Section 206N-7 - Access to state or county utility poles within the right of way(a) This section shall apply to activities of the communications service provider within the right of way. The State and counties shall permit the collocation of small wireless facilities on utility poles pursuant to the process set forth in section 206N-6.(b) A person owning, managing, or controlling state or county utility poles in the right of way shall not enter into an exclusive arrangement with any person for the right to attach to such poles.(c) The rates to collocate on state or county poles shall be nondiscriminatory regardless of the communications services provided by the collocating person.(d) The rates, fees, and terms and conditions for the make-ready work to collocate on the state or county pole shall be nondiscriminatory, competitively neutral, and commercially reasonable and shall comply with this chapter.(e) The State or county shall provide a good faith estimate for any make-ready work to be performed by a communications service provider and that is necessary to enable the pole to support the requested collocation by a communications service provider, including pole replacement if necessary, within sixty calendar days after receipt of a complete application. Make-ready work, including any pole replacement, shall be completed by the State or county or the communications service provider within one hundred and twenty calendar days of written acceptance of the good faith estimate by the applicant. The State or county shall have the discretion to designate whether it or the communications service provider will perform the make-ready work.(f) The person owning, managing, or controlling the state or county pole shall not require more make-ready work than required to meet applicable codes or industry standards. Fees for make-ready work, including any pole replacement, shall not exceed actual costs or the amount charged to other communications service providers for similar work and shall not include any consultant fees or expenses.Added by L 2018, c 49,§ 2, eff. 7/1/2018 and applicable to permit applications filed with the state or county after 12/31/2018.