(1) An authority may charge an application fee, if:

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Terms Used In Utah Code 54-21-503

  • 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
  • Fee: means a one-time, nonrecurring charge. See Utah Code 54-21-101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Rate: means a recurring charge. 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) a similar fee is required for similar types of commercial development or construction within the authority’s jurisdiction;
     (1)(b) the costs to be recovered by an application fee are not already recovered by existing fees, rates, licenses, or taxes paid by the wireless provider; and
     (1)(c) the fee does not include:

          (1)(c)(i) travel expenses incurred by a third party in review of an application; or
          (1)(c)(ii) payment or reimbursement of a third-party rate or fee charged on a contingency basis or a result-based arrangement.
(2) Subject to Subsection (3), an application fee for collocation of a small wireless facility is limited to the cost of granting a building permit for similar types of commercial development or construction within the authority’s jurisdiction.
(3) An application fee for the collocation of a small wireless facility on an existing or replacement utility pole may not exceed $100 for each small wireless facility on the same application.
(4) If the activity is a permitted use described in Section 54-21-204, an application fee may not exceed $250 per application to install, modify, or replace a utility pole associated with a small wireless facility.
(5) If the activity is not a permitted use described in Section 54-21-204, an application fee may not exceed $1,000 per application to:

     (5)(a) install, modify, or replace a utility pole; or
     (5)(b) install, modify, or replace a new utility pole associated with a small wireless facility.