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 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 201 – Limitations on providing a cable television and public telecommunications services.
10-18-201. Limitations on providing a cable television and public telecommunications services. (1) Except as provided in this chapter, a municipality may not: (a) provide to one or more subscribers: (i) a cable television service; or (ii) a public telecommunications service; or (b) for the purpose of providing a cable television service or a public telecommunications […]
Section 202 – Required steps before a municipality may provide cable television or public telecommunications services.
10-18-202. Required steps before a municipality may provide cable television or public telecommunications services. Before a municipality may engage or offer to engage in an activity described in Subsection 10-18-201(1), the legislative body of the municipality shall: (1) hold a preliminary public hearing; (2) if the legislative body elects to proceed after holding the preliminary […]
Section 203 – Feasibility study on providing cable television or public telecommunications services — Public hearings.
Effective 7/1/2021 10-18-203. Feasibility study on providing cable television or public telecommunications services — Public hearings. (1) If a feasibility consultant is hired under Section 10-18-202, the legislative body of the municipality shall require the feasibility consultant to: (a) complete the feasibility study in accordance with this section; (b) submit to the legislative body by […]
Section 204 – Vote permissible — Referendum.
Effective 5/10/2016 10-18-204. Vote permissible — Referendum. (1) (a) (i) A legislative body of a municipality may, by a majority vote, call an election on whether the municipality shall provide proposed: (A) cable television services; or (B) public telecommunications services. (ii) A municipal legislative body that, before July 1, 2016, approves the provision of public […]