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
Effective 9/1/2018 54-21-202. Prohibition on exclusive use. An authority may not enter into an exclusive arrangement with any person for: (1) use of a right-of-way for the collocation of a small wireless facility; or (2) the installation, operation, marketing, modification, maintenance, or replacement of a utility pole. Enacted by Chapter 299, 2018 General Session
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 […]
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 […]
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 […]
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
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 […]
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) […]
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 […]
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 […]
