10-18-105 - Scope of chapter. - Utah Statutes

10-18-105. Scope of chapter.
(1) Nothing in this chapter authorizes any county or other political subdivision of thisstate to:
(a) provide:
(i) a cable television service; or
(ii) a public telecommunications service; or
(b) purchase, lease, construct, maintain, or operate a facility for the purpose of providing:
(i) a cable television service; or
(ii) a public telecommunications service.
(2) Except as provided in Subsection (3), this chapter does not apply to a municipalitypurchasing, leasing, constructing, or equipping facilities:
(a) that are designed to provide services 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 privateprovider to use the facilities in connection with a private provider offering:
(A) cable television services; or
(B) public telecommunications services.
(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) Notwithstanding Subsection (2), a municipal entity shall comply with Subsection(3)(c) if the municipal entity purchases, leases, constructs, or equips facilities that the municipalentity by written contract leases, sells capacity in, or grants other similar rights to a privateprovider to use the facilities in connection with a private provider offering:
(i) cable television services; or
(ii) public telecommunications services.
(c) A municipal entity described in Subsection (3)(b) shall, with respect to an actiondescribed in Subsection (3)(b), comply with the obligations imposed on a municipality pursuantto:
(i) Section 10-18-302; and
(ii) Subsections 10-18-303(3) and (4).

Amended by Chapter 270, 2004 General Session