54-21-602. Noncompliant agreements and ordinances.
246 words·~1 min read·
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Effective 9/1/2018
54-21-602. Noncompliant agreements and ordinances.
(1)An agreement or ordinance that does not fully comply with this chapter and applies to a small wireless facility or a utility pole that is operational or installed before May 11, 2018:
(a)may not be renewed or extended unless the agreement is modified to fully comply with this chapter; and
(b)is invalid and unenforceable beginning November 8, 2018, unless the agreement or ordinance is modified before November 8, 2018, to fully comply with this chapter.
(2)An agreement or ordinance entered into or passed before May 11, 2018, that does not fully comply with this chapter and applies to a small wireless facility or a utility pole that was not operational or installed before May 11, 2018, is invalid and unenforceable:
(a)beginning May 11, 2018; and
(b)until the agreement or ordinance is modified to fully comply with this chapter.
(3)If an agreement or ordinance is invalid in accordance with this section, until an agreement or ordinance that fully complies with this chapter is entered or adopted:
(a)a small wireless facility or a utility pole that is operational or installed before May 11, 2018, may remain installed and operate under the requirements of this chapter; and
(b)a small wireless facility or utility pole may become operational or be installed in the right-of-way on or after May 11, 2018, under the requirements of this chapter.
Enacted by Chapter 299 , 2018 General Session