Arizona 2023 Regular Session

Arizona House Bill HB2636

Caption

Wireless facilities; residential neighborhoods; approval

Impact

By facilitating the collocation of small wireless facilities and establishing clear guidelines for installation processes, HB 2636 is poised to enhance the availability of wireless services in Arizona. It allows for the construction and operation of utility poles and the collocation of small wireless facilities as permitted uses in most zoning districts, while still maintaining certain zoning controls in residential areas. However, the bill's impact may vary significantly depending on local regulations that counties adopt in response, particularly regarding user fees and additional zoning requirements.

Summary

House Bill 2636 aims to streamline the process for the installation and modification of wireless facilities in residential neighborhoods. The bill amends various sections of the Arizona Revised Statutes, primarily focusing on the access, approval, and fees associated with the use of public right-of-way by wireless providers. A notable requirement is the necessity for wireless providers to obtain written consent from at least eighty percent of single-family homeowners, as well as educational institutions within a half-mile radius of proposed installations. This provision aims to address community concerns regarding the aesthetic and environmental impacts of new telecommunications infrastructure.

Contention

While supporters argue that HB 2636 will bolster telecommunications infrastructure and service reliability in growing communities, opponents express concerns over potential overreach into local governance. Critics emphasize that the homeowner approval requirement, though seemingly protective, could create obstacles for providers by necessitating broader community outreach and consensus, which might delay project implementation. The bill centers on the balance between expanding digital access and empowering local jurisdictions to retain some control over aesthetics and neighborhood dynamics.

Companion Bills

No companion bills found.

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