An authority may, to the extent allowed by law and consistent with this chapter, establish rates, fees, and other terms that comply with this chapter by:
Terms Used In Utah Code 54-21-601
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
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:
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
Nondiscriminatory: means treating similarly situated entities the same absent a reasonable, and competitively neutral basis, for different treatment. See Utah Code 54-21-101
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)
implementing an ordinance; or
(b)
if applicable, executing an agreement with a wireless provider.
(2)
In the absence of an ordinance or agreement that fully complies with this chapter, a wireless provider may install and operate a small wireless facility or a utility pole associated with a small wireless facility:
An authority may establish an ordinance or require an agreement to implement this chapter.
(4)
(a)
Subject to Subsection (4)(b), an authority may require a wireless provider to agree to reasonable and nondiscriminatoryindemnification, insurance, or bonding requirements before a wireless provider collocates a small wireless facility in a right-of-way.
(b)
An authority may not impose on a wireless provider an indemnification requirement described in Subsection (4)(a) that requires the wireless provider to indemnify the authority for the authority’s negligence.
(5)
An authority’s obligations under this chapter may not be tolled or extended pending the implementation of an ordinance or negotiation of an agreement to implement this chapter.
(6)
(a)
Nothing in this section prohibits an authority from entering into a written, nondiscriminatory agreement with one or more wireless providers to jointly test certain traffic-related functions, or other technology related to research, using specified assets of the authority or the wireless providers.
(b)
An agreement described in Subsection (6)(a) may:
(i)
waive certain fees the participating wireless provider would otherwise be required to pay to the authority; or
(ii)
allow the participating wireless provider to pay certain fees in cash, in-kind compensation, or in a combination of cash and in-kind compensation.
