Section 204 - Wireless provider right of access.

UT Code § 54-21-204 (2019) (N/A)
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(1) Subject to the provisions of this part, along, across, upon, or under a right-of-way, a wireless provider may, as a permitted use under the authority's zoning regulation and subject only to administrative review: (a) collocate a small wireless facility; or (b) install, operate, modify, maintain, or replace: (i) a utility pole associated with the wireless provider's collocation of a small wireless facility; or (ii) equipment described in Subsections 54-21-101(25)(b)(i) through (ix) required for a wireless provider's collocation of a small wireless facility.

(a) collocate a small wireless facility; or

(b) install, operate, modify, maintain, or replace: (i) a utility pole associated with the wireless provider's collocation of a small wireless facility; or (ii) equipment described in Subsections 54-21-101(25)(b)(i) through (ix) required for a wireless provider's collocation of a small wireless facility.

(i) a utility pole associated with the wireless provider's collocation of a small wireless facility; or

(ii) equipment described in Subsections 54-21-101(25)(b)(i) through (ix) required for a wireless provider's collocation of a small wireless facility.

(2) A small wireless facility or utility pole under Subsection (1) may not: (a) obstruct or hinder the usual travel or public safety on a right-of-way; or (b) obstruct, damage, or interfere with: (i) another utility facility in a right-of-way; or (ii) a utility's use of the utility's facility in a right-of-way.

(a) obstruct or hinder the usual travel or public safety on a right-of-way; or

(b) obstruct, damage, or interfere with: (i) another utility facility in a right-of-way; or (ii) a utility's use of the utility's facility in a right-of-way.

(i) another utility facility in a right-of-way; or

(ii) a utility's use of the utility's facility in a right-of-way.

(3) Construction and maintenance by the wireless provider shall comply with all applicable legal obligations for the protection of underground and overhead utility facilities.