1. (1) Except as described in Subsection (2), an authority may not require a wireless provider to pay any rate, fee, or compensation to the authority, or to any other person, beyond what is expressly authorized in this chapter, for the right to use or occupy a right-of-way:

   1. (a) for the collocation of a small wireless facility on a utility pole in the right-of-way; or
   2. (b) for the installation, operation, modification, maintenance, or replacement of a utility pole in the right-of-way.

2. (2)

   1. (a) An authority may charge a wireless provider a rate for the right to use or occupy a right-of-way as described in Subsection (1), if, except as provided in Subsection 54-21-601(6), the rate is:

      1. (i) fair and reasonable;
      2. (ii) competitively neutral;
      3. (iii) nondiscriminatory;
      4. (iv) directly related to the wireless provider's actual use of the right-of-way; and

      5. (v) not more than the greater of:

         1. (A) 3.5% of all gross revenue related to the wireless provider's use of the right-of-way for small wireless facilities; or
         2. (B) $250 annually for each small wireless facility.
   2. (b) A wireless provider subject to a rate under this Subsection (2) shall remit payments to the authority on a monthly basis.
   3. (c) A rate charged in accordance with Subsection (2)(a)(v) is presumed to be fair and reasonable.
3. (3) Notwithstanding Subsection (2), an authority may not require a wireless provider to pay an additional rate, fee, or compensation for the right to use or occupy a right-of-way as described in Subsection (1), if the wireless provider is subject to the municipal telecommunications license tax under Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act.

Enacted by Chapter 299, 2018 General Session