Micro Wireless Facilities, Routine Maintenance, and Like-for-Like Replacements Sample Clauses

Micro Wireless Facilities, Routine Maintenance, and Like-for-Like Replacements. The Wireless Statute prohibits a municipality from requiring an application, permit, fee, or any other approval for: micro wireless facilities, routine maintenance, or like-for-like replacements of small wireless facilities. Wis. Stat. § 66.0414(3)(e). We read this provision to apply to approvals required for use of local right-of-way rather than attachment to MEU Poles. With regard to each of these items, the Model Agreement has been carefully drafted to reflect the Group Representatives’ desire to follow prudent utility practice and to propose agreement provisions that should not pose an unreasonable burden on the wireless providers. A micro wireless facility is a class of small wireless facility that is generally attached to a messenger wire rather than to the pole.6 Where such facilities are “strung 5 The federal make-ready rules are codified at 47 U.S.C. § 1.1401 et seq. 6 The Wireless Statute defines a Micro Wireless Facility as “a small wireless facility that does not exceed 24 inches in length, 15 inches in width, and 12 inches in height and that has no exterior antenna longer than 11inches.” Wis. Stat. § 66.0414(1)(p). XXX XXXXXXXX XXXXXX 1, 2020 on cables between existing utility poles in compliance with the National Electrical Safety Code,” no right-of-way access approvals are required, as mentioned above. Wis. Stat. § 66.0414(3)(e)3. Because of the small size of micro wireless facilities, the Model Agreement treats such facilities a little differently than “full-size” small wireless facilities. No permit application is required for a micro wireless facility (Section 5.1.1 of the Model Agreement); however, the wireless provider is required to give advance notice when placing or removing a micro wireless facility (Section 5.2.1 of the Model Agreement). Under appropriate circumstances, the Model Agreement allows the MEU to require the wireless provider to bear the cost of a line-loading analysis to determine whether any make-ready work is necessary. Section 5.2.2 of the Model Agreement. The Model Agreement requires neither notice nor a permit for ordinary maintenance, except that prior notice is required if the maintenance work is to take place in the electric supply space. However, like-for-like replacements, referred to as modifications in the Model Agreement, are subject to the permitting process. Section
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