10-18-203. Feasibility study on providing broadband, cable television, or public telecommunications services -- Public hearings -- Notice.

577 words·~3 min read·/ut/title-10/chapter-18/10-18-203

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Effective 5/7/2025

(1)If a feasibility consultant is hired under Section 10-18-202 , the legislative body of the municipality shall require the feasibility consultant to:

(a)complete the feasibility study in accordance with this section;

(b)submit to the legislative body by no later than 180 days from the date the feasibility consultant is hired to conduct the feasibility study:

(i)the full written results of the feasibility study; and

(ii)a summary of the results that is no longer than one page in length; and

(c)attend the public hearings described in Subsection

(4)to:

(i)present the feasibility study results; and

(ii)respond to questions from the public.

(2)The feasibility study described in Subsection

(1)shall at a minimum consider:

(a)whether the municipality providing a broadband service, a cable television service, or a public telecommunications service in the manner proposed by the municipality will hinder or advance competition for the same service in the municipality;

(b)whether but for the municipality any person would provide the proposed:

(i)broadband service;

(ii)cable television service; or

(iii)public telecommunications service;

(c)the fiscal impact on the municipality of:

(i)the capital investment in facilities that will be used to provide the proposed:

(A)broadband service;

(B)cable television service; or

(C)public telecommunications service; and

(ii)the expenditure of funds for labor, financing, and administering the proposed:

(A)broadband service;

(B)cable television service; or

(C)public telecommunications service;

(d)the projected growth in demand in the municipality for the proposed:

(i)broadband service;

(ii)cable television service; or

(iii)public telecommunications service;

(e)the projections, from the time of the feasibility study, for the next 10 years, of a full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the facilities necessary to provide the proposed:

(i)broadband service;

(ii)cable television service; or

(iii)public telecommunications service; and

(f)the projections, from the time of the feasibility study, for the next 10 years of the revenues to be generated from the proposed:

(i)broadband service;

(ii)cable television service; or

(iii)public telecommunications service.

(3)For purposes of the financial projections required under Subsections (2)(e) and

(f), the feasibility consultant shall assume that the municipality will price the proposed broadband service, cable television service, or public telecommunications service consistent with Subsection 10-18-303(7) .

(4)If the results of the feasibility study satisfy the revenue requirement of Subsection 10-18-202(3) , the legislative body, at the next regular meeting after the legislative body receives the results of the feasibility study, shall schedule at least two public hearings to be held:

(a)within 90 days after the day of the meeting at which the public hearings are scheduled;

(b)at least three weeks apart; and

(c)for the purpose of allowing:

(i)the feasibility consultant to present the results of the feasibility study; and

(ii)the public to:

(A)become informed about the feasibility study results; and

(B)ask questions of the feasibility consultant about the results of the feasibility study.

(5)The municipality shall provide notice of the public hearings required under Subsection

(4)for the municipality, as a class A notice under Section 63G-30-102 , for at least three weeks before the day on which the first public hearing required under Subsection

(4)is held.

Amended by Chapter 45 , 2025 General Session