HB251 Alabama 2021 Session

Summary

Primary Sponsor

Rod Scott

Democrat

Session

Regular Session 2021

Title

Wireless telecommunications, installation and deployment of small wireless facilities and associated poles, towers, and base stations on the public rights-of-way, authorized

Summary

HB251 creates a state-wide process for wireless providers to install and co-locate small wireless facilities on existing or new poles in public rights-of-way, with limited zoning review and a defined permit and fee system.

What This Bill Does

It authorizes collocation on existing poles or installation of new poles in rights-of-way controlled by the state, counties, and municipalities. It exempts small wireless facilities from certain zoning review procedures and establishes a formal permitting framework with timelines and a fee structure. It also defines small wireless facilities and related terms, sets size/height limits, requires insurance and indemnity from providers, and gives authorities power to remove or relocate facilities for safety or to accommodate public improvements.

Who It Affects

• Wireless service providers and wireless infrastructure providers would be allowed to place small wireless facilities in rights-of-way and must follow the permitting rules and pay the specified fees.
• State and local authorities (state agencies, counties, and municipalities that control rights-of-way) would administer the permitting process, enforce requirements, require make-ready work, and have authority to remove or relocate facilities for safety or public‑improvement purposes.

Key Provisions

• Authorizes collocation on existing poles or installation of new poles in rights-of-way controlled by the state or local authorities for small wireless facilities.
• Exempts small wireless facilities from certain zoning review/approval procedures if located in rights-of-way and compliant with this act and FCC orders.
• Implements a permit process with clear timelines: 60 days for collocation on existing structures, 90 days for deployment on new or replacement poles; completeness determinations within 10 days.
• Establishes a non-discriminatory fee schedule: up-front application fees (max $500 for up to five facilities, $100 per additional facility), modification/replacement fee ($250), new pole installation fee ($1,000), and annual access/installation rates (e.g., $100 per facility for access, $170 per facility for collocation).
• Defines small wireless facilities and micro wireless facilities with size, volume, and safety limits, including height and dimension restrictions.
• Allows make-ready work to be performed by either the authority or the wireless provider, with a good-faith cost estimate and a 60-day completion window; providers must reimburse actual costs, with a 10% cap over the estimate.
• Requires insurance and indemnity from wireless providers, and allows the authority to be named as additional insured on liability policies.
• Grants authorities power to order removal, relocation, or modification for construction, safety, or public safety reasons, with a 90-day compliance window and potential relocation to an equivalent location; immediate removal allowed in imminent risk cases.
• Prohibits new local taxes or charges on wireless facilities beyond those established in the act; excludes poles owned by electric providers and preserves existing pole attachment agreements; the act may require compliance with pre-existing agreements and federal orders.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Telecommunications