Section 305 – Quality of service standards.
10-18-305. Quality of service standards. (1) A municipality that provides a cable television service or a public telecommunications service shall adopt an ordinance governing the quality of service the municipality shall provide to its subscribers. (2) The ordinance required by Subsection (1) shall: (a) be competitively neutral; and (b) contain standards that are substantially similar […]
Section 306 – Enforcement and appeal.
10-18-306. Enforcement and appeal. (1) Before a person that is or is likely to have a substantial interest affected by a municipality’s violation of this chapter may file an action in district court for violation of this chapter, that person shall file a written complaint with the municipality in accordance with this section. (2) (a) […]
Section 301 – Enterprise funds for cable television or public telecommunications services.
10-18-301. Enterprise funds for cable television or public telecommunications services. (1) A municipality that provides a cable television service or a public telecommunications service under this chapter: (a) shall establish an enterprise fund to account for the municipality’s operations of a cable television service or public telecommunications service; (b) for accounting purposes only, may account […]
Section 302 – Bonding authority.
Effective 7/1/2021 10-18-302. Bonding authority. (1) In accordance with Title 11, Chapter 14, Local Government Bonding Act, the legislative body of a municipality may by resolution determine to issue one or more revenue bonds or general obligation bonds to finance the capital costs for facilities necessary to provide to subscribers: (a) a cable television service; […]
Section 303 – General operating limitations.
Effective 5/5/2021 10-18-303. General operating limitations. A municipality that provides a cable television service or a public telecommunications service under this chapter is subject to the operating limitations of this section. (1) A municipality that provides a cable television service shall comply with: (a) the Cable Communications Policy Act of 1984, 47 U.S.C. 521, et […]
Section 304 – Eminent domain.
10-18-304. Eminent domain. A municipality may not exercise its power of eminent domain to condemn plant and equipment of a private provider for the purpose of providing to a subscriber: (1) a cable television service; or (2) a public telecommunications service. Enacted by Chapter 83, 2001 General Session
Section 101 – Title — Policy statement.
10-18-101. Title — Policy statement. (1) This chapter is known as the “Municipal Cable Television and Public Telecommunications Services Act.” (2) The Legislature finds that it is the policy of this state to: (a) ensure that cable television services and public telecommunications services are provided through fair competition consistent with the federal Telecommunications Act of […]
Section 103 – Antitrust immunity.
10-18-103. Antitrust immunity. (1) When a municipality is offering or providing a cable television service or public telecommunications service, the immunity from antitrust liability afforded to political subdivisions of the state under Section 76-10-3109 does not apply to the municipality providing those services. (2) A municipality that provides a cable television service or a public […]
Section 104 – Application to existing contracts.
Effective 5/13/2014 10-18-104. Application to existing contracts. (1) (a) If before the sooner of March 1 or the effective date of the chapter, the legislative body of a municipality authorized the municipality to offer or provide cable television services or public telecommunications services, each authorized service: (i) is exempt from Part 2, Conditions for Providing […]
Section 105 – Scope of chapter.
Effective 5/10/2016 10-18-105. Scope of chapter. (1) Nothing in this chapter authorizes any county or other political subdivision of this state to: (a) provide: (i) a cable television service; or (ii) a public telecommunications service; or (b) purchase, lease, construct, maintain, or operate a facility for the purpose of providing: (i) a cable television service; […]