§ 37-15-413 — Limitation on authority of political subdivision to enter exclusive agreement for provision of telecommunications service or broadband internet access service

(a) Except as provided in subsections (b) through (d) of
this section, before the governing body of any city or town or
other political subdivision of this state shall provide for the
construction, maintenance or operation of any telecommunications
service or broadband internet access service by entering into an
exclusive franchise, partnership, joint venture, contract,
resale agreement or any other exclusive agreement with any party
regarding telecommunications service or broadband internet
access service, the city, town or other political subdivision
shall:
(i) Determine, after notice and opportunity for a
public hearing, that no private provider of telecommunications
services or broadband internet access services, as applicable,
is currently providing substantially the same or similar service
anywhere within the boundaries of the city, town or political
subdivision;
(ii) Have submitted a written request to all private
providers of telecommunications services or broadband internet
access services within the boundaries of the city, town or
political subdivision for provision of the same quality and
grade of telecommunications service or broadband internet access
service within the same time frame and at the same consumer
prices proposed under the exclusive contract;
(iii) Determine, after notice and opportunity for a
public hearing that the private telecommunications service or
broadband internet access service providers have not agreed
within ninety (90) days of the receipt of the request submitted
pursuant to paragraph (ii) of this subsection to provide the
same quality and grade of service within the same time frame and
at the same consumer prices as proposed under the exclusive
contract, or if the provider has agreed, that the provider has
not commenced providing or constructing facilities to provide
the service in the manner agreed upon; and
(iv) Limit the term of any exclusive agreement under
this section to not more than six (6) years.
(b) The governing body of a city or town or other
political subdivision shall allow the nondiscriminatory,
nonexclusive and competitively neutral use of its rights-of-way
including its poles, conduits, ducts or similar support
structures by any telecommunications company or broadband
internet access company and nothing in this section shall be
construed to the contrary.
(c) Nothing in this section shall restrict the governing
body of a city or town, or other political subdivision, from
providing a telecommunications service, a broadband internet
access service or a related facility:
(i) For its own use;
(ii) For 911, E-911 or other emergency services;
(iii) For medical or educational purposes; or
(iv) To students by an educational institution.
(d) Nothing in this section shall be construed to restrict
the governing body of a city or town or other political
subdivision, from providing a telecommunications service or
broadband internet access service to a party within the
geographic area in which the city, town or political subdivision
operates as a telecommunications utility. Any city, town or
political subdivision providing a telecommunications service
under this subsection shall:
(i) Provide the telecommunications service or
broadband internet access service on a nondiscriminatory,
nonexclusive and competitively neutral basis; and
(ii) Provide the telecommunications service or
broadband internet access service at a price which covers cost,
including imputed costs that the city, town or political
subdivision would incur if it were a for-profit
telecommunications company.
(e) Any person may complain to the commission, and the
commission may on its own motion initiate an investigation,
concerning any alleged violation of this section by a city, town
or political subdivision, subject to the following:
(i) If the commission finds that a city, town or
political subdivision has violated this section, or finds that
any rule, action or order of a city, town or political
subdivision is anticompetitive or otherwise violates this
section, the commission shall notify the city, town or political
subdivision of the violation. The city, town or political
subdivision shall cure the anticompetitive behavior within
ninety (90) days following mailing of notice by the commission;
and
(ii) If the city, town or political subdivision does
not cure the anticompetitive behavior within ninety (90) days,
the commission shall commence a contested case hearing on the
complaint, governed by the Wyoming Administrative Procedure Act,
W.S. 16-3-101 et seq. If, following the hearing, the commission
finds that the city, town or political subdivision has violated
this section, the commission shall prohibit the city, town or
political subdivision from providing any telecommunications
service or broadband internet access service until the violation
of this section is remedied.
(f) This section does not apply to any contract entered
into prior to July 1, 2007.