Exceptions to permitting.

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  • (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.
  • (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.
  • (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.




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