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

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 54-21-207

  • Applicant: means a wireless provider who submits an application. See Utah Code 54-21-101
  • Application: means a request submitted by a wireless provider to an authority for a permit to:
         (5)(a) collocate a small wireless facility in a right-of-way; or
         (5)(b) install, modify, or replace a utility pole or a wireless support structure. See Utah Code 54-21-101
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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
  • Authority pole: means a utility pole owned, managed, or operated by, or on behalf of, an authority. See Utah Code 54-21-101
  • Communications service: means :
         (12)(a) a cable service, as defined in 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
  • 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 provider: means a wireless infrastructure provider or a wireless service provider. See Utah Code 54-21-101
(2) the authority:

     (2)(a)

          (2)(a)(i) requires that all cable and utility facilities, other than an authority pole and attachment, be placed underground; and
          (2)(a)(ii) establishes the requirement in Subsection (2)(a)(i) more than 90 days before the day on which the applicant submits the application;
     (2)(b) does not prohibit the replacement of an authority pole in the designated area; and
     (2)(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.