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

  • Administrator: means the same as that term is defined in Subsection (179). See Utah Code 31A-1-301
  • Admitted assets: is a s defined by and is measured in accordance with the National Association of Insurance Commissioner's Statements of Statutory Accounting Principles, as incorporated in this state by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the purposes of Subsection 31A-4-113(1)(b)(ii). See Utah Code 31A-27a-102
  • Affected guaranty association: means a guaranty association that is or may become liable for payment of a covered claim. See Utah Code 31A-27a-102
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
  • Agency: means :
    (a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
    (b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • alien insurer: means an insurer incorporated or organized under the laws of a jurisdiction that is not a state. See Utah Code 31A-27a-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
  • Application: means a document:
    (a) 
    (i) completed by an applicant to provide information about the risk to be insured; and
    (ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
    (A) insure the risk under:
    (I) the coverage as originally offered; or
    (II) a modification of the coverage as originally offered; or
    (B) decline to insure the risk; or
    (b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
  • 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.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of 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
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Binder: means the same as that term is defined in Section 31A-21-102. See Utah Code 31A-1-301
  • business of insurance: includes any of the following acts, whether effected by mail, electronic means, or otherwise:
    (a) issuing or delivering a contract, certificate, or binder relating to insurance or annuities:
    (i) to a person who is resident in this state; or
    (ii) covering a risk located in this state;
    (b) soliciting an application for the contract, certificate, or binder described in Subsection (11)(a);
    (c) negotiating preliminary to the execution of the contract, certificate, or binder described in Subsection (11)(a);
    (d) collecting premiums, membership fees, assessments, or other consideration for the contract, certificate, or binder described in Subsection (11)(a);
    (e) transacting matters:
    (i) subsequent to execution of the contract, certificate, or binder described in Subsection (11)(a); and
    (ii) arising out of the contract, certificate, or binder described in Subsection (11)(a);
    (f) operating as an insurer under a license or certificate of authority issued by the department; or
    (g) engaging in an act identified in Chapter 15, Unauthorized Insurers, Surplus Lines, and Risk Retention Groups. See Utah Code 31A-27a-102
  • 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
  • Certificate: means evidence of insurance given to:
    (a) an insured under a group insurance policy; or
    (b) a third party. See Utah Code 31A-1-301
  • 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
  • Commissioner: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
  • Commodity contract: means :
    (a) a contract for the purchase or sale of a commodity for future delivery on, or subject to the rules of:
    (i) a board of trade or contract market under the Commodity Exchange Act, 7 U. See Utah Code 31A-27a-102
  • 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • consultant: means a person who:
    (a) advises another person about insurance needs and coverages;
    (b) is compensated by the person advised on a basis not directly related to the insurance placed; and
    (c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
  • 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
  • Corporation: means an insurance corporation, except when referring to:
    (i) a corporation doing business:
    (A) as:
    (I) an insurance producer;
    (II) a surplus lines producer;
    (III) a limited line producer;
    (IV) a consultant;
    (V) a managing general agent;
    (VI) a reinsurance intermediary;
    (VII) a third party administrator; or
    (VIII) an adjuster; and
    (B) under:
    (I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;
    (II) Chapter 25, Third Party Administrators; or
    (III) Chapter 26, Insurance Adjusters; or
    (ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • creditor: means a person having a claim against an insurer whether the claim is:
    (a) matured or not matured;
    (b) liquidated or unliquidated;
    (c) secured or unsecured;
    (d) absolute; or
    (e) fixed or contingent. See Utah Code 31A-27a-102
  • 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.
  • Delinquency proceeding: means a:
    (a) proceeding instituted against an insurer for the purpose of rehabilitating or liquidating the insurer; and
    (b) summary proceeding under Section 31A-27a-201. See Utah Code 31A-27a-102
  • Department: is a s defined in Section 31A-1-301 unless the context requires otherwise. See Utah Code 31A-27a-102
  • 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
  • Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
  • 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
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fee: means a one-time, nonrecurring charge. See Utah Code 54-21-101
  • Filed: means that a filing is:
    (i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
    (ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
    (iii) accompanied by the appropriate fee in accordance with:
    (A) Section 31A-3-103; or
    (B) rule. See Utah Code 31A-1-301
  • Filing: when used as a noun, means an item required to be filed with the department including:
    (a) a policy;
    (b) a rate;
    (c) a form;
    (d) a document;
    (e) a plan;
    (f) a manual;
    (g) an application;
    (h) a report;
    (i) a certificate;
    (j) an endorsement;
    (k) an actuarial certification;
    (l) a licensee annual statement;
    (m) a licensee renewal application;
    (n) an advertisement;
    (o) a binder; or
    (p) an outline of coverage. See Utah Code 31A-1-301
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Form: means one of the following prepared for general use:
    (i) a policy;
    (ii) a certificate;
    (iii) an application;
    (iv) an outline of coverage; or
    (v) an endorsement. See Utah Code 31A-1-301
  • Forward contract: is a s defined in the Federal Deposit Insurance Act, 12 U. See Utah Code 31A-27a-102
  • General assets: includes the property of the estate or its proceeds in excess of the amount necessary to discharge a claim described in Subsection (18)(a). See Utah Code 31A-27a-102
  • Good faith: means honesty in fact and intention, and in regard to Part 5, Asset Recovery, also requires the absence of:
    (a) information that would lead a reasonable person in the same position to know that the insurer is financially impaired or insolvent; and
    (b) knowledge regarding the imminence or pendency of a delinquency proceeding against the insurer. See Utah Code 31A-27a-102
  • Gross revenue: means the same as gross receipts from telecommunications service is defined in Section 10-1-402. See Utah Code 54-21-101
  • Guaranty association: means :
    (a) a mechanism mandated by Chapter 28, Guaranty Associations; or
    (b) a similar mechanism in another state that is created for the payment of claims or continuation of policy obligations of a financially impaired or insolvent insurer. See Utah Code 31A-27a-102
  • Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
    (a) a professional service;
    (b) a personal service;
    (c) a facility;
    (d) equipment;
    (e) a device;
    (f) supplies; or
    (g) medicine. See Utah Code 31A-1-301
  • Highway: includes :Utah Code 68-3-12.5
  • Historic district: means a group of buildings, properties, or sites that are:
    (a) in accordance with 47 C. See Utah Code 54-21-101
  • Impaired: means that an insurer:
    (a) does not have admitted assets at least equal to the sum of:
    (i) all its liabilities; and
    (ii) the minimum surplus required to be maintained by Section 31A-5-211 or 31A-8-209; or
    (b) has a total adjusted capital that is less than its authorized control level RBC, as defined in Section 31A-17-601. See Utah Code 31A-27a-102
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insolvent: means that an insurer:
    (a) is unable to pay its obligations when they are due;
    (b) does not have admitted assets at least equal to all of its liabilities; or
    (c) has a total adjusted capital that is less than its mandatory control level RBC, as defined in Section 31A-17-601. See Utah Code 31A-27a-102
  • 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
  • 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 who:
    (a) is doing, has done, purports to do, or is licensed to do the business of insurance;
    (b) is or has been subject to the authority of, or to rehabilitation, liquidation, reorganization, supervision, or conservation by an insurance commissioner; or
    (c) is included under Section 31A-27a-104. See Utah Code 31A-27a-102
  • Interinsurance exchange: means the same as that term is defined in Subsection (160). 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 68-3-12.5
  • Liabilities: is a s defined by and is measured in accordance with the National Association of Insurance Commissioner's Statements of Statutory Accounting Principles, as incorporated in this state by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the purposes of Subsection 31A-4-113(1)(b)(ii). See Utah Code 31A-27a-102
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Netting agreement: includes :
    (i) a term or condition incorporated by reference in the contract or agreement described in Subsection (25)(a); or
    (ii) a master agreement described in Subsection (25)(a). See Utah Code 31A-27a-102
  • 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
  • Party in interest: means :
    (a) the commissioner;
    (b) a nondomiciliary commissioner in whose state the insurer has outstanding claims liabilities;
    (c) an affected guaranty association; and
    (d) the following parties if the party files a request with the receivership court for inclusion as a party in interest and to be on the service list:
    (i) an insurer that ceded to or assumed business from the insurer;
    (ii) a policyholder;
    (iii) a third party claimant;
    (iv) a creditor;
    (v) a 10% or greater equity security holder in the insolvent insurer; and
    (vi) a person, including an indenture trustee, with a financial or regulatory interest in the delinquency proceeding. See Utah Code 31A-27a-102
  • 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: 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
  • Person: means :Utah Code 68-3-12.5
  • Policy: includes all clauses, riders, endorsements, and papers that are a part of a policy. See Utah Code 31A-27a-102
  • Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
  • Premium: includes , however designated:
    (i) an assessment;
    (ii) a membership fee;
    (iii) a required contribution; or
    (iv) monetary consideration. See Utah Code 31A-1-301
  • Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • property of the estate: includes :
    (a) a right, title, or interest of the insurer in property:
    (i) whether:
    (A) legal or equitable;
    (B) tangible or intangible; or
    (C) choate or inchoate; and
    (ii) including choses in action, contract rights, and any other interest recognized under the laws of this state;
    (b) entitlements that exist before the entry of an order of rehabilitation or liquidation;
    (c) entitlements that may arise by operation of this chapter or other provisions of law allowing the receiver to avoid prior transfers or assert other rights; and
    (d) 
    (i) records or data that is otherwise the property of the insurer; and
    (ii) records or data similar to those described in Subsection (30)(d)(i) that are within the possession, custody, or control of a managing general agent, a third party administrator, a management company, a data processing company, an accountant, an attorney, an affiliate, or other person. See Utah Code 31A-27a-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
  • qualified financial contract: means any of the following:
    (a) a commodity contract;
    (b) a forward contract;
    (c) a repurchase agreement;
    (d) a securities contract;
    (e) a swap agreement; or
    (f) a similar agreement that the commissioner determines by rule or order to be a qualified financial contract for purposes of this chapter. See Utah Code 31A-27a-102
  • Rate: means :
    (i) the cost of a given unit of insurance; or
    (ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
    (A) a single number; or
    (B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
    (I) expenses;
    (II) profit; and
    (III) individual insurer variation in loss experience. See Utah Code 31A-1-301
  • Rate: means a recurring charge. See Utah Code 54-21-101
  • receiver: means the commissioner or the commissioner's designee, including a rehabilitator, liquidator, or ancillary receiver. See Utah Code 31A-27a-102
  • receivership: means a rehabilitation, liquidation, or ancillary receivership. See Utah Code 31A-27a-102
  • receivership court: refers to the court in which a delinquency proceeding is pending. See Utah Code 31A-27a-102
  • Record: when used as a noun, means information or data, in whatever form maintained, including:
    (a) a book;
    (b) a document;
    (c) a paper;
    (d) a file;
    (e) an application file;
    (f) a policyholder list;
    (g) policy information;
    (h) a claim or claim file;
    (i) an account;
    (j) a voucher;
    (k) a litigation file;
    (l) a premium record;
    (m) a rate book;
    (n) an underwriting manual;
    (o) a personnel record;
    (p) a financial record; or
    (q) other material. See Utah Code 31A-27a-102
  • Reinsurance: means a transaction or contract under which an assuming insurer agrees to indemnify a ceding insurer against all, or a part, of a loss that the ceding insurer may sustain under the one or more policies that the ceding insurer issues or will issue. See Utah Code 31A-27a-102
  • Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
  • Repurchase agreement: is a s defined in the Federal Deposit Insurance Act, 12 U. See Utah Code 31A-27a-102
  • 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
  • Secured claim: means , subject to Subsection (39)(b):
    (i) a claim secured by an asset that is not a general asset; or
    (ii) the right to set off as provided in Section 31A-27a-510. See Utah Code 31A-27a-102
  • Securities contract: is a s defined in the Federal Deposit Insurance Act, 12 U. See Utah Code 31A-27a-102
  • Security: means a:
    (i) note;
    (ii) stock;
    (iii) bond;
    (iv) debenture;
    (v) evidence of indebtedness;
    (vi) certificate of interest or participation in a profit-sharing agreement;
    (vii) collateral-trust certificate;
    (viii) preorganization certificate or subscription;
    (ix) transferable share;
    (x) investment contract;
    (xi) voting trust certificate;
    (xii) certificate of deposit for a security;
    (xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
    (xiv) commodity contract or commodity option;
    (xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (167)(a)(i) through (xiv); or
    (xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
  • 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
  • Special deposit: means a deposit established pursuant to statute for the security or benefit of a limited class or classes of persons. See Utah Code 31A-27a-102
  • State: means a state, district, or territory of the United States. See Utah Code 31A-27a-102
  • 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
  • Statute: A law passed by a legislature.
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
  • Swap agreement: is a s defined in the Federal Deposit Insurance Act, 12 U. See Utah Code 31A-27a-102
  • 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
  • Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
  • Total adjusted capital: means the sum of an insurer's or health organization's statutory capital and surplus as determined in accordance with:
    (a) the statutory accounting applicable to the annual financial statements required to be filed under Section 31A-4-113; and
    (b) another item provided by the RBC instructions, as RBC instructions is defined in Section 31A-17-601. See Utah Code 31A-1-301
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Transfer: includes the sale and every other and different mode of disposing of or parting with property or with an interest in property, whether:
    (i) directly or indirectly;
    (ii) absolutely or conditionally;
    (iii) voluntarily or involuntarily; or
    (iv) by or without judicial proceedings. See Utah Code 31A-27a-102
  • Trustee: means "director" when referring to the board of directors of a corporation. See Utah Code 31A-1-301
  • United States: includes each state, district, and territory of the United States of America. 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
    (G) the collocation of a small wireless facility. See Utah Code 54-21-101
  • Venue: The geographical location in which a case is tried.
  • 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 infrastructure provider: includes a person authorized to provide a telecommunications service in the state. 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
  • Wireline backhaul facility: means a facility used to transport communications by wire from a wireless facility to a communications network. See Utah Code 54-21-101
  • Writing: includes :Utah Code 68-3-12.5
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