Section 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 replace:
    • (i) a utility pole associated with the wireless provider’s collocation of a small wireless facility; or
    • (ii) equipment described in Subsections 54-21-101(25)(b)(i) through (ix) required for a wireless provider’s collocation of a small wireless facility.

• (2) A small wireless facility or utility pole under Subsection (1) may not:
  • (a) obstruct or hinder the usual travel or public safety on a right-of-way; or
  • (b) obstruct, damage, or interfere with:
    • (i) another utility facility in a right-of-way; or
    • (ii) a utility’s use of the utility’s facility in a right-of-way.

• (3) Construction and maintenance by the wireless provider shall comply with all applicable legal obligations for the protection of underground and overhead utility facilities.

Enacted by Chapter 299, 2018 General Session