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 106 – Severability.
10-18-106. Severability. If any provision of this chapter or the application of any provision of this chapter is found invalid, the remainder of this chapter shall be given effect without the invalid provision or application. Enacted by Chapter 83, 2001 General Session
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 […]