Arkansas Code Title 23. Public Utilities and Regulated Industries § 23-17-514. Implementation

(a)(1) An authority may adopt an ordinance that makes available to wireless providers rates, fees, and other terms that comply with this subchapter.

(2) Subject to the other provisions of this section, in the absence of an ordinance or agreement that substantially implements this subchapter and until such an ordinance is adopted or agreement is reached, if at all, a wireless provider may collocate small wireless facilities and install associated poles under the requirements of this subchapter.

(3) An authority shall not require a wireless provider to enter into an agreement to implement this subchapter, but such agreements are permissible if voluntary and nondiscriminatory.

(c)(1) A provision of an agreement or ordinance with an effective date before September 1, 2019, that does not fully comply with this subchapter shall apply only to small wireless facilities and associated poles that were operational before September 1, 2019, and shall be deemed invalid and unenforceable beginning on the one hundred eighty-first day after September 1, 2019.

(2) To the extent an agreement or ordinance, or part thereof, is invalid under subdivision (c)(1) of this section, small wireless facilities and associated poles that became operational before September 1, 2019, under the agreement or ordinance, may remain installed and be operated under the requirements of this subchapter.

(d)(1) An agreement or ordinance with an effective date of September 1, 2019, or later that applies to small wireless facilities and associated poles is invalid and unenforceable unless it fully complies with this subchapter.

(2) In the absence of an ordinance or agreement that complies with this subchapter, a wireless provider may install and operate small wireless facilities and associated poles in the right-of-way under the requirements of this subchapter.