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
Section 501 – Applicability.
Effective 9/1/2018 54-21-501. Applicability. This part governs an authority’s rates and fees for the placement in a right-of-way of: (1) a small wireless facility; or (2) a utility pole associated with a small wireless facility. Enacted by Chapter 299, 2018 General Session
Section 302 – Permitting process, requirements, and limitations.
Effective 9/1/2018 54-21-302. Permitting process, requirements, and limitations. (1) An authority may require an applicant to obtain a permit to: (a) collocate a small wireless facility in a right-of-way; or (b) install a new, modified, or replacement utility pole associated with a small wireless facility in a right-of-way, as provided in Section 54-21-204. (2) If […]
Section 208 – Historic and design districts.
Effective 9/1/2018 54-21-208. Historic and design districts. (1) Subject to the permit process described in Section 54-21-302, an authority may require a reasonable, technically feasible, nondiscriminatory, or technologically neutral design or concealment measure in an historic district, unless the facility is excluded from evaluation for effects on historic properties under 47 C.F.R. Sec. 1.1307(a)(4). (2) […]
Section 209 – Manner of regulation.
Effective 9/1/2018 54-21-209. Manner of regulation. (1) An authority shall manage a wireless provider’s use of a right-of-way in a nondiscriminatory manner with regard to any other user of the right-of-way. (2) Any term or condition an authority imposes on a right-of-way user may not: (a) be unreasonable or discriminatory; or (b) violate an applicable […]