United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-18-105

This section limits who this chapter authorizes to provide certain communications services and facilities, exempts some municipal facility activities from the chapter, requires municipal entities to follow related…

broadbandbroadband servicebroadband servicescable televisioncable television servicesinterlocal entitiesmunicipal facilitiesprivate provider useprivate providerspublic telecommunicationspublic telecommunications servicestelecommunications

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01

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“This section limits who this chapter authorizes to provide certain communications services and facilities, exempts some municipal facility activities from the chapter, requires municipal entities to follow related municipal obligations in one circumstance, and lets a municipality call an election under Section 10-18-20”

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Scope of chapter.

This section limits who this chapter authorizes to provide certain communications services and facilities, exempts some municipal facility activities from the chapter, requires municipal entities to follow related municipal obligations in one circumstance, and…

Section 10-18-105

Subsection 10-18-105(4)

A municipality described in Subsection (2) may call an election under Section 10-18-204 for a communications service facility.

Section 10-18-105(4)

04

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Source record from le.utah.gov · Legal dates not recorded

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Showing 32 of 32 provisions

Provision 32

Part 10-18-1

part 10-18-1 General Provisions

§ 10-18-105Scope of chapter.Provision

This section limits who this chapter authorizes to provide certain communications services and facilities, exempts some municipal facility activities from the chapter, requires municipal entities to follow related municipal obligations in one circumstance, and lets a municipality call an election under Section 10-18-204 for a communications service facility.

Scope of chapter. Nothing in this chapter authorizes any county or other political subdivision of this state other than a municipality to: provide: a broadband service; a cable television service; or a public telecommunications service; or purchase, lease, construct, maintain, or operate a facility for the purpose of providing: a broadband service; a cable television service; or a public telecommunications service. Except as provided in Subsections (3) and (4) , this chapter does not apply to a municipality purchasing, leasing, constructing, or equipping a facility: that is designed to provide a service within the municipality; and that the municipality: uses for internal municipal government purposes; or 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: a broadband service; a cable television service; or a public telecommunications service. As used in this Subsection (3) , "municipal entity" means: a municipality; or an entity created pursuant to an agreement: under Title 11, Chapter 13, Interlocal Cooperation Act ; and to which a municipality is a party. 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: a broadband service; a cable television service; or a public telecommunications service. 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: Section 10-18-302 ; and Subsections 10-18-303(5) and (6). 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.
Section 10-18-105Verify source
§ 10-18-105(1)Subsection 10-18-105(1)Provision

Nothing in this chapter authorizes any county or other political subdivision of this state other than a municipality to: provide: a broadband service; a cable television service; or a public telecommunications service; or purchase, lease,

Nothing in this chapter authorizes any county or other political subdivision of this state other than a municipality to: provide: a broadband service; a cable television service; or a public telecommunications service; or purchase, lease, construct, maintain, or operate a facility for the purpose of providing: a broadband service; a cable television service; or a public telecommunications service.
Section 10-18-105(1)Verify source
§ 10-18-105(1)(a)Subsection 10-18-105(1)(a)Provision

provide: a broadband service; a cable television service; or a public telecommunications service; or

provide: a broadband service; a cable television service; or a public telecommunications service; or
Section 10-18-105(1)(a)Verify source
§ 10-18-105(1)(a)(i)Subsection 10-18-105(1)(a)(i)Provision

a broadband service;

a broadband service;
Section 10-18-105(1)(a)(i)Verify source
§ 10-18-105(1)(a)(ii)Subsection 10-18-105(1)(a)(ii)Provision

a cable television service; or

a cable television service; or
Section 10-18-105(1)(a)(ii)Verify source
§ 10-18-105(1)(a)(iii)Subsection 10-18-105(1)(a)(iii)Provision

a public telecommunications service; or

a public telecommunications service; or
Section 10-18-105(1)(a)(iii)Verify source
§ 10-18-105(1)(b)Subsection 10-18-105(1)(b)Provision

purchase, lease, construct, maintain, or operate a facility for the purpose of providing: a broadband service; a cable television service; or a public telecommunications service.

purchase, lease, construct, maintain, or operate a facility for the purpose of providing: a broadband service; a cable television service; or a public telecommunications service.
Section 10-18-105(1)(b)Verify source
§ 10-18-105(1)(b)(i)Subsection 10-18-105(1)(b)(i)Provision

a broadband service;

a broadband service;
Section 10-18-105(1)(b)(i)Verify source
§ 10-18-105(1)(b)(ii)Subsection 10-18-105(1)(b)(ii)Provision

a cable television service; or

a cable television service; or
Section 10-18-105(1)(b)(ii)Verify source
§ 10-18-105(1)(b)(iii)Subsection 10-18-105(1)(b)(iii)Provision

a public telecommunications service.

a public telecommunications service.
Section 10-18-105(1)(b)(iii)Verify source
§ 10-18-105(2)Subsection 10-18-105(2)Provision

Except as provided in Subsections (3) and (4) , this chapter does not apply to a municipality purchasing, leasing, constructing, or equipping a facility: that is designed to provide a service within the municipality; and that the

Except as provided in Subsections (3) and (4) , this chapter does not apply to a municipality purchasing, leasing, constructing, or equipping a facility: that is designed to provide a service within the municipality; and that the municipality: uses for internal municipal government purposes; or 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: a broadband service; a cable television service; or a public telecommunications service.
Section 10-18-105(2)Verify source
§ 10-18-105(2)(a)Subsection 10-18-105(2)(a)Provision

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

that is designed to provide a service within the municipality; and
Section 10-18-105(2)(a)Verify source
§ 10-18-105(2)(b)Subsection 10-18-105(2)(b)Provision

The municipality may use the facility for internal municipal government purposes or, by written contract, allow a private provider to use it for broadband, cable television, or public telecommunications services.

that the municipality: uses for internal municipal government purposes; or 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: a broadband service; a cable television service; or a public telecommunications service.
Section 10-18-105(2)(b)Verify source
§ 10-18-105(2)(b)(i)Subsection 10-18-105(2)(b)(i)Provision

uses for internal municipal government purposes; or

uses for internal municipal government purposes; or
Section 10-18-105(2)(b)(i)Verify source
§ 10-18-105(2)(b)(ii)Subsection 10-18-105(2)(b)(ii)Provision

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: a broadband service; a cable television service; or a public

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: a broadband service; a cable television service; or a public telecommunications service.
Section 10-18-105(2)(b)(ii)Verify source
§ 10-18-105(2)(b)(ii)(A)Subsection 10-18-105(2)(b)(ii)(A)Provision

a broadband service;

a broadband service;
Section 10-18-105(2)(b)(ii)(A)Verify source
§ 10-18-105(2)(b)(ii)(B)Subsection 10-18-105(2)(b)(ii)(B)Provision

a cable television service; or

a cable television service; or
Section 10-18-105(2)(b)(ii)(B)Verify source
§ 10-18-105(2)(b)(ii)(C)Subsection 10-18-105(2)(b)(ii)(C)Provision

a public telecommunications service.

a public telecommunications service.
Section 10-18-105(2)(b)(ii)(C)Verify source
§ 10-18-105(3)Subsection 10-18-105(3)Provision

A municipal entity must follow certain municipal obligations when it acquires or develops a facility and gives a private provider contract rights to use it for broadband, cable television, or public telecommunications services.

As used in this Subsection (3) , "municipal entity" means: a municipality; or an entity created pursuant to an agreement: under Title 11, Chapter 13, Interlocal Cooperation Act ; and to which a municipality is a party. 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: a broadband service; a cable television service; or a public telecommunications service. 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: Section 10-18-302 ; and Subsections 10-18-303(5) and (6).
Section 10-18-105(3)Verify source
§ 10-18-105(3)(a)Subsection 10-18-105(3)(a)Provision

This subsection defines “municipal entity.”

As used in this Subsection (3) , "municipal entity" means: a municipality; or an entity created pursuant to an agreement: under Title 11, Chapter 13, Interlocal Cooperation Act ; and to which a municipality is a party.
Section 10-18-105(3)(a)Verify source
§ 10-18-105(3)(a)(i)Subsection 10-18-105(3)(a)(i)Provision

a municipality; or

a municipality; or
Section 10-18-105(3)(a)(i)Verify source
§ 10-18-105(3)(a)(ii)Subsection 10-18-105(3)(a)(ii)Provision

an entity created pursuant to an agreement: under Title 11, Chapter 13, Interlocal Cooperation Act ; and to which a municipality is a party.

an entity created pursuant to an agreement: under Title 11, Chapter 13, Interlocal Cooperation Act ; and to which a municipality is a party.
Section 10-18-105(3)(a)(ii)Verify source
§ 10-18-105(3)(a)(ii)(A)Subsection 10-18-105(3)(a)(ii)(A)Provision

under Title 11, Chapter 13, Interlocal Cooperation Act ; and

under Title 11, Chapter 13, Interlocal Cooperation Act ; and
Section 10-18-105(3)(a)(ii)(A)Verify source
§ 10-18-105(3)(a)(ii)(B)Subsection 10-18-105(3)(a)(ii)(B)Provision

to which a municipality is a party.

to which a municipality is a party.
Section 10-18-105(3)(a)(ii)(B)Verify source
§ 10-18-105(3)(b)Subsection 10-18-105(3)(b)Provision

A municipal entity must comply with Subsection (3)(c) when it buys, leases, builds, or equips a facility and then, by written contract, leases it, sells capacity in it, or grants similar rights to a private provider for broadband, cable television, or public telecommunications use.

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: a broadband service; a cable television service; or a public telecommunications service.
Section 10-18-105(3)(b)Verify source
§ 10-18-105(3)(b)(i)Subsection 10-18-105(3)(b)(i)Provision

a broadband service;

a broadband service;
Section 10-18-105(3)(b)(i)Verify source
§ 10-18-105(3)(b)(ii)Subsection 10-18-105(3)(b)(ii)Provision

a cable television service; or

a cable television service; or
Section 10-18-105(3)(b)(ii)Verify source
§ 10-18-105(3)(b)(iii)Subsection 10-18-105(3)(b)(iii)Provision

a public telecommunications service.

a public telecommunications service.
Section 10-18-105(3)(b)(iii)Verify source
§ 10-18-105(3)(c)Subsection 10-18-105(3)(c)Provision

A municipal entity covered by Subsection (3)(b) must comply with the municipality obligations in Section 10-18-302 and Subsections 10-18-303(5) and (6) for actions covered by Subsection (3)(b).

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: Section 10-18-302 ; and Subsections 10-18-303(5) and (6).
Section 10-18-105(3)(c)Verify source
§ 10-18-105(3)(c)(i)Subsection 10-18-105(3)(c)(i)Provision

Section 10-18-302 ; and

Section 10-18-302 ; and
Section 10-18-105(3)(c)(i)Verify source
§ 10-18-105(3)(c)(ii)Subsection 10-18-105(3)(c)(ii)Provision

Subsections 10-18-303(5) and (6).

Subsections 10-18-303(5) and (6).
Section 10-18-105(3)(c)(ii)Verify source
§ 10-18-105(4)Subsection 10-18-105(4)Provision

A municipality described in Subsection (2) may call an election under Section 10-18-204 for a communications service facility.

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.
Section 10-18-105(4)Verify source

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