Section 207 – Underground district.
Effective 9/1/2018 54-21-207. Underground district. A wireless provider shall comply with an authority’s prohibition on a communications service provider installing a structure in the right-of-way in an area designated solely for underground or buried cable and utility facilities, if: (1) the prohibition is reasonable and nondiscriminatory; and (2) the authority: (a) (i) requires that all […]
Section 102 – Scope.
Effective 9/1/2018 54-21-102. Scope. Nothing in this chapter: (1) permits an entity to provide a service regulated under 47 U.S.C. Secs. 521 through 573, in a right-of-way without compliance with all applicable legal obligations; (2) imposes a new requirement on the activity of a cable provider in a right-of-way for a cable service provided in […]
Section 103 – Local authority jurisdiction.
Effective 9/1/2018 54-21-103. Local authority jurisdiction. (1) Subject to Subsection (2), the provisions of this chapter, and applicable federal law, an authority may continue to exercise zoning, land use, planning, and permitting authority within the authority’s territorial boundaries, including with respect to wireless support structures and utility poles. (2) An authority may exercise the authority’s […]
Section 201 – Applicability.
Effective 9/1/2018 54-21-201. Applicability. This part only applies to a wireless provider deploying, within a right-of-way: (1) a small wireless facility; or (2) a utility pole associated with a small wireless facility. Enacted by Chapter 299, 2018 General Session
Section 202 – Prohibition on exclusive use.
Effective 9/1/2018 54-21-202. Prohibition on exclusive use. An authority may not enter into an exclusive arrangement with any person for: (1) use of a right-of-way for the collocation of a small wireless facility; or (2) the installation, operation, marketing, modification, maintenance, or replacement of a utility pole. Enacted by Chapter 299, 2018 General Session