(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 authority:

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Terms Used In Utah Code 54-21-203

  • 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
  • Collocate: means to install, mount, maintain, modify, operate, or replace a small wireless facility:
         (11)(a) on a wireless support structure or utility pole; or
         (11)(b) for ground-mounted equipment, adjacent to a wireless support structure or utility pole. See Utah Code 54-21-101
  • Fee: means a one-time, nonrecurring charge. See Utah Code 54-21-101
  • Nondiscriminatory: means treating similarly situated entities the same absent a reasonable, and competitively neutral basis, for different treatment. See Utah Code 54-21-101
  • Rate: means a recurring charge. See Utah Code 54-21-101
  • 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
  • Wireless facility: means equipment at a fixed location that enables wireless communication between user equipment and a communications network, including:
              (29)(a)(i) equipment associated with wireless communications; and
              (29)(a)(ii) regardless of the technological configuration, a radio transceiver, an antenna, a coaxial or fiber-optic cable, a regular or backup power supply, or comparable equipment. See Utah Code 54-21-101
  • Wireless provider: means a wireless infrastructure provider or a wireless service provider. See Utah Code 54-21-101
     (1)(a) charges all other similarly situated wireless providers for use of the right-of-way; and
     (1)(b) charges only the rate or fee in accordance with Part 5, Rates and Fees.
(2) An authority may, on a nondiscriminatory basis, refrain from charging a rate or fee to a wireless provider for the use of a right-of-way.