General operating limitations.

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  • (1) A municipality that provides a cable television service shall comply with:
    • (a) the Cable Communications Policy Act of 1984, 47 U.S.C. 521, et seq.; and
    • (b) the regulations issued by the Federal Communications Commission under the Cable Communications Policy Act of 1984, 47 U.S.C. 521, et seq.
  • (2) A municipality that provides a public telecommunications service shall comply with:
    • (a) the Telecommunications Act of 1996, Pub. L. 104-104;
    • (b) the regulations issued by the Federal Communications Commission under the Telecommunications Act of 1996, Pub. L. 104-104;
    • (c) Section 54-8b-2.2 relating to:
      • (i) the interconnection of essential facilities; and
      • (ii) the purchase and sale of essential services; and
    • (d) the rules made by the Public Service Commission of Utah under Section 54-8b-2.2.
  • (3) A municipality may not cross subsidize its cable television services or its public telecommunications services with:
    • (a) tax dollars;
    • (b) income from other municipal or utility services;
    • (c) below-market rate loans from the municipality; or
    • (d) any other means.
  • (4)
    • (a) A municipality may not make or grant any undue or unreasonable preference or advantage to itself or to any private provider of:
      • (i) cable television services; or
      • (ii) public telecommunications services.
    • (b) A municipality shall apply without discrimination as to itself and to any private provider the municipality's ordinances, rules, and policies, including those relating to:
      • (i) obligation to serve;
      • (ii) access to public rights of way;
      • (iii) permitting;
      • (iv) performance bonding;
      • (v) reporting; and
      • (vi) quality of service.
    • (c) Subsections (4)(a) and (b) do not supersede the exception for a rural telephone company in Section 251 of the Telecommunications Act of 1996, Pub. L. 104-104.
  • (5) In calculating the rates charged by a municipality for a cable television service or a public telecommunications service, the municipality:
    • (a) 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:
      • (i) federal, state, and local taxes;
      • (ii) franchise fees;
      • (iii) permit fees;
      • (iv) pole attachment fees; and
      • (v) fees similar to those described in Subsections (5)(a)(i) through (iv); and
    • (b) may not price any cable television service or public telecommunications service at a level that is less than the sum of:
      • (i) the actual direct costs of providing the service;
      • (ii) the actual indirect costs of providing the service; and
      • (iii) the amount determined under Subsection (5)(a).
  • (6)
    • (a) A municipality that provides cable television services or public telecommunications services shall establish and maintain a comprehensive price list of all cable television services or public telecommunications services offered by the municipality.
    • (b) The price list required by Subsection (6)(a) shall:
      • (i) include all terms and conditions relating to the municipality providing each cable television service or public telecommunications service offered by the municipality;
      • (ii) be posted on the Utah Public Notice Website created in Section 63A-16-601; and
      • (iii) be available for inspection:
        • (A) at a designated office of the municipality; and
        • (B) during normal business hours.
    • (c) At least five days before the date a change to a municipality's price list becomes effective, the municipality shall:
      • (i) notify the following of the change:
        • (A) all subscribers to the services for which the price list is being changed; and
        • (B) any other persons requesting notification of any changes to the municipality's price list; and
      • (ii) publish notice on the Utah Public Notice Website created in Section 63A-16-601.
    • (d) A municipality may not offer 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.
  • (7) A municipality may not offer to provide or provide cable television services or public telecommunications services to a subscriber that does not reside within the geographic boundaries of the municipality.
  • (8)
    • (a) A municipality shall keep accurate books and records of the municipality's:
      • (i) cable television services; and
      • (ii) public telecommunications services.
    • (b) The books and records required to be kept under Subsection (8)(a) are subject to legislative audit to verify the municipality's compliance with the requirements of this chapter including:
      • (i) pricing;
      • (ii) recordkeeping; and
      • (iii) antidiscrimination.
  • (9) A municipality may not receive distributions from the Universal Public Telecommunications Service Support Fund established in Section 54-8b-15.




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