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 […]
Section 203 – Right-of-way rates and fees.
Effective 9/1/2018 54-21-203. Right-of-way rates and fees. (1) An authority may charge a wireless provider a rate or fee for the use of a right-of-way to collocate a small wireless facility, or to install, operate, modify, maintain, or replace a utility pole associated with the wireless provider’s collocation of a small wireless facility, if the […]
Section 204 – Wireless provider right of access.
Effective 9/1/2018 54-21-204. Wireless provider right of access. (1) Subject to the provisions of this part, along, across, upon, or under a right-of-way, a wireless provider may, as a permitted use under the authority’s zoning regulation and subject only to administrative review: (a) collocate a small wireless facility; or (b) install, operate, modify, maintain, or […]
Section 205 – Height limitations in a right-of-way.
Effective 9/1/2018 54-21-205. Height limitations in a right-of-way. (1) A new or modified utility pole that has a collocated small wireless facility, and that is installed in a right-of-way, may not exceed 50 feet above ground level. (2) An antenna of a small wireless facility may not extend more than 10 feet above the top […]
Section 206 – Decorative poles.
Effective 9/1/2018 54-21-206. Decorative poles. If necessary to collocate a small wireless facility, a wireless provider may replace a decorative pole, if the replacement pole reasonably conforms to the design aesthetic of the displaced decorative pole. Enacted by Chapter 299, 2018 General Session
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