54-21-302. Permitting process, requirements, and limitations.
(1)
An authority may require an applicant to obtain a permit to:
Terms Used In Utah Code 54-21-302
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
Applicant: means a wireless provider who submits an application. See Utah Code 54-21-101
Application: means a request submitted by a wireless provider to an authority for a permit to:
(a)
collocate a small wireless facility in a right-of-way; or
(b)
install, modify, or replace a utility pole or a wireless support structure. See Utah Code 54-21-101
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:
in writing: includes a communication or representation that is handwritten, typewritten, printed, photostated, photographed, or electronic. 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
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
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
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
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
collocate a small wireless facility in a right-of-way; or
(b)
install a new, modified, or replacement utility pole associated with a small wireless facility in a right-of-way, as provided in Section 54-21-204.
(2)
If an authority establishes a permitting process under Subsection (1), the authority:
(a)
shall ensure that a required permit is of general applicability;
(b)
may not require:
(i)
directly or indirectly, that an applicant perform a service or provide a good unrelated to the permit, including reserving fiber, conduit, or pole space for the authority;
(ii)
an applicant to provide more information to obtain a permit than a communications service provider that is not a wireless provider or a utility, except to the extent the applicant is required to include construction or engineering drawings or other information to demonstrate the applicant’s application should be not denied under Subsection (7);
(iii)
the placement of a small wireless facility on a specific utility pole or category of poles;
(iv)
multiple antenna systems on a single utility pole; or
(v)
a minimum separation distance, limiting the placement of a small wireless facility; and
(c)
may require an applicant to attest that the small wireless facility will be operational for use by a wireless service provider within 270 days after the day on which the authority issues the permit, except in the case that:
(i)
the authority and the applicant agree to extend the 270-day period; or
(ii)
lack of commercial power or communications transport infrastructure to the site delays completion.
(3)
Within 30 days after the day on which an authority receives an application for the collocation of a small wireless facility or for a new, modified, or replacement utility pole, the authority shall:
(a)
determine whether the application is complete; and
(b)
notify the applicant in writing of the authority’s determination of whether the application is complete.
(4)
If an authority determines, within the applicable time period described in Subsection (3), that an application is incomplete:
(a)
the authority shall specifically identify the missing information in the written notification sent to the applicant under Subsection (3)(b); and
(b)
the processing deadline in Subsection (6) is tolled:
(i)
from the day on which the authority sends the applicant the written notice to the day on which the authority receives the applicant’s missing information; or
(ii)
as the applicant and the authority agree.
(5)
An application for a small wireless facility expires if:
(a)
the authority notifies the wireless provider that the wireless provider’s application is incomplete, in accordance with Subsection (4); and
(b)
the wireless provider fails to respond within 90 days after the day on which the authority notifies the wireless provider under Subsection (5)(a).
(6)
(a)
An authority shall:
(i)
process an application on a nondiscriminatory basis; and
(ii)
approve or deny an application:
(A)
for the collocation of a small wireless facility, within 60 days after the day on which the authority receives the complete application; and
(B)
for a new, modified, or replacement utility pole, within 105 days after the day on which the authority receives the complete application.
(b)
If an authority fails to approve or deny an application within the applicable time period described in Subsection (6)(a)(ii), the application is approved.
(c)
Notwithstanding Subsections (6)(a) and (b), an authority may extend the applicable period described in Subsection (6)(a)(ii) for a single additional period of 10 business days, if the authority notifies the applicant before the day on which approval or denial is originally due.
(7)
An authority may deny an application to collocate a small wireless facility or to install, modify, or replace a utility pole that meets the height limitations under Section 54-21-205, only if the action requested in the application:
(a)
materially interferes with the safe operation of traffic control equipment;
(b)
materially interferes with a sight line or a clear zone for transportation or pedestrians;
(c)
materially interferes with compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., or a similar federal or state standard regarding pedestrian access or movement;
(d)
fails to comply with applicable laws or legal obligations;
(e)
creates a public health or safety hazard; or
(f)
obstructs or hinders the usual travel or public safety of the right-of-way.
(8)
(a)
If an authority denies an application under Subsection (7), the authority shall:
(i)
document the basis for the denial, including any specific law on which the denial is based; and
(ii)
send the documentation described in Subsection (8)(a)(i) to the applicant on or before the day on which the authority denies the application.
(b)
Within 30 days after the day on which an authority denies an application, the applicant may, without paying an additional application fee:
(i)
cure any deficiency the authority identifies in the applicant’s application; and
(ii)
resubmit the application.
(c)
(i)
An authority shall approve or deny an application revised in accordance with Subsection (8)(b) within 30 days after the day on which the authority receives the revised application.
(ii)
A review of an application revised in accordance with Subsection (8)(b) is limited to the deficiencies documented as the basis for denial unless the applicant has changed another portion of the application.
(9)
(a)
Subject to Subsections (9)(b) and (c), if an applicant seeks to:
(i)
collocate multiple small wireless facilities within a single authority, the authority shall allow the applicant, at the applicant’s discretion, to file a consolidated application for the collocation of up to 25 small wireless facilities, if all of the small wireless facilities in the consolidated application are:
(A)
substantially the same type; and
(B)
proposed for collocation on substantially the same types of structures; or
(ii)
install, modify, or replace multiple utility poles within a single authority, the authority shall allow the applicant, at the applicant’s discretion, to file a consolidated application for the installation, modification, or replacement of up to 25 utility poles.
(b)
An applicant may not file within a 30-day period:
(i)
with a category one authority, more than:
(A)
three consolidated applications; or
(B)
multiple applications that collectively seek permits for a combined total of more than 75 small wireless facilities and utility poles; or
(ii)
with a category two authority, more than:
(A)
one consolidated application; or
(B)
multiple applications that collectively seek permits for a combined total of more than 25 small wireless facilities and utility poles.
(c)
A consolidated application described in Subsection (9)(a) may not combine applications solely for collocation of small wireless facilities on existing utility poles with applications for the installation, modification, or replacement of a utility pole.
(d)
If an authority denies the application for one or more utility poles, or one or more small wireless facilities, in a consolidated application, the authority may not use the denial as a basis to delay the application process of any other utility pole or small wireless facility in the same consolidated application.
(10)
A wireless provider shall complete the installation or collocation for which a permit is granted under this part within 270 days after the day on which the authority issues the permit, unless:
(a)
the authority and the applicant agree to extend the one-year period; or
(b)
lack of commercial power or communications facilities at the site delays completion.
(11)
Approval of an application authorizes the applicant to:
(a)
collocate or install a small wireless facility or utility pole, as requested in the application; and
(b)
subject to applicable relocation requirements and the applicant’s right to terminate at any time, operate and maintain for a period of at least 10 years:
(i)
any small wireless facility covered by the permit; and
(ii)
any utility pole covered by the permit.
(12)
If there is no basis for denial under Subsection (7), an authority shall grant the renewal of an application under this section for an equivalent duration.
(13)
An authority may not institute, either expressly or de facto, a moratorium on filing, receiving, or processing an application, or issuing a permit or another approval, if any, for:
(a)
the collocation of a small wireless facility; or
(b)
the installation, modification, or replacement of a utility pole to support a small wireless facility.
(14)
The approval of the installation, placement, maintenance, or operation of a small wireless facility, in accordance with this chapter, does not authorize:
(a)
the provision of a communications service in the right-of-way; or
(b)
the installation, placement, or operation of a facility, other than the approved small wireless facility, in the right-of-way.
