United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-1-406

Cities and municipalities are restricted from imposing certain broadband and telecommunications taxes or fees, with narrow exceptions and repeal deadlines for some existing general fees.

bond financingbond-financed feesbondsbroadbandbroadband feesconstructionexcavationfeesinstallationinternet servicelocal taxationmunicipal feesmunicipal financemunicipal revenueright-of-way coststaxes and feestelecommunicationstelecommunications license taxtelecommunications taxutilities

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“Cities and municipalities are restricted from imposing certain broadband and telecommunications taxes or fees, with narrow exceptions and repeal deadlines for some existing general fees.”

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Subsection 10-1-406(2)(b)

A city that imposed certain broadband-related general fees before May 6, 2026 must repeal the fee by July 1, 2027 or within 60 days after the related bond is paid, depending on the fee type.

Section 10-1-406(2)(b)

Subsection 10-1-406(3)(b)(ii)

locates telecommunications facilities, as defined in Section 72-7-108 , in the municipality.

Section 10-1-406(3)(b)(ii)

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Showing 26 of 26 provisions

Provision 19Repeal 7

Part 10-1-4

part 10-1-4 Municipal Telecommunications License Tax Act

§ 10-1-406Limitation of other telecommunications taxes or fees.Repeal

Cities and municipalities are restricted from imposing certain broadband and telecommunications taxes or fees, with narrow exceptions and repeal deadlines for some existing general fees.

Limitation of other telecommunications taxes or fees. As used in this section: "Broadband" means facilities and services used to make high-capacity, high-speed internet service available to users. "General fee" means the same as that term is defined in Section 10-6-134.3 . Except as provided in Subsection (2)(b) , a city may not impose a general fee for broadband. Subject to Subsection (2)(b)(ii) , a city that, before May 6, 2026, imposes a general fee for broadband shall repeal the general fee no later than July 1, 2027. A city that, before May 6, 2026, issues a bond secured by revenue from a general fee for broadband shall repeal the general fee within 60 days after the bond is paid. A city that, before May 6, 2026, imposes a general fee to pay for a bond the city issued before January 1, 2026, to pay for broadband shall repeal the general fee within 60 days after the bond is paid. Subject to the other provisions of this section, a municipality may not levy or collect a telecommunications tax or fee on a person except for a telecommunications tax or fee imposed by the municipality: on a telecommunications provider to recover the management costs of the municipality caused by the activities of the telecommunications provider in the right-of-way of a municipality if the telecommunications tax or fee: is imposed in accordance with Section 72-7-102 ; and is not related to: a municipality's loss of use of a highway as a result of the activities of the telecommunications provider in a right-of-way; or increased deterioration of a highway as a result of the activities of the telecommunications provider in a right-of-way; or on a person that: is not subject to a municipal telecommunications license tax under this part; and locates telecommunications facilities, as defined in Section 72-7-108 , in the municipality. Subsection (3)(a) may not be interpreted as exempting a telecommunications provider from complying with any ordinance: related to excavation, construction, or installation of a telecommunications facility; and that addresses the safety and quality standards of the municipality for excavation, construction, or installation. A telecommunications tax or fee imposed under Subsection (3)(b) shall be imposed: by ordinance; and on a competitively neutral basis.
Section 10-1-406Verify source
§ 10-1-406(1)Subsection 10-1-406(1)Provision

This section defines “Broadband” and “General fee.”

As used in this section: "Broadband" means facilities and services used to make high-capacity, high-speed internet service available to users. "General fee" means the same as that term is defined in Section 10-6-134.3 .
Section 10-1-406(1)Verify source
§ 10-1-406(1)(a)Subsection 10-1-406(1)(a)Provision

Defines “Broadband” as facilities and services that make high-capacity, high-speed internet service available to users.

"Broadband" means facilities and services used to make high-capacity, high-speed internet service available to users.
Section 10-1-406(1)(a)Verify source
§ 10-1-406(1)(b)Subsection 10-1-406(1)(b)Provision

“General fee” means the same thing as in Section 10-6-134.3.

"General fee" means the same as that term is defined in Section 10-6-134.3 .
Section 10-1-406(1)(b)Verify source
§ 10-1-406(2)Subsection 10-1-406(2)Repeal

A city generally may not impose a general fee for broadband, with stated exceptions.

Except as provided in Subsection (2)(b) , a city may not impose a general fee for broadband. Subject to Subsection (2)(b)(ii) , a city that, before May 6, 2026, imposes a general fee for broadband shall repeal the general fee no later than July 1, 2027. A city that, before May 6, 2026, issues a bond secured by revenue from a general fee for broadband shall repeal the general fee within 60 days after the bond is paid. A city that, before May 6, 2026, imposes a general fee to pay for a bond the city issued before January 1, 2026, to pay for broadband shall repeal the general fee within 60 days after the bond is paid.
Section 10-1-406(2)Verify source
§ 10-1-406(2)(a)Subsection 10-1-406(2)(a)Provision

A city may not impose a general broadband fee, except as allowed by Subsection (2)(b).

Except as provided in Subsection (2)(b) , a city may not impose a general fee for broadband.
Section 10-1-406(2)(a)Verify source
§ 10-1-406(2)(b)Subsection 10-1-406(2)(b)Repeal

A city that imposed certain broadband-related general fees before May 6, 2026 must repeal the fee by July 1, 2027 or within 60 days after the related bond is paid, depending on the fee type.

Subject to Subsection (2)(b)(ii) , a city that, before May 6, 2026, imposes a general fee for broadband shall repeal the general fee no later than July 1, 2027. A city that, before May 6, 2026, issues a bond secured by revenue from a general fee for broadband shall repeal the general fee within 60 days after the bond is paid. A city that, before May 6, 2026, imposes a general fee to pay for a bond the city issued before January 1, 2026, to pay for broadband shall repeal the general fee within 60 days after the bond is paid.
Section 10-1-406(2)(b)Verify source
§ 10-1-406(2)(b)(i)Subsection 10-1-406(2)(b)(i)Repeal

A city that imposed a general broadband fee before May 6, 2026 must repeal that fee by July 1, 2027, subject to Subsection (2)(b)(ii).

Subject to Subsection (2)(b)(ii) , a city that, before May 6, 2026, imposes a general fee for broadband shall repeal the general fee no later than July 1, 2027.
Section 10-1-406(2)(b)(i)Verify source
§ 10-1-406(2)(b)(ii)Subsection 10-1-406(2)(b)(ii)Repeal

A city covered by these conditions must repeal the broadband general fee within 60 days after the related bond is paid.

A city that, before May 6, 2026, issues a bond secured by revenue from a general fee for broadband shall repeal the general fee within 60 days after the bond is paid. A city that, before May 6, 2026, imposes a general fee to pay for a bond the city issued before January 1, 2026, to pay for broadband shall repeal the general fee within 60 days after the bond is paid.
Section 10-1-406(2)(b)(ii)Verify source
§ 10-1-406(2)(b)(ii)(A)Subsection 10-1-406(2)(b)(ii)(A)Repeal

A city that issues a broadband-secured bond before May 6, 2026 must repeal the related general fee within 60 days after the bond is paid.

A city that, before May 6, 2026, issues a bond secured by revenue from a general fee for broadband shall repeal the general fee within 60 days after the bond is paid.
Section 10-1-406(2)(b)(ii)(A)Verify source
§ 10-1-406(2)(b)(ii)(B)Subsection 10-1-406(2)(b)(ii)(B)Repeal

A city that imposed a general fee for a broadband bond before May 6, 2026, must repeal the fee within 60 days after the bond is paid.

A city that, before May 6, 2026, imposes a general fee to pay for a bond the city issued before January 1, 2026, to pay for broadband shall repeal the general fee within 60 days after the bond is paid.
Section 10-1-406(2)(b)(ii)(B)Verify source
§ 10-1-406(3)Subsection 10-1-406(3)Provision

A municipality may not levy or collect a telecommunications tax or fee on a person, except in two specified situations.

Subject to the other provisions of this section, a municipality may not levy or collect a telecommunications tax or fee on a person except for a telecommunications tax or fee imposed by the municipality: on a telecommunications provider to recover the management costs of the municipality caused by the activities of the telecommunications provider in the right-of-way of a municipality if the telecommunications tax or fee: is imposed in accordance with Section 72-7-102 ; and is not related to: a municipality's loss of use of a highway as a result of the activities of the telecommunications provider in a right-of-way; or increased deterioration of a highway as a result of the activities of the telecommunications provider in a right-of-way; or on a person that: is not subject to a municipal telecommunications license tax under this part; and locates telecommunications facilities, as defined in Section 72-7-108 , in the municipality.
Section 10-1-406(3)Verify source
§ 10-1-406(3)(a)Subsection 10-1-406(3)(a)Provision

on a telecommunications provider to recover the management costs of the municipality caused by the activities of the telecommunications provider in the right-of-way of a municipality if the telecommunications tax or fee: is imposed in

on a telecommunications provider to recover the management costs of the municipality caused by the activities of the telecommunications provider in the right-of-way of a municipality if the telecommunications tax or fee: is imposed in accordance with Section 72-7-102 ; and is not related to: a municipality's loss of use of a highway as a result of the activities of the telecommunications provider in a right-of-way; or increased deterioration of a highway as a result of the activities of the telecommunications provider in a right-of-way; or
Section 10-1-406(3)(a)Verify source
§ 10-1-406(3)(a)(i)Subsection 10-1-406(3)(a)(i)Provision

is imposed in accordance with Section 72-7-102 ; and

is imposed in accordance with Section 72-7-102 ; and
Section 10-1-406(3)(a)(i)Verify source
§ 10-1-406(3)(a)(ii)Subsection 10-1-406(3)(a)(ii)Provision

is not related to: a municipality's loss of use of a highway as a result of the activities of the telecommunications provider in a right-of-way; or increased deterioration of a highway as a result of the activities of the

is not related to: a municipality's loss of use of a highway as a result of the activities of the telecommunications provider in a right-of-way; or increased deterioration of a highway as a result of the activities of the telecommunications provider in a right-of-way; or
Section 10-1-406(3)(a)(ii)Verify source
§ 10-1-406(3)(a)(ii)(A)Subsection 10-1-406(3)(a)(ii)(A)Provision

a municipality's loss of use of a highway as a result of the activities of the telecommunications provider in a right-of-way; or

a municipality's loss of use of a highway as a result of the activities of the telecommunications provider in a right-of-way; or
Section 10-1-406(3)(a)(ii)(A)Verify source
§ 10-1-406(3)(a)(ii)(B)Subsection 10-1-406(3)(a)(ii)(B)Provision

increased deterioration of a highway as a result of the activities of the telecommunications provider in a right-of-way; or

increased deterioration of a highway as a result of the activities of the telecommunications provider in a right-of-way; or
Section 10-1-406(3)(a)(ii)(B)Verify source
§ 10-1-406(3)(b)Subsection 10-1-406(3)(b)Provision

on a person that: is not subject to a municipal telecommunications license tax under this part; and locates telecommunications facilities, as defined in Section 72-7-108 , in the municipality.

on a person that: is not subject to a municipal telecommunications license tax under this part; and locates telecommunications facilities, as defined in Section 72-7-108 , in the municipality.
Section 10-1-406(3)(b)Verify source
§ 10-1-406(3)(b)(i)Subsection 10-1-406(3)(b)(i)Provision

is not subject to a municipal telecommunications license tax under this part; and

is not subject to a municipal telecommunications license tax under this part; and
Section 10-1-406(3)(b)(i)Verify source
§ 10-1-406(3)(b)(ii)Subsection 10-1-406(3)(b)(ii)Provision

locates telecommunications facilities, as defined in Section 72-7-108 , in the municipality.

locates telecommunications facilities, as defined in Section 72-7-108 , in the municipality.
Section 10-1-406(3)(b)(ii)Verify source
§ 10-1-406(4)Subsection 10-1-406(4)Provision

A telecommunications provider is not exempt from complying with municipal ordinances on excavation, construction, or installation of a telecommunications facility, including municipal safety and quality standards for those activities.

Subsection (3)(a) may not be interpreted as exempting a telecommunications provider from complying with any ordinance: related to excavation, construction, or installation of a telecommunications facility; and that addresses the safety and quality standards of the municipality for excavation, construction, or installation.
Section 10-1-406(4)Verify source
§ 10-1-406(4)(a)Subsection 10-1-406(4)(a)Provision

related to excavation, construction, or installation of a telecommunications facility; and

related to excavation, construction, or installation of a telecommunications facility; and
Section 10-1-406(4)(a)Verify source
§ 10-1-406(4)(b)Subsection 10-1-406(4)(b)Provision

that addresses the safety and quality standards of the municipality for excavation, construction, or installation.

that addresses the safety and quality standards of the municipality for excavation, construction, or installation.
Section 10-1-406(4)(b)Verify source
§ 10-1-406(5)Subsection 10-1-406(5)Provision

A telecommunications tax or fee under Subsection (3)(b) must be imposed by ordinance and on a competitively neutral basis.

A telecommunications tax or fee imposed under Subsection (3)(b) shall be imposed: by ordinance; and on a competitively neutral basis.
Section 10-1-406(5)Verify source
§ 10-1-406(5)(a)Subsection 10-1-406(5)(a)Provision

by ordinance; and

by ordinance; and
Section 10-1-406(5)(a)Verify source
§ 10-1-406(5)(b)Subsection 10-1-406(5)(b)Provision

on a competitively neutral basis.

on a competitively neutral basis.
Section 10-1-406(5)(b)Verify source

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