Okla. Stat. tit. 11, § 11-36-503

providers.

A. The provisions of this section shall only apply to the

collocation of small wireless facilities by a wireless provider in

the right-of-way and the deployment of utility poles to support

small wireless facilities by a wireless provider in the right-of-

way.

B. An authority may not enter into an exclusive arrangement

with any person for use of the right-of-way for the collocation of

small wireless facilities or the installation, operation, marketing,

modification, maintenance or replacement of utility poles.

C. An authority may only charge a wireless provider a rate or

fee for the use of the right-of-way with respect to the collocation

of small wireless facilities or the installation, maintenance,

modification, operation or replacement of a utility pole in the

right-of-way, if the authority charges nonpublic entities for use of

the right-of-way. Notwithstanding the foregoing, an authority is

permitted, on a nondiscriminatory basis, to refrain from charging

any rate to a wireless provider for the use of the right-of-way.

The rate for use of the right-of-way is provided in Section 6 of

this act.

D. Subject to the provisions of this section and approval of an

application pursuant to Section 4 of this act, a wireless provider

shall have the right, as a permitted use not subject to zoning

review or approval, to collocate small wireless facilities and

install, maintain, modify, operate and replace utility poles along,

across, upon and under the right-of-way. Such structures and

facilities shall be so installed and maintained as not to obstruct

or hinder the usual travel or public safety on such right-of-way or

obstruct the legal use of such right-of-way by other occupants of

the right-of-way, including public utilities, or violate right-of-

way regulations of general application that are consistent with this

act.

Oklahoma Statutes - Title 11. Cities and Towns Page 356

E. Each new or modified utility pole installed in the right-of-

way shall not exceed the greater of:

1. Ten (10) feet in height above the tallest existing utility

pole in place as of the effective date of this act located within

five hundred (500) feet of the new pole in the same right-of-way; or

2. Fifty (50) feet above ground level.

New small wireless facilities in the right-of-way may not extend

more than ten (10) feet above an existing utility pole in place as

of the effective date of this act or, for small wireless facilities

on a new utility pole, above the height permitted for a new utility

pole under this section.

F. A wireless provider shall have the right to collocate a

small wireless facility and install, maintain, modify, operate and

replace a utility pole that exceeds the height limits in subsection

E of this section along, across, upon and under the right-of-way,

subject to applicable zoning or other land-use regulations.

G. An authority may adopt written guidelines establishing

reasonable and objective stealth or concealment criteria for small

wireless facilities in designated areas, reasonable and objective

design criteria for small wireless facilities to be collocated on

decorative poles and reasonable and objective design criteria for

utility poles deployed in areas with decorative poles. Such

guidelines may be adopted by any appropriate means, including

without limitation by inclusion in the authority's zoning code, but

such inclusion shall not subject small wireless facilities and

utility poles classified as permitted uses in subsection D of this

section to zoning review. Such guidelines may be adopted only if

they apply on a nondiscriminatory basis to all other occupants of

the right-of-way, including the authority. A wireless provider that

seeks to collocate small wireless facilities on a decorative pole

shall comply with Section 4 of this act. A wireless provider that

is required to replace a decorative pole at its expense in
this

section to zoning review. Such guidelines may be adopted only if

they apply on a nondiscriminatory basis to all other occupants of

the right-of-way, including the authority. A wireless provider that

seeks to collocate small wireless facilities on a decorative pole

shall comply with Section 4 of this act. A wireless provider that

is required to replace a decorative pole at its expense in

compliance with Section 5 of this act shall conform the new

decorative pole to the design aesthetics and material of the

decorative pole(s) being replaced.

H. Wireless providers shall comply with reasonable and

nondiscriminatory requirements that prohibit communications service

providers from installing utility poles or other structures in the

right-of-way in an area designated solely for underground or buried

cable and utility facilities where:

1. The authority has required all cable and utility facilities

other than authority poles and attachments to be placed underground

(i) by a date certain before the application is submitted or (ii) by

a date certain within two (2) years after the application is

submitted, if relocation of facilities has commenced;

2. The authority does not prohibit the replacement of authority

poles in the designated area; and

Oklahoma Statutes - Title 11. Cities and Towns Page 357

3. The authority permits wireless providers to seek a waiver of

the undergrounding requirements for the placement of a new utility

pole to support small wireless facilities, which waivers shall be

addressed in a nondiscriminatory manner.

I. Subject to Section 4 of this act and subsection D of this

section, and except for facilities excluded from evaluation for

effects on historic properties under 47 C.F.R., Section 1.1307(a)(4)

of the FCC rules, an authority may require reasonable, technically

feasible, nondiscriminatory and technologically neutral design or

concealment measures in a historic district. Any such design or

concealment measures may not have the effect of prohibiting any

provider's technology, nor may any such measures be considered a

part of the small wireless facility for purposes of the size

restrictions in the definition of small wireless facility.

J. The authority, in the exercise of its administration and

regulation related to the management of the right-of-way, must be

competitively neutral with regard to other users of the right-of-

way, including that terms may not be unreasonable or discriminatory

and may not violate any applicable law.

K. The authority may require a wireless provider to repair all

damage to the right-of-way directly caused by the activities of the

wireless provider in the right-of-way and to return the right-of-way

to its functional equivalence before the damage pursuant to the

competitively neutral, reasonable requirements and specifications of

the authority. If the wireless provider fails to make the repairs

required by the authority within a reasonable time after written

notice, the authority may effect those repairs and charge the

applicable party the reasonable, documented cost of such repairs. A

wireless provider shall be required to comply with right-of-way and

vegetation management practices adopted by the authority that apply

to all occupants of the right-of-way.

L. Nothing in this act precludes an authority from adopting

reasonable and nondiscriminatory requirements with respect to the

removal of abandoned small wireless facilities. A small wireless

facility that is not operated for a continuous period of twelve (12)

months shall be considered abandoned, and the owner of the facility

must remove the small wireless facility within ninety (90) days

after receipt of written notice from the authority notifying the

owner of the abandonment. The notice shall be sent by certified or

registered mail, return receipt requested, by the authority to the

owner at the last-known address of the owner. If the owner neither
nths shall be considered abandoned, and the owner of the facility

must remove the small wireless facility within ninety (90) days

after receipt of written notice from the authority notifying the

owner of the abandonment. The notice shall be sent by certified or

registered mail, return receipt requested, by the authority to the

owner at the last-known address of the owner. If the owner neither

provides the authority written notice that the small wireless

facility has not been out of operation for a continuous period of

twelve (12) months nor removes the small wireless facility within

the ninety-day period, the authority may remove the small wireless

facility, take ownership of the small wireless facility and assess

the cost of removal to the owner.

Oklahoma Statutes - Title 11. Cities and Towns Page 358