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REFERENCE TITLE: wireless providers;
authority; applicability |
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State of
Arizona House of
Representatives Fifty-fourth
Legislature Second Regular
Session 2020 |
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HB 2311 |
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Introduced by Representatives Dunn: Osborne, Senator Kerr |
AN ACT
amending section
9-599, arizona revised statutes; relating to wireless providers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-599, Arizona Revised Statutes, is amended to read:
9-599. Applicability
This article does not:
1. Affect the authority of a special taxing district, investor‑owned electric utility or electric cooperative that owns, controls or operates utility poles or wireless support structures to deny, limit, restrict or determine the rates, fees, terms and conditions for the use of or attachment to its utility poles or wireless support structures by a wireless provider.
2. Confer on any authority any zoning, land use, planning, permitting or other regulatory authority over the utility poles, wireless support structures or small wireless facilities owned, controlled or operated by a special taxing district, investor‑owned electric utility or electric cooperative or the installation of such utility poles, wireless support structures or small wireless facilities by a special taxing district, investor‑owned electric utility or electric cooperative.
3. Amend, modify or otherwise affect any private easement. Any and all rights for the use of a right‑of‑way are subject to the rights granted pursuant to any private easement.
4. Apply to any authority within ten
miles of the border of Mexico that is negotiating a contract or has a contract
in place on or before July 1, 2018 and that contract assists and supports
national security objectives along the border of the United States and Mexico.