Effective - 28 Aug 2014, 2 histories
67.5104. Pole attachment and pole defined — denial of permit on nondiscriminatory basis only — pole attachment fees, terms, and conditions to be nondiscriminatory — review, when — attachment during pendency of dispute — revocation, when. — 1. As used in this section, "pole attachment" means an attachment by an attaching entity, including a video service provider, a telecommunications provider or other communications-related service provider to a pole owned or controlled by a municipal utility or municipality, but not a wireless antenna attachment or an attachment by a wireless communications provider to a pole. As used in this section, "pole" means a utility pole which is owned or controlled by a municipal utility or municipality, but shall not include poles that are not associated with the transmission or distribution of electric power, communications, broadband, or video services. A municipal utility or municipality may only deny an attaching entity access to the utility's poles on a nondiscriminatory basis if there is insufficient capacity or for reasons of safety and reliability and if the attaching entity will not resolve the issue. If a municipal utility or municipality does not find any capacity, safety, or reliability issues, such municipal utility or municipality shall issue the attaching entity a permit to attach to the municipal utility's or municipality's poles. Nothing in this section shall be construed to prohibit a municipal utility or municipality from requiring an attaching entity to enter into a pole attachment agreement consistent with this section.
2. Notwithstanding sections 67.1830 to 67.1846, any pole attachment fees, terms, and conditions, including those related to the granting or denial of access, demanded by a municipal utility pole owner or controlling authority of a municipality shall be nondiscriminatory, just, and reasonable and shall not be subject to any required franchise authority or government entity permitting, except as provided in this section. A pole attachment rental fee shall be calculated on an annual, per-pole basis. Such rental fee shall be considered nondiscriminatory, just, and reasonable if it is agreed upon by the parties or, in the absence of such an agreement, based on cost but in no such case shall such fee so calculated be greater than the fee which would apply if it were calculated in accordance with the cable service rate formula referenced in 47 U.S.C. Sec. 224(d) as applied by the Federal Communications Commission. In addition, a municipal pole owner may be authorized to exceed the rate of return cost components of the Federal Communications Commission formula referenced in this section if necessary to comply with Article X of the Missouri Constitution. In the event of a dispute between the parties, either party may bring an action for review in any court of competent jurisdiction. The court shall rule on any such petition for review in an expedited manner by moving the petition to the head of the docket consistent with subsection 2 of this section. Nothing shall deny any party the right to a hearing before the court.
3. Where no pole attachment agreement exists between an attaching entity and the municipal utility pole owner or controlling authority of a municipality, and a dispute between a municipal utility pole owner or controlling authority of a municipality and an attaching entity exclusively concerns the per-pole fee or any requirement or issue not directly related to pole attachments consistent with this section or both, then the attaching entity may proceed with its attachments during the pendency of the dispute under the agreed-upon terms and conditions at a rental rate of no more than as set forth in subsection 2 of this section. The attaching entity shall comply with applicable and reasonable engineering, safety and reliability standards and shall hold the municipal pole owner or controlling authority of the municipality harmless for any liabilities or damages incurred that are caused by the attaching entity.
4. The provisions of this section shall not supersede existing pole attachment agreements established prior to August 28, 2014.
5. Nothing in this section shall be construed as conferring any jurisdiction or authority to the public service commission or any state agency to regulate either the fees, terms, or conditions for pole attachments, or for any state agency to assert any jurisdiction over attachments to poles regulated by 47 U.S.C. Sec. 224.
6. A municipal utility or municipality may, after reasonable written notice and an opportunity to cure, as provided in the applicable pole attachment agreement between a municipal utility or municipality and an attaching entity, revoke a pole attachment permit granted to an attaching entity and require removal of the attachment with or without fee refund for breach of the pole attachment agreement or permit until the breach is cured, but only in the event of a substantial breach of material terms and conditions of the pole attachment agreement or permit. A substantial breach by an attaching entity shall be limited to:
(1) A material violation of a material provision of the applicable pole attachment agreement or permit;
(2) An evasion or attempt to evade any material provision of the applicable pole attachment agreement or permit;
(3) A material misrepresentation of fact in the applicable pole attachment agreement or permit application;
(4) A failure to complete work by the date and in accordance with the terms specified in the applicable pole attachment agreement or permit, unless an extension is obtained or unless the failure to complete the work is due to reasons beyond the attaching entity's control; or
(5) A failure to correct, within the time and in accordance with the terms specified by the municipal utility or municipality in the applicable pole attachment agreement or permit, work by the attaching entity that does not conform to applicable national safety codes, industry construction standards, or local safety codes that are not more stringent than national safety codes, upon inspection and notification by the municipal utility or municipality of the faulty condition. If the time for correction is not specified in the applicable pole attachment agreement or permit, the time for correction shall be reasonable under the particular circumstances, and in no event less than thirty days.
7. Unless otherwise provided for in an applicable pole attachment agreement, in the event of an imminent threat to public health, life, or safety, a municipal utility or municipality shall, upon notice to the attaching entity, request the attaching entity rearrange, relocate, or remove a pole attachment from a pole or absent action from the attaching entity, have the authority to rearrange, relocate, or remove a pole attachment consistent with industry practices. The attaching entity shall be notified as soon as practicable upon the cessation of the threat to public health, life, or safety, or upon restoration of the attachment by the municipal utility or municipality.
--------
(L. 2013 H.B. 345, A.L. 2014 S.B. 653)
Structure Missouri Revised Statutes
Title VI - County, Township and Political Subdivision Government
Chapter 67 - Political Subdivisions, Miscellaneous Powers
Section 67.020 - Budget officer, designation, duties — submission of budget.
Section 67.040 - Increase of expenditure over budgeted amount to be made only on formal resolution.
Section 67.048 - Annual report required, when.
Section 67.050 - Transfer of funds from one agency to another.
Section 67.060 - Orders increasing total budget kept on file three years — attestation.
Section 67.070 - Budget for preceding year to govern, when.
Section 67.080 - Expenditures prohibited unless authorized under this chapter.
Section 67.085 - Investment of certain public funds, conditions.
Section 67.100 - Applicability of law.
Section 67.136 - Municipal courts, utilization of collection agencies permitted, when.
Section 67.138 - Liability of political subdivisions for certain frivolous actions.
Section 67.140 - Ownership of domestic animals, no laws or regulations to prohibit.
Section 67.210 - Political subdivisions may provide health insurance benefits when, to whom.
Section 67.212 - Failure of board members to attend meetings, commission's power to replace.
Section 67.250 - Cities and counties may grant funds to fire protection and library districts, when.
Section 67.303 - Economic growth, promotion and development in county — powers of county commission.
Section 67.304 - Charitable contributions, organizations may solicit in roadway, when, procedure.
Section 67.305 - Counties or cities not to arrest or punish for public intoxication.
Section 67.306 - Admission tickets, sale or resale of, no restrictions on price or fees, exceptions.
Section 67.316 - Public food service establishments, pets permitted, when.
Section 67.340 - Assistance to political subdivisions encouraged.
Section 67.350 - Use of state data processing equipment by political subdivisions.
Section 67.360 - Political subdivisions, use of state procurement service authorized.
Section 67.370 - State agencies may contract with political subdivisions.
Section 67.380 - Charges limited to cost of service.
Section 67.390 - Contracts to be filed with secretary of state.
Section 67.400 - Ordinance may require vacation, demolition or repair of structures, when.
Section 67.410 - Provisions required in ordinance.
Section 67.420 - Ordinance may provide penalties for noncompliance or delay.
Section 67.430 - Appeal must be authorized.
Section 67.440 - Emergency powers may be authorized.
Section 67.450 - Liability of subdivision for wrongful action.
Section 67.453 - Citation of law — definitions.
Section 67.455 - Neighborhood improvements — bonds, special assessments.
Section 67.459 - Apportionment of improvement costs — governing body to establish classifications.
Section 67.461 - Assessments, plans, specifications — public filing — duties of clerk — notice.
Section 67.465 - Period of limitation, lawsuits.
Section 67.467 - Supplemental assessments authorized, when — reassessments.
Section 67.469 - Assessment treated as tax lien, payable upon foreclosure.
Section 67.471 - Temporary notes, general obligation bonds.
Section 67.475 - Maximum bond indebtedness — advisory committee in certain cities.
Section 67.500 - Short title — definitions.
Section 67.506 - Computation of county sales tax levy.
Section 67.540 - Repeal or amendment of sales tax — procedure.
Section 67.545 - Law not applicable to certain cities and counties.
Section 67.571 - Museums and festivals, sales tax authorized (Buchanan County).
Section 67.572 - Repeal of sales tax, procedure.
Section 67.573 - Sales tax to be an additional tax to taxes in chapter 144 — computation of tax.
Section 67.574 - Director of revenue to be responsible for administration and operation of the tax.
Section 67.576 - Collection of the tax requirements — applicable penalties.
Section 67.577 - Delinquency in payment, limitation for bringing suit.
Section 67.607 - Powers of commission.
Section 67.611 - Decisions by majority, exceptions.
Section 67.614 - Penalties may be imposed by ordinances for injuries to commission's property.
Section 67.621 - Revenues, distribution.
Section 67.623 - Collection and administration of tax, options.
Section 67.631 - Penalties may be imposed by ordinances for injuries — district's property.
Section 67.643 - Law not to impair existing rights of political subdivisions.
Section 67.645 - Report to general assembly, when — biennial audit, required.
Section 67.650 - Regional convention and sports complex authority established.
Section 67.654 - Investment in bond issues, by whom, authority.
Section 67.655 - Tax exemption for property and income of authority.
Section 67.661 - Authorities' duties — annual report due when — no public revenue authorized.
Section 67.662 - Limitations on applicability
Section 67.663 - Tourism taxes, collection, distribution and administration.
Section 67.664 - Limitations on imposition of tourism taxes.
Section 67.667 - Adoption of tourism tax, procedure — ballot form.
Section 67.673 - Repeal of tax, procedure, ballot form — effective when.
Section 67.676 - Collection of tourism tax, duties of county collector or director of revenue, when.
Section 67.681 - Delinquencies — limitation for bringing suit — prosecutor may bring action.
Section 67.683 - Tourism board, appointment — qualifications — term — duties — staff authorized.
Section 67.701 - Submission of ballot — limitations on use of revenue (St. Louis County).
Section 67.712 - Deposit — distribution to county, when — refunds authorized — tax repealed, effect.
Section 67.721 - Repeal or amendment of sales tax, procedure.
Section 67.724 - Definition of county.
Section 67.730 - Capital improvements sales tax — bonds — election procedure — ballot form.
Section 67.732 - Imposition of tax, when — interest and sinking fund, limitations on use.
Section 67.733 - Bonds, refunding.
Section 67.737 - Applicable provisions, administration.
Section 67.760 - Joint operation of recreation system.
Section 67.770 - Subdivision may accept gifts for recreational purposes.
Section 67.775 - Use of facilities of other governmental agencies, when.
Section 67.780 - Effect on other powers of subdivision.
Section 67.781 - County recreational system — citation of law — definitions.
Section 67.783 - Recreational lake authority — purpose and powers — exemption — immunity.
Section 67.787 - Lake authority — initial meeting — officers — duties — bond, amount — restrictions.
Section 67.788 - Lake authority — powers — funds — condemnation — security force — zoning.
Section 67.790 - Lake authority — tax increment financing — approval, by whom.
Section 67.796 - Ballot form, content.
Section 67.798 - Bonds — issuance, interest, payments — income tax exemption.
Section 67.800 - Notice to nonresident property owners, when.
Section 67.810 - Owner to file affidavit of request, contents, fee.
Section 67.820 - Notice, how sent, by whom.
Section 67.830 - Receipt of notice, owner to refile affidavit.
Section 67.840 - Request for notice expires, when, renewed, how.
Section 67.850 - Failure of notice, effect of.
Section 67.860 - Nonresident property owner defined.
Section 67.870 - Policy statement.
Section 67.880 - Who may acquire land and for what purpose.
Section 67.885 - Plan for conservation, hearing and reports required before condemnation authorized.
Section 67.895 - Tax assessments, how affected.
Section 67.905 - Authorization to accept funds or grants.
Section 67.955 - Procedure for dissolution — bonded indebtedness, effect of.
Section 67.974 - Powers of commission.
Section 67.978 - Bonds issues, authorization — forms — sales — rate of interest.
Section 67.981 - Notes authorized — sales — interest rate — to mature when.
Section 67.983 - Issuance of renewal notes and refunding bonds — sales.
Section 67.995 - Fund abolished, moneys transferred to general revenue — audit of fund, when.
Section 67.1012 - Collection of tax, options, penalty for delinquency, when (Pettis County).
Section 67.1016 - County transient guest taxes — procedures.
Section 67.1020 - Disaster relief services, nongovernmental agencies exempt from tax, when.
Section 67.1062 - Definitions.
Section 67.1064 - Recorder of deeds to file report — pay over funds to county treasurer for deposit.
Section 67.1065 - Administrative body to be appointed, duties, expenses, limitation.
Section 67.1067 - Agencies applying for funds, information required.
Section 67.1069 - Requirements for agencies to be eligible for funds.
Section 67.1070 - Eligible agencies.
Section 67.1071 - Report to be made by agencies receiving funds, content — program.
Section 67.1155 - Powers and duties of commissioners.
Section 67.1175 - Advisory board, established, members — duties, powers.
Section 67.1180 - Dissolution of district, procedures — trustee, appointment, duties.
Section 67.1181 - Audit required, promotion of tourism moneys.
Section 67.1186 - Retailers liable for surcharge, collection and return of surcharges.
Section 67.1187 - Tourism surcharge trust fund, established — use.
Section 67.1188 - Ballot for submission.
Section 67.1189 - Effective date of surcharge.
Section 67.1200 - Definitions.
Section 67.1212 - Election to establish military airport zoning, ballot form.
Section 67.1224 - Airport zoning regulation not applicable to certain counties.
Section 67.1233 - Ballot form for submission to affected landowner.
Section 67.1235 - Majority of affected landowners required to form.
Section 67.1249 - Grants may be awarded by board to conduct research.
Section 67.1253 - Dissolution procedure for district — ballot form.
Section 67.1275 - Exemption from premium tax for association.
Section 67.1350 - Annexation by certain cities to promote economic development (Warrensburg).
Section 67.1352 - Annexation of municipal airports, when (city of Monett).
Section 67.1367 - Transient guest tax for promotion of tourism — ballot language. (Perry County)
Section 67.1368 - Tax authorized — ballot language (Douglas and Montgomery counties).
Section 67.1401 - Definitions.
Section 67.1411 - Districts, how established.
Section 67.1431 - Public hearing, notice.
Section 67.1441 - Removal from and addition to district, procedure.
Section 67.1452 - Election of board of directors, no person to cast more than one ballot.
Section 67.1471 - Fiscal year — budget — meeting — report — audit.
Section 67.1485 - Merger of districts, when — assessments, effect on.
Section 67.1491 - Obligations of district.
Section 67.1501 - Funding of district.
Section 67.1511 - Fund, how created, use.
Section 67.1531 - Real property or business license tax, how imposed, ballot.
Section 67.1541 - Taxes and assessments, how collected, distributed.
Section 67.1551 - Election for real estate tax, procedure, results, reimbursement of costs.
Section 67.1561 - Statute of limitations.
Section 67.1571 - Minimum wage limitation.
Section 67.1600 - Home equity program act — definitions.
Section 67.1606 - Addition of new areas to existing home equity program, procedure.
Section 67.1612 - Powers and duties.
Section 67.1618 - Member's home value guaranteed, when, procedure.
Section 67.1624 - Payment by program required, when.
Section 67.1630 - Member property acquired by eminent domain, program benefits may be claimed, when.
Section 67.1636 - Member may appeal guaranteed values or dollar depreciations, how.
Section 67.1642 - Termination of existing program, how.
Section 67.1651 - Indemnification of commissioners, officers or employees of a program, limitations.
Section 67.1654 - Suit may be brought, when, limitations.
Section 67.1657 - Program only proportionally liable when member has separate home equity insurance.
Section 67.1703 - Metropolitan district to be body corporate and political subdivision.
Section 67.1715 - District ballot form, approval of majority required — district established, when.
Section 67.1718 - Single county district, procedure.
Section 67.1730 - Board member terms — vacancies, how filled, eligible for reappointment.
Section 67.1742 - Powers and duties of the district.
Section 67.1748 - Missouri products and supplies to be given preference.
Section 67.1751 - Metropolitan district not to have power of eminent domain.
Section 67.1754 - Sales tax, how allocated — reauthorization of tax, when.
Section 67.1760 - Bonds may be issued by metropolitan district — rates, how paid.
Section 67.1766 - Income from bonds exempt from income tax.
Section 67.1776 - Short title — children's services fund reimbursement.
Section 67.1800 - Definitions.
Section 67.1802 - District boundaries.
Section 67.1804 - Regional taxicab commission established, powers.
Section 67.1806 - Membership of commission, appointments.
Section 67.1808 - Powers of the commission.
Section 67.1810 - Duties of the commission — expenditures limited to fees collected.
Section 67.1812 - Taxicab code promulgated, procedure.
Section 67.1814 - Airport taxicabs, limitation on regulation by the commission.
Section 67.1816 - City and county ordinances in effect until taxicab code adopted.
Section 67.1818 - Licensure, taxicab code to include administrative procedures.
Section 67.1819 - Criminal background check policy required.
Section 67.1820 - Commission to establish annual budget to enforce taxicab code.
Section 67.1830 - Definitions.
Section 67.1846 - Exceptions to applicability of right-of-way laws.
Section 67.1847 - Fiber networks in right-of-way, no fee for use of — exceptions.
Section 67.1862 - Definitions.
Section 67.1864 - District created in certain counties (includes Camden County).
Section 67.1868 - Opposition to formation of a district, petition filed, procedure.
Section 67.1870 - Costs of filing to be paid by petitioners.
Section 67.1872 - Board of directors, members.
Section 67.1874 - Notice of district organization — election of board members, terms.
Section 67.1876 - Powers of the board, meetings, corporate seal, quorum.
Section 67.1878 - Use of funds, sources of funding.
Section 67.1880 - Property tax imposed, when — ballot language — collection of tax.
Section 67.1882 - Contracting, borrowing and agreement authority of the district.
Section 67.1884 - Limitation on district's contracting authority.
Section 67.1886 - Additional powers of the district.
Section 67.1888 - Insurance obtained by the district, types, conditions.
Section 67.1890 - Change in district boundaries, procedure.
Section 67.1892 - Vote required for change in boundaries, when.
Section 67.1894 - Termination of taxing authority by petition, procedure.
Section 67.1896 - Vote required for termination of taxing authority, when — ballot language.
Section 67.1898 - Dissolution of a district, procedure.
Section 67.1925 - Special trust fund created.
Section 67.1928 - Authorized appropriations from special trust fund.
Section 67.1931 - Indebtedness authorized to accomplish purposes of certain taxes.
Section 67.1934 - Repeal of tax, submitted to voters, ballot language.
Section 67.1937 - Safekeeping of county permanent records — accounting records and annual audit.
Section 67.1940 - Donation of property to county.
Section 67.1950 - Definitions.
Section 67.1956 - Board of directors, members, terms, duties.
Section 67.1958 - Modification of requirements by vote of the district.
Section 67.1959 - Sales tax imposed, when — submitted to voters, ballot language.
Section 67.1962 - Special trust fund created.
Section 67.1965 - County collector to collect tax at discretion of the board — rules.
Section 67.1968 - Expenditure of sales tax revenue, conditions.
Section 67.1971 - Reduction of liability for entities remitting the sales tax.
Section 67.1974 - Expansion of district boundaries, procedure.
Section 67.1977 - Dissolution and repeal of the tax, procedure.
Section 67.1978 - Annual audit required.
Section 67.1979 - Removal of board members.
Section 67.2500 - Establishment of a district, where — definitions.
Section 67.2510 - Alternative procedure for establishment of a district.
Section 67.2515 - Petition, contents, notice — hearing — district declared organized, when.
Section 67.2520 - Election conducted, when — sales tax vote, amount — ballot form.
Section 67.2535 - Monitoring of blasting operations permitted (St. Charles County).
Section 67.2540 - Definitions.
Section 67.2546 - Restrictions, prohibitions — violation, penalty.
Section 67.2552 - Prohibited acts, penalties — public policy interest to be protected.
Section 67.2555 - Competitive bids required, when (Jackson County).
Section 67.2675 - Citation of law.
Section 67.2677 - Definitions — effective date.
Section 67.2677 - Definitions.
Section 67.2680 - Satellite or streaming video services, no new tax, license, or fee.
Section 67.2683 - Compliance with FCC requirements for emergency messages.
Section 67.2685 - Expiration of authorization, when.
Section 67.2687 - Notice of commencement of service, when.
Section 67.2689 - Fee authorized, amount — exception — adjustment of fee, when.
Section 67.2693 - Report to be issued by the public service commission, contents.
Section 67.2694 - Confidentiality of subscriber information.
Section 67.2695 - Immunity of political subdivisions, when — indemnification, when — exceptions.
Section 67.2701 - Transferability of authorizations, procedure.
Section 67.2709 - National Electric Safety Code, compliance with required.
Section 67.2711 - Noncompliance, effect of.
Section 67.2714 - Effective date.
Section 67.2805 - Rulemaking authority.
Section 67.2820 - Program authorized, requirements — application process — audit may be required.
Section 67.2825 - Alternative financing method.
Section 67.2830 - Issuance of bonds.
Section 67.2835 - Allocation of state's residual share of certain bond limitation.
Section 67.2840 - Effective dates.
Section 67.4500 - Definitions.
Section 67.4510 - Members, appointment.
Section 67.5000 - District authorized.
Section 67.5002 - Name of district.
Section 67.5006 - Powers of district.
Section 67.5008 - Ballot language.
Section 67.5010 - Majority vote required.
Section 67.5012 - Sale tax authorized in counties of district.
Section 67.5014 - Allocation of sales tax.
Section 67.5016 - Department of revenue to administer and collect tax — director's duties.
Section 67.5018 - Treasurer's duties — report required, when.
Section 67.5020 - Revenues from tax not to be allocated to special fund by municipalities.
Section 67.5022 - Board of directors, appointment, terms, removal.
Section 67.5024 - Organizational meeting — adoption of bylaws, rules, and regulations.
Section 67.5026 - Qualifications of board members.
Section 67.5030 - Eminent domain authority, district not authorized to exercise.
Section 67.5032 - Issuance of bonds, requirements.
Section 67.5034 - Negotiable refunding bonds permitted, limitations.
Section 67.5038 - Purchases in excess of $10,000 by lowest and best bid standard.
Section 67.5065 - Political subdivision definition.
Section 67.5090 - Citation of law.
Section 67.5092 - Definitions.
Section 67.5094 - Prohibited acts by authority.
Section 67.5102 - Prohibited acts.
Section 67.5103 - Power of eminent domain prohibited, when.
Section 67.5110 - Citation of law, purpose.
Section 67.5111 - Definitions.
Section 67.5115 - Authority poles, use of — make-ready work.
Section 67.5116 - Rates and fees.
Section 67.5117 - Limitation on services permitted.
Section 67.5118 - Authority may exercise certain authority, limitations.
Section 67.5119 - Ordinance or agreement required, when.
Section 67.5120 - Court jurisdiction.
Section 67.5121 - Indemnification, insurance, and bonding requirements permitted — exceptions.
Section 67.5122 - Expiration date, exception.
Section 67.5125 - Report to general assembly, when, contents.