§ 29-27-301 — General operating limitations

(1) A local government that
provides cable television service, telecommunications service, broadband internet
service, or middle mile infrastructure pursuant to this article 27 shall comply with
all state and federal laws, rules, and regulations governing provision of such service
by a private provider; except that nothing herein affects the jurisdiction of the
public utilities commission with respect to municipal utilities.

(2) (a) A local government shall not make or grant any undue or
unreasonable preference or advantage to itself or to any private provider of cable
television services, telecommunications services, broadband internet service, or
middle mile infrastructure.

(b) A local government shall apply without discrimination as to itself and to
any private provider the local government's ordinances, rules, and policies,
including those relating to:

(I) Obligation to serve;

(II) Access to public rights-of-way;

(III) Permitting;

(IV) Performance bonding where an entity other than the local government is
performing the work;

(V) Reporting; and

(VI) Quality of service.

Legislative History

Source: L. 2005: Entire article added, p. 1283, � 1, effective June 3. L. 2023: (1) and (2)(a) amended, (SB 23-183), ch. 139, p. 588, � 6, effective May 1.