Legal Notice for Wireless Service Providers
Small Wireless Facilities in the City’s Right-of-Way
(pursuant to A.R.S. § 9-591 et. seq.)
Small Wireless Facility in the Right-of-Way
Fee Justification, Calculations and Schedule
Notice is hereby given that at its regular meeting of February 12, 2018, the Council will consider a resolution to establish rates and fees for wireless facilities in the city right-of-way. The meeting will be held in the Council Chambers, 14455 W. Van Buren St. Suite B-101, Goodyear, AZ 85338 following the 4:30 Work Session.
The process to have a Small Wireless Facility (SWF) in the Right-of-Way (ROW) would generally be processed through the City’s dry utility process and would require the Wireless Service Provider to pay the following fees:
- Traffic Control Permit $165
- Engineering Plan Review $150 per page at an average cost of $300
- Engineering Permit $230
- Street Light Construction Permit Fee $50
- Electrical Meter Inspection Fee $91-$116 average cost $104
Current Average Processing Cost $849
According to A.R.S. §9-592(L), the total application fee for a SWF in the ROW “may not exceed seven hundred fifty dollars.” The city of Goodyear’s established fees to process a similar application when applied to wireless facilities would exceed the seven hundred fifty ($750.00) dollar maximum; therefore, the City’s Application Fee for a SWF in the ROW shall be set at seven hundred fifty ($750.00) dollars, effective February 12, 2018 to coincide with statutory requirements for this fee. This application fee is applicable to monopoles and new, replacement or modified utility poles associated with the collocation of SWFs.
Small Wireless Facility (SWF) on a City-owned Pole in the ROW
- Per A.R.S. §9-591 et. seq., the annual attachment fee for the collocation of a SWF on a City-owned streetlight, traffic signal pole or other City-owned wireless support structure shall be $50 per site for the use of the City-owned pole or wireless support structure per calendar year.
- In addition, the annual ROW use fee shall be $50 for each site per calendar year.
Small Wireless Facility on a Third Party-owned Pole in the ROW
- The annual ROW use fee for a SWF on a Third Party-owned utility pole or wireless support structure in the ROW shall be $50 for each site per calendar year.
- The Wireless Service Provider must provide documentation from the Third Party owner that the Third Party owns the utility pole or wireless support structure, and consents to the use of the site as a SWF.
Pursuant to A.R.S. § 9-591 et. seq., some use fees are limited to the cost of direct and actual cost of managing the ROW. The cost of managing the ROW would include, but is not limited to, the following:
- Acquisition fees for obtaining ROW
- Administrative or processing costs
- Inspection costs
- Cost of repairing and maintaining the ROW
- Construction costs for ROW improvements
- Costs to community from delays, air pollution
In the city of Goodyear, the land acquisition cost for a 5x5 square foot area of ROW at a minimum would be $125 (at $5 per square foot). This amount alone exceeds the $50 limit set forth in statute as applicable. If the other above itemized costs of managing the ROW were included, it would far exceed the statutory limit.
All fees set forth in A.R.S. § 9-591 et. seq. will be charged in accordance with the State law, including applications for collocation of SWF of $100 per SWF up to five SWFs and $50 per any additional SWF applications.
For questions or additional information, contact Alan Claypool at (623) 882-7868.