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Cellular Antennas On Arizona Water Towers – Who Benefits?
By Jesse Cresap. In Arizona, utilities and their regulators disagree over who controls and profits from excess space on utility infrastructure. The Arizona Corporation Commission’s Utility Division Staff asserts authority over the unused space on utility infrastructure and whether cellular antennas can be attached to the outside of a water storage tank. A recent matter before the Corporation Commission again brought this issue to the forefront. Flagstaff Ranch Water Company, Inc. sought approval to transfer a water tank to Cactus State Utility Operating Company, LLC pursuant to Ariz. Rev. Stat. § 40-285. Utility Division Staff objected to the transfer, in part because there were unapproved cellular antennas attached to the water tank exterior. This raises the question of whether utilities can lease space on their infrastructure and, if they can, whether…