10-18-104. Application to existing contracts.
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/ut/title-10/chapter-18/10-18-104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
10-18-104. Application to existing contracts.
(a)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:
(i)is exempt from Part 2, Conditions for Providing Services ; and
(ii)is subject to Part 3, Operational Requirements and Limitations .
(b)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.
(a)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:
(i)is exempt from Part 2, Conditions for Providing Services; and
(ii)is subject to Part 3, Operational Requirements and Limitations.
(b)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.
(3)This chapter does not:
(a)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:
(i)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)a broadband service;
(B)a cable television service; or
(C)a public telecommunications service;
(ii)with a private provider for the use of the facility described in Subsection (3)(a)(i) in connection with the private provider offering:
(A)a broadband service;
(B)a cable television service; or
(C)a public telecommunications service;
(iii)with a subscriber for providing:
(A)a broadband service;
(B)a cable television service; or
(C)a public telecommunications service; or
(iv)to obtain or secure financing for the acquisition or operation of the municipality's facilities or equipment used in connection with providing:
(A)a broadband service;
(B)a cable television service; or
(C)a public telecommunications service; or
(b)impair any security interest granted by a municipality as collateral for the municipality's obligations under a contract described in Subsection (3)(a).
(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.
(b)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.
(c)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.
(d)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.
(5)In accordance with Subsection
(4), a municipality described in Subsection
(4)is exempt from this chapter except for:
(a)Subsection 10-18-303(6) ;
(b)Subsection 10-18-303(9) ;
(c)Subsection 10-18-303(12) ;
(d)Section 10-18-304 ; and
(e)Section 10-18-305 .
Amended by Chapter 45 , 2025 General Session