We know that telecommunications companies (with certification from the Corporation Commission) have the right by statute and the Oklahoma Constitution to locate their facilities in the ROW “subject to control of the proper municipal authorities as to what grounds, streets, alleys or highways said lines shall run over or across, and the place the poles to support the wires are located” as stated in 18 O.S. § 601 and that municipalities cannot charge them fees to operate in said ROW (See City of Tulsa v. SW Bell, 5 F.Supp. 822, 10th Cir.). However, do any of your cities charge an administrative fee or “permit” fee for the process of determining where such facilities can be located in the ROW? Or has anyone looked into this issue? Our Engineering Dept wants to charge $50 to review these applications. I certainly would argue this isn’t a fee for use of the ROW, it is just an administrative fee. I haven’t found anything that would prevent this type of fee, but I don’t know that it is worth any potential conflict (and it seems likely that there would be some conflict). Teresa Nowlin | City Attorney 211 North Elm | P.O Box 2007 | Jenks, OK 74037 918-299-5883 Office