§ 29-27-404. Permit Process
For small cell networks involving multiple individual small cell facilities within the jurisdiction of a single local government entity, the local government entity shall allow the applicant, at the applicant’s discretion, to file a consolidated application and receive a single permit for the small cell network instead of filing separate applications for each individual small […]
§ 29-27-101. Legislative Declaration
The general assembly hereby finds and declares that it is the policy of this state to ensure that cable television service, telecommunications service, and high speed internet access, otherwise known as advanced service, are each provided within a consistent, comprehensive, and nondiscriminatory federal, state, and local government framework. The general assembly further finds and declares […]
§ 29-27-102. Definitions
As used in this article, unless the context otherwise requires: “Advanced service” means high-speed internet access capability in excess of two hundred fifty-six kilobits per second both upstream and downstream. “Cable television service” means the one-way transmission to subscribers of video programming or other programming service, as well as subscriber interaction, if any, that is […]
§ 29-27-103. Limitations on Providing Cable Television, Telecommunications, and Advanced Services
Except as provided in this article, a local government shall not: Provide to one or more subscribers cable television service, telecommunications service, or advanced service; or Purchase, lease, construct, maintain, or operate any facility for the purpose of providing cable television service, telecommunications service, or advanced service to one or more subscribers. For purposes of […]
§ 29-27-201. Vote – Referendum
Before a local government may engage or offer to engage in providing cable television service, telecommunications service, or advanced service, an election shall be called on whether or not the local government shall provide the proposed cable television service, telecommunications service, or advanced service. The ballot at an election conducted pursuant to this section shall […]
§ 29-27-202. Exemption for Unserved Areas
A local government shall be exempt from the requirements of this part 2 and may engage or offer to engage in providing cable television service, telecommunications service, or advanced service if: No private provider of cable television service, telecommunications service, or advanced service provides the service anywhere within the boundaries of the local government; The […]
§ 29-27-301. General Operating Limitations
A local government that provides cable television service, telecommunications service, or advanced service under this article shall comply with all state and federal laws, rules, and regulations governing provision of such service by a private provider; except that nothing herein shall be construed to affect the jurisdiction of the public utilities commission with respect to […]
§ 29-27-302. Scope of Article
Nothing in this article shall be construed to authorize any local government to: Provide, directly or indirectly, cable television service, telecommunications service, or advanced service; or Purchase, lease, construct, maintain, or operate a facility for the purpose of providing, directly or indirectly, cable television service, telecommunications service, or advanced service. Nothing in this article shall […]
§ 29-27-303. Enforcement and Appeal
Before an individual subscriber or a private provider that competes with a local government in the geographic boundaries of the local government may file an action in district court for violation of this article, that person shall file a written complaint with the local government. The failure by the local government to issue a final […]
§ 29-27-304. Applicability
This article shall apply to cable television service, telecommunications service, and advanced service and to the purchase, lease, construction, maintenance, or operation of any facility for the purpose of providing such service, for which a local government has not entered into an agreement or otherwise taken any substantial action prior to March 1, 2005, to […]