Section 3.4 – Exemption from merger and acquisition approval by commission.

• (1)
  • (a) Except as provided in Subsection (2), a telecommunications corporation is exempt from the requirements of Sections 54-4-28, 54-4-29, and 54-4-30 if the telecommunications corporation is:
    • (i) a competitive entrant pursuant to Section 54-8b-2.1; or
    • (ii) an incumbent telecommunications corporation that has pricing flexibility pursuant to Section 54-8b-2.3.
  • (b) A telecommunications corporation that is exempt under Subsection (1) shall notify the commission in writing prior to the conclusion of any transaction that would otherwise be subject to Section 54-4-28, 54-4-29, or 54-4-30.

• (2) The exemption described in Subsection (1) does not apply if the telecommunications corporation receives high cost support from the Universal Public Telecommunications Support Fund established in Section 54-8b-15, other than a one-time distribution described in Section 54-8b-15.

Enacted by Chapter 85, 2019 General Session