right-of-way, provided such codes and standards are of general applicability.

(2) An authority may charge a fee to process an application to collocate a small wireless facility. The fee shall be no greater than the reasonable, direct and actual costs incurred by the authority to process the application, excluding any fees for review of an application charged by third parties on a contingency basis or a result-based arrangement, and further excluding any costs already recovered by existing fees, rates, or taxes paid by a wireless provider. The application processing fee shall be no greater than the application processing fee, if any, charged by the authority to persons seeking to place a pole in the public way. Except as provided in § 39-32-5, an applicant shall not be required to pay any additional fees or charges, or perform or provide any services not directly related to the collocation, in order to collocate small wireless facilities.

(3) At its discretion, an applicant shall be allowed to file a consolidated application and receive a single permit to collocate small wireless facilities at multiple locations within the jurisdiction of the authority.

(4) An authority may not institute a moratorium on filing, receiving, or processing applications or issuing permits or approvals for the collocation of small wireless facilities.

(5) All permits regarding the collocation of small wireless facilities shall be of unlimited duration but initial construction shall be completed within one hundred eighty (180) days after the permit issuance date, unless the authority and wireless provider agree to extend this period or a delay is caused by a lack of commercial power at the site.

(6) Notwithstanding the provisions of § 39-32-2(c), a permit for a collocation within a historic district as defined in § 45-24.1-1.1 shall be subject to historic district commission review and approval, in accordance with standards to be adopted by regulation or rule. The standards may include that a collocation meet reasonable design, context, color, and stealth and concealment requirements and make reasonable accommodation for location within the district. The historic district commission may waive one or more standards upon a showing that the standard(s) are not reasonably compatible with the particular location of a small wireless facility, or that the standard(s) impose an excessive expense. The waiver shall be granted or denied within forty-five (45) days after the date of the request for waiver.

(7) A permit may require a collocation on an authority pole that is a decorative pole to meet objective design standards, including that a collocation meet reasonable location, context, color, and stealth and concealment requirements. Such standards shall be adopted by ordinance, regulation, or rule. An authority may waive one or more standards upon a showing that the standard(s) are not reasonably compatible with the particular location of a small wireless facility, or that the standard(s) impose an excessive expense. The waiver shall be granted or denied within forty-five (45) days after the date of the request.