Subject to the permitprocess described in Section 54-21-302, an authority may require a reasonable, technically feasible, nondiscriminatory, or technologically neutral design or concealment measure in an historic district, unless the facility is excluded from evaluation for effects on historic properties under 47 C.F.R. § 1.1307(a)(4).
Terms Used In Utah Code 54-21-208
Authority: means :
(i)
the state;
(ii)
a state agency;
(iii)
a county;
(iv)
a municipality;
(v)
a town;
(vi)
a metrotownship;
(vii)
a subdivision of an entity described in Subsections (6)(a)(i) through (vi); or
(viii)
a special district or entity established to provide a single public service within a specific geographic area, including:
Nondiscriminatory: means treating similarly situated entities the same absent a reasonable, and competitively neutral basis, for different treatment. See Utah Code 54-21-101
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
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
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
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:
(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
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
Wireless provider: means a wireless infrastructure provider or a wireless service provider. See Utah Code 54-21-101
(2)
A design or concealment measure described in Subsection (1) may not:
(a)
have the effect of prohibiting a provider’s technology; or
(b)
be considered a part of the small wireless facility for purposes of the size parameters in the definition of a small wireless facility.
(3)
(a)
A wireless provider shall obtain advance approval from an authority before collocating a new small wireless facility or installing a new utility pole in an area that is zoned or otherwise designated as an historic district or a design district.
(b)
As a condition for approval of a new small wireless facility or a new utility pole in an historic district or a design district, an authority may require reasonable design or concealment measures for the new small wireless facility or the new utility pole.
(4)
A wireless provider shall comply with an authority’s reasonable and nondiscriminatory design and aesthetic standards requiring the use of certain camouflage measures in connection with a new small wireless facility in an historic district or a design district, if the camouflage measures are technically and economically feasible consistent with this chapter.
(5)
This section does not limit an authority’s ability to enforce historic preservation zoning regulations consistent with:
(a)
the preservation of local zoning authority under 47 U.S.C. § 332(c)(7);
(b)
the requirements for facility modifications under:
