Title 54, Title 54: Public Utilities

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 replacem…

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 …

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: collocate a small…

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 t…

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.

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 prohi…

54-21-208. Historic and design districts. (1) Subject to the permit process described in Section, an authority may require a reasonable, technically feasible, nondiscriminatory, or technologically neutral design or concealment measure in an historic district, unless the facility …

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: be unreasonab…

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 auth…

54-21-301. Applicability -- General. (1) This part applies to: the collocation of a small wireless facility in a right-of-way; the collocation of a small wireless facility on a wireless support structure in a right-of-way; and the installation, modification, or replacement of a u…

54-21-302. Permitting process, requirements, and limitations. (1) An authority may require an applicant to obtain a permit to: collocate a small wireless facility in a right-of-way; or install a new, modified, or replacement utility pole associated with a small wireless facility …

54-21-303. Exceptions to permitting. (1) Except as provided in Subsection, an authority may not require a wireless provider to submit an application, obtain a permit, or pay a rate for: (2) routine maintenance; the replacement of a small wireless facility with a small wireless fa…

54-21-401. Applicability. This part applies to activities of a wireless provider within a right-of-way.

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 purcha…

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

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.

54-21-502. Right-of-way rates. (1) Except as described in Subsection, an authority may not require a wireless provider to pay any rate, fee, or compensation to the authority, or to any other person, beyond what is expressly authorized in this chapter, for the right to use or occu…

54-21-503. Application fees. (1) An authority may charge an application fee, if: a similar fee is required for similar types of commercial development or construction within the authority's jurisdiction; the costs to be recovered by an application fee are not already recovered by…

54-21-504. Authority pole collocation rate. The rate to collocate a small wireless facility on an authority pole is $50 per year, per authority pole.

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: implementing an ordinance; or if applicable, executing an agreement with a wireless provider. (2) In t…

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: may not be renewed or extended unless the…

54-21-603. Relocation. (1) Notwithstanding any provision to the contrary, an authority may require a wireless provider to relocate or adjust a small wireless facility in a public right-of-way: in a timely manner; and without cost to the authority owning the public right-of-way. (…