MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Public Utilities; Public Property

By: Representative Davis

House Bill 990

(COMMITTEE SUBSTITUTE)

AN ACT TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION 17-25-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE COUNTY BOARDS OF SUPERVISORS AND MUNICIPAL GOVERNING AUTHORITIES TO ENTER INTO REAL OR PERSONAL PROPERTY LEASES WITH PROVIDERS OF PERSONAL WIRELESS SERVICES FOR A TERM NOT TO EXCEED TEN YEARS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  The following shall be codified as Section 17-25-7, Mississippi Code of 1972:

     17-25-7.  (1)  For the purposes of this section, the terms "personal wireless services" and "personal wireless service facilities," have the same meaning as defined under 47 USCS Section 332(c)(7).

     (2)  The board of supervisors of any county and the governing authorities of any municipality, in their discretion, may lease or license publicly owned real and personal property to providers of personal wireless services for the construction, operation and maintenance of personal wireless service facilities on such terms and conditions, and with such safeguards as will best promote and protect the public interest, for a term not to exceed ten (10) years.

     SECTION 2.  This act shall take effect and be in force from and after its passage.