Okla. Stat. tit. 11, § 11-36-510

fees and other terms.

A. An authority may adopt an ordinance, resolution or standard

agreement that makes available to wireless providers rates, fees and

other terms that comply with this act.

1. Subject to subsections B, C, D and E of this section, in the

absence of an ordinance, resolution or standard agreement that fully

complies with this act and until such a compliant ordinance,

resolution or standard agreement is adopted, if at all, wireless

providers may collocate small wireless facilities on wireless

support structures and utility poles other than electric

distribution poles and may install and operate utility poles under

the requirements of this act.

2. Upon request, an authority shall enter into a pole

attachment agreement with a wireless provider for the collocation of

small wireless facilities on electric distribution poles. The

rates, fees and terms of the pole attachment agreement shall be

reasonable and nondiscriminatory and shall comply with this act. If

the wireless provider and the authority are not able to reach

agreement within ninety (90) days of the request for a pole

attachment agreement, the authority shall make a best-and-final

offer to the wireless provider within fifteen (15) days of the

expiration of the ninety-day period. The best-and-final offer shall

be in the form of a pole attachment agreement that is reasonable and

nondiscriminatory, complies with this act and may be accepted and

signed by the wireless provider. If the authority fails to make

such a best-and-final offer within fifteen (15) days of the

expiration of the ninety-day period, the wireless provider may

collocate small wireless facilities on the authority's electric

distribution poles under the requirements of this act until the

authority makes such a best-and-final offer.

B. Agreements between an authority and a wireless provider for

the deployment of small wireless facilities in the right-of-way

under the terms of this act are public/private agreements.

C. An agreement, ordinance or resolution that does not fully

comply with this act may apply only to small wireless facilities and

utility poles that became operational or were installed before the

effective date of this act. An agreement, ordinance or resolution

that applies to small wireless facilities and utility poles that

became operational or were constructed before the effective date of

this act is invalid and unenforceable beginning on the one-hundred-

eighty-first day after the effective date of this act unless it

fully complies with this act. If an agreement, ordinance or

resolution is invalid in accordance with this subsection, in the

absence of an agreement, ordinance or resolution that fully complies

with this act and until such a compliant agreement or ordinance is

entered or adopted, small wireless facilities and utility poles that

Oklahoma Statutes - Title 11. Cities and Towns Page 366

became operational or were constructed before the effective date of

this act may remain installed and be operated under the requirements

of this act.

D. An agreement, ordinance or resolution that applies to small

wireless facilities and utility poles that become operational on or

after the effective date of this act may not be enforced beginning

on the effective date of this act unless it fully complies with this

act. If an agreement, ordinance or resolution is invalid in

accordance with this subsection, in the absence of an agreement,

ordinance or resolution that fully complies with this act and until

such a compliant agreement, ordinance or resolution is entered or

adopted, small wireless facilities and utility poles may be

installed and operated in the right-of-way or become operational

under the requirements of this act.

E. Notwithstanding the requirements in subsections C and D of

this section, a communications service provider that has executed an

agreement with an authority relating to small wireless facilities
rdinance or resolution is entered or

adopted, small wireless facilities and utility poles may be

installed and operated in the right-of-way or become operational

under the requirements of this act.

E. Notwithstanding the requirements in subsections C and D of

this section, a communications service provider that has executed an

agreement with an authority relating to small wireless facilities

and utility poles prior to the effective date of this act may choose

to continue to be subject to the rates, terms and conditions of that

agreement for up to five (5) years beyond the effective date of this

act.