10-18-202. Required steps before a municipality may provide broadband, cable television, or public telecommunications services.
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/ut/title-10/chapter-18/10-18-202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
10-18-202. Required steps before a municipality may provide broadband, cable television, or public telecommunications services.
Before a municipality may engage or offer to engage in an activity described in Subsection 10-18-201(1) , the legislative body of the municipality shall:
(1)hold a preliminary public hearing;
(2)if the legislative body elects to proceed after holding the preliminary public hearing required by Subsection
(1), approve the hiring of a feasibility consultant to conduct a feasibility study in accordance with Section 10-18-203 ;
(3)determine whether under the feasibility study conducted under Section 10-18-203 , the average annual revenues under Subsection 10-18-203(2)(f) exceed the average annual costs under Subsection 10-18-203(2)(e) by at least the amount necessary to meet the bond obligations of any bonds issued to fund the proposed broadband service, cable television service, or public telecommunications service:
(a)based on the feasibility study's analysis:
(i)for the first year of the study; and
(ii)the five-year projection; and
(b)separately stated with respect to:
(i)the proposed broadband service;
(ii)the proposed cable television service; or
(iii)the proposed public telecommunications service;
(4)if the conditions of Subsection
(3)are met, hold the public hearings required by Section 10-18-203 ; and
(5)after holding the public hearings required by Section 10-18-203 , if the legislative body of the municipality elects to proceed, adopt by resolution the feasibility study.
Amended by Chapter 45 , 2025 General Session