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Utah Code Title 54. Public Utilities § 54-21-601. General

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) An authority may, to the extent allowed by law and consistent with this chapter, establish rates, fees, and other terms that comply with this chapter by:

(a) implementing an ordinance; or

(b) if applicable, executing an agreement with a wireless provider.

(2) In the absence of an ordinance or agreement that fully complies with this chapter, a wireless provider may install and operate a small wireless facility or a utility pole associated with a small wireless facility:

(a) subject to Section 54-21-602; and

(b) under the requirements of this chapter.

(3) An authority may establish an ordinance or require an agreement to implement this chapter.

(4)(a) Subject to Subsection (4)(b), an authority may require a wireless provider to agree to reasonable and nondiscriminatory indemnification, insurance, or bonding requirements before a wireless provider collocates a small wireless facility in a right-of-way.

(b) An authority may not impose on a wireless provider an indemnification requirement described in Subsection (4)(a) that requires the wireless provider to indemnify the authority for the authority's negligence.

(5) An authority's obligations under this chapter may not be tolled or extended pending the implementation of an ordinance or negotiation of an agreement to implement this chapter.

(6)(a) Nothing in this section prohibits an authority from entering into a written, nondiscriminatory agreement with one or more wireless providers to jointly test certain traffic-related functions, or other technology related to research, using specified assets of the authority or the wireless providers.

(b) An agreement described in Subsection (6)(a) may:

(i) waive certain fees the participating wireless provider would otherwise be required to pay to the authority; or

(ii) allow the participating wireless provider to pay certain fees in cash, in-kind compensation, or in a combination of cash and in-kind compensation.

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Cite this article: FindLaw.com - Utah Code Title 54. Public Utilities § 54-21-601. General - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-54-public-utilities/ut-code-sect-54-21-601/

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