54-21-207. Underground district.
148 words·~1 min read·
/ut/title-54/chapter-21/54-21-207A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 9/1/2018
54-21-207. Underground district.
A wireless provider shall comply with an authority's prohibition on a communications service provider installing a structure in the right-of-way in an area designated solely for underground or buried cable and utility facilities, if:
(1)the prohibition is reasonable and nondiscriminatory; and
(2)the authority:
(i)requires that all cable and utility facilities, other than an authority pole and attachment, be placed underground; and
(ii)establishes the requirement in Subsection (2)(a)(i) more than 90 days before the day on which the applicant submits the application;
(b)does not prohibit the replacement of an authority pole in the designated area; and
(c)permits a wireless provider to seek a waiver, that is administered in a nondiscriminatory manner, of the undergrounding requirement for the placement of a new utility pole to support a small wireless facility.
Enacted by Chapter 299 , 2018 General Session