General.

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  • (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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