Current through the 2024 Fourth Special Session
Section 54-21-207 - Underground districtA wireless provider shall comply with an authority's prohibition on a communications service provider installing a structure in the right-of-way in an area designated solely for underground or buried cable and utility facilities, if:
(1) the prohibition is reasonable and nondiscriminatory; and(2) the authority: (a)(i) requires that all cable and utility facilities, other than an authority pole and attachment, be placed underground; and(ii) establishes the requirement in Subsection (2)(a)(i) more than 90 days before the day on which the applicant submits the application;(b) does not prohibit the replacement of an authority pole in the designated area; and(c) permits a wireless provider to seek a waiver, that is administered in a nondiscriminatory manner, of the undergrounding requirement for the placement of a new utility pole to support a small wireless facility.Added by Chapter 299, 2018 General Session ,§ 10, eff. 9/1/2018.