Okla. Stat. tit. 11, § 11-36-504

utility poles.

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

of small wireless facilities by a wireless provider in or outside

the right-of-way as specified in subsection C of this section and to

the permitting of the installation, modification and replacement of

utility poles by a wireless provider inside the right-of-way.

B. Except as provided in this act, an authority may not

prohibit, regulate or charge for the collocation of small wireless

facilities classified as permitted uses in subsection C of this

section.

C. Small wireless facilities shall be classified as permitted

uses and not subject to zoning review or approval if they comply

with the height requirements in subsection E of Section 3 of this

act and are collocated in the right-of-way in any zone or outside

the right-of-way in property not zoned exclusively for residential

single-family or duplex use. Utility poles installed to support

small wireless facilities shall be classified as permitted uses and

not subject to zoning review or approval if they comply with the

height requirements in subsection E of Section 3 of this act and are

collocated in the right-of-way in any zone.

D. An authority may require an applicant to obtain one or more

permits to collocate a small wireless facility or install a new,

modified or replacement utility pole associated with a small

wireless facility as provided in Section 3 of this act, provided

such permits are of general applicability for nongovernmental users

of the right-of-way and do not apply exclusively to wireless

facilities. An authority shall receive applications for, process

and issue such permits subject to the following requirements:

1. An authority may not directly or indirectly require an

applicant to perform services or provide goods unrelated to the

permit, such as in-kind contributions to the authority including

reserving fiber, conduit or pole space for the authority;

2. An applicant shall not be required to provide more

information to obtain a permit than communications service providers

that are not wireless providers, provided that an applicant may be

required to include construction and engineering drawings and

information demonstrating compliance with the criteria in paragraph

8 of this subsection and, for an application to collocate on an

authority pole, a wireless provider may be required to provide at

its expense engineering analysis demonstrating compliance with

applicable standards and codes, construction drawings stamped by a

professional engineer registered in Oklahoma and a description of

any recommended make-ready work, including any modification or

replacement of the authority pole;

Oklahoma Statutes - Title 11. Cities and Towns Page 359

3. An authority may not require the placement of small wireless

facilities on any specific utility pole or category of poles or

require multiple antenna systems on a single utility pole;

4. Subject to subparagraphs e and f of paragraph 8 of this

subsection, an authority may not limit the placement of small

wireless facilities by minimum separation distances;

5. The authority may require an applicant to include an

attestation that the small wireless facilities will be operational

for use by a wireless services provider within one (1) year after

the permit issuance date, unless the authority and the applicant

agree to extend this period or delay is caused by lack of commercial

power or communications transport facilities to the site;

6. Within twenty (20) days of receiving an application, an

authority must determine and notify the applicant in writing whether

the application is complete. If an application is incomplete, an

authority must specifically identify the missing information in

writing. The processing deadline in paragraph 7 of this subsection

is tolled from the time the authority sends the notice of

incompleteness to the time the applicant provides the missing
ation, an

authority must determine and notify the applicant in writing whether

the application is complete. If an application is incomplete, an

authority must specifically identify the missing information in

writing. The processing deadline in paragraph 7 of this subsection

is tolled from the time the authority sends the notice of

incompleteness to the time the applicant provides the missing

information. That processing deadline also may be tolled by

agreement of the applicant and the authority;

7. An application shall be processed on a nondiscriminatory

basis and deemed approved if the authority fails to approve or deny

the application within seventy-five (75) days of receipt of the

application;

8. An authority may deny a proposed collocation of a small

wireless facility or installation, modification or replacement of a

utility pole that meets the height requirements in subsection E of

Section 3 of this act only if the proposed application:

a. materially interferes with the safe operation of

traffic control equipment or emergency management

systems or devices,

b. materially interferes with sight lines or clear zones

for transportation or pedestrians,

c. materially interferes with compliance with the

Americans with Disabilities Act or similar federal or

state standards regarding pedestrian access or

movement,

d. materially interferes with Federal Aviation

Administration requirements or the operation of an

airport or air traffic,

e. fails to comply with reasonable and nondiscriminatory

spacing requirements of general application adopted by

ordinance that concern the location of new utility

poles. Such spacing requirements shall not prevent a

wireless provider from serving any location,

Oklahoma Statutes - Title 11. Cities and Towns Page 360

f. with respect to ground-mounted equipment, fails to

comply with reasonable and nondiscriminatory

requirements of general application adopted by

ordinance that concern spacing of the ground-mounted

equipment; interference with sight lines, clear zones

or pedestrian access or movement; unhindered use of

the right-of-way by other right-of-way occupants,

including the authority; or design or concealment

measures in a historic district required under

subsection I of Section 3 of this act,

g. fails to comply with applicable codes, including

without limitation the most recent version of the

National Electrical Safety Code,

h. fails to comply with subsections D, G, H and I of

Section 3 of this act,

i. causes the utility pole or wireless support structure

to become structurally unsound, unless the applicant

demonstrates that it will address the problem

adequately, such as by modifying or replacing the

structure, or

j. materially interferes with the intended use of an

authority pole;

9. The authority shall document the basis for a denial,

including the specific code provisions on which the denial was

based, and send the documentation to the applicant on or before the

day the authority denies an application. The applicant may cure the

deficiencies identified by the authority and resubmit the

application within thirty (30) days of the denial without paying an

additional application fee. The authority shall approve or deny the

revised application within thirty (30) days. Any subsequent review

shall be limited to the deficiencies cited in the denial;

10. An applicant seeking to collocate small wireless facilities

within the jurisdiction of a single authority shall be allowed at

the applicant's discretion to file a consolidated application for

the collocation of up to twenty-five small wireless facilities and

receive a single permit; provided, however, the denial of one or

more small wireless facilities in a consolidated application shall

not delay processing of any other small wireless facilities in the

same batch;

11. Installation or collocation for which a permit is granted
nt's discretion to file a consolidated application for

the collocation of up to twenty-five small wireless facilities and

receive a single permit; provided, however, the denial of one or

more small wireless facilities in a consolidated application shall

not delay processing of any other small wireless facilities in the

same batch;

11. Installation or collocation for which a permit is granted

pursuant to this section shall be completed within one (1) year

after the permit issuance date, unless the authority and the

applicant agree to extend this period, or a delay is caused by the

lack of commercial power or communications facilities at the site.

Approval of an application authorizes the applicant to:

a. undertake the installation or collocation, and

Oklahoma Statutes - Title 11. Cities and Towns Page 361

b. subject to applicable relocation requirements and the

applicant's right to terminate at any time, operate

and maintain the small wireless facilities and any

associated utility pole covered by the permit for a

period of not less than ten (10) years, which must be

renewed for equivalent durations so long as they are

in compliance with the criteria set forth in paragraph

8 of this subsection;

12. Wireless providers shall comply with relocation

requirements that apply to similarly situated occupants of the

right-of-way; and

13. An authority may not institute, either expressly or de

facto, a moratorium on:

a. filing, receiving or processing applications, or

b. issuing permits or other approvals, if any, for the

collocation of small wireless facilities or the

installation, modification or replacement of utility

poles to support small wireless facilities.

E. An authority shall not require an application for the

following:

1. Routine maintenance;

2. The replacement of small wireless facilities with small

wireless facilities that are substantially similar or the same size

or smaller; or

3. For the installation, placement, maintenance, operation or

replacement of micro wireless facilities that are strung on cables

between existing utility poles, in compliance with the National

Electrical Safety Code.

An authority may, however, require a permit to work within the

right-of-way for such activities, if applicable. Any such permits

shall not be subject to the requirements provided in subsections C

and D of this section.