Utah § 10-18-105 Scope of chapter.

Utah Statutes

§ 10-18-105 — Scope of chapter.

Utah·Title 10 Utah Municipal Code·Ch. 10-18 Municipal Cable Television and Communications Services Act·Part 10-18-1 General Provisions

(1)Nothing in this chapter authorizes any county or other political subdivision of this state other than a municipality to:

(1)(a) provide:

(1)(a)(i) a broadband service;

(1)(a)(ii) a cable television service; or

(1)(a)(iii) a public telecommunications service; or

(1)(b) purchase, lease, construct, maintain, or operate a facility for the purpose of providing:

(1)(b)(i) a broadband service;

(1)(b)(ii) a cable television service; or

(1)(b)(iii) a public telecommunications service.

(2)Except as provided in Subsections (3) and (4), this chapter does not apply to a municipality purchasing, leasing, constructing, or equipping a facility:

(2)(a) that is designed to provide a service within the municipality; and

(2)(b) that the municipality:

(2)(b)(i) uses for internal municipal government purpo

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(1) Nothing in this chapter authorizes any county or other political subdivision of this state other than a municipality to:
(1)(a) provide:
(1)(a)(i) a broadband service;
(1)(a)(ii) a cable television service; or
(1)(a)(iii) a public telecommunications service; or
(1)(b) purchase, lease, construct, maintain, or operate a facility for the purpose of providing:
(1)(b)(i) a broadband service;
(1)(b)(ii) a cable television service; or
(1)(b)(iii) a public telecommunications service.
(2) Except as provided in Subsections (3) and (4), this chapter does not apply to a municipality purchasing, leasing, constructing, or equipping a facility:
(2)(a) that is designed to provide a service within the municipality; and
(2)(b) that the municipality:
(2)(b)(i) uses for internal municipal government purposes; or
(2)(b)(ii) by written contract, leases, sells capacity in, or grants other similar rights to a private provider to use the facility in connection with a private provider offering:
(2)(b)(ii)(A) a broadband service;
(2)(b)(ii)(B) a cable television service; or
(2)(b)(ii)(C) a public telecommunications service.
(3) (3)(a) As used in this Subsection (3), "municipal entity" means:
(3)(a)(i) a municipality; or
(3)(a)(ii) an entity created pursuant to an agreement:
(3)(a)(ii)(A) under Title 11, Chapter 13, Interlocal Cooperation Act; and
(3)(a)(ii)(B) to which a municipality is a party.
(3)(b) A municipal entity shall comply with Subsection (3)(c) if the municipal entity purchases, leases, constructs, or equips a facility that the municipal entity by written contract leases, sells capacity in, or grants other similar rights to a private provider to use the facility in connection with a private provider offering:
(3)(b)(i) a broadband service;
(3)(b)(ii) a cable television service; or
(3)(b)(iii) a public telecommunications service.
(3)(c) A municipal entity described in Subsection (3)(b) shall, with respect to an action described in Subsection (3)(b), comply with the obligations imposed on a municipality pursuant to:
(3)(c)(i) Section 10-18-302; and
(3)(c)(ii) Subsections 10-18-303(5) and (6).
(4) A municipality described in Subsection (2) may call an election under Section 10-18-204 with respect to the provision of a communications service facility.