Utah Code 54-21-303. Exceptions to permitting
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(1) Except as provided in Subsection (2), an authority may not require a wireless provider to submit an application, obtain a permit, or pay a rate for:
Terms Used In Utah Code 54-21-303
- 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
- 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- Micro wireless facility: means a type of small wireless facility:
(21)(a) that, not including any antenna, is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height;(21)(b) on which any exterior antenna is no longer than 11 inches; and(21)(c) that only provides Wi-Fi service. See Utah Code 54-21-101- Permit: means a written authorization an authority requires for a wireless provider to perform an action or initiate, continue, or complete a project. See Utah Code 54-21-101
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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) routine maintenance;(1)(b) the replacement of a small wireless facility with a small wireless facility that is substantially similar or smaller in size; or(1)(c) the installation, placement, maintenance, operation, or replacement of a micro wireless facility that is strung on a cable between existing utility poles, in compliance with the National Electrical Safety Code.(2)(2)(a) An authority may require a wireless provider to obtain a permit in accordance with Section 72-7-102 for work that requires excavation or closing of sidewalks or vehicular lanes in a public right-of-way.(2)(b) If an authority requires a permit under Subsection (2)(a), the authority shall process and approve the permit within the same time period the authority processes and approves a permit for all other types of entities.(3)(3)(a) An authority may require advance notice of an activity described in Subsection (1).(3)(b) A wireless provider may replace or upgrade a utility pole only with the approval of the utility pole’s owner. - Authority: means :