Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 11704.5. Access to municipal poles within right-of-way

(a) Applicability.--The provisions of this section shall apply to activities of the wireless provider within a right-of-way.

(b) Exclusive use prohibited.--A municipality may not enter into an exclusive arrangement with any person for the right to collocate on municipal poles.

(c) Collocation.--A municipality shall allow collocation on municipal poles using the process required under this act and applicable codes unless the small wireless facility would cause structural or safety deficiencies to the municipal pole, in which case the municipality and applicant shall work together for any make-ready work or modifications or replacements that are needed to accommodate the small wireless facility.  All structures and facilities shall be installed and maintained so as not to obstruct nor hinder travel or public safety within the right-of-way.

(d) Rates.--Subject to the fee adjustment requirements under section 7(c),  1 a municipality shall not charge a wireless provider a fee to collocate on municipal poles.

(e) Implementation and make-ready work.--

(f) Future use.--A municipality may reserve space on an existing municipal pole for future public safety or transportation uses in a documented and approved plan as adopted at the time an application is filed.  A reservation of space shall not preclude collocation, the replacement of an existing utility pole or the installation of a new utility pole.  If the replacement of a municipal pole is necessary to accommodate collocation and the reserved future use, the wireless provider shall pay for the replacement municipal pole and the municipal pole shall accommodate the future use.