§ 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) (2)(a) A municipality that provides a broadband service, a cable television service, or a public telecommunications service shall enact an ordinance establishing a procedure for the filing and resolution of complaints relating to the municipality providing:
(2)(a)(i) a broadband service;
(2)(a)(ii) a cable television service; or
(2)(a)(iii) a public telecommunications service.
(2)(b) The procedure described in Subsection (2)(a) shall:
(2)(b)(i) permit any person described in Subsection (1) to file a complaint including:
(2)(b)(i)(A) an individual subscriber; or
(2)(b)(i)(B) a private provider that competes with the municipality in the geographic boundaries of the municipality;
(2)(b)(ii) establish an expedited process that requires, within 45 days after the date the complaint is filed, the municipality to:
(2)(b)(ii)(A) hold a hearing on the complaint, unless the parties to the proceeding waive the requirement of a hearing; and
(2)(b)(ii)(B) issue a final decision on the complaint; and
(2)(b)(iii) provide that failure to render a decision within the time required shall be treated as an adverse decision for purposes of appeal.
(3) Appeal of an adverse decision from the municipality may be taken to the district court for a de novo proceeding.

Legislative History

Amended by Chapter 45, 2025 General Session