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 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 […]
Section 210 – Damage and repair.
Effective 9/1/2018 54-21-210. Damage and repair. (1) If a wireless provider’s activity causes damage to a right-of-way, the wireless provider shall repair the right-of-way to substantially the same condition as before the damage. (2) If a wireless provider fails to make a repair required by an authority under Subsection (1) within a reasonable time after […]
Section 301 – Applicability — General.
Effective 9/1/2018 54-21-301. Applicability — General. (1) This part applies to: (a) the collocation of a small wireless facility in a right-of-way; (b) the collocation of a small wireless facility on a wireless support structure in a right-of-way; and (c) the installation, modification, or replacement of a utility pole associated with a small wireless facility […]