Section 303 - Exceptions to permitting.

UT Code § 54-21-303 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) Except as provided in Subsection (2), an authority may not require a wireless provider to submit an application, obtain a permit, or pay a rate for: (a) routine maintenance; (b) the replacement of a small wireless facility with a small wireless facility that is substantially similar or smaller in size; or (c) the installation, placement, maintenance, operation, or replacement of a micro wireless facility that is strung on a cable between existing utility poles, in compliance with the National Electrical Safety Code.

(a) routine maintenance;

(b) the replacement of a small wireless facility with a small wireless facility that is substantially similar or smaller in size; or

(c) the installation, placement, maintenance, operation, or replacement of a micro wireless facility that is strung on a cable between existing utility poles, in compliance with the National Electrical Safety Code.

(2) (a) An authority may require a wireless provider to obtain a permit in accordance with Section 72-7-102 for work that requires excavation or closing of sidewalks or vehicular lanes in a public right-of-way. (b) If an authority requires a permit under Subsection (2)(a), the authority shall process and approve the permit within the same time period the authority processes and approves a permit for all other types of entities.

(a) An authority may require a wireless provider to obtain a permit in accordance with Section 72-7-102 for work that requires excavation or closing of sidewalks or vehicular lanes in a public right-of-way.

(b) If an authority requires a permit under Subsection (2)(a), the authority shall process and approve the permit within the same time period the authority processes and approves a permit for all other types of entities.

(3) (a) An authority may require advance notice of an activity described in Subsection (1). (b) A wireless provider may replace or upgrade a utility pole only with the approval of the utility pole's owner.

(a) An authority may require advance notice of an activity described in Subsection (1).

(b) A wireless provider may replace or upgrade a utility pole only with the approval of the utility pole's owner.