2022 Code of Alabama
Title 37 - Public Utilities and Public Transportation.
Chapter 17 - Small Wireless Facilities
Section 37-17-9 - Removal, Relocation, Change, etc., of Small Wireless Facilities; Written Order; Failure to Comply.

Section 37-17-9

Removal, relocation, change, etc., of small wireless facilities; written order; failure to comply.

(a) An authority may order a wireless provider to remove, relocate, change, or otherwise alter the wireless provider's small wireless facility or pole for any of the following reasons, so long as all other occupiers of the same right-of-way remove, relocate, change, or otherwise alter their facilities under the same conditions as the wireless provider:

(1) To perform construction, repair, maintenance, or installation of an authority improvement in or upon the right-of-way or the operations of the authority in or upon the right-of-way.

(2) When the small wireless facility or pole is interfering with or adversely affecting the proper operation of an authority pole, traffic signal, or other equipment in the right-of-way.

(3) To comply with traffic and public safety codes.

(b) Within 90 days of the issuance of a written order from an authority, a wireless provider, at its own expense, shall temporarily or permanently protect, support, disconnect, remove, relocate, change, or otherwise alter the position of a small wireless facility or pole within the right-of-way.

(c) When an authority orders a wireless provider to remove, relocate, change, or alter the position of a small wireless facility or pole within the right-of-way, the authority shall use its best efforts to give the wireless provider a reasonably equivalent alternative location.

(d) If a wireless provider has not complied with an order under subsection (a) within 90 days of the issuance of a written order, the authority, without further notice to the wireless provider and at sole cost and expense to the wireless provider, may relocate any small wireless facility or pole as ordered by the authority.

(e) Notwithstanding any other provision of this section, an authority may remove a small wireless facility or pole if the authority determines that the removal is necessary to address an imminent risk to public safety. If circumstances permit, the authority shall provide notice to the wireless provider and an opportunity for the wireless provider to move its own small wireless facility or pole to address the risk. An authority that removes a facility or pole under this subsection shall promptly notify the wireless provider of the removal.

(Act 2021-5, §9.)