Utah Code 54-21-209. Manner of regulation

54-21-209. Manner of regulation.

(1)	An authority shall manage a wireless provider‘s use of a right-of-way in a nondiscriminatory manner with regard to any other user of the right-of-way.

Terms Used In Utah Code 54-21-209

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:

(A)	a public utility district; or

(B)

an irrigation district. See 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.

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

Wireless provider: means a wireless infrastructure provider or a wireless service provider. See Utah Code 54-21-101

(2)

Any term or condition an authority imposes on a right-of-way user may not:

(a)	be unreasonable or discriminatory; or

(b)	violate an applicable legal obligation or law.

Enacted by Chapter 299, 2018 General Session

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