Utah Code > Title 54 > Chapter 21 > Part 2 – Use of Right-of-way for Small Wireless Facilities and Utility Poles
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Terms Used In Utah Code > Title 54 > Chapter 21 > Part 2 - Use of Right-of-way for Small Wireless Facilities and Utility Poles
- Antenna: means communications equipment that transmits or receives an electromagnetic radio frequency signal used in the provision of a wireless service. See Utah Code 54-21-101
- 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
- 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- Communications service: means :
(12)(a) a cable service, as defined in Utah Code 54-21-101- Decorative pole: means an authority pole:
(14)(a) that is specially designed and placed for an aesthetic purpose; and(14)(b)(14)(b)(i) on which a nondiscriminatory rule or code prohibits an appurtenance or attachment, other than:(14)(b)(i)(A) a small wireless facility;(14)(b)(i)(B) a specialty designed informational or directional sign; or(14)(b)(i)(C) a temporary holiday or special event attachment; or(14)(b)(ii) on which no appurtenance or attachment has been placed, other than:(14)(b)(ii)(A) a small wireless facility;(14)(b)(ii)(B) a specialty designed informational or directional sign; or(14)(b)(ii)(C) a temporary holiday or special event attachment. See Utah Code 54-21-101- Design district: means an area:
(15)(a) that is zoned or otherwise designated by municipal ordinance or code; and(15)(b) for which the authority maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. See Utah Code 54-21-101- Fee: means a one-time, nonrecurring charge. See Utah Code 54-21-101
- Historic district: means a group of buildings, properties, or sites that are:
(19)(a) in accordance with 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.
- 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
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- 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- Technically feasible: means that by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or the small wireless facility's design or site location, can be implemented without a significant reduction or impairment to the functionality of the small wireless 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