§ 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 […]
§ 29-27-401. Legislative Declaration
The general assembly finds and declares that: The permitting, construction, modification, maintenance, and operation of broadband facilities are critical to ensuring that all citizens in the state have true access to advanced technology and information; These facilities are critical to ensuring that businesses and schools throughout the state remain competitive in the global economy; and […]
§ 29-27-402. Definitions
As used in this part 4, unless the context otherwise requires: “Antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals used to provide wireless service. (1.5) “Broadband facility” means any infrastructure used to deliver broadband service or for the provision of broadband service. “Broadband service” has the same meaning as set forth […]
§ 29-27-403. Permit – Approval – Deadline – Exception
A local government may take up to: Ninety days to process a complete application for: Location or collocation of a small cell facility or a small cell network; or Replacement or modification of a small cell facility or facilities or small cell network. Ninety days to process a complete application that involves a collocation of […]
§ 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 […]