Section 1 – Title.
54-8b-1. Title. This chapter is known as the “Public Telecommunications Law.” Amended by Chapter 269, 1995 General Session
Section 1.1 – Legislative policy declarations.
54-8b-1.1. Legislative policy declarations. The Legislature declares it is the policy of the state to: (1) endeavor to achieve the universal service objectives of the state as set forth in Section 54-8b-11; (2) facilitate access to high quality, affordable public telecommunications services to all residents and businesses in the state; (3) encourage the development of […]
Section 10 – Imposing a surcharge to provide deaf, hard of hearing, and speech impaired individuals with telecommunication devices — Definitions — Procedures for establishing program — Surcharge — Administration and disposition of surcharge money.
Effective 7/1/2020 54-8b-10. Imposing a surcharge to provide deaf, hard of hearing, and speech impaired individuals with telecommunication devices — Definitions — Procedures for establishing program — Surcharge — Administration and disposition of surcharge money. (1) As used in this section: (a) “Certified deaf, hard of hearing, or severely speech impaired individual” means any state […]
Section 11 – Establishing just and reasonable rates.
54-8b-11. Establishing just and reasonable rates. In administering this title, the commission shall endeavor to make available high-quality, universal telecommunications services at just and reasonable rates for all classes of customers throughout this state. Enacted by Chapter 96, 1989 General Session
Section 13 – Rules governing operator assisted services.
54-8b-13. Rules governing operator assisted services. (1) The commission shall make rules to implement the following requirements pertaining to the provision of operator assisted services: (a) Rates, surcharges, terms, or conditions for operator assisted services shall be provided to customers upon request without charge. (b) A customer shall be made aware, prior to incurring any […]
Section 14 – Intrastate interexchange toll service prices.
54-8b-14. Intrastate interexchange toll service prices. (1) Prices for intrastate interexchange message toll services transmitted between two specific points shall be the same regardless of the point of origin. (2) Subsection (1) applies only to services provided by telecommunications corporations subject to the jurisdiction of the commission. Enacted by Chapter 269, 1995 General Session
Section 15 – Universal Public Telecommunications Service Support Fund — Commission duties — Charges — Lifeline program.
Effective 1/1/2021 54-8b-15. Universal Public Telecommunications Service Support Fund — Commission duties — Charges — Lifeline program. (1) For purposes of this section: (a) “Broadband Internet access service” means the same as that term is defined in 47 C.F.R. Sec. 8.2. (b) “Carrier of last resort” means: (i) an incumbent telephone corporation; or (ii) a […]
Section 16 – Public Service Commission authority to enforce interconnection service quality standards and interconnection agreements — Grounds for filing complaint.
54-8b-16. Public Service Commission authority to enforce interconnection service quality standards and interconnection agreements — Grounds for filing complaint. (1) For purposes of this section, “interconnection service quality standards” means specific, measurable criteria that shall be applied to a telecommunications corporation, including obligations pursuant to Section 251 of the Federal Telecommunications Act, regarding the telecommunications […]
Section 17 – Procedures for enforcement of interconnection service quality — Penalties for violation — Funds collected.
54-8b-17. Procedures for enforcement of interconnection service quality — Penalties for violation — Funds collected. (1) Proceedings under Subsection 54-8b-2.2(1)(e) shall be conducted in accordance with the following procedure: (a) The complaint shall be served upon the defendant telecommunications corporation and filed with the commission. A copy of the complaint shall also be served upon […]
Section 18 – Definitions — Unauthorized change of telecommunications provider — Unauthorized charges — Procedures for verification — Penalties — Authority of commission.
54-8b-18. Definitions — Unauthorized change of telecommunications provider — Unauthorized charges — Procedures for verification — Penalties — Authority of commission. (1) For purposes of this section: (a) “Agents” includes any person, firm, or corporation representing a telecommunications corporation for purposes of requesting a change in a subscriber’s telecommunications provider, but does not include a […]
Section 2.1 – Competitive entry.
54-8b-2.1. Competitive entry. (1) Notwithstanding any provision of Section 54-4-25 to the contrary, the commission may issue a certificate to a telecommunications corporation authorizing it to compete in providing local exchange services or other public telecommunications services in all or part of the service territory of an incumbent telephone corporation, except until December 31, 1997, […]
Section 2.2 – Interconnection.
54-8b-2.2. Interconnection. (1) (a) (i) The commission may require any telecommunications corporation to interconnect its essential facilities with another telecommunications corporation that provides public telecommunications services in the same, adjacent, or overlapping service territory. (ii) Interconnecting telecommunications corporations shall permit the mutual exchange of traffic between their networks without unreasonable blocking or other unreasonable restrictions […]
Section 2.3 – Pricing flexibility.
54-8b-2.3. Pricing flexibility. (1) (a) A telecommunications corporation that obtains a certificate to compete with the incumbent telephone corporation in a defined geographic area pursuant to Section 54-8b-2.1 may price any public telecommunications services it is authorized to offer, or any new public telecommunications service, by means of a price list or competitive contract. (b) […]
Section 3 – Exemptions from requirements.
Effective 5/9/2017 54-8b-3. Exemptions from requirements. (1) (a) The commission, on its own initiative or in response to an application by a telecommunications corporation, a public agency, or a user of a public telecommunications service, may, after public notice and a hearing, issue an order exempting any telecommunications corporation or public telecommunications service from any […]
Section 3.3 – Services that must be offered on a nondiscriminatory basis — Public telecommunications to be cost-based — Packaged services — Quality of service standards.
54-8b-3.3. Services that must be offered on a nondiscriminatory basis — Public telecommunications to be cost-based — Packaged services — Quality of service standards. (1) (a) As used in this section, “cost-based” means that the prices for the telecommunications services shall be established after taking into consideration the total service long-run incremental cost of providing […]
Section 3.4 – Exemption from merger and acquisition approval by commission.
Effective 5/14/2019 54-8b-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 […]
Section 4.5 – Commission order — Negotiated provisions of services — Contracts under this section.
54-8b-4.5. Commission order — Negotiated provisions of services — Contracts under this section. (1) (a) The commission may enter an order partially or wholly exempting any public telecommunications service from any requirement of this title relating to rates, tariffs, or fares. (b) The commission may authorize the provision of all or any portion of a […]
Section 6 – Prohibition on subsidization of telecommunications services.
54-8b-6. Prohibition on subsidization of telecommunications services. A telecommunications corporation providing intrastate public telecommunications services may not subsidize its intrastate telecommunications services which are exempted from regulation or offered pursuant to a price list or competitive contract under authority of this chapter with proceeds from its other intrastate telecommunications services not so exempted or made […]
Section 7 – Continuous jurisdiction of commission — Orders.
54-8b-7. Continuous jurisdiction of commission — Orders. The commission shall retain continuous jurisdiction over every telecommunications corporation or public telecommunications service exempted under this chapter and may exercise any statutory grant of power pertaining thereto, including the power to revoke or modify any order approving an exemption from regulation. The commission may, after notice and […]
Section 8 – Antitrust and restraint of trade laws not affected by chapter.
54-8b-8. Antitrust and restraint of trade laws not affected by chapter. Nothing in this chapter shall in any way preempt, modify, exempt, abrogate, or otherwise affect any right, cause of action, liability, duty, or obligation arising from any federal, state, or local law governing unfair business practices or antitrust, restraint of trade, or other anti-competitive […]