Section 603 – Relocation.
Effective 9/1/2018 54-21-603. Relocation. (1) Notwithstanding any provision to the contrary, an authority may require a wireless provider to relocate or adjust a small wireless facility in a public right-of-way: (a) in a timely manner; and (b) without cost to the authority owning the public right-of-way. (2) The reimbursement obligations under Section 72-6-116(3)(b) do not […]
Section 502 – Right-of-way rates.
Effective 9/1/2018 54-21-502. Right-of-way rates. (1) Except as described in Subsection (2), an authority may not require a wireless provider to pay any rate, fee, or compensation to the authority, or to any other person, beyond what is expressly authorized in this chapter, for the right to use or occupy a right-of-way: (a) for the […]
Section 503 – Application fees.
Effective 9/1/2018 54-21-503. Application fees. (1) An authority may charge an application fee, if: (a) a similar fee is required for similar types of commercial development or construction within the authority’s jurisdiction; (b) the costs to be recovered by an application fee are not already recovered by existing fees, rates, licenses, or taxes paid by […]
Section 504 – Authority pole collocation rate.
Effective 9/1/2018 54-21-504. Authority pole collocation rate. The rate to collocate a small wireless facility on an authority pole is $50 per year, per authority pole. Enacted by Chapter 299, 2018 General Session
Section 601 – General.
Effective 9/1/2018 54-21-601. General. (1) An authority may, to the extent allowed by law and consistent with this chapter, establish rates, fees, and other terms that comply with this chapter by: (a) implementing an ordinance; or (b) if applicable, executing an agreement with a wireless provider. (2) In the absence of an ordinance or agreement […]
Section 602 – Noncompliant agreements and ordinances.
Effective 9/1/2018 54-21-602. Noncompliant agreements and ordinances. (1) An agreement or ordinance that does not fully comply with this chapter and applies to a small wireless facility or a utility pole that is operational or installed before May 11, 2018: (a) may not be renewed or extended unless the agreement is modified to fully comply […]
Section 303 – Exceptions to permitting.
Effective 9/1/2018 54-21-303. Exceptions to permitting. (1) Except as provided in Subsection (2), an authority may not require a wireless provider to submit an application, obtain a permit, or pay a rate for: (a) routine maintenance; (b) the replacement of a small wireless facility with a small wireless facility that is substantially similar or smaller […]
Section 401 – Applicability.
Effective 9/1/2018 54-21-401. Applicability. This part applies to activities of a wireless provider within a right-of-way. Enacted by Chapter 299, 2018 General Session
Section 402 – Prohibition on exclusive use.
Effective 9/1/2018 54-21-402. Prohibition on exclusive use. (1) A person owning, managing, or controlling an authority pole in a right-of-way may not enter into an exclusive arrangement with a person for the right to collocate a small wireless facility to the authority pole. (2) A person who purchases or otherwise acquires an authority pole is […]
Section 403 – Rates.
Effective 9/1/2018 54-21-403. Rates. The rate to collocate a small wireless facility on an authority pole: (1) shall be nondiscriminatory, regardless of the service provided by the collocating person; and (2) is provided in Part 5, Rates and Fees. Enacted by Chapter 299, 2018 General Session