Idaho Administrative Code
Title IDAPA 39 - Transportation, Department of
Rule 39.03.43 - RULES GOVERNING UTILITIES ON STATE HIGHWAY RIGHT-OF-WAY
Section 39.03.43.004 - SMALL WIRELESS FACILITIES

Universal Citation: ID Admin Code 39.03.43.004

Current through August 31, 2023

01. Definitions. (3-21-22)

a. Small Wireless Facilities (SWF). (3-21-22)
i. The facilities: (3-21-22)
(1) Are mounted on structures fifty (50) feet or less in height including their antennas as defined in 47 C.F.R. § 1.1320(d); or (3-21-22)

(2) Are mounted on structures no more than ten percent (10%) taller than other adjacent structures; or (3-21-22)

(3) Do not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten percent (10%), whichever is greater. (3-21-22)

ii. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of an antenna in 47 C.F.R § 1.1320(d)), is no more than three (3) cubic feet in volume; (3-21-22)

iii. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume; (3-21-22)

iv. The facilities do not require antenna structure registration under 47 C.F.R § 17.4; (3-21-22)

v. The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and (3-21-22)

vi. The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b). (3-21-22)

02. Small Wireless Facility Fees. (3-21-22)

a. Federal Communications Commission (FCC). Per the Declaratory Ruling and Third Report and Order, WT Docket No. 17-79, WC Docket No. 17-84, FCC 18-133, (Sept. 26, 2018), the fee schedule is as follows: (3-21-22)
i. Five hundred dollars ($500) for non-recurring fees, including a single up-front application that includes up to five (5) SWFs, with an additional one hundred dollars ($100) for each SWF beyond five (5); or (3-21-22)

ii. One thousand dollars ($1,000) for non-recurring fees for a new pole (i.e. not a collocation) intended to support one (1) or more SWF; and (3-21-22)

iii. Two hundred seventy dollars ($270) per SWF per year for all recurring fees, including any possible ROW access fee or fee for attachment to structures in the ROW. (3-21-22)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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