1. (1) An authority may charge a wireless provider a rate or fee for the use of a right-of-way to collocate a small wireless facility, or to install, operate, modify, maintain, or replace a utility pole associated with the wireless provider's collocation of a small wireless facility, if the authority:

   1. (a) charges all other similarly situated wireless providers for use of the right-of-way; and
   2. (b) charges only the rate or fee in accordance with Part 5, Rates and Fees.
2. (2) An authority may, on a nondiscriminatory basis, refrain from charging a rate or fee to a wireless provider for the use of a right-of-way.

Enacted by Chapter 299, 2018 General Session