Underground district.

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  • (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.




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