10-18-301. Enterprise funds for broadband, cable television, or public telecommunications services.

380 words·~2 min read·/ut/title-10/chapter-18/10-18-301

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

Effective 5/7/2025

(1)A municipality that provides a broadband service, a cable television service, or a public telecommunications service under this chapter:

(a)shall establish separate enterprise funds to account for the municipality's operations of a broadband service, cable television service, or public telecommunications service;

(b)may fund the services through:

(i)revenues earned from operation of the broadband, cable television, or public telecommunications service; or

(ii)revenue bonds or government obligation bonds authorized in Section 10-18-302 ;

(c)may, for accounting purposes only, account for the municipality's broadband services, cable television services, and public telecommunications services in a single enterprise fund under Chapter 6, Uniform Fiscal Procedures Act for Utah Cities ;

(d)shall, consistent with the requirements of Section 10-6-135 , adopt separate operating and capital budgets for the municipality's:

(i)broadband services;

(ii)cable television services; and

(iii)public telecommunications services;

(e)may not transfer any appropriation or other balance in any enterprise fund established by the municipality under this section to another enterprise fund;

(f)may not transfer any appropriation or other balance in any other enterprise fund established by the municipality under Chapter 6, Uniform Fiscal Procedures Act for Utah Cities , to any enterprise fund established by the municipality under this section;

(g)shall maintain separation between the municipality's role as a competitive provider of a broadband service, cable television service, or public telecommunications service, and the municipality's role as a regulator over private providers that offer a service in competition with the service offered by the municipality, including with respect to the personnel, real property, operational capabilities, and other resources between these separate functions; and

(h)may not share any non-public information between employees or contractors responsible for executing the municipality's role as a competitive provider of a broadband service, cable television service, or public telecommunications service, and employees or contractors responsible for executing the municipality's role as a regulator over private providers that offer a service in competition with a service offered by the municipality.

(2)The restrictions on transfers described in Subsections (1)(e) and

(f)do not apply to transfers made by a municipality between other enterprise funds established by the municipality.

Amended by Chapter 45 , 2025 General Session