# Ala. Code § 37-17-2: Section 37-17-2 Rights of Authorities Regarding Small Wireless Facilities and Associated Poles

> Alabama · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AL_T37_C17_S37-17-2

## Section

- **Citation:** Ala. Code § 37-17-2
- **Heading:** Section 37-17-2 Rights of Authorities Regarding Small Wireless Facilities and Associated Poles
- **Jurisdiction:** Alabama
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Alabama Code / Title 37 / Chapter 17 / Section 37-17-2

## Text

(a) An authority may not deny a wireless provider the right, as a permitted use subject to Section 37-17-3 and the authority’s requirements not in conflict with this chapter or a then-existing final order of the Federal Communications Commission (FCC), to do either of the following:

(1) Collocate, mount, or install small wireless facilities on or adjacent to existing, new, or replacement poles in the right-of-way.

(2) Install, modify, or replace its own poles, or, with the permission of the owner, a third party’s poles, associated with a small wireless facility, along, across, upon, and under the right-of-way controlled by the authority.

(b) For purposes of this section, any new or modified pole may not exceed the greater of either of the following:

(1) Ten feet in height above the tallest existing pole in place as of July 1, 2021, located within 500 feet of the new pole in the same right-of-way controlled by the authority.

(2) Fifty feet above ground level.

(c) The small wireless facilities and associated poles shall be installed and maintained in accordance with the authority’s requirements not in conflict with this chapter or a then-existing final order of the FCC and as not to obstruct or hinder the usual travel and public safety on the right-of-way and adjacent roads and bridges or obstruct the legal use of the right-of-way by utilities.

(d) A wireless provider may collocate a small wireless facility and install, maintain, modify, operate, and replace a pole that exceeds these height limits along, across, upon, and under the right-of-way, subject to applicable zoning regulations or other applicable requirements of the authority.

## Nearby sections

- [Ala. Code § 37-17-1 Section 37-17-1 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AL_T37_C17_S37-17-1.md)
- [Ala. Code § 37-17-2 Section 37-17-2 Rights of Authorities Regarding Small Wireless Facilities and Associated Poles](https://www.frixlaw.com/law-library/statutes/STATE_AL_T37_C17_S37-17-2.md)
- [Ala. Code § 37-17-3 Section 37-17-3 Exemption from Zoning Review or Approval; Application Procedures; Permits](https://www.frixlaw.com/law-library/statutes/STATE_AL_T37_C17_S37-17-3.md)
- [Ala. Code § 37-17-4 Section 37-17-4 Collocation of Small Wireless Facilities; Performance of Make-Ready Work; Costs](https://www.frixlaw.com/law-library/statutes/STATE_AL_T37_C17_S37-17-4.md)
- [Ala. Code § 37-17-5 Section 37-17-5 Permit Application Fees; Access Rates](https://www.frixlaw.com/law-library/statutes/STATE_AL_T37_C17_S37-17-5.md)
- [Ala. Code § 37-17-6 Section 37-17-6 Chapter Inapplicable to Certain Entities](https://www.frixlaw.com/law-library/statutes/STATE_AL_T37_C17_S37-17-6.md)
- [Ala. Code § 37-17-7 Section 37-17-7 Liability of Authorities](https://www.frixlaw.com/law-library/statutes/STATE_AL_T37_C17_S37-17-7.md)
- [Ala. Code § 37-17-8 Section 37-17-8 Insurance Requirements](https://www.frixlaw.com/law-library/statutes/STATE_AL_T37_C17_S37-17-8.md)
- [Ala. Code § 37-17-9 Section 37-17-9 Removal, Relocation, Change, Etc., of Small Wireless Facilities; Written Order; Failure to Comply](https://www.frixlaw.com/law-library/statutes/STATE_AL_T37_C17_S37-17-9.md)
- [Ala. Code § 37-17-10 Section 37-17-10 Construction and Application of Chapter](https://www.frixlaw.com/law-library/statutes/STATE_AL_T37_C17_S37-17-10.md)
- [Ala. Code § 37-17-11 Section 37-17-11 Exemptions from Chapter](https://www.frixlaw.com/law-library/statutes/STATE_AL_T37_C17_S37-17-11.md)
- [Ala. Code § 37-17-12 Section 37-17-12 Construction with Federal Regulations, Rulings, Etc.; Application Denials by Alabama Department of Transportation](https://www.frixlaw.com/law-library/statutes/STATE_AL_T37_C17_S37-17-12.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AL_T37_C17_S37-17-2. Check the current official text before relying on it. Not legal advice.