§ 54-21-207. Underground district.

A wireless provider shall comply with an authority's prohibition on a communications service provider installing a structure in the right-of-way in an area designated solely for underground or buried cable and utility facilities, if: (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.