United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-18-203

If a feasibility consultant is hired, the municipality’s legislative body must require a feasibility study, a written report and summary within 180 days, attendance at public hearings, and notice of any hearings;…

broadbandbroadband servicecable televisioncable television servicescompetition analysisfeasibility studiesfeasibility studyfiscal impactmunicipal broadbandmunicipal competitionmunicipal demandnoticepublic hearingspublic telecommunications servicepublic telecommunications servicestelecommunications

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“If a feasibility consultant is hired, the municipality’s legislative body must require a feasibility study, a written report and summary within 180 days, attendance at public hearings, and notice of any hearings; if the study meets the revenue requirement, at least two hearings must be scheduled.”

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Subsection 10-18-203(2)(b)

whether but for the municipality any person would provide the proposed: broadband service; cable television service; or public telecommunications service;

Section 10-18-203(2)(b)

Subsection 10-18-203(5)

The municipality must give notice of the public hearings required under Subsection (4).

Section 10-18-203(5)

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Showing 46 of 46 provisions

Provision 45Substitution

Part 10-18-2

part 10-18-2 Conditions for Providing Services

§ 10-18-203Feasibility study on providing broadband, cable television, or public telecommunications services -- Public hearings -- Notice.Provision

If a feasibility consultant is hired, the municipality’s legislative body must require a feasibility study, a written report and summary within 180 days, attendance at public hearings, and notice of any hearings; if the study meets the revenue requirement, at least two hearings must be scheduled.

Feasibility study on providing broadband, cable television, or public telecommunications services -- Public hearings -- Notice. If a feasibility consultant is hired under Section 10-18-202 , the legislative body of the municipality shall require the feasibility consultant to: complete the feasibility study in accordance with this section; submit to the legislative body by no later than 180 days from the date the feasibility consultant is hired to conduct the feasibility study: the full written results of the feasibility study; and a summary of the results that is no longer than one page in length; and attend the public hearings described in Subsection (4) to: present the feasibility study results; and respond to questions from the public. The feasibility study described in Subsection (1) shall at a minimum consider: whether the municipality providing a broadband service, a cable television service, or a public telecommunications service in the manner proposed by the municipality will hinder or advance competition for the same service in the municipality; whether but for the municipality any person would provide the proposed: broadband service; cable television service; or public telecommunications service; the fiscal impact on the municipality of: the capital investment in facilities that will be used to provide the proposed: broadband service; cable television service; or public telecommunications service; and the expenditure of funds for labor, financing, and administering the proposed: broadband service; cable television service; or public telecommunications service; the projected growth in demand in the municipality for the proposed: broadband service; cable television service; or public telecommunications service; the projections, from the time of the feasibility study, for the next 10 years, of a full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the facilities necessary to provide the proposed: broadband service; cable television service; or public telecommunications service; and the projections, from the time of the feasibility study, for the next 10 years of the revenues to be generated from the proposed: broadband service; cable television service; or public telecommunications service. For purposes of the financial projections required under Subsections (2)(e) and (f) , the feasibility consultant shall assume that the municipality will price the proposed broadband service, cable television service, or public telecommunications service consistent with Subsection 10-18-303(7) . If the results of the feasibility study satisfy the revenue requirement of Subsection 10-18-202(3) , the legislative body, at the next regular meeting after the legislative body receives the results of the feasibility study, shall schedule at least two public hearings to be held: within 90 days after the day of the meeting at which the public hearings are scheduled; at least three weeks apart; and for the purpose of allowing: the feasibility consultant to present the results of the feasibility study; and the public to: become informed about the feasibility study results; and ask questions of the feasibility consultant about the results of the feasibility study. The municipality shall provide notice of the public hearings required under Subsection (4) for the municipality, as a class A notice under Section 63G-30-102 , for at least three weeks before the day on which the first public hearing required under Subsection (4) is held.
Section 10-18-203Verify source
§ 10-18-203(1)Subsection 10-18-203(1)Provision

If a feasibility consultant is hired under Section 10-18-202, the municipal legislative body must require the consultant to complete the feasibility study, submit the full written results and a one-page summary within 180 days of hire, and attend public hearings to present the results and answer questions.

If a feasibility consultant is hired under Section 10-18-202 , the legislative body of the municipality shall require the feasibility consultant to: complete the feasibility study in accordance with this section; submit to the legislative body by no later than 180 days from the date the feasibility consultant is hired to conduct the feasibility study: the full written results of the feasibility study; and a summary of the results that is no longer than one page in length; and attend the public hearings described in Subsection (4) to: present the feasibility study results; and respond to questions from the public.
Section 10-18-203(1)Verify source
§ 10-18-203(1)(a)Subsection 10-18-203(1)(a)Provision

Complete the feasibility study as required by this section.

complete the feasibility study in accordance with this section;
Section 10-18-203(1)(a)Verify source
§ 10-18-203(1)(b)Subsection 10-18-203(1)(b)Provision

The material must be submitted to the legislative body within 180 days after the feasibility consultant is hired.

submit to the legislative body by no later than 180 days from the date the feasibility consultant is hired to conduct the feasibility study: the full written results of the feasibility study; and a summary of the results that is no longer than one page in length; and
Section 10-18-203(1)(b)Verify source
§ 10-18-203(1)(b)(i)Subsection 10-18-203(1)(b)(i)Provision

the full written results of the feasibility study; and

the full written results of the feasibility study; and
Section 10-18-203(1)(b)(i)Verify source
§ 10-18-203(1)(b)(ii)Subsection 10-18-203(1)(b)(ii)Provision

a summary of the results that is no longer than one page in length; and

a summary of the results that is no longer than one page in length; and
Section 10-18-203(1)(b)(ii)Verify source
§ 10-18-203(1)(c)Subsection 10-18-203(1)(c)Provision

A person attending the public hearings described in Subsection (4) must attend and present the feasibility study results and answer questions from the public.

attend the public hearings described in Subsection (4) to: present the feasibility study results; and respond to questions from the public.
Section 10-18-203(1)(c)Verify source
§ 10-18-203(1)(c)(i)Subsection 10-18-203(1)(c)(i)Provision

present the feasibility study results; and

present the feasibility study results; and
Section 10-18-203(1)(c)(i)Verify source
§ 10-18-203(1)(c)(ii)Subsection 10-18-203(1)(c)(ii)Provision

respond to questions from the public.

respond to questions from the public.
Section 10-18-203(1)(c)(ii)Verify source
§ 10-18-203(2)Subsection 10-18-203(2)Substitution

The feasibility study must consider competition, market substitution, fiscal impact, demand growth, 10-year full-cost accounting, and 10-year revenue projections for proposed municipal broadband, cable television, or public telecommunications services.

The feasibility study described in Subsection (1) shall at a minimum consider: whether the municipality providing a broadband service, a cable television service, or a public telecommunications service in the manner proposed by the municipality will hinder or advance competition for the same service in the municipality; whether but for the municipality any person would provide the proposed: broadband service; cable television service; or public telecommunications service; the fiscal impact on the municipality of: the capital investment in facilities that will be used to provide the proposed: broadband service; cable television service; or public telecommunications service; and the expenditure of funds for labor, financing, and administering the proposed: broadband service; cable television service; or public telecommunications service; the projected growth in demand in the municipality for the proposed: broadband service; cable television service; or public telecommunications service; the projections, from the time of the feasibility study, for the next 10 years, of a full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the facilities necessary to provide the proposed: broadband service; cable television service; or public telecommunications service; and the projections, from the time of the feasibility study, for the next 10 years of the revenues to be generated from the proposed: broadband service; cable television service; or public telecommunications service.
Section 10-18-203(2)Verify source
§ 10-18-203(2)(a)Subsection 10-18-203(2)(a)Provision

whether the municipality providing a broadband service, a cable television service, or a public telecommunications service in the manner proposed by the municipality will hinder or advance competition for the same service in the

whether the municipality providing a broadband service, a cable television service, or a public telecommunications service in the manner proposed by the municipality will hinder or advance competition for the same service in the municipality;
Section 10-18-203(2)(a)Verify source
§ 10-18-203(2)(b)Subsection 10-18-203(2)(b)Provision

whether but for the municipality any person would provide the proposed: broadband service; cable television service; or public telecommunications service;

whether but for the municipality any person would provide the proposed: broadband service; cable television service; or public telecommunications service;
Section 10-18-203(2)(b)Verify source
§ 10-18-203(2)(b)(i)Subsection 10-18-203(2)(b)(i)Provision

broadband service;

broadband service;
Section 10-18-203(2)(b)(i)Verify source
§ 10-18-203(2)(b)(ii)Subsection 10-18-203(2)(b)(ii)Provision

cable television service; or

cable television service; or
Section 10-18-203(2)(b)(ii)Verify source
§ 10-18-203(2)(b)(iii)Subsection 10-18-203(2)(b)(iii)Provision

public telecommunications service;

public telecommunications service;
Section 10-18-203(2)(b)(iii)Verify source
§ 10-18-203(2)(c)Subsection 10-18-203(2)(c)Provision

the fiscal impact on the municipality of: the capital investment in facilities that will be used to provide the proposed: broadband service; cable television service; or public telecommunications service; and the expenditure of funds for

the fiscal impact on the municipality of: the capital investment in facilities that will be used to provide the proposed: broadband service; cable television service; or public telecommunications service; and the expenditure of funds for labor, financing, and administering the proposed: broadband service; cable television service; or public telecommunications service;
Section 10-18-203(2)(c)Verify source
§ 10-18-203(2)(c)(i)Subsection 10-18-203(2)(c)(i)Provision

the capital investment in facilities that will be used to provide the proposed: broadband service; cable television service; or public telecommunications service; and

the capital investment in facilities that will be used to provide the proposed: broadband service; cable television service; or public telecommunications service; and
Section 10-18-203(2)(c)(i)Verify source
§ 10-18-203(2)(c)(i)(A)Subsection 10-18-203(2)(c)(i)(A)Provision

broadband service;

broadband service;
Section 10-18-203(2)(c)(i)(A)Verify source
§ 10-18-203(2)(c)(i)(B)Subsection 10-18-203(2)(c)(i)(B)Provision

cable television service; or

cable television service; or
Section 10-18-203(2)(c)(i)(B)Verify source
§ 10-18-203(2)(c)(i)(C)Subsection 10-18-203(2)(c)(i)(C)Provision

public telecommunications service; and

public telecommunications service; and
Section 10-18-203(2)(c)(i)(C)Verify source
§ 10-18-203(2)(c)(ii)Subsection 10-18-203(2)(c)(ii)Provision

the expenditure of funds for labor, financing, and administering the proposed: broadband service; cable television service; or public telecommunications service;

the expenditure of funds for labor, financing, and administering the proposed: broadband service; cable television service; or public telecommunications service;
Section 10-18-203(2)(c)(ii)Verify source
§ 10-18-203(2)(c)(ii)(A)Subsection 10-18-203(2)(c)(ii)(A)Provision

broadband service;

broadband service;
Section 10-18-203(2)(c)(ii)(A)Verify source
§ 10-18-203(2)(c)(ii)(B)Subsection 10-18-203(2)(c)(ii)(B)Provision

cable television service; or

cable television service; or
Section 10-18-203(2)(c)(ii)(B)Verify source
§ 10-18-203(2)(c)(ii)(C)Subsection 10-18-203(2)(c)(ii)(C)Provision

public telecommunications service;

public telecommunications service;
Section 10-18-203(2)(c)(ii)(C)Verify source
§ 10-18-203(2)(d)Subsection 10-18-203(2)(d)Provision

the projected growth in demand in the municipality for the proposed: broadband service; cable television service; or public telecommunications service;

the projected growth in demand in the municipality for the proposed: broadband service; cable television service; or public telecommunications service;
Section 10-18-203(2)(d)Verify source
§ 10-18-203(2)(d)(i)Subsection 10-18-203(2)(d)(i)Provision

broadband service;

broadband service;
Section 10-18-203(2)(d)(i)Verify source
§ 10-18-203(2)(d)(ii)Subsection 10-18-203(2)(d)(ii)Provision

cable television service; or

cable television service; or
Section 10-18-203(2)(d)(ii)Verify source
§ 10-18-203(2)(d)(iii)Subsection 10-18-203(2)(d)(iii)Provision

public telecommunications service;

public telecommunications service;
Section 10-18-203(2)(d)(iii)Verify source
§ 10-18-203(2)(e)Subsection 10-18-203(2)(e)Provision

the projections, from the time of the feasibility study, for the next 10 years, of a full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the facilities necessary to provide the proposed: broadband

the projections, from the time of the feasibility study, for the next 10 years, of a full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the facilities necessary to provide the proposed: broadband service; cable television service; or public telecommunications service; and
Section 10-18-203(2)(e)Verify source
§ 10-18-203(2)(e)(i)Subsection 10-18-203(2)(e)(i)Provision

broadband service;

broadband service;
Section 10-18-203(2)(e)(i)Verify source
§ 10-18-203(2)(e)(ii)Subsection 10-18-203(2)(e)(ii)Provision

cable television service; or

cable television service; or
Section 10-18-203(2)(e)(ii)Verify source
§ 10-18-203(2)(e)(iii)Subsection 10-18-203(2)(e)(iii)Provision

public telecommunications service; and

public telecommunications service; and
Section 10-18-203(2)(e)(iii)Verify source
§ 10-18-203(2)(f)Subsection 10-18-203(2)(f)Provision

the projections, from the time of the feasibility study, for the next 10 years of the revenues to be generated from the proposed: broadband service; cable television service; or public telecommunications service.

the projections, from the time of the feasibility study, for the next 10 years of the revenues to be generated from the proposed: broadband service; cable television service; or public telecommunications service.
Section 10-18-203(2)(f)Verify source
§ 10-18-203(2)(f)(i)Subsection 10-18-203(2)(f)(i)Provision

broadband service;

broadband service;
Section 10-18-203(2)(f)(i)Verify source
§ 10-18-203(2)(f)(ii)Subsection 10-18-203(2)(f)(ii)Provision

cable television service; or

cable television service; or
Section 10-18-203(2)(f)(ii)Verify source
§ 10-18-203(2)(f)(iii)Subsection 10-18-203(2)(f)(iii)Provision

public telecommunications service.

public telecommunications service.
Section 10-18-203(2)(f)(iii)Verify source
§ 10-18-203(3)Subsection 10-18-203(3)Provision

The feasibility consultant must assume the municipality will price the proposed broadband, cable television, or public telecommunications service in a way consistent with Subsection 10-18-303(7).

For purposes of the financial projections required under Subsections (2)(e) and (f) , the feasibility consultant shall assume that the municipality will price the proposed broadband service, cable television service, or public telecommunications service consistent with Subsection 10-18-303(7) .
Section 10-18-203(3)Verify source
§ 10-18-203(4)Subsection 10-18-203(4)Provision

If the feasibility study meets the revenue requirement in Subsection 10-18-202(3), the legislative body must schedule at least two public hearings.

If the results of the feasibility study satisfy the revenue requirement of Subsection 10-18-202(3) , the legislative body, at the next regular meeting after the legislative body receives the results of the feasibility study, shall schedule at least two public hearings to be held: within 90 days after the day of the meeting at which the public hearings are scheduled; at least three weeks apart; and for the purpose of allowing: the feasibility consultant to present the results of the feasibility study; and the public to: become informed about the feasibility study results; and ask questions of the feasibility consultant about the results of the feasibility study.
Section 10-18-203(4)Verify source
§ 10-18-203(4)(a)Subsection 10-18-203(4)(a)Provision

A deadline applies: within 90 days after the meeting at which the public hearings are scheduled.

within 90 days after the day of the meeting at which the public hearings are scheduled;
Section 10-18-203(4)(a)Verify source
§ 10-18-203(4)(b)Subsection 10-18-203(4)(b)Provision

at least three weeks apart; and

at least three weeks apart; and
Section 10-18-203(4)(b)Verify source
§ 10-18-203(4)(c)Subsection 10-18-203(4)(c)Provision

for the purpose of allowing: the feasibility consultant to present the results of the feasibility study; and the public to: become informed about the feasibility study results; and ask questions of the feasibility consultant about the

for the purpose of allowing: the feasibility consultant to present the results of the feasibility study; and the public to: become informed about the feasibility study results; and ask questions of the feasibility consultant about the results of the feasibility study.
Section 10-18-203(4)(c)Verify source
§ 10-18-203(4)(c)(i)Subsection 10-18-203(4)(c)(i)Provision

the feasibility consultant to present the results of the feasibility study; and

the feasibility consultant to present the results of the feasibility study; and
Section 10-18-203(4)(c)(i)Verify source
§ 10-18-203(4)(c)(ii)Subsection 10-18-203(4)(c)(ii)Provision

The public may become informed about the feasibility study results and ask the feasibility consultant questions about those results.

the public to: become informed about the feasibility study results; and ask questions of the feasibility consultant about the results of the feasibility study.
Section 10-18-203(4)(c)(ii)Verify source
§ 10-18-203(4)(c)(ii)(A)Subsection 10-18-203(4)(c)(ii)(A)Provision

An actor must become informed about the feasibility study results.

become informed about the feasibility study results; and
Section 10-18-203(4)(c)(ii)(A)Verify source
§ 10-18-203(4)(c)(ii)(B)Subsection 10-18-203(4)(c)(ii)(B)Provision

ask questions of the feasibility consultant about the results of the feasibility study.

ask questions of the feasibility consultant about the results of the feasibility study.
Section 10-18-203(4)(c)(ii)(B)Verify source
§ 10-18-203(5)Subsection 10-18-203(5)Provision

The municipality must give notice of the public hearings required under Subsection (4).

The municipality shall provide notice of the public hearings required under Subsection (4) for the municipality, as a class A notice under Section 63G-30-102 , for at least three weeks before the day on which the first public hearing required under Subsection (4) is held.
Section 10-18-203(5)Verify source

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