{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-36-504","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-36-504","heading":"Permitting of small wireless providers – Permitting of","body":"utility poles.\n\nA. The provisions of this section shall apply to the permitting\n\nof small wireless facilities by a wireless provider in or outside\n\nthe right-of-way as specified in subsection C of this section and to\n\nthe permitting of the installation, modification and replacement of\n\nutility poles by a wireless provider inside the right-of-way.\n\nB. Except as provided in this act, an authority may not\n\nprohibit, regulate or charge for the collocation of small wireless\n\nfacilities classified as permitted uses in subsection C of this\n\nsection.\n\nC. Small wireless facilities shall be classified as permitted\n\nuses and not subject to zoning review or approval if they comply\n\nwith the height requirements in subsection E of Section 3 of this\n\nact and are collocated in the right-of-way in any zone or outside\n\nthe right-of-way in property not zoned exclusively for residential\n\nsingle-family or duplex use. Utility poles installed to support\n\nsmall wireless facilities shall be classified as permitted uses and\n\nnot subject to zoning review or approval if they comply with the\n\nheight requirements in subsection E of Section 3 of this act and are\n\ncollocated in the right-of-way in any zone.\n\nD. An authority may require an applicant to obtain one or more\n\npermits to collocate a small wireless facility or install a new,\n\nmodified or replacement utility pole associated with a small\n\nwireless facility as provided in Section 3 of this act, provided\n\nsuch permits are of general applicability for nongovernmental users\n\nof the right-of-way and do not apply exclusively to wireless\n\nfacilities. An authority shall receive applications for, process\n\nand issue such permits subject to the following requirements:\n\n1. An authority may not directly or indirectly require an\n\napplicant to perform services or provide goods unrelated to the\n\npermit, such as in-kind contributions to the authority including\n\nreserving fiber, conduit or pole space for the authority;\n\n2. An applicant shall not be required to provide more\n\ninformation to obtain a permit than communications service providers\n\nthat are not wireless providers, provided that an applicant may be\n\nrequired to include construction and engineering drawings and\n\ninformation demonstrating compliance with the criteria in paragraph\n\n8 of this subsection and, for an application to collocate on an\n\nauthority pole, a wireless provider may be required to provide at\n\nits expense engineering analysis demonstrating compliance with\n\napplicable standards and codes, construction drawings stamped by a\n\nprofessional engineer registered in Oklahoma and a description of\n\nany recommended make-ready work, including any modification or\n\nreplacement of the authority pole;\n\n3. An authority may not require the placement of small wireless\n\nfacilities on any specific utility pole or category of poles or\n\nrequire multiple antenna systems on a single utility pole;\n\n4. Subject to subparagraphs e and f of paragraph 8 of this\n\nsubsection, an authority may not limit the placement of small\n\nwireless facilities by minimum separation distances;\n\n5. The authority may require an applicant to include an\n\nattestation that the small wireless facilities will be operational\n\nfor use by a wireless services provider within one (1) year after\n\nthe permit issuance date, unless the authority and the applicant\n\nagree to extend this period or delay is caused by lack of commercial\n\npower or communications transport facilities to the site;\n\n6. Within twenty (20) days of receiving an application, an\n\nauthority must determine and notify the applicant in writing whether\n\nthe application is complete. If an application is incomplete, an\n\nauthority must specifically identify the missing information in\n\nwriting. The processing deadline in paragraph 7 of this subsection\n\nis tolled from the time the authority sends the notice of\n\nincompleteness to the time the applicant provides the missing\nation, an\n\nauthority must determine and notify the applicant in writing whether\n\nthe application is complete. If an application is incomplete, an\n\nauthority must specifically identify the missing information in\n\nwriting. The processing deadline in paragraph 7 of this subsection\n\nis tolled from the time the authority sends the notice of\n\nincompleteness to the time the applicant provides the missing\n\ninformation. That processing deadline also may be tolled by\n\nagreement of the applicant and the authority;\n\n7. An application shall be processed on a nondiscriminatory\n\nbasis and deemed approved if the authority fails to approve or deny\n\nthe application within seventy-five (75) days of receipt of the\n\napplication;\n\n8. An authority may deny a proposed collocation of a small\n\nwireless facility or installation, modification or replacement of a\n\nutility pole that meets the height requirements in subsection E of\n\nSection 3 of this act only if the proposed application:\n\na. materially interferes with the safe operation of\n\ntraffic control equipment or emergency management\n\nsystems or devices,\n\nb. materially interferes with sight lines or clear zones\n\nfor transportation or pedestrians,\n\nc. materially interferes with compliance with the\n\nAmericans with Disabilities Act or similar federal or\n\nstate standards regarding pedestrian access or\n\nmovement,\n\nd. materially interferes with Federal Aviation\n\nAdministration requirements or the operation of an\n\nairport or air traffic,\n\ne. fails to comply with reasonable and nondiscriminatory\n\nspacing requirements of general application adopted by\n\nordinance that concern the location of new utility\n\npoles. Such spacing requirements shall not prevent a\n\nwireless provider from serving any location,\n\nf. with respect to ground-mounted equipment, fails to\n\ncomply with reasonable and nondiscriminatory\n\nrequirements of general application adopted by\n\nordinance that concern spacing of the ground-mounted\n\nequipment; interference with sight lines, clear zones\n\nor pedestrian access or movement; unhindered use of\n\nthe right-of-way by other right-of-way occupants,\n\nincluding the authority; or design or concealment\n\nmeasures in a historic district required under\n\nsubsection I of Section 3 of this act,\n\ng. fails to comply with applicable codes, including\n\nwithout limitation the most recent version of the\n\nNational Electrical Safety Code,\n\nh. fails to comply with subsections D, G, H and I of\n\nSection 3 of this act,\n\ni. causes the utility pole or wireless support structure\n\nto become structurally unsound, unless the applicant\n\ndemonstrates that it will address the problem\n\nadequately, such as by modifying or replacing the\n\nstructure, or\n\nj. materially interferes with the intended use of an\n\nauthority pole;\n\n9. The authority shall document the basis for a denial,\n\nincluding the specific code provisions on which the denial was\n\nbased, and send the documentation to the applicant on or before the\n\nday the authority denies an application. The applicant may cure the\n\ndeficiencies identified by the authority and resubmit the\n\napplication within thirty (30) days of the denial without paying an\n\nadditional application fee. The authority shall approve or deny the\n\nrevised application within thirty (30) days. Any subsequent review\n\nshall be limited to the deficiencies cited in the denial;\n\n10. An applicant seeking to collocate small wireless facilities\n\nwithin the jurisdiction of a single authority shall be allowed at\n\nthe applicant's discretion to file a consolidated application for\n\nthe collocation of up to twenty-five small wireless facilities and\n\nreceive a single permit; provided, however, the denial of one or\n\nmore small wireless facilities in a consolidated application shall\n\nnot delay processing of any other small wireless facilities in the\n\nsame batch;\n\n11. Installation or collocation for which a permit is granted\nnt's discretion to file a consolidated application for\n\nthe collocation of up to twenty-five small wireless facilities and\n\nreceive a single permit; provided, however, the denial of one or\n\nmore small wireless facilities in a consolidated application shall\n\nnot delay processing of any other small wireless facilities in the\n\nsame batch;\n\n11. Installation or collocation for which a permit is granted\n\npursuant to this section shall be completed within one (1) year\n\nafter the permit issuance date, unless the authority and the\n\napplicant agree to extend this period, or a delay is caused by the\n\nlack of commercial power or communications facilities at the site.\n\nApproval of an application authorizes the applicant to:\n\na. undertake the installation or collocation, and\n\nb. subject to applicable relocation requirements and the\n\napplicant's right to terminate at any time, operate\n\nand maintain the small wireless facilities and any\n\nassociated utility pole covered by the permit for a\n\nperiod of not less than ten (10) years, which must be\n\nrenewed for equivalent durations so long as they are\n\nin compliance with the criteria set forth in paragraph\n\n8 of this subsection;\n\n12. Wireless providers shall comply with relocation\n\nrequirements that apply to similarly situated occupants of the\n\nright-of-way; and\n\n13. An authority may not institute, either expressly or de\n\nfacto, a moratorium on:\n\na. filing, receiving or processing applications, or\n\nb. issuing permits or other approvals, if any, for the\n\ncollocation of small wireless facilities or the\n\ninstallation, modification or replacement of utility\n\npoles to support small wireless facilities.\n\nE. An authority shall not require an application for the\n\nfollowing:\n\n1. Routine maintenance;\n\n2. The replacement of small wireless facilities with small\n\nwireless facilities that are substantially similar or the same size\n\nor smaller; or\n\n3. For the installation, placement, maintenance, operation or\n\nreplacement of micro wireless facilities that are strung on cables\n\nbetween existing utility poles, in compliance with the National\n\nElectrical Safety Code.\n\nAn authority may, however, require a permit to work within the\n\nright-of-way for such activities, if applicable. Any such permits\n\nshall not be subject to the requirements provided in subsections C\n\nand D of this section.","path":["OK Code","Title 11"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os11.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e21bbd02e0e6c2ed3e39c318501532dff319d277bd00b3efb6fcdc23dc81beee","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-36-503","next":"us-ok/okla.-stat.-tit.-11-11-36-505"},"notice":"GroundRules: Original legal text. Not legal advice."}