United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-18-104, 2001

Certain pre-March 1, 2001 cable/public telecommunications services, and pre-March 1, 2025 broadband services, are exempt from Part 2 but remain subject to Part 3.

Source excerpt

bond financingbond resolutionsbroadband servicebroadband service financingbroadband servicescable television servicecable television servicesexisting contractsmunicipal authoritymunicipal broadbandoperational requirementspublic telecommunications servicepublic telecommunications servicesservice regulationtelecommunicationstelecommunications contracts

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2001
Dates: Enacted 2001

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Dates: Enacted 2001

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“Certain pre-March 1, 2001 cable/public telecommunications services, and pre-March 1, 2025 broadband services, are exempt from Part 2 but remain subject to Part 3.”

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Application to existing contracts.

Certain pre-March 1, 2001 cable/public telecommunications services, and pre-March 1, 2025 broadband services, are exempt from Part 2 but remain subject to Part 3.

Section 10-18-104

Subsection 10-18-104(2)(b)

The exemption in Subsection (2)(a)(i) does not apply to broadband service authorized by a municipality’s legislative body on or after March 1, 2025.

Section 10-18-104(2)(b)

Subsection 10-18-104(3)(a)(ii)(C)

Refers to a public telecommunications service.

Section 10-18-104(3)(a)(ii)(C)

Subsection 10-18-104(4)

A municipality may be exempt from certain chapter provisions if it meets one of four service-funding or service-operation conditions.

Section 10-18-104(4)

Subsection 10-18-104(5)(e)

Section 10-18-305 .

Section 10-18-104(5)(e)

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Source record from le.utah.gov · Enacted 2001

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Showing 41 of 41 provisions

Provision 41

Part 10-18-1

part 10-18-1 General Provisions

§ 10-18-104Application to existing contracts.Provision

Source excerpt

Certain pre-March 1, 2001 cable/public telecommunications services, and pre-March 1, 2025 broadband services, are exempt from Part 2 but remain subject to Part 3.

Application to existing contracts. If, before March 1, 2001, the legislative body of a municipality authorized the municipality to offer or provide a cable television service or public telecommunications service, each authorized cable television service or public telecommunications service: is exempt from Part 2, Conditions for Providing Services ; and is subject to Part 3, Operational Requirements and Limitations . The exemption described in Subsection (1)(a)(i) does not apply to any cable television service or public telecommunications service authorized by the legislative body of a municipality on or after March 1, 2001. If, before March 1, 2025, the legislative body of a municipality authorized the municipality to offer or provide a broadband service, each authorized broadband service: is exempt from Part 2, Conditions for Providing Services; and is subject to Part 3, Operational Requirements and Limitations. The exemption described in Subsection (2)(a)(i) does not apply to any broadband service authorized by the legislative body of a municipality on or after March 1, 2025. This chapter does not: invalidate any contract for cable television service or public telecommunications service entered into by a municipality before March 1, 2001, or any contract for broadband service entered into by a municipality before March 1, 2025: for the design, construction, equipping, operation, or maintenance of a facility used or to be used by the municipality, or by a private provider under a contract with the municipality for the purpose of providing: a broadband service; a cable television service; or a public telecommunications service; with a private provider for the use of the facility described in Subsection (3)(a)(i) in connection with the private provider offering: a broadband service; a cable television service; or a public telecommunications service; with a subscriber for providing: a broadband service; a cable television service; or a public telecommunications service; or to obtain or secure financing for the acquisition or operation of the municipality's facilities or equipment used in connection with providing: a broadband service; a cable television service; or a public telecommunications service; or impair any security interest granted by a municipality as collateral for the municipality's obligations under a contract described in Subsection (3)(a). A municipality that, on or before January 1, 2001, enacts a bond resolution to fund a facility or equipment that the municipality uses to provide a cable television service or public telecommunications service is exempt from certain provisions of this chapter, as described in Subsection (5), in relation to the specific service funded by that bond resolution. A municipality that, on or before January 1, 2025, enacts a bond resolution to fund a facility or equipment that the municipality uses to provide a broadband service is exempt from certain provisions of this chapter, as described in Subsection (5), in relation to the specific service funded by that bond resolution. A municipality that, before March 1, 2001, operates a cable television service or a public telecommunications service for at least three consecutive years, is exempt from certain provisions of this chapter, as described in Subsection (5), in relation to the specific service operated during that time period. A municipality that, before March 1, 2025, operates a broadband service for at least three consecutive years, is exempt from certain provisions of this chapter, as described in Subsection (5), in relation to the specific service operated during that time period. In accordance with Subsection (4) , a municipality described in Subsection (4) is exempt from this chapter except for: Subsection 10-18-303(6) ; Subsection 10-18-303(9) ; Subsection 10-18-303(12) ; Section 10-18-304 ; and Section 10-18-305 .

Section 10-18-104Verify source

§ 10-18-104(1)Subsection 10-18-104(1)Provision

Source excerpt

A pre-March 1, 2001 municipal authorization can exempt certain cable television or public telecommunications services from Part 2, while they remain subject to Part 3.

If, before March 1, 2001, the legislative body of a municipality authorized the municipality to offer or provide a cable television service or public telecommunications service, each authorized cable television service or public telecommunications service: is exempt from Part 2, Conditions for Providing Services ; and is subject to Part 3, Operational Requirements and Limitations . The exemption described in Subsection (1)(a)(i) does not apply to any cable television service or public telecommunications service authorized by the legislative body of a municipality on or after March 1, 2001.

Section 10-18-104(1)Verify source

§ 10-18-104(1)(a)Subsection 10-18-104(1)(a)Provision

Source excerpt

Some authorized cable television and public telecommunications services are exempt from Part 2, and subject to Part 3, if municipal authorization existed before March 1, 2001.

Section 10-18-104(1)(a)Verify source

§ 10-18-104(1)(a)(i)Subsection 10-18-104(1)(a)(i)Provision

Source excerpt

Exempt from Part 2’s Conditions for Providing Services.

is exempt from Part 2, Conditions for Providing Services ; and

Section 10-18-104(1)(a)(i)Verify source

§ 10-18-104(1)(a)(ii)Subsection 10-18-104(1)(a)(ii)Provision

Source excerpt

is subject to Part 3, Operational Requirements and Limitations .

Section 10-18-104(1)(a)(ii)Verify source

§ 10-18-104(1)(b)Subsection 10-18-104(1)(b)Provision

Source excerpt

The exemption in Subsection (1)(a)(i) does not apply to certain municipal-authorized cable television or public telecommunications services after March 1, 2001.

The exemption described in Subsection (1)(a)(i) does not apply to any cable television service or public telecommunications service authorized by the legislative body of a municipality on or after March 1, 2001.

Section 10-18-104(1)(b)Verify source

§ 10-18-104(2)Subsection 10-18-104(2)Provision

Source excerpt

Broadband services authorized by a municipality before March 1, 2025 are exempt from Part 2 and subject to Part 3.

If, before March 1, 2025, the legislative body of a municipality authorized the municipality to offer or provide a broadband service, each authorized broadband service: is exempt from Part 2, Conditions for Providing Services; and is subject to Part 3, Operational Requirements and Limitations. The exemption described in Subsection (2)(a)(i) does not apply to any broadband service authorized by the legislative body of a municipality on or after March 1, 2025.

Section 10-18-104(2)Verify source

§ 10-18-104(2)(a)Subsection 10-18-104(2)(a)Provision

Source excerpt

If a municipality was authorized by its legislative body to offer or provide broadband service before March 1, 2025, the authorized broadband service is exempt from Part 2 and remains subject to Part 3.

Section 10-18-104(2)(a)Verify source

§ 10-18-104(2)(a)(i)Subsection 10-18-104(2)(a)(i)Provision

Source excerpt

This text says an unidentified subject is exempt from Part 2, Conditions for Providing Services.

is exempt from Part 2, Conditions for Providing Services; and

Section 10-18-104(2)(a)(i)Verify source

§ 10-18-104(2)(a)(ii)Subsection 10-18-104(2)(a)(ii)Provision

Source excerpt

is subject to Part 3, Operational Requirements and Limitations.

Section 10-18-104(2)(a)(ii)Verify source

§ 10-18-104(2)(b)Subsection 10-18-104(2)(b)Provision

Source excerpt

The exemption in Subsection (2)(a)(i) does not apply to broadband service authorized by a municipality’s legislative body on or after March 1, 2025.

The exemption described in Subsection (2)(a)(i) does not apply to any broadband service authorized by the legislative body of a municipality on or after March 1, 2025.

Section 10-18-104(2)(b)Verify source

§ 10-18-104(3)Subsection 10-18-104(3)Provision

Source excerpt

This chapter does not: invalidate any contract for cable television service or public telecommunications service entered into by a municipality before March 1, 2001, or any contract for broadband service entered into by a municipality before March 1, 2025: for the design, construction, equipping, operation, or maintenance of a facility used or to be used by the municipality, or by a private provider under a contract with the municipality for the purpose of providing: a broadband service; a cable television service; or a public telecommunications service; with a private provider for the use of the facility described in Subsection (3)(a)(i) in connection with the private provider offering: a broadband service; a cable television service; or a public telecommunications service; with a subscriber for providing: a broadband service; a cable television service; or a public telecommunications service; or to obtain or secure financing for the acquisition or operation of the municipality's facilities or equipment used in connection with providing: a broadband service; a cable television service; or a public telecommunications service; or impair any security interest granted by a municipality as collateral for the municipality's obligations under a contract described in Subsection (3)(a).

Section 10-18-104(3)Verify source

§ 10-18-104(3)(a)Subsection 10-18-104(3)(a)Provision

Source excerpt

A municipality’s qualifying telecommunications and broadband contracts entered into before the stated dates are invalid.

invalidate any contract for cable television service or public telecommunications service entered into by a municipality before March 1, 2001, or any contract for broadband service entered into by a municipality before March 1, 2025: for the design, construction, equipping, operation, or maintenance of a facility used or to be used by the municipality, or by a private provider under a contract with the municipality for the purpose of providing: a broadband service; a cable television service; or a public telecommunications service; with a private provider for the use of the facility described in Subsection (3)(a)(i) in connection with the private provider offering: a broadband service; a cable television service; or a public telecommunications service; with a subscriber for providing: a broadband service; a cable television service; or a public telecommunications service; or to obtain or secure financing for the acquisition or operation of the municipality's facilities or equipment used in connection with providing: a broadband service; a cable television service; or a public telecommunications service; or

Section 10-18-104(3)(a)Verify source

§ 10-18-104(3)(a)(i)Subsection 10-18-104(3)(a)(i)Provision

Source excerpt

for the design, construction, equipping, operation, or maintenance of a facility used or to be used by the municipality, or by a private provider under a contract with the municipality for the purpose of providing: a broadband service; a

Section 10-18-104(3)(a)(i)Verify source

§ 10-18-104(3)(a)(i)(A)Subsection 10-18-104(3)(a)(i)(A)Provision

Source excerpt

a broadband service;

Section 10-18-104(3)(a)(i)(A)Verify source

§ 10-18-104(3)(a)(i)(B)Subsection 10-18-104(3)(a)(i)(B)Provision

Source excerpt

a cable television service; or

Section 10-18-104(3)(a)(i)(B)Verify source

§ 10-18-104(3)(a)(i)(C)Subsection 10-18-104(3)(a)(i)(C)Provision

Source excerpt

a public telecommunications service;

Section 10-18-104(3)(a)(i)(C)Verify source

§ 10-18-104(3)(a)(ii)Subsection 10-18-104(3)(a)(ii)Provision

Source excerpt

with a private provider for the use of the facility described in Subsection (3)(a)(i) in connection with the private provider offering: a broadband service; a cable television service; or a public telecommunications service;

Section 10-18-104(3)(a)(ii)Verify source

§ 10-18-104(3)(a)(ii)(A)Subsection 10-18-104(3)(a)(ii)(A)Provision

Source excerpt

a broadband service;

Section 10-18-104(3)(a)(ii)(A)Verify source

§ 10-18-104(3)(a)(ii)(B)Subsection 10-18-104(3)(a)(ii)(B)Provision

Source excerpt

a cable television service; or

Section 10-18-104(3)(a)(ii)(B)Verify source

§ 10-18-104(3)(a)(ii)(C)Subsection 10-18-104(3)(a)(ii)(C)Provision

Source excerpt

Refers to a public telecommunications service.

a public telecommunications service;

Section 10-18-104(3)(a)(ii)(C)Verify source

§ 10-18-104(3)(a)(iii)Subsection 10-18-104(3)(a)(iii)Provision

Source excerpt

with a subscriber for providing: a broadband service; a cable television service; or a public telecommunications service; or

Section 10-18-104(3)(a)(iii)Verify source

§ 10-18-104(3)(a)(iii)(A)Subsection 10-18-104(3)(a)(iii)(A)Provision

Source excerpt

a broadband service;

Section 10-18-104(3)(a)(iii)(A)Verify source

§ 10-18-104(3)(a)(iii)(B)Subsection 10-18-104(3)(a)(iii)(B)Provision

Source excerpt

a cable television service; or

Section 10-18-104(3)(a)(iii)(B)Verify source

§ 10-18-104(3)(a)(iii)(C)Subsection 10-18-104(3)(a)(iii)(C)Provision

Source excerpt

a public telecommunications service; or

Section 10-18-104(3)(a)(iii)(C)Verify source

§ 10-18-104(3)(a)(iv)Subsection 10-18-104(3)(a)(iv)Provision

Source excerpt

to obtain or secure financing for the acquisition or operation of the municipality's facilities or equipment used in connection with providing: a broadband service; a cable television service; or a public telecommunications service; or

Section 10-18-104(3)(a)(iv)Verify source

§ 10-18-104(3)(a)(iv)(A)Subsection 10-18-104(3)(a)(iv)(A)Provision

Source excerpt

a broadband service;

Section 10-18-104(3)(a)(iv)(A)Verify source

§ 10-18-104(3)(a)(iv)(B)Subsection 10-18-104(3)(a)(iv)(B)Provision

Source excerpt

a cable television service; or

Section 10-18-104(3)(a)(iv)(B)Verify source

§ 10-18-104(3)(a)(iv)(C)Subsection 10-18-104(3)(a)(iv)(C)Provision

Source excerpt

a public telecommunications service; or

Section 10-18-104(3)(a)(iv)(C)Verify source

§ 10-18-104(3)(b)Subsection 10-18-104(3)(b)Provision

Source excerpt

A person must not impair a municipality’s security interest used as collateral for the municipality’s obligations under the contract in Subsection (3)(a).

impair any security interest granted by a municipality as collateral for the municipality's obligations under a contract described in Subsection (3)(a).

Section 10-18-104(3)(b)Verify source

§ 10-18-104(4)Subsection 10-18-104(4)Provision

Source excerpt

A municipality may be exempt from certain chapter provisions if it meets one of four service-funding or service-operation conditions.

A municipality that, on or before January 1, 2001, enacts a bond resolution to fund a facility or equipment that the municipality uses to provide a cable television service or public telecommunications service is exempt from certain provisions of this chapter, as described in Subsection (5), in relation to the specific service funded by that bond resolution. A municipality that, on or before January 1, 2025, enacts a bond resolution to fund a facility or equipment that the municipality uses to provide a broadband service is exempt from certain provisions of this chapter, as described in Subsection (5), in relation to the specific service funded by that bond resolution. A municipality that, before March 1, 2001, operates a cable television service or a public telecommunications service for at least three consecutive years, is exempt from certain provisions of this chapter, as described in Subsection (5), in relation to the specific service operated during that time period. A municipality that, before March 1, 2025, operates a broadband service for at least three consecutive years, is exempt from certain provisions of this chapter, as described in Subsection (5), in relation to the specific service operated during that time period.

Section 10-18-104(4)Verify source

§ 10-18-104(4)(a)Subsection 10-18-104(4)(a)Provision

Source excerpt

Section 10-18-104(4)(a)Verify source

§ 10-18-104(4)(b)Subsection 10-18-104(4)(b)Provision

Source excerpt

A municipality that meets the stated timing and financing conditions is exempt from certain chapter provisions for the broadband service funded by the bond resolution.

A municipality that, on or before January 1, 2025, enacts a bond resolution to fund a facility or equipment that the municipality uses to provide a broadband service is exempt from certain provisions of this chapter, as described in Subsection (5), in relation to the specific service funded by that bond resolution.

Section 10-18-104(4)(b)Verify source

§ 10-18-104(4)(c)Subsection 10-18-104(4)(c)Provision

Source excerpt

A municipality meeting the stated timing and duration conditions is exempt from certain provisions of this chapter for the specific service covered.

A municipality that, before March 1, 2001, operates a cable television service or a public telecommunications service for at least three consecutive years, is exempt from certain provisions of this chapter, as described in Subsection (5), in relation to the specific service operated during that time period.

Section 10-18-104(4)(c)Verify source

§ 10-18-104(4)(d)Subsection 10-18-104(4)(d)Provision

Source excerpt

A municipality meeting the stated timing and duration conditions is exempt from certain provisions of the chapter for the specific broadband service it operates.

A municipality that, before March 1, 2025, operates a broadband service for at least three consecutive years, is exempt from certain provisions of this chapter, as described in Subsection (5), in relation to the specific service operated during that time period.

Section 10-18-104(4)(d)Verify source

§ 10-18-104(5)Subsection 10-18-104(5)Provision

Source excerpt

A municipality described in Subsection (4) is exempt from this chapter, except for specified listed provisions.

In accordance with Subsection (4) , a municipality described in Subsection (4) is exempt from this chapter except for: Subsection 10-18-303(6) ; Subsection 10-18-303(9) ; Subsection 10-18-303(12) ; Section 10-18-304 ; and Section 10-18-305 .

Section 10-18-104(5)Verify source

§ 10-18-104(5)(a)Subsection 10-18-104(5)(a)Provision

Source excerpt

Subsection 10-18-303(6) ;

Section 10-18-104(5)(a)Verify source

§ 10-18-104(5)(b)Subsection 10-18-104(5)(b)Provision

Source excerpt

Subsection 10-18-303(9) ;

Section 10-18-104(5)(b)Verify source

§ 10-18-104(5)(c)Subsection 10-18-104(5)(c)Provision

Source excerpt

Subsection 10-18-303(12) ;

Section 10-18-104(5)(c)Verify source

§ 10-18-104(5)(d)Subsection 10-18-104(5)(d)Provision

Source excerpt

Section 10-18-304 ; and

Section 10-18-104(5)(d)Verify source

§ 10-18-104(5)(e)Subsection 10-18-104(5)(e)Provision

Source excerpt

Section 10-18-305 .

Section 10-18-104(5)(e)Verify source

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Utah Code § 10-18-104, 2001

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