§ 54-21-201 Applicability
§ 54-21-202 Prohibition on exclusive use
§ 54-21-203 Right-of-way rates and fees
§ 54-21-204 Wireless provider right of access
§ 54-21-205 Height limitations in a right-of-way
§ 54-21-206 Decorative poles
§ 54-21-207 Underground district
§ 54-21-208 Historic and design districts
§ 54-21-209 Manner of regulation
§ 54-21-210 Damage and repair

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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