§ 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 […]
§ 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 […]