10-18 - Municipal Cable Television and Communications Services Act
Title 10 > 10-18
Sections (16)
General Provisions
10-18-101 - Title — Policy statement.
(1) ensure that broadband services, cable television services, and public telecommunications services are provided through fair competition consistent with the federal Communications Act of 1934, as amended, in order to provide the widest possible diversity of information and news sources to the general public;
(2) advance the exercise of rights under the First Amendment of the Constitution of the United States;
(3) enhance the development and widespread use of technological advances in providing broadband services, cable television services, and public telecommunications services;
(4) encourage improved customer service of broadband services, cable television services, and public telecommunications services at competitive rates;
(5) ensure that broadband services, cable television services, and public telecommunications services are each provided within a consistent, comprehensive, and nondiscriminatory federal, state, and local government framework; and
(6) ensure that when a municipality provides to the municipality’s inhabitants broadband services, cable television services, public telecommunications services, or any combination of those services, and competes with private providers whose activities are regulated by the municipality, the municipality does not discriminate against the competing providers of the same services.
Amended by Chapter 45, 2025 General Session
10-18-102 - Definitions.
As used in this chapter:
(1) “Broadband service” means a mass-market retail or wholesale service that provides, via wire or radio, the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the service.”Broadband service” does not include dial-up Internet access service.
(2) “Cable television service” means:the one-way transmission to subscribers of:video programming; orother programming service; andsubscriber interaction, if any, that is required for the selection or use of:the video programming; orother programming service.
(3) “Capital cost” means the cost of providing a service that is capitalized in accordance with generally accepted accounting principles.
(4) “Communications service facility” means a facility described in Subsection 10-18-105(2).
(5) “Cross subsidize” means to pay a cost included in the direct costs or indirect costs of providing a service that is not accounted for in the full cost of accounting of providing the service.
(6) “Direct cost” means an expense of a municipality that:is directly attributable to providing:a broadband service;a cable television service; ora public telecommunications service; andwould be eliminated if the service described in Subsection (6)(a) were not provided by the municipality.
(7) “Feasibility consultant” means an individual or entity with expertise in the processes and economics of providing:a broadband service;a cable television service; anda public telecommunications service.
(8) “Full-cost accounting” means the accounting of all costs incurred by a municipality in providing:a broadband service;a cable television service; ora public telecommunications service.The costs included in a full-cost accounting include all:capital costs;direct costs; andindirect costs.
(9) “Indirect cost” means a cost identified with two or more services or other functions that is not directly identified with a single service or function.”Indirect cost” may include cost factors for:administration;accounting;personnel;purchasing;legal support; andother staff or departmental support.
(10) “Private provider” means a person that:provides:a broadband service;a cable television service; ora public telecommunications service; andis a private entity.
(11) “Public telecommunications service” means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally.”Public telecommunications service” does not include broadband service.
(12) “Subscriber” means a person that lawfully receives:a broadband service;a cable television service; ora public telecommunications service.
Amended by Chapter 45, 2025 General Session
10-18-103 - Antitrust immunity.
(1) When a municipality offers or provides a broadband service, cable television service, or public telecommunications service, the immunity from antitrust liability afforded to political subdivisions of the state under Section 76-16-511 does not apply to the municipality providing those services.
(2) A municipality that provides a broadband service, cable television service, or a public telecommunications service is subject to applicable antitrust liabilities under the federal Local Government Antitrust Act of 1984, 15 U.S.C. Secs. 34 to 36.
Amended by Chapter 45, 2025 General Session
10-18-104 - Application to existing contracts.
(1) 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:is exempt from Part 2, Conditions for Providing Services; andis subject to Part 3, Operational Requirements and Limitations.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.
(2) 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:is exempt from Part 2, Conditions for Providing Services; andis subject to Part 3, Operational Requirements and Limitations.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: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: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 broadband service;a cable television service; ora public telecommunications service;with a private provider for the use of the facility described in Subsection (3)(a)(i) in connection with the private provider offering:a broadband service;a cable television service; ora public telecommunications service;with a subscriber for providing:a broadband service;a cable television service; ora public telecommunications service; orto obtain or secure financing for the acquisition or operation of the municipality’s facilities or equipment used in connection with providing:a broadband service;a cable television service; ora public telecommunications service; orimpair any security interest granted by a municipality as collateral for the municipality’s obligations under a contract described in Subsection (3)(a).
(4) 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.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.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.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:Subsection 10-18-303(6);Subsection 10-18-303(9);Subsection 10-18-303(12);Section 10-18-304; andSection 10-18-305.
Amended by Chapter 45, 2025 General Session
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:provide:a broadband service;a cable television service; ora public telecommunications service; orpurchase, lease, construct, maintain, or operate a facility for the purpose of providing:a broadband service;a cable television service; ora 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:that is designed to provide a service within the municipality; andthat the municipality:uses for internal municipal government purposes; orby 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 broadband service;a cable television service; ora public telecommunications service.
(3) As used in this Subsection (3), “municipal entity” means:a municipality; oran entity created pursuant to an agreement:under Title 11, Chapter 13, Interlocal Cooperation Act; andto which a municipality is a party.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:a broadband service;a cable television service; ora public telecommunications service.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:Section 10-18-302; andSubsections 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
10-18-106 - Severability.
If any provision of this chapter or the application of any provision of this chapter is found invalid, the remainder of this chapter shall be given effect without the invalid provision or application.
Enacted by Chapter 83, 2001 General Session
Conditions for Providing Services
10-18-201 - Limitations on providing broadband, cable television, and public telecommunications services.
(1) Except as provided in this chapter, a municipality may not:provide to one or more subscribers:a broadband service;a cable television service; ora public telecommunications service; orfor the purpose of providing a broadband service, a cable television service, or a public telecommunications service to one or more subscribers, purchase, lease, construct, maintain, or operate any facility.
(2) For purposes of this chapter, a municipality provides a broadband service, cable television service, or public telecommunications service if the municipality provides the service:directly or indirectly, including through an authority or instrumentality:acting on behalf of the municipality; orfor the benefit of the municipality;by itself;through:an entity created pursuant to an agreement under Title 11, Chapter 13, Interlocal Cooperation Act, to which the municipality is a party;a partnership; ora joint venture; orby contract, resale, or otherwise.
Amended by Chapter 45, 2025 General Session
10-18-202 - Required steps before a municipality may provide broadband, cable television, or public telecommunications services.
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:based on the feasibility study’s analysis:for the first year of the study; andthe five-year projection; andseparately stated with respect to:the proposed broadband service;the proposed cable television service; orthe 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
10-18-203 - Feasibility study on providing broadband, cable television, or public telecommunications services — Public hearings — Notice.
(1) If a feasibility consultant is hired under Section 10-18-202, the legislative body of the municipality shall require the feasibility consultant to:complete the feasibility study in accordance with this section;submit to the legislative body by no later than 180 days from the date the feasibility consultant is hired to conduct the feasibility study:the full written results of the feasibility study; anda summary of the results that is no longer than one page in length; andattend the public hearings described in Subsection (4) to:present the feasibility study results; andrespond to questions from the public.
(2) The feasibility study described in Subsection (1) shall at a minimum consider: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;whether but for the municipality any person would provide the proposed:broadband service;cable television service; orpublic telecommunications service;the fiscal impact on the municipality of:the capital investment in facilities that will be used to provide the proposed:broadband service;cable television service; orpublic telecommunications service; andthe expenditure of funds for labor, financing, and administering the proposed:broadband service;cable television service; orpublic telecommunications service;the projected growth in demand in the municipality for the proposed:broadband service;cable television service; orpublic telecommunications service;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:broadband service;cable television service; orpublic telecommunications service; andthe projections, from the time of the feasibility study, for the next 10 years of the revenues to be generated from the proposed:broadband service;cable television service; orpublic 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:within 90 days after the day of the meeting at which the public hearings are scheduled;at least three weeks apart; andfor the purpose of allowing:the feasibility consultant to present the results of the feasibility study; andthe public to:become informed about the feasibility study results; andask 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
10-18-204 - Vote permissible — Referendum.
(1) A legislative body of a municipality may, by a majority vote, call an election on whether the municipality shall provide a proposed:broadband service;cable television service; orpublic telecommunications service.A municipal legislative body that, before July 1, 2016, approves the provision of public telecommunications service facilities may, by a majority vote, call an election on whether the municipality shall provide proposed public telecommunications service facilities.If under Subsection (1)(a) the legislative body calls an election, the election shall be held:at the next municipal general election; oras provided in Subsection 20A-1-203(1), at a local special election the purpose of which is authorized by this section; andin accordance with Title 20A, Election Code, except as provided in this section.The notice of an election called under Subsection (1)(a) shall include with any other information required by law:a summary of the broadband service, cable television service, or public telecommunications service that the legislative body of the municipality proposes to provide to subscribers residing within the boundaries of the municipality;the feasibility study summary under Section 10-18-203;a statement that a full copy of the feasibility study is available for inspection and copying;the location in the municipality where the feasibility study may be inspected or copied; anda hyperlink on the municipality’s website where the feasibility study may be accessed.The notice of an election called under Subsection (1)(b) shall include a summary prepared by the municipality describing the proposed communications service facility.For an election called under Subsection (1)(a), the ballot for the election shall pose the question substantially as follows:“Shall the [name of the municipality] provide [broadband service, cable television service, or public telecommunications service] to the inhabitants of the [municipality]?“.For an election called under Subsection (1)(b), the ballot for the election shall pose the question substantially as follows:“Shall the [name of the municipality] provide a communications service facility within [name of the municipality] by [brief description of the method or means and financing terms, including total principal and interest costs, by which the communications service facility will be provided]?“.The ballot proposition may not take effect until submitted to the electors and approved by the majority of those voting on the ballot.
(2) In accordance with Title 20A, Chapter 7, Issues Submitted to the Voters, a municipal legislative body’s action to have the municipality over which the legislative body presides provide a broadband service, cable television service, or public telecommunications service is subject to local referenda.
(3) The results of an election called under Subsection (1)(b) are not binding and do not:require the municipality that called the election to take, or refrain from taking, any action; orlimit the municipality that called the election from taking any action authorized under Section 10-8-14 or 10-18-105.An election called under Subsection (1)(b) does not exempt a municipality from the applicable requirements of this chapter.
Amended by Chapter 45, 2025 General Session
Operational Requirements and Limitations
10-18-301 - Enterprise funds for broadband, cable television, or public telecommunications services.
(1) A municipality that provides a broadband service, a cable television service, or a public telecommunications service under this chapter:shall establish separate enterprise funds to account for the municipality’s operations of a broadband service, cable television service, or public telecommunications service;may fund the services through:revenues earned from operation of the broadband, cable television, or public telecommunications service; orrevenue bonds or government obligation bonds authorized in Section 10-18-302;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;shall, consistent with the requirements of Section 10-6-135, adopt separate operating and capital budgets for the municipality’s:broadband services;cable television services; andpublic telecommunications services;may not transfer any appropriation or other balance in any enterprise fund established by the municipality under this section to another enterprise fund;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;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; andmay 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
10-18-302 - Bonding authority.
(1) In accordance with Title 11, Chapter 14, Local Government Bonding Act, the legislative body of a municipality may by resolution determine to issue one or more revenue bonds or general obligation bonds to finance the capital costs for facilities necessary to provide to subscribers:a broadband service;a cable television service; ora public telecommunications service.
(2) The resolution described in Subsection (1) shall:describe the purpose for which the indebtedness is to be created; andspecify the dollar amount of the one or more bonds proposed to be issued.
(3) A revenue bond issued under this section shall be secured and paid for:from the revenues generated by the municipality from providing:subject to Subsection (4), a broadband service, if the revenue bond is issued to finance a facility for that broadband service;a cable television service, if the revenue bond is issued to finance a facility for that cable television service; anda public telecommunications service, if the revenue bond is issued to finance a facility for that public telecommunications service; andnotwithstanding Subsection (3)(b) and Subsection 10-18-303(5)(a), and subject to the requirements of Subsection (5), from revenues generated under Title 59, Chapter 12, Sales and Use Tax Act.Except as provided in Subsection (3)(a)(ii), a municipality may not pay the origination, financing, or other carrying costs associated with one or more revenue bonds issued under this section from the municipality’s general funds or other enterprise funds.
(4) A municipality may only issue a revenue bond described in Subsection (3)(a)(i)(A) if the legislative body of the municipality obtains the approval of registered voters at an election held in accordance with Title 11, Chapter 14, Local Government Bonding Act.
(5) A municipality may only issue a revenue bond described in Subsection (3)(a)(ii) if:notwithstanding Subsection 11-14-201(3) and except as provided in Subsection (6), the revenue bond is approved by the registered voters in an election held:except as provided in Subsection (5)(a)(ii), pursuant to the provisions of Title 11, Chapter 14, Local Government Bonding Act, that govern bond elections; andnotwithstanding Subsection 11-14-203(2), at a regular general election;the revenues described in Subsection (3)(a)(ii) are pledged as security for the revenue bond; andthe municipality annually appropriates the revenues described in Subsection (3)(a)(ii) to secure and pay the revenue bond issued under this section.
(6) The voter approval requirement described in Subsection (5) does not apply to a municipality that issues a revenue bond described in Subsection (3)(a)(ii), if:the bond is issued to finance a cable television service or a public telecommunications service;the municipality that is issuing the revenue bond holds a public hearing for which public notice was given by publication of the notice for the municipality, as a class A notice under Section 63G-30-102, for 14 days before the day of the public hearing; andthe notice identifies:that the notice is given pursuant to Title 11, Chapter 14, Local Government Bonding Act;the purpose for the bond to be issued;the maximum amount of the revenues described in Subsection (3)(a)(ii) that will be pledged in any fiscal year;the maximum number of years that the pledge will be in effect; andthe time, place, and location for the public hearing; andnot more than 50% of the average annual debt service of all revenue bonds described in this section to provide service throughout the municipality or municipal entity may be paid from the revenues described in Subsection (3)(a)(ii).
(7) A municipality that issues a bond pursuant to this section may not make or grant any undue or unreasonable preference or advantage to the municipality or to any private provider of:a broadband service;a cable television service; ora public telecommunications service.
(8) A municipality that issues a bond pursuant to this section shall timely disclose to the general public all matters material to the municipality’s issuance of a bond to fund the service, including:debt service delinquencies and defaults;non-payment covenant defaults;unscheduled reserve fund draws;adverse tax opinions;credit rating changes;bond calls;tender offers; andprivate debt placements.
Amended by Chapter 45, 2025 General Session
10-18-303 - General operating limitations — Notice of change to price list.
(1) A municipality that provides a broadband service, a cable television service, or a public telecommunications service under this chapter is subject to the operating limitations of this section.
(2) A municipality that provides a broadband service shall comply with:the Communications Act of 1934, as amended; andthe regulations issued by the Federal Communications Commission under the Communications Act of 1934, as amended.
(3) A municipality that provides a cable television service shall comply with:the Cable Communications Policy Act of 1984, 47 U.S.C. 521, et seq.; andthe regulations issued by the Federal Communications Commission under the Cable Communications Policy Act of 1984, 47 U.S.C. 521, et seq.
(4) A municipality that provides a public telecommunications service shall comply with:the Communications Act of 1934, as amended;the regulations issued by the Federal Communications Commission under the Communications Act of 1934, as amended;Section 54-8b-2.2 relating to:the interconnection of essential facilities; andthe purchase and sale of essential services; andthe rules made by the Public Service Commission of Utah under Section 54-8b-2.2.
(5) A municipality may not cross subsidize a broadband service, cable television service, or public telecommunications service with:tax dollars;income from other municipal or utility services;below-market rate loans from the municipality; orany other means.
(6) A municipality may not make or grant any undue or unreasonable preference or advantage to the municipality or to any private provider of:a broadband service;a cable television service; ora public telecommunications service.A municipality shall apply, without discrimination as to the municipality or a private provider, the municipality’s ordinances, rules, policies, and practices, including those relating to:obligation to serve;access to and use of public rights of way;access to and use of municipally owned or controlled conduit, towers, and utility poles;permitting;performance bonding;reporting;quality of service; andadministration of or participation in federal, state, or local funding opportunities for broadband deployment.Subsections (6)(a) and (b) do not supersede the exception for a rural telephone company in 47 U.S.C. Sec. 251.
(7) In calculating the rates charged by a municipality for a broadband service, a cable television service, or a public telecommunications service, the municipality:shall include within its rates an amount equal to all taxes, fees, and other assessments that would be applicable to a similarly situated private provider of the same services, including:federal, state, and local taxes;franchise fees;permit fees;pole attachment fees; andfees similar to those described in Subsections (7)(a)(i) through (iv); andmay not price a broadband service, cable television service, or public telecommunications service at a level that is less than the sum of:the actual direct costs of providing the service;the actual indirect costs of providing the service; andthe amount determined under Subsection (7)(a).
(8) A municipality that provides a broadband service, cable television service, or public telecommunications service shall establish and maintain a comprehensive price list of all broadband services, cable television services, or public telecommunications services offered by the municipality.The price list described in Subsection (8)(a) shall:include all terms and conditions relating to the municipality providing each broadband service, cable television service, or public telecommunications service offered by the municipality;be posted on the Utah Public Notice Website created in Section 63A-16-601; andbe available for inspection:at a designated office of the municipality; andduring normal business hours.At least five days before the date a change to a municipality’s price list becomes effective, the municipality shall provide notice of the change:for the municipality, as a class A notice under Section 63G-30-102, for at least five days; andto any other persons requesting notification of any changes to the municipality’s price list.A municipality may not offer a broadband service, a cable television service, or a public telecommunications service except in accordance with the prices, terms, and conditions set forth in the municipality’s price list.
(9) A municipality may not offer to provide or provide a broadband service, cable television service, or public telecommunications service to a subscriber that does not reside within the geographic boundaries of the municipality.
(10) A municipality shall keep accurate books and records of the municipality’s:broadband services;cable television services; andpublic telecommunications services.The books and records required to be kept under Subsection (10)(a) are subject to legislative audit to verify the municipality’s compliance with the requirements of this chapter including:pricing;recordkeeping; andantidiscrimination.
(11) A municipality shall annually produce a report of the municipality’s provision of broadband services, cable television services, and public telecommunications services.The report described in Subsection (11)(a) shall include, for each broadband service, cable television service, or public telecommunications service provided by the municipality:the price list described in Subsection (8) that is effective at the time of the report;the number of households and businesses within the coverage area of the municipality’s network;the number of subscribers to the service, including net additions or losses, for the prior fiscal year;the revenues generated from the service for the prior fiscal year;a full-cost accounting for the prior fiscal year regarding:the municipality’s purchase, lease, construction, maintenance, and operation of the facilities necessary to provide the service; andthe municipality’s expenditure of funds for labor, financing, and administering the service;the projected growth in demand in the municipality for the service for the next 10 years;the projections, from the time of the report 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 service;the projections, from the time of the report for the next 10 years, of the revenues to be generated from the service;with respect to the information described in Subsections (11)(b)(iv) through (viii), a comparison to the results of the feasibility study for the service adopted by the municipality under Section 10-18-202;a determination as to whether the revenues described in Subsection (11)(b)(iv) exceed the costs described in Subsection (11)(b)(v) by the amount necessary to meet the bond obligations of any bonds issued to fund the service; anda disclosure of events in the prior fiscal year that are material to the municipality’s issuance of bonds to fund the service, including:debt service delinquencies and defaults;non-payment covenant defaults;unscheduled reserve fund draws;adverse tax opinions;credit rating changes;bond calls;tender offers; andprivate debt placements.The report shall be submitted to the legislative body of the municipality before October 1 of each year with a summary of the report findings that is no longer than one page in length.At the next regular meeting after the legislative body of the municipality receives the report, the legislative body shall schedule a public hearing to be held within 30 days after the day of the meeting at which the public hearing is scheduled, for the purpose of allowing:the municipality’s staff to present the report; andthe public to become informed and ask questions about the report findings.The municipality shall provide notice of the public hearing described in Subsection (11)(d) for the municipality, as a class A notice under Section 63G-30-102, for at least two weeks before the day on which the public hearing is held.After the public hearing described in Subsection (11)(d), the legislative body of the municipality shall:adopt by resolution the report described in Subsection (11)(a); andmake the report available for inspection at a designated office of the municipality during normal business hours and via hyperlink on the municipality’s website.
(12) A municipality may not receive distributions from the Universal Public Telecommunications Service Support Fund established in Section 54-8b-15.
Amended by Chapter 45, 2025 General Session
10-18-304 - Eminent domain.
(1) a broadband service;
(2) a cable television service; or
(3) a public telecommunications service.
Amended by Chapter 45, 2025 General Session
10-18-305 - Quality of service standards.
(1) A municipality that provides a broadband service, a cable television service, or a public telecommunications service shall adopt an ordinance governing the quality of service the municipality shall provide to the municipality’s subscribers.
(2) The legislative body of the municipality shall ensure that the ordinance described in Subsection (1):is competitively neutral; andcontains standards that are substantially similar to the standards imposed on private providers operating within the geographic boundaries of the municipality under:the Cable Communications Policy Act of 1984, 47 U.S.C. 521, et seq.;the Communications Act of 1934, as amended;Title 54, Public Utilities;regulations issued by the Federal Communications Commission under the statutes listed in Subsections (2)(b)(i) and (ii); andrules made by the Public Service Commission of Utah under Title 54, Public Utilities.
Amended by Chapter 45, 2025 General Session
10-18-306 - Enforcement and appeal.
(1) Before a person that is or is likely to have a substantial interest affected by a municipality’s violation of this chapter may file an action in district court for violation of this chapter, that person shall file a written complaint with the municipality in accordance with this section.
(2) A municipality that provides a broadband service, a cable television service, or a public telecommunications service shall enact an ordinance establishing a procedure for the filing and resolution of complaints relating to the municipality providing:a broadband service;a cable television service; ora public telecommunications service.The procedure described in Subsection (2)(a) shall:permit any person described in Subsection (1) to file a complaint including:an individual subscriber; ora private provider that competes with the municipality in the geographic boundaries of the municipality;establish an expedited process that requires, within 45 days after the date the complaint is filed, the municipality to:hold a hearing on the complaint, unless the parties to the proceeding waive the requirement of a hearing; andissue a final decision on the complaint; andprovide that failure to render a decision within the time required shall be treated as an adverse decision for purposes of appeal.
(3) Appeal of an adverse decision from the municipality may be taken to the district court for a de novo proceeding.
Amended by Chapter 45, 2025 General Session