(1) Except as provided in this article, a local government shall not:
Provide to one or more subscribers cable television service, telecommunications service, or advanced service; or
Purchase, lease, construct, maintain, or operate any facility for the purpose of providing cable television service, telecommunications service, or advanced service to one or more subscribers.
(2) For purposes of this article, a local government provides cable television service, telecommunications service, or advanced service if the local government provides the cable television service, telecommunications service, or advanced service to one or more subscribers:
Directly;
Indirectly by means that include but are not limited to the following:
Through an authority or instrumentality acting on behalf of the local government orfor the benefit of the local government by itself;
Through a partnership or joint venture;
Through a sale and leaseback arrangement;
By contract, including a contract whereby the local government leases, sells capacityin, or grants other similar rights to a private provider to use local governmental facilities designed or constructed to provide cable television service, telecommunications service, or advanced service for internal local government purposes in connection with a private provider's offering of cable television service, telecommunications service, or advanced service; or
Through sale or purchase of resale or wholesale cable television service, telecommunications service, or advanced service for the purpose of providing cable television service, telecommunications service, or advanced service to one or more subscribers.
(3) Nothing in this article shall be construed to limit the authority of a local government to lease to a private provider physical space in or on its property for the placement of equipment or facilities the private provider uses to provide cable television, telecommunications, or advanced services.
Source: L. 2005: Entire article added, p. 1281, § 1, effective June 3.