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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-18-306

A qualifying person must file a written complaint with the municipality before suing in district court; municipalities offering broadband, cable television, or public telecommunications services must adopt a complaint…

Source excerpt

appealcable television servicecomplaints procedurecomplaints processdistrict court appealmunicipal broadbandmunicipal complaint processpublic telecommunications serviceservice regulation
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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01

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“A qualifying person must file a written complaint with the municipality before suing in district court; municipalities offering broadband, cable television, or public telecommunications services must adopt a complaint procedure with an expedited 45-day process.”

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Enforcement and appeal.

A qualifying person must file a written complaint with the municipality before suing in district court; municipalities offering broadband, cable television, or public telecommunications services must adopt a complaint procedure with an expedited 45-day…

Section 10-18-306

Subsection 10-18-306(2)(b)(i)

A person described in Subsection (1) may file a complaint, including an individual subscriber or a competing private provider.

Section 10-18-306(2)(b)(i)

Subsection 10-18-306(2)(b)(ii)

The municipality must hold a hearing on the complaint and issue a final decision within 45 days after the complaint is filed, unless the parties waive the hearing.

Section 10-18-306(2)(b)(ii)

Subsection 10-18-306(3)

An appeal from an adverse municipal decision may be taken to district court for a de novo proceeding.

Section 10-18-306(3)

04

Source and current-law status

In force source record

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

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Showing 16 of 16 provisions

Provision 16

Part 10-18-3

part 10-18-3 Operational Requirements and Limitations

§ 10-18-306Enforcement and appeal.Provision

Source excerpt

A qualifying person must file a written complaint with the municipality before suing in district court; municipalities offering broadband, cable television, or public telecommunications services must adopt a complaint procedure with an expedited 45-day process.

Enforcement and appeal. Before a person that is or is likely to have a substantial interest affected by a municipality's violation of this chapter may file an action in district court for violation of this chapter, that person shall file a written complaint with the municipality in accordance with this section. A municipality that provides a broadband service, a cable television service, or a public telecommunications service shall enact an ordinance establishing a procedure for the filing and resolution of complaints relating to the municipality providing: a broadband service; a cable television service; or a public telecommunications service. The procedure described in Subsection (2)(a) shall: permit any person described in Subsection (1) to file a complaint including: an individual subscriber; or a private provider that competes with the municipality in the geographic boundaries of the municipality; establish an expedited process that requires, within 45 days after the date the complaint is filed, the municipality to: hold a hearing on the complaint, unless the parties to the proceeding waive the requirement of a hearing; and issue a final decision on the complaint; and provide that failure to render a decision within the time required shall be treated as an adverse decision for purposes of appeal. Appeal of an adverse decision from the municipality may be taken to the district court for a de novo proceeding.
Section 10-18-306Verify source
§ 10-18-306(1)Subsection 10-18-306(1)Provision

Source excerpt

A qualifying person must file a written complaint with the municipality before filing a district court action for violation of this chapter.

Before a person that is or is likely to have a substantial interest affected by a municipality's violation of this chapter may file an action in district court for violation of this chapter, that person shall file a written complaint with the municipality in accordance with this section.
Section 10-18-306(1)Verify source
§ 10-18-306(2)Subsection 10-18-306(2)Provision

Source excerpt

A municipality that provides broadband, cable television, or public telecommunications service must adopt a complaint procedure, allow certain persons to complain, and resolve complaints quickly.

A municipality that provides a broadband service, a cable television service, or a public telecommunications service shall enact an ordinance establishing a procedure for the filing and resolution of complaints relating to the municipality providing: a broadband service; a cable television service; or a public telecommunications service. The procedure described in Subsection (2)(a) shall: permit any person described in Subsection (1) to file a complaint including: an individual subscriber; or a private provider that competes with the municipality in the geographic boundaries of the municipality; establish an expedited process that requires, within 45 days after the date the complaint is filed, the municipality to: hold a hearing on the complaint, unless the parties to the proceeding waive the requirement of a hearing; and issue a final decision on the complaint; and provide that failure to render a decision within the time required shall be treated as an adverse decision for purposes of appeal.
Section 10-18-306(2)Verify source
§ 10-18-306(2)(a)Subsection 10-18-306(2)(a)Provision

Source excerpt

A municipality providing certain telecommunications services must enact an ordinance for filing and resolving complaints.

A municipality that provides a broadband service, a cable television service, or a public telecommunications service shall enact an ordinance establishing a procedure for the filing and resolution of complaints relating to the municipality providing: a broadband service; a cable television service; or a public telecommunications service.
Section 10-18-306(2)(a)Verify source
§ 10-18-306(2)(a)(i)Subsection 10-18-306(2)(a)(i)Provision

Source excerpt

a broadband service;

a broadband service;
Section 10-18-306(2)(a)(i)Verify source
§ 10-18-306(2)(a)(ii)Subsection 10-18-306(2)(a)(ii)Provision

Source excerpt

a cable television service; or

a cable television service; or
Section 10-18-306(2)(a)(ii)Verify source
§ 10-18-306(2)(a)(iii)Subsection 10-18-306(2)(a)(iii)Provision

Source excerpt

a public telecommunications service.

a public telecommunications service.
Section 10-18-306(2)(a)(iii)Verify source
§ 10-18-306(2)(b)Subsection 10-18-306(2)(b)Provision

Source excerpt

The procedure must let certain persons file a complaint and must provide an expedited process for the municipality to hold a hearing and issue a final decision within 45 days, unless the hearing is waived.

The procedure described in Subsection (2)(a) shall: permit any person described in Subsection (1) to file a complaint including: an individual subscriber; or a private provider that competes with the municipality in the geographic boundaries of the municipality; establish an expedited process that requires, within 45 days after the date the complaint is filed, the municipality to: hold a hearing on the complaint, unless the parties to the proceeding waive the requirement of a hearing; and issue a final decision on the complaint; and provide that failure to render a decision within the time required shall be treated as an adverse decision for purposes of appeal.
Section 10-18-306(2)(b)Verify source
§ 10-18-306(2)(b)(i)Subsection 10-18-306(2)(b)(i)Provision

Source excerpt

A person described in Subsection (1) may file a complaint, including an individual subscriber or a competing private provider.

permit any person described in Subsection (1) to file a complaint including: an individual subscriber; or a private provider that competes with the municipality in the geographic boundaries of the municipality;
Section 10-18-306(2)(b)(i)Verify source
§ 10-18-306(2)(b)(i)(A)Subsection 10-18-306(2)(b)(i)(A)Provision

Source excerpt

References an individual subscriber.

an individual subscriber; or
Section 10-18-306(2)(b)(i)(A)Verify source
§ 10-18-306(2)(b)(i)(B)Subsection 10-18-306(2)(b)(i)(B)Provision

Source excerpt

a private provider that competes with the municipality in the geographic boundaries of the municipality;

a private provider that competes with the municipality in the geographic boundaries of the municipality;
Section 10-18-306(2)(b)(i)(B)Verify source
§ 10-18-306(2)(b)(ii)Subsection 10-18-306(2)(b)(ii)Provision

Source excerpt

The municipality must hold a hearing on the complaint and issue a final decision within 45 days after the complaint is filed, unless the parties waive the hearing.

establish an expedited process that requires, within 45 days after the date the complaint is filed, the municipality to: hold a hearing on the complaint, unless the parties to the proceeding waive the requirement of a hearing; and issue a final decision on the complaint; and
Section 10-18-306(2)(b)(ii)Verify source
§ 10-18-306(2)(b)(ii)(A)Subsection 10-18-306(2)(b)(ii)(A)Provision

Source excerpt

A hearing on the complaint must be held unless the parties waive the hearing requirement.

hold a hearing on the complaint, unless the parties to the proceeding waive the requirement of a hearing; and
Section 10-18-306(2)(b)(ii)(A)Verify source
§ 10-18-306(2)(b)(ii)(B)Subsection 10-18-306(2)(b)(ii)(B)Provision

Source excerpt

Issue a final decision on the complaint.

issue a final decision on the complaint; and
Section 10-18-306(2)(b)(ii)(B)Verify source
§ 10-18-306(2)(b)(iii)Subsection 10-18-306(2)(b)(iii)Provision

Source excerpt

provide that failure to render a decision within the time required shall be treated as an adverse decision for purposes of appeal.

provide that failure to render a decision within the time required shall be treated as an adverse decision for purposes of appeal.
Section 10-18-306(2)(b)(iii)Verify source
§ 10-18-306(3)Subsection 10-18-306(3)Provision

Source excerpt

An appeal from an adverse municipal decision may be taken to district court for a de novo proceeding.

Appeal of an adverse decision from the municipality may be taken to the district court for a de novo proceeding.
Section 10-18-306(3)Verify source

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