10-18-102. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

As used in this chapter:

(a)"Broadband service" means a mass-market retail or wholesale service that provides, via wire or radio, the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the service.

(b)"Broadband service" does not include dial-up Internet access service.

(2)"Cable television service" means:

(a)the one-way transmission to subscribers of:

(i)video programming; or

(ii)other programming service; and

(b)subscriber interaction, if any, that is required for the selection or use of:

(i)the video programming; or

(ii)other programming service.

(3)"Capital cost" means the cost of providing a service that is capitalized in accordance with generally accepted accounting principles.

(4)"Communications service facility" means a facility described in Subsection 10-18-105(2) .

(5)"Cross subsidize" means to pay a cost included in the direct costs or indirect costs of providing a service that is not accounted for in the full cost of accounting of providing the service.

(6)"Direct cost" means an expense of a municipality that:

(a)is directly attributable to providing:

(i)a broadband service;

(ii)a cable television service; or

(iii)a public telecommunications service; and

(b)would be eliminated if the service described in Subsection (6)(a) were not provided by the municipality.

(7)"Feasibility consultant" means an individual or entity with expertise in the processes and economics of providing:

(a)a broadband service;

(b)a cable television service; and

(c)a public telecommunications service.

(a)"Full-cost accounting" means the accounting of all costs incurred by a municipality in providing:

(i)a broadband service;

(ii)a cable television service; or

(iii)a public telecommunications service.

(b)The costs included in a full-cost accounting include all:

(i)capital costs;

(ii)direct costs; and

(iii)indirect costs.

(a)"Indirect cost" means a cost identified with two or more services or other functions that is not directly identified with a single service or function.

(b)"Indirect cost" may include cost factors for:

(i)administration;

(ii)accounting;

(iii)personnel;

(iv)purchasing;

(v)legal support; and

(vi)other staff or departmental support.

(10)"Private provider" means a person that:

(a)provides:

(i)a broadband service;

(ii)a cable television service; or

(iii)a public telecommunications service; and

(b)is a private entity.

(a)"Public telecommunications service" means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally.

(b)"Public telecommunications service" does not include broadband service.

(12)"Subscriber" means a person that lawfully receives:

(a)a broadband service;

(b)a cable television service; or

(c)a public telecommunications service.

Amended by Chapter 45 , 2025 General Session