10-18-105. Scope of chapter.
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/ut/title-10/chapter-18/10-18-105·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
10-18-105. Scope of chapter.
(1)Nothing in this chapter authorizes any county or other political subdivision of this state other than a municipality to:
(a)provide:
(i)a broadband service;
(ii)a cable television service; or
(iii)a public telecommunications service; or
(b)purchase, lease, construct, maintain, or operate a facility for the purpose of providing:
(i)a broadband service;
(ii)a cable television service; or
(iii)a public telecommunications service.
(2)Except as provided in Subsections
(3)and
(4), this chapter does not apply to a municipality purchasing, leasing, constructing, or equipping a facility:
(a)that is designed to provide a service within the municipality; and
(b)that the municipality:
(i)uses for internal municipal government purposes; or
(ii)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)a broadband service;
(B)a cable television service; or
(C)a public telecommunications service.
(a)As used in this Subsection
(3), "municipal entity" means:
(i)a municipality; or
(ii)an entity created pursuant to an agreement:
(A)under Title 11, Chapter 13, Interlocal Cooperation Act ; and
(B)to which a municipality is a party.
(b)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:
(i)a broadband service;
(ii)a cable television service; or
(iii)a public telecommunications service.
(c)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:
(i)Section 10-18-302 ; and
(ii)Subsections 10-18-303(5) and (6).
(4)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.
Amended by Chapter 45 , 2025 General Session