Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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
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)
a similar fee is required for similar types of commercial development or construction within the authority’s jurisdiction;
(b)
the costs to be recovered by an application fee are not already recovered by existing fees, rates, licenses, or taxes paid by the wireless provider; and
(c)
the fee does not include:
(i)
travel expenses incurred by a third party in review of an application; or
(ii)
payment or reimbursement of a third-party rate or fee charged on a contingency basis or a result-based arrangement.
(2)
Subject to Subsection (3), an application fee for collocation of a small wireless facility is limited to the cost of granting a building permit for similar types of commercial development or construction within the authority’s jurisdiction.
(3)
An application fee for the collocation of a small wireless facility on an existing or replacement utility pole may not exceed $100 for each small wireless facility on the same application.
(4)
If the activity is a permitted use described in Section 54-21-204, an application fee may not exceed $250 per application to install, modify, or replace a utility pole associated with a small wireless facility.
(5)
If the activity is not a permitted use described in Section 54-21-204, an application fee may not exceed $1,000 per application to:
(a)
install, modify, or replace a utility pole; or
(b)
install, modify, or replace a new utility pole associated with a small wireless facility.
