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Utah Code § 10-18-105

Scope of chapter

Amended by Chapter 45, 2025 General Session

(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.

(3)

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.