D. A county may charge a wireless provider a rate for the wireless provider's use of a right-of-way in accordance with this section. The county may:

1. 1. For the collocation of a small wireless facility on a utility pole or wireless support structure that is not owned by the county that includes ground-mounted equipment, charge a rate for the ground-mounted equipment using the methodology described in paragraph 5 of this subsection, require an application and charge a fee. The rate for ground-mounted equipment may not exceed one hundred seventy-five dollars.
2. 2. For the collocation of a small wireless facility on a county utility pole that does not include ground-mounted equipment, charge a rate using the methodology described in paragraph 5 of this subsection that does not exceed twenty dollars. If the collocation includes ground-mounted equipment, the county may charge an additional rate using the methodology described in paragraph 5 of this subsection. The rate for ground-mounted equipment may not exceed one hundred seventy-five dollars.
3. 3. For the installation of a utility pole, together with the collocation of small wireless facilities, that will not be owned by the county, charge a wireless provider a rate using the methodology described in paragraph 5 of this subsection. The rate may not exceed one hundred seventy-five dollars. An additional rate may not be charged for collocated small wireless facilities, including ground-mounted equipment that is requested in the application.
4. 4. For the replacement of a utility pole owned by the county, require the applicant to comply with the county's processes and requirements for installing such structures. The county may not charge a rate for the replaced utility pole.
5. 5. Charge a rate that has been lawfully adopted and published. The rate shall be based on the average fair market value of the county right-of-way that is suitable for the deployment of wireless facilities and utility poles. All materials used to derive these values shall be readily available to the public at least ninety days before the adoption of the rate. The rate adopted shall be based on ninety percent of the average fair market values that have been determined and are subject to the applicable rate caps in paragraphs 1, 2 and 3 of this subsection.

E. A county shall:

1. 1. Adopt an ordinance establishing rates, fees and terms for the following:

   1. (a) The installation, modification or replacement by a wireless provider of a utility pole located in a right-of-way.
   2. (b) The collocation by a wireless provider of a small wireless facility in a right-of-way.
   3. (c) The collocation by a wireless provider of a small wireless facility on a county utility pole.
2. 2. Adopt the ordinance described in paragraph 1 of this subsection within the time period beginning on August 9, 2017 and ending after the time allowed under the county's procedures adopted under section 11-1605 for the adoption of an ordinance, or ninety days after receiving the first request by a wireless provider, whichever is later.

3. 3. Establish rates, fees and terms that comply with this section. The terms:

   1. (a) May not be unreasonable or discriminatory.
   2. (b) May include requirements applicable to other users of the right-of-way.
   3. (c) May require that the wireless provider's operation of the small wireless facilities and wireless facilities in the right-of-way does not interfere with the county's public safety communications.
   4. (d) May not require the placement of small wireless facilities on any specific utility pole or category of utility poles or require multiple antenna systems on a single utility pole.
   5. (e) May not limit the placement of pole-mounted small wireless facilities by minimum separation distances but may require reasonable spacing requirements that concern the location of ground-mounted equipment.