Section 37-17-1 – Definitions.
Section 37-17-1 Definitions. When used in this chapter, the following words shall have the following meanings: (1) ANTENNA. An apparatus designed for the purpose of emitting radio frequency, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service. For purposes of this subdivision, the […]
Section 37-18-5 – Relation to Chapter 14.
Section 37-18-5 Relation to Chapter 14. Nothing in this chapter shall be deemed to amend, alter, modify, or in any way affect Chapter 14. (Act 2021-336, §5.)
Section 37-17-2 – Rights of Authorities Regarding Small Wireless Facilities and Associated Poles.
Section 37-17-2 Rights of authorities regarding small wireless facilities and associated poles. (a) An authority may not deny a wireless provider the right, as a permitted use subject to Section 37-17-3 and the authority’s requirements not in conflict with this chapter or a then-existing final order of the Federal Communications Commission (FCC), to do either […]
Section 37-17-3 – Exemption From Zoning Review or Approval; Application Procedures; Permits.
Section 37-17-3 Exemption from zoning review or approval; application procedures; permits. (a) Subject to the limitations established in this chapter, small wireless facilities and associated poles are not subject to zoning review or approval if they are located in the right-of-way under the control of an authority and otherwise comply with this chapter and a […]
Section 37-17-4 – Collocation of Small Wireless Facilities; Performance of Make-Ready Work; Costs.
Section 37-17-4 Collocation of small wireless facilities; performance of make-ready work; costs. (a) Subject to Sections 37-17-2, 37-17-3, and 37-17-5, an authority shall allow the collocation of small wireless facilities on existing poles, other than any poles owned by an electric provider, owned or controlled by an authority and the mounting or installation of small […]
Section 37-17-5 – Permit Application Fees; Access Rates.
Section 37-17-5 Permit application fees; access rates. (a) Application fees for permits for small wireless facilities shall be nondiscriminatory and may not exceed the following: (1) A five hundred dollar ($500) non-recurring fee for a single up-front application for collocation that includes up to five small wireless facilities, with an additional one hundred dollars ($100) […]
Section 37-17-6 – Chapter Inapplicable to Certain Entities.
Section 37-17-6 Chapter inapplicable to certain entities. (a) This chapter does not apply to any poles or structures owned by an electric provider, whether used for lighting, distribution, transmission, or otherwise. This chapter also does not apply to the equipment, easements, or business activities of any of the following: (1) A utility, as defined under […]
Section 37-17-7 – Liability of Authorities.
Section 37-17-7 Liability of authorities. (a) An authority exercising its authority established by this chapter may not be subject to suit or otherwise be responsible for the alleged negligence, wantonness, willfulness, recklessness, or any other claims for alleged wrongful acts or omissions of wireless providers or their officers, agents, contractors, subcontractors, employees, or other representatives […]
Section 37-17-8 – Insurance Requirements.
Section 37-17-8 Insurance requirements. (a) Except as authorized under subsection (b), during the period in which the small wireless facilities of a wireless provider are located on or attached to the authority’s assets, including its poles, or rights-of-way, the authority may require a wireless provider to do both of the following: (1) Carry, at the […]
Section 37-16-3 – Definitions.
Section 37-16-3 Definitions. As used in this chapter, the following terms shall have the following meanings: (1) ADVANCED COMMUNICATIONS CAPABILITIES. The communications capabilities defined from time to time as advanced telecommunications capabilities by the Federal Communications Commission (FCC) through regulations, statutes, or other written guidance or orders. The term also includes broadband systems and broadband […]