Except as described in Subsection (2), an authority may not require a wireless provider to pay any rate, fee, or compensation to the authority, or to any other person, beyond what is expressly authorized in this chapter, for the right to use or occupy a right-of-way:
Terms Used In Utah Code 54-21-502
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:
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
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
(a)
for the collocation of a small wireless facility on a utility pole in the right-of-way; or
(b)
for the installation, operation, modification, maintenance, or replacement of a utility pole in the right-of-way.
(2)
(a)
An authority may charge a wireless provider a rate for the right to use or occupy a right-of-way as described in Subsection (1), if, except as provided in Subsection 54-21-601(6), the rate is:
(i)
fair and reasonable;
(ii)
competitively neutral;
(iii)
nondiscriminatory;
(iv)
directly related to the wireless provider’s actual use of the right-of-way; and
(v)
not more than the greater of:
(A)
3.5% of all gross revenue related to the wireless provider’s use of the right-of-way for small wireless facilities; or
(B)
$250 annually for each small wireless facility.
(b)
A wireless provider subject to a rate under this Subsection (2) shall remit payments to the authority on a monthly basis.
(c)
A rate charged in accordance with Subsection (2)(a)(v) is presumed to be fair and reasonable.
(3)
Notwithstanding Subsection (2), an authority may not require a wireless provider to pay an additional rate, fee, or compensation for the right to use or occupy a right-of-way as described in Subsection (1), if the wireless provider is subject to the municipal telecommunications license tax under 4.
