Utah Code 54-21-202. Prohibition on exclusive use
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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
Terms Used In Utah Code 54-21-202
- Authority: means :(6)(a)(i) the state;(6)(a)(ii) a state agency;(6)(a)(iii) a county;(6)(a)(iv) a municipality;(6)(a)(v) a town;(6)(a)(vi) a metrotownship;(6)(a)(vii) a subdivision of an entity described in Subsections (6)(a)(i) through (vi); or(6)(a)(viii) a special district or entity established to provide a single public service within a specific geographic area, including:(6)(a)(viii)(A) a public utility district; or(6)(a)(viii)(B) an irrigation district. See Utah Code 54-21-101
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Right-of-way: means the area on, below, or above a public:
(24)(a)(i) roadway;(24)(a)(ii) highway;(24)(a)(iii) street;(24)(a)(iv) sidewalk;(24)(a)(v) alley; or(24)(a)(vi) property similar to property listed in Subsections (24)(a)(i) through (v). See Utah Code 54-21-101- Small wireless facility: means a type of wireless facility:
(25)(a) on which each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and(25)(b) for which all wireless equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet in volume, not including any:(25)(b)(i) electric meter;(25)(b)(ii) concealment element;(25)(b)(iii) telecommunications demarcation box;(25)(b)(iv) grounding equipment;(25)(b)(v) power transfer switch;(25)(b)(vi) cut-off switch;(25)(b)(vii) vertical cable run for the connection of power or other service;(25)(b)(viii) wireless provider antenna; or(25)(b)(ix) coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility. See Utah Code 54-21-101- Utility pole: means a pole or similar structure that:
(28)(a)(i) is in a right-of-way; and(28)(a)(ii) is or may be used, in whole or in part, for:(28)(a)(ii)(A) wireline communications;(28)(a)(ii)(B) electric distribution;(28)(a)(ii)(C) lighting;(28)(a)(ii)(D) traffic control;(28)(a)(ii)(E) signage;(28)(a)(ii)(F) a similar function to a function described in Subsections (28)(a)(ii)(A) through (E); or(28)(a)(ii)(G) the collocation of a small wireless facility. See Utah Code 54-21-101(2) the installation, operation, marketing, modification, maintenance, or replacement of a utility pole. - Person: means :