Or. Admin. Code § 141-126-0170

Current through Register Vol. 64, No. 1, January 1, 2025

Section 141-126-0170 - Co-location of Communication Site Facilities

(1) A lessee wanting to co-locate with a separate person on a portion of an existing communication site facility is required to notify the department in writing at least 90 calendar days prior to the date they propose allowing the co-locator to access the communication site or place or install equipment on the communication site facility. The lessee shall provide the department with a copy of the sublease between the lessee and the co-locator for which the lessee seeks the department's approval.

(2) A lessee wanting to co-locate a small wireless facility with a separate person on an existing structure is required to notify the department in writing at least 60 calendar days prior to the date they propose allowing the co-locator to access the communication site or place or install equipment on the communication site facility. The lessee shall provide the department with a copy of the sublease between the lessee and the co-locator for which the lessee seeks the department's approval.

(3) Lessees submitting a new or renewal co-location sublease to the department for review must submit a non-refundable application processing fee of:

(a) Non-commercial uses: $375.

(b) Commercial uses: $500.

(c) Cellular communication macro cellular facility: $750.

(d) Cellular communication small wireless facility: $100.

(4) All sublease terms must be approved by the department, and the department may condition approval of a sublease on the lessee revising the sublease in the manner prescribed by the department.

(5) For each approved sublease, the lessee shall pay the department on the basis provided in the communication site facility lease the following amounts as additional rent:

(a) Non-commercial uses:

(A) Personal or research and scientific: $500 one-time payment or 25 percent of fee charged by the lessee to a co-locator per year, whichever is greater.

(B) Local or county government and emergency services: $750 one-time payment or 25 percent of fee charged by the lessee to a co-locator per year, whichever is greater.

(C) State, Tribal, or federal government and emergency services: $1,125 one-time payment or 25 percent of fee charged by the lessee to a co-locator per year, whichever is greater.

(D) Non-profit/non-commercial: $750 one-time payment or 25 percent of fee charged by lessee to a co-locator per year, whichever is greater.

(b) Commercial uses:

(A) Small commercial: $1,000 per year or 25 percent of fee charged by the lessee to a co-locator per year, whichever is greater.

(B) Medium commercial: $1,500 per year or 25 percent of fee charged by the lessee to a co-locator per year, whichever is greater.

(C) Large commercial: $2,000 per year or 25 percent of fee charged by the lessee to a co-locator per year, whichever is greater.

(c) Cellular communications:

(A) Macro cellular facility: 25 percent of the fee charged by the lessee to each co-locator per year.

(B) Small wireless facility: $100 per year.

Or. Admin. Code § 141-126-0170

DSL 7-2024, adopt filed 12/10/2024, effective 12/13/2024

Statutory/Other Authority: ORS 273.045, ORS 273.051(2)(b) & ORS 273.245

Statutes/Other Implemented: OR Const. Art. VIII, Sec. 2 & 5