SB264 Alabama 2019 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

Regular Session 2019

Title

Telecommunications, installation and deployment of small wireless facilities and associated poles, towers, and base stations on the public rights-of-way, authorized, Secs. 37-3A-1 to 37-3A-12, inclusive, added.

Summary

SB 264 would create a statewide framework in Alabama to authorize, regulate, and charge for the installation of small wireless facilities and related poles in public rights-of-way, including a permitting process, rates, and safety/quality requirements.

What This Bill Does

It adds a new Chapter 3A to Title 37 to authorize the installation and deployment of small wireless facilities and poles on public rights-of-way, with a permitting process and set rates. It defines key terms, limits pole height and facility size, and requires non-discriminatory treatment by authorities while banning exclusive right-of-way deals. It also covers aesthetic and undergrounding rules, abandonment and relocation procedures, and insurance/indemnification requirements for providers. It establishes how rates are set, how make-ready work is priced, and how disputes over rates are resolved, plus how implementation and compliance would work at the local level.

Who It Affects

• Wireless providers (wireless infrastructure providers and wireless services providers): would be able to collocate and install small wireless facilities on public rights-of-way under a permitting system, subject to size/height limits, fees, and timelines.
• Public authorities and pole owners (state and local governments and pole-owning utilities): would regulate and issue permits, set non-discriminatory rates and terms, enforce aesthetic/undergrounding requirements, oversee make-ready work, relocation, abandonment, and enforcement actions.

Key Provisions

• Adds Chapter 3A to Title 37 to authorize installation and deployment of small wireless facilities and poles on public rights-of-way, with definitions and requirements.
• Allows collocation on existing poles and installation on new or replacement poles, and installation of antenna equipment adjacent to collocated structures; prohibits exclusive right-of-way arrangements by authorities.
• Establishes a permitting process with general applicability, timelines (60 days for collocation on existing structures; 90 days for new/replacement poles), and a requirement that permits cover multiple activities under one application; classifies these as permitted uses in the right-of-way.
• Sets height and size limits for poles and small wireless facilities, including a maximum of 50 feet or 10% taller than the tallest existing pole, with stricter limits in historic districts; caps on antenna and equipment volumes; restrictions in historic districts.
• Imposes rates and fees: up to $100 per small wireless facility per year for right-of-way access, $40 per facility per year for those on authority poles, plus one-time application fees (up to $500 for up to five facilities, then $100 per additional facility; $250 for pole modification; $1,000 for new pole installation); make-ready costs limited to actual costs with no extra revenue-based charges.
• Requires undergrounding when an authority requires it by a specified date; allows replacement poles and makes-ready work; ownership and fixture transfer rules if poles are replaced.
• Provides abandonment and removal procedures with 30 days' notice and a 90-day removal window; allows cost recovery and penalties for non-removal and enables suspension of new permits until costs are paid.
• Outlines relocation obligations if widening or public projects require moving poles; cost responsibilities and timelines; authority can cut power if relocation is not completed after notice.
• Establishes indemnification and insurance requirements; providers must indemnify the authority; requires property, workers' compensation, and general liability coverage, with potential to add the authority as an additional insured; self-insurance option allowed with proof of financial ability.
• Dispute resolution provisions for rates during pending disputes, with final rates determined after resolution; rates in section 37-3A-6 apply during disputes.
• Implementation rules for local ordinances, agreements, and grandfathering; non-compliant pre-existing agreements become invalid after six months unless amended; new deployments must comply fully with the chapter.
• Excludes electric distribution poles from the chapter unless affected by a pole attachment agreement; otherwise sets standards for pole attachments and related make-ready.
• Allows authorities to adopt non-discriminatory, reasonable, and publicly published aesthetics requirements, with provisions for decorative poles and historic districts, and requires designs to be technically feasible and not overly burdensome.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Telecommunications