§ 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 […]
§ 29-25-116. Correction of Faulty Notices
In any case that a notice is provided for in this article in which the governing body or bodies find for any reason that due notice was not given, the governing body or bodies shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated; however, the governing […]
§ 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 […]
§ 29-25-117. Department of Transportation and Local Jurisdiction Unimpaired
Nothing in this article shall affect or impair the control and jurisdiction that the department of transportation has over streets and highways that are part of the state highway system or that a county, city and county, or municipality has over all property within its boundaries. All powers granted by this article shall be subject […]
§ 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 […]
§ 29-25-118. Method Not Exclusive
Nothing in this article shall repeal or affect any other law or any part thereof, it being intended that this article shall provide a separate method of accomplishing its objectives and not an exclusive one. Source: L. 98: Entire article added, p. 1092, § 1, effective September 1.