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 cable and utility facilities, other than an authority pole and attachment, be placed underground; and
    • (ii) establishes the requirement in Subsection (2)(a)(i) more than 90 days before the day on which the applicant submits the application;
  • (b) does not prohibit the replacement of an authority pole in the designated area; and
  • (c) permits a wireless provider to seek a waiver, that is administered in a nondiscriminatory manner, of the undergrounding requirement for the placement of a new utility pole to support a small wireless facility.

Enacted by Chapter 299, 2018 General Session