General operating limitations.

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(1) A local government that provides cable television service, telecommunications service, or advanced service under this article shall comply with all state and federal laws, rules, and regulations governing provision of such service by a private provider; except that nothing herein shall be construed to affect the jurisdiction of the public utilities commission with respect to municipal utilities.

(2) (a) A local government shall not make or grant any undue or unreasonable preference or advantage to itself or to any private provider of cable television services, telecommunications services, or advanced services.

(b) A local government shall apply without discrimination as to itself and to any private provider the local government's ordinances, rules, and policies, including those relating to:

  1. Obligation to serve;

  2. Access to public rights-of-way;

  3. Permitting;

  4. Performance bonding where an entity other than the local government is performingthe work;

  5. Reporting; and

  6. Quality of service.

Source: L. 2005: Entire article added, p. 1283, § 1, effective June 3.


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