Utah Code 54-21-205. Height limitations in a right-of-way

54-21-205. Height limitations in a right-of-way.

(1)	A new or modified utility pole that has a collocated small wireless facility, and that is installed in a right-of-way, may not exceed 50 feet above ground level.

Terms Used In Utah Code 54-21-205

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
Right-of-way: means the area on, below, or above a public:

(i)

roadway;

(ii)

highway;

(iii)

street;

(iv)

sidewalk;

(v)

alley; or

(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:

(a)	on which each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and

(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:

(i)	electric meter;

(ii)	concealment element;

(iii)

telecommunications demarcation box;

(iv)	grounding equipment;

(v)	power transfer switch;

(vi)	cut-off switch;

(vii)

vertical cable run for the connection of power or other service;

(viii)

wireless provider antenna; or

(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:

(i)	is in a right-of-way; and

(ii)

is or may be used, in whole or in part, for:

(A)	wireline communications;

(B)	electric distribution;

(C)

lighting;

(D)	traffic control;

(E)

signage;

(F)	a similar function to a function described in Subsections (28)(a)(ii)(A) through (E); or

(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:

(i)	equipment associated with wireless communications; and

(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
(2)	An antenna of a small wireless facility may not extend more than 10 feet above the top of a utility pole existing on or before September 1, 2018.

Enacted by Chapter 299, 2018 General Session

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