Utah Code 54-21-209. Manner of regulation
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(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.
Terms Used In Utah Code 54-21-209
- 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
- Nondiscriminatory: means treating similarly situated entities the same absent a reasonable, and competitively neutral basis, for different treatment. See Utah Code 54-21-101
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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- Wireless provider: means a wireless infrastructure provider or a wireless service provider. See Utah Code 54-21-101
(2) Any term or condition an authority imposes on a right-of-way user may not:(2)(a) be unreasonable or discriminatory; or(2)(b) violate an applicable legal obligation or law.