36-66C-20. Wireline backhaul facilities not addressed; no communication services authorized; utilization of rights of ways.

The construction, installation, maintenance, modification, operation, and replacement of wireline backhaul facilities in the right of way are not addressed by this chapter, and any such activity shall comply with Code Section 46-5-1, Chapter 76 of this title, and other applicable law.#

The approval of the installation, placement, maintenance, or operation of a small wireless facility pursuant to this chapter shall not authorize the provision of any communications services.#

Except as provided in this chapter or otherwise expressly authorized by state or federal law, an authority shall not adopt or enforce any ordinances, regulations, or requirements as to the placement or operation of communications facilities in a right of way by a communications services provider authorized by state or local law to operate in a right of way, regulate any communications services, or impose or collect any tax, fee, or charge for the provision of communications services over the communications services provider’s communications facilities in a right of way.#

This chapter shall not apply to an authority to the extent that such authority uses communications facilities to provide free Wi-Fi services to the public.#