Part 1 General Provisions 54-21-101 – 54-21-103
Part 2 Use of Right-of-way for Small Wireless Facilities and Utility Poles 54-21-201 – 54-21-210
Part 3 Permitting Process for Small Wireless Facilities 54-21-301 – 54-21-303
Part 4 Access to Authority Poles Within a Right-of-way 54-21-401 – 54-21-403
Part 5 Rates and Fees 54-21-501 – 54-21-504
Part 6 Implementation 54-21-601 – 54-21-603

Terms Used In Utah Code > Title 54 > Chapter 21

  • adjusting: means directing or conducting the investigation, negotiation, or settlement of a claim under an insurance policy, on behalf of an insurer, policyholder, or a claimant under an insurance policy. See Utah Code 31A-26-102
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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
  • Authority pole: means a utility pole owned, managed, or operated by, or on behalf of, an authority. See Utah Code 54-21-101
  • Category one authority: means a single authority with a population of 65,000 or greater. See Utah Code 54-21-101
  • Category two authority: means a single authority with a population of less than 65,000. See Utah Code 54-21-101
  • Collocate: means to install, mount, maintain, modify, operate, or replace a small wireless facility:
    (a) on a wireless support structure or utility pole; or
    (b) for ground-mounted equipment, adjacent to a wireless support structure or utility pole. See Utah Code 54-21-101
  • Commission: means the Public Service Commission. See Utah Code 54-2-1
  • Communications service: means :
    (a) a cable service, as defined in 47 U. See Utah Code 54-21-101
  • Communications service provider: means :
    (a) a cable operator, as defined in 47 U. See Utah Code 54-21-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
  • Decorative pole: means an authority pole:
    (a) that is specially designed and placed for an aesthetic purpose; and
    (b) 
    (i) on which a nondiscriminatory rule or code prohibits an appurtenance or attachment, other than:
    (A) a small wireless facility;
    (B) a specialty designed informational or directional sign; or
    (C) a temporary holiday or special event attachment; or
    (ii) on which no appurtenance or attachment has been placed, other than:
    (A) a small wireless facility;
    (B) a specialty designed informational or directional sign; or
    (C) a temporary holiday or special event attachment. See Utah Code 54-21-101
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dependent: A person dependent for support upon another.
  • Design district: means an area:
    (a) that is zoned or otherwise designated by municipal ordinance or code; and
    (b) for which the authority maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. See Utah Code 54-21-101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Electrical corporation: includes every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electric plant, or in any way furnishing electric power for public service or to its consumers or members for domestic, commercial, or industrial use, within this state. See Utah Code 54-2-1
  • Employee: means :
    (a) an individual employed by an employer; and
    (b) an owner who meets the requirements of Subsection (52)(b)(i). See Utah Code 31A-1-301
  • Fee: means a one-time, nonrecurring charge. See Utah Code 54-21-101
  • Gross revenue: means the same as gross receipts from telecommunications service is defined in Section 10-1-402. See Utah Code 54-21-101
  • Highway: includes :Utah Code 48-2e-1156
  • Historic district: means a group of buildings, properties, or sites that are:
    (a) in accordance with 47 C. See Utah Code 54-21-101
  • in writing: includes a communication or representation that is handwritten, typewritten, printed, photostated, photographed, or electronic. See Utah Code 54-21-101
  • 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
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Insurance: includes :
    (i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
    (ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
    (iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • Insurance adjuster: means a person who directs or conducts the investigation, negotiation, or settlement of a claim under an insurance policy other than life insurance or an annuity, on behalf of an insurer, policyholder, or a claimant under an insurance policy. See Utah Code 31A-1-301
  • Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
    (i) a policyholder;
    (ii) a subscriber;
    (iii) a member; and
    (iv) a beneficiary. See Utah Code 31A-1-301
  • Insurer: means a person doing an insurance business as a principal including:
    (i) a fraternal benefit society;
    (ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3);
    (iii) a motor club;
    (iv) an employee welfare plan;
    (v) a person purporting or intending to do an insurance business as a principal on that person's own account; and
    (vi) a health maintenance organization. See Utah Code 31A-1-301
  • 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.
  • Land: includes :Utah Code 48-2e-1156
  • Liability insurance: includes :
    (i) vehicle liability insurance;
    (ii) residential dwelling liability insurance; and
    (iii) making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • Micro wireless facility: means a type of small wireless facility:
    (a) that, not including any antenna, is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height;
    (b) on which any exterior antenna is no longer than 11 inches; and
    (c) that only provides Wi-Fi service. 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.
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • 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
  • Person: means :Utah Code 48-2e-1156
  • Person: includes :
    (a) an individual;
    (b) a partnership;
    (c) a corporation;
    (d) an incorporated or unincorporated association;
    (e) a joint stock company;
    (f) a trust;
    (g) a limited liability company;
    (h) a reciprocal;
    (i) a syndicate; or
    (j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • Policy: includes a service contract issued by:
    (i) a motor club under Chapter 11, Motor Clubs;
    (ii) a service contract provided under Chapter 6a, Service Contracts; and
    (iii) a corporation licensed under:
    (A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
    (B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Public adjuster: means a person required to be licensed under Section 31A-26-201, who engages in insurance adjusting as a representative of insureds and claimants under insurance policies. See Utah Code 31A-26-102
  • Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
  • Rate: means a recurring charge. See Utah Code 54-21-101
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • 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
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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 48-2e-1156
  • Technically feasible: means that by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or the small wireless facility's design or site location, can be implemented without a significant reduction or impairment to the functionality of the small wireless facility. See Utah Code 54-21-101
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • 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
    (G) the collocation of a small wireless facility. See Utah Code 54-21-101
  • 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
  • Wireless service: includes the use of Wi-Fi. See Utah Code 54-21-101
  • Wireless service provider: means a person who provides a wireless service. See Utah Code 54-21-101
  • Wireless support structure: means an existing or proposed structure that is:
    (i) in a right-of-way; and
    (ii) designed to support or capable of supporting a wireless facility, including a:
    (A) monopole;
    (B) tower, either guyed or self-supporting;
    (C) billboard; or
    (D) building. See Utah Code 54-21-101
  • Writing: includes :Utah Code 48-2e-1156
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