Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 165 (2025GS)

Sponsor

Sen. Fillmore, Lincoln

Final action

Governor Signed 3/19/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• establishes requirements and limitations in relation to a municipality providing a broadband service;
• addresses bonding, reporting, and public disclosure relating to the provision of a broadband service by a municipality; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

43
10-8-14
10-18-101
10-18-102
10-18-103
10-18-104
10-18-105
10-18-201
10-18-202
10-18-203
10-18-204
10-18-301
10-18-302
10-18-303
10-18-304
10-18-305
10-18-306
11-13-201
20A-1-203
0
Municipal Broadband Service Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: Ryan D. Wilcox
LONG TITLE
General Description:
This bill addresses a municipality's provision of a broadband service.
Highlighted Provisions:
This bill:
defines terms;
establishes requirements and limitations in relation to a municipality providing a 
broadband service;
addresses bonding, reporting, and public disclosure relating to the provision of a 
broadband service by a municipality; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-8-14
, as last amended by Laws of Utah 2019, Chapter 99
10-18-101
, as enacted by Laws of Utah 2001, Chapter 83
10-18-102
, as last amended by Laws of Utah 2016, Chapter 419
10-18-103
, as last amended by Laws of Utah 2013, Chapter 187
10-18-104
, as last amended by Laws of Utah 2014, Chapter 189
10-18-105
, as last amended by Laws of Utah 2016, Chapter 419
10-18-201
, as enacted by Laws of Utah 2001, Chapter 83
10-18-202
, as enacted by Laws of Utah 2001, Chapter 83
10-18-203
, as last amended by Laws of Utah 2023, Chapter 435
10-18-204
, as last amended by Laws of Utah 2016, Chapter 419
10-18-301
, as enacted by Laws of Utah 2001, Chapter 83
10-18-302
, as last amended by Laws of Utah 2023, Chapter 435
10-18-303
, as last amended by Laws of Utah 2023, Chapter 435
10-18-304
, as enacted by Laws of Utah 2001, Chapter 83
10-18-305
, as enacted by Laws of Utah 2001, Chapter 83
10-18-306
, as enacted by Laws of Utah 2001, Chapter 83
11-13-201
, as last amended by Laws of Utah 2015, Chapter 265
20A-1-203
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
10-8-14
 is amended to read:
10-8-14
. Utility and telecommunications services -- Service beyond municipal 
limits -- Retainage -- Notice of service and agreement.
(1)
As used in this section, "
public telecommunications 
communications 
service 
facilities
facility
" means the same as that term is defined in Section 
10-18-102
. 
(2)
(a)
A municipality may:
(a)
(i)
construct, maintain, and operate waterworks, sewer collection, sewer 
treatment systems, gas works, electric light works, 
broadband services, 
telecommunications lines, cable television lines, public transportation systems, or 
public telecommunications
communications
 service facilities;
(b)
(ii)
authorize the construction, maintenance
,
 and operation of the works or 
systems 
listed
described
 in Subsection 
(2)(a)
(2)(a)(i)
 by others;
(c)
(iii)
purchase or lease the works or systems 
listed
described
 in Subsection 
(2)(a)
(2)(a)(i)
 from any person or corporation; and
(d)
(iv)
subject to Subsection 
(2)(b)
, 
sell and deliver the surplus product or service 
capacity of any works or 
system listed
systems described
 in Subsection 
(2)(a)
(2)(a)(i)
, not required by the municipality or the municipality's inhabitants, to 
others beyond the limits of the municipality
, except the sale and delivery of:
.
(b)
The sale and delivery of the surplus product or service capacity described in 
Subsection 
(2)(a)(iv)
 in relation to:
(i)
retail electricity beyond the municipal boundary is governed by Subsections 
(3)
through 
(8)
(7)
;
(ii)
broadband services, 
cable television services
,
 or public telecommunications 
services is governed by Subsection 
(12)
(11)
; and
(iii)
water is governed by Sections 
10-7-14
 and 
10-8-22
.
(3)
If any payment on a contract with a private person, firm, or corporation to construct 
waterworks, sewer collection, sewer treatment systems, gas works, electric works, 
broadband services, 
telecommunications lines, cable television lines, public 
transportation systems, or 
public telecommunications
communications
 service facilities 
is retained or withheld, it shall be retained or withheld and released as provided in 
Section 
13-8-5
.
(4)
(a)
Except as provided in 
Subsection 
(4)(b)
, 
(6)
, or 
(10)
Subsection 
(4)(b)
, 
(5)
, or (9)
, 
a municipality may not sell or deliver the electricity produced or distributed by the 
municipality's electric works constructed, maintained, or operated in accordance with 
Subsection 
(2)
 to a retail customer located beyond the municipality's municipal 
boundary.
(b)
A municipality that 
provides
provided
 retail electric service to a customer beyond 
the municipality's municipal boundary on or before June 15, 2013, may continue to 
serve that customer if:
(i)
on or before December 15, 2013, the municipality 
provides
provided
 the 
electrical corporation, as defined in Section 
54-2-1
, that is obligated by the 
municipality's certificate of public convenience and necessity to serve the 
customer with an accurate and complete verified written notice 
described in 
Subsection 
(4)(c)
 that identifies
identifying
 each customer served by the 
municipality beyond the municipality's municipal boundary;
(ii)
no later than June 15, 2014, the municipality 
enters
entered
 into a written filing 
agreement for the provision of electric service with the electrical corporation; and
(iii)
the Public Service Commission 
approves
approved
 the written filing agreement 
in accordance with Section 
54-4-40
.
(c)
The municipality shall include in the written notice required in Subsection 
(4)(b)(i)
for each customer:
(i)
the customer's meter number;
(ii)
the location of the customer's meter by street address, global positioning system 
coordinates, metes and bounds description, or other similar method of meter 
location;
(iii)
the customer's class of service; and
(iv)
a representation that the customer was receiving service from the municipality 
on or before June 15, 2013.
(5)
The written filing agreement entered into in accordance with Subsection 
(4)(b)(ii)
 shall 
require the following:
(a)
The municipality shall provide electric service to a customer identified in 
accordance with Subsection 
(4)(b)(i)
 unless the municipality and the electrical 
corporation subsequently agree in writing that the electrical corporation will provide 
electric service to the customer.
(b)
If a customer who is located outside the municipal boundary and who is not 
identified in accordance with Subsection 
(4)(b)(i)
 requests service from the 
municipality after June 15, 2013, the municipality may not provide that customer 
electric service unless the municipality submits a request to and enters into a written 
agreement with the electric corporation in accordance with Subsection 
(6)
.
(6)
(5)
(a)
A municipality may submit to the electrical corporation a request to provide 
electric service to an electric customer 
described in Subsection 
(5)(b)
who is located 
outside the municipal boundary and who was not identified in accordance with 
Subsection (4)(b)(i)
.
(b)
If a municipality submits a request
 described in Subsection 
(5)(a)
, the electrical 
corporation shall respond to the request within 60 days.
(c)
If the electrical corporation agrees to allow the municipality to provide electric 
service to the customer:
(i)
the electrical corporation and the municipality shall enter into a written agreement;
(ii)
the municipality shall agree in the written agreement to subsequently transfer 
service to the customer described in Subsection 
(5)(b)
(5)(a)
 if the electrical 
corporation notifies, in writing, the municipality that the electrical corporation has 
installed a facility capable of providing electric service to the customer; and
(iii)
the municipality may provide the service if:
(A)
except as provided in Subsection 
(6)(c)(iii)(B)
(5)(c)(iii)(B)
, the Public 
Service Commission approves the agreement in accordance with Section 
54-4-40
; or
(B)
for an electrical cooperative that meets the requirements of Subsection 
54-7-12(7)
, the governing board of the electrical cooperative approves the 
agreement.
(d)
The municipality or the electrical corporation may terminate the agreement for the 
provision of electric service if the Public Service Commission imposes a condition 
authorized in Section 
54-4-40
 that is a material change to the agreement.
(7)
(6)
If the municipality and electrical corporation make a transfer described in 
Subsection 
(6)(c)(ii)
(5)(c)(ii)
:
(a)
(i)
the municipality shall transfer the electric service customer to the electrical 
corporation; and
(ii)
the electrical corporation shall provide electric service to the customer; and
(b)
the municipality shall transfer a facility in accordance with and for the value as 
provided in Section 
10-2-421
.
(8)
(7)
(a)
In accordance with Subsection 
(8)(b)
(7)(b)
, the municipality shall establish 
a reasonable mechanism for resolving potential future complaints by an electric 
customer located outside the municipality's municipal boundary.
(b)
The mechanism shall require:
(i)
that the rates and conditions of service for a customer outside the municipality's 
boundary are at least as favorable as the rates and conditions of service for a 
similarly situated customer within the municipality's boundary; and
(ii)
if the municipality provides a general rebate, refund, or other payment to a 
customer located within the municipality's boundary, that the municipality also 
provide the same general rebate, refund, or other payment to a similarly situated 
customer located outside the municipality's boundary.
(9)
(8)
The municipality is relieved of any obligation to transfer a customer described in 
Subsection 
(5)(b)
(5)(a)
 or facility used to serve the customer in accordance with 
Subsection 
(6)(c)(ii)
(5)(c)(ii)
 if the municipality annexes the property on which the 
customer is being served.
(10)
(9)
(a)
A municipality may provide electric service outside of the municipality's 
municipal boundary to a facility that is solely owned and operated by the 
municipality for municipal service.
(b)
A municipality's provision of electric service to a facility that is solely owned and 
operated by the municipality does not expand the municipality's electric service area.
(11)
(10)
Nothing in this section expands or diminishes the ability of a municipality to 
enter into a wholesale electrical sales contract with another municipality that serves 
electric customers to sell and deliver wholesale electricity to the other municipality.
(12)
(11)
A municipality's actions under this section related to works or systems involving 
broadband services, 
public telecommunications services
,
 or cable television services are 
subject to the requirements of 
Chapter 18, Municipal Cable Television and Public 
Telecommunications Services Act
Chapter 18, Municipal Cable Television and 
Communications Services Act
.
Section 2, Section 
10-18-101
 is amended to read:
18. MUNICIPAL CABLE TELEVISION AND COMMUNICATIONS 
SERVICES ACT
10-18-101
. Title -- Policy statement.
(1)
This chapter is known as the "Municipal Cable Television and Public 
Telecommunications Services Act."
(2)
The Legislature finds that it is the policy of this state to:
(a)
(1)
ensure that 
broadband services, 
cable television services
,
 and public 
telecommunications services are provided through fair competition consistent with the 
federal 
Telecommunications Act of 1996, Pub. L. 104-104
Communications Act of 
1934, as amended
, in order to provide the widest possible diversity of information and 
news sources to the general public;
(b)
(2)
advance the exercise of rights under the First Amendment of the Constitution of the 
United States;
(c)
(3)
enhance the development and widespread use of technological advances in 
providing 
broadband services, 
cable television services
,
 and public telecommunications 
services;
(d)
(4)
encourage improved customer service of 
broadband services, 
cable television 
services
,
 and public telecommunications services at competitive rates;
(e)
(5)
ensure that 
broadband services, 
cable television services
,
 and public 
telecommunications services are each provided within a consistent, comprehensive, and 
nondiscriminatory federal, state, and local government framework; and
(f)
(6)
ensure that when a municipality provides to 
its
the municipality's
 inhabitants 
broadband services, 
cable television services, public telecommunications services, or 
both
any combination of those services
, and competes with private providers whose 
activities are regulated by the municipality, the municipality does not discriminate 
against the competing providers of the same services.
Section 3, Section 
10-18-102
 is amended to read:
10-18-102
. Definitions.
As used in this chapter:
(1)
(a)
"Broadband service" means a mass-market retail or wholesale service that 
provides, via wire or radio, the capability to transmit data to and receive data from all 
or substantially all Internet endpoints, including any capabilities that are incidental to 
and enable the operation of the service.
(b)
"Broadband service" does not include dial-up Internet access service.
(1)
(2)
"Cable television service" means:
(a)
the one-way transmission to subscribers of:
(i)
video programming; or
(ii)
other programming service; and
(b)
subscriber interaction, if any, that is required for the selection or use of:
(i)
the video programming; or
(ii)
other programming service.
(2)
(3)
"Capital 
costs
cost
" means 
all costs
the cost
 of providing a service that 
are
is
capitalized in accordance with generally accepted accounting principles.
(4)
"Communications service facility" means a facility described in Subsection 
10-18-105(2)
.
(3)
(5)
"Cross subsidize" means to pay a cost included in the direct costs or indirect costs 
of providing a service that is not accounted for in the full cost of accounting of providing 
the service.
(4)
(6)
"Direct 
costs
cost
" means 
those expenses
an expense
 of a municipality that:
(a)
are
is
 directly attributable to providing:
(i)
a broadband service;
(i)
(ii)
a cable television service; or
(ii)
(iii)
a public telecommunications service; and
(b)
would be eliminated if the service described in Subsection 
(4)(a)
(6)(a)
 were not 
provided by the municipality.
(5)
(7)
"Feasibility consultant" means an individual or entity with expertise in the 
processes and economics of providing:
(a)
a broadband service;
(a)
(b)
a 
cable television service; and
(b)
(c)
a 
public telecommunications service.
(6)
(8)
(a)
"Full-cost accounting" means the accounting of all costs incurred by a 
municipality in providing:
(i)
a broadband service;
(i)
(ii)
a cable television service; or
(ii)
(iii)
a public telecommunications service.
(b)
The costs included in a full-cost accounting include all:
(i)
capital costs;
(ii)
direct costs; and
(iii)
indirect costs.
(7)
(9)
(a)
"Indirect 
costs
cost
" means 
any costs:
a cost identified with two or more 
services or other functions that is not directly identified with a single service or 
function.
(i)
identified with two or more services or other functions; and
(ii)
that are not directly identified with a single service or function.
(b)
"Indirect 
costs
cost
" may include cost factors for:
(i)
administration;
(ii)
accounting;
(iii)
personnel;
(iv)
purchasing;
(v)
legal support; and
(vi)
other staff or departmental support.
(8)
(10)
"Private provider" means a person that:
(a)
provides:
(i)
a broadband service;
(i)
(ii)
a 
cable television 
services
service
; or
(ii)
(iii)
a 
public telecommunications 
services
service
; and
(b)
is a private entity.
(9)
(11)
(a)
"Public telecommunications service" means the two-way transmission of 
signs, signals, writing, images, sounds, messages, data, or other information of any 
nature by wire, radio, lightwaves, or other electromagnetic means offered to the 
public generally.
(b)
"Public telecommunications service" does not include broadband service.
(10)
"Public telecommunications service facilities" means a facility described in 
Subsection 
10-18-105(2)
.
(11)
(12)
"Subscribers"
"Subscriber"
 means a person that lawfully receives:
(a)
a broadband service;
(b)
a 
cable television 
services
service
; or
(b)
(c)
a 
public telecommunications 
services
service
.
Section 4, Section 
10-18-103
 is amended to read:
10-18-103
. Antitrust immunity.
(1)
When a municipality 
is offering
offers
 or 
providing
provides
 a 
broadband service, 
cable television service
,
 or public telecommunications service, the immunity from 
antitrust liability afforded to political subdivisions of the state under Section 
76-10-3109
does not apply to the municipality providing those services.
(2)
A municipality that provides a 
broadband service, 
cable television service
,
 or a public 
telecommunications service is subject to applicable antitrust liabilities under the federal 
Local Government Antitrust Act of 1984, 15 U.S.C. Secs. 34 to 36.
Section 5, Section 
10-18-104
 is amended to read:
10-18-104
. Application to existing contracts.
(1)
(a)
If
,
 before
 the sooner of
 March 1
 or the effective date of the chapter
, 
2001, 
the 
legislative body of a municipality authorized the municipality to offer or provide 
a 
cable television 
services
service
 or public telecommunications 
services
service
, 
each authorized 
service
cable television service or public telecommunications service
:
(i)
is exempt from 
Part 2, Conditions for Providing Services
; and
(ii)
is subject to 
Part 3, Operational Requirements and Limitations
.
(b)
The exemption described in Subsection 
(1)(a)(i)
may
does
 not apply to any cable 
television service or public telecommunications service authorized by the legislative 
body of a municipality on or after
 the sooner of
 March 1
 or the effective date of 
this chapter
, 2001
.
(2)
(a)
If, before March 1, 2025, the legislative body of a municipality authorized the 
municipality to offer or provide a broadband service, each authorized broadband 
service:
(i)
is exempt from Part 2, Conditions for Providing Services; and
(ii)
is subject to Part 3, Operational Requirements and Limitations.
(b)
The exemption described in Subsection (2)(a)(i) does not apply to any broadband 
service authorized by the legislative body of a municipality on or after March 1, 2025.
(2)
(3)
This chapter does not:
(a)
invalidate any contract 
for cable television service or public telecommunications 
service 
entered into by a municipality before 
the sooner of 
March 1
 or the effective 
date of this chapter
, 2001, or any contract for broadband service entered into by a 
municipality before March 1, 2025
:
(i)
for the design, construction, equipping, operation, or maintenance of 
facilities
a 
facility
 used or to be used by the municipality, or by a private provider under a 
contract with the municipality for the purpose of providing:
(A)
a broadband service;
(A)
(B)
a 
cable television 
services
service
; or
(B)
(C)
a 
public telecommunications 
services
service
;
(ii)
with a private provider for the use of the 
facilities
facility
 described in 
Subsection 
(2)(a)(i)
(3)(a)(i)
 in connection with the private provider offering:
(A)
a broadband service;
(A)
(B)
a 
cable television 
services
service
; or
(B)
(C)
a 
public telecommunications 
services
service
;
(iii)
with a subscriber for providing:
(A)
a broadband service;
(A)
(B)
a cable television service; or
(B)
(C)
a public telecommunications service; or
(iv)
to obtain or secure financing for the acquisition or operation of the municipality's 
facilities or equipment used in connection with providing:
(A)
a broadband service;
(A)
(B)
a cable television service; or
(B)
(C)
a public telecommunications service; or
(b)
impair any security interest granted by a municipality as collateral for the 
municipality's obligations under a contract described in Subsection 
(2)(a)
(3)(a)
.
(3)
(a)
A municipality meeting the one or more of the following conditions is exempt 
from this chapter as provided in Subsection 
(3)(b)
:
(i)
a municipality that adopts or enacts a bond resolution on or before January 1, 
2001, to fund facilities or equipment that the municipality uses to provide:
(A)
cable television services; or
(B)
public telecommunications services; or
(ii)
a municipality that has operated for at least three years consecutively before the 
sooner of March 1 or the effective date of this chapter:
(A)
a cable television service; or
(B)
a public telecommunications service.
(b)
A municipality described in Subsection 
(3)(a)
 is exempt from this chapter except for:
(i)
Subsection 
10-18-303(4)
;
(ii)
Subsection 
10-18-303(7)
;
(iii)
Subsection 
10-18-303(9)
;
(iv)
Section 
10-18-304
; and
(v)
Section 
10-18-305
.
(4)
(a)
A municipality that, on or before January 1, 2001, enacts a bond resolution to fund 
a facility or equipment that the municipality uses to provide a cable television service 
or public telecommunications service is exempt from certain provisions of this 
chapter, as described in Subsection (5), in relation to the specific service funded by 
that bond resolution.
(b)
A municipality that, on or before January 1, 2025, enacts a bond resolution to fund a 
facility or equipment that the municipality uses to provide a broadband service is 
exempt from certain provisions of this chapter, as described in Subsection (5), in 
relation to the specific service funded by that bond resolution.
(c)
A municipality that, before March 1, 2001, operates a cable television service or a 
public telecommunications service for at least three consecutive years, is exempt 
from certain provisions of this chapter, as described in Subsection (5), in relation to 
the specific service operated during that time period.
(d)
A municipality that, before March 1, 2025, operates a broadband service for at least 
three consecutive years, is exempt from certain provisions of this chapter, as 
described in Subsection (5), in relation to the specific service operated during that 
time period.
(5)
In accordance with Subsection 
(4)
, a municipality described in Subsection 
(4)
 is exempt 
from this chapter except for:
(a)
Subsection 
10-18-303(6)
;
(b)
Subsection 
10-18-303(9)
;
(c)
Subsection 
10-18-303(12)
;
(d)
Section 
10-18-304
; and
(e)
Section 
10-18-305
.
(4)
For the time period beginning on the effective date of this chapter and ending on 
December 31, 2001, a municipality that operated a cable television service as of January 
1, 2001, is exempt from Subsection 
10-18-301(1)(d)
.
Section 6, Section 
10-18-105
 is amended to read:
10-18-105
. Scope of chapter.
(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;
(i)
(ii)
a cable television service; or
(ii)
(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
(ii)
(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 
facilities
a facility
:
(a)
that 
are
is
 designed to provide 
services
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 
facilities
facility
 in connection with a private provider 
offering:
(A)
a broadband service;
(A)
(B)
a 
cable television 
services
service
; or
(B)
(C)
a 
public telecommunications 
services
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)
Notwithstanding Subsection 
(2)
, a
A
 municipal entity shall comply with Subsection 
(3)(c)
 if the municipal entity purchases, leases, constructs, or equips 
facilities
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 
facilities
facility
 in connection 
with a private provider offering:
(i)
a broadband service;
(i)
(ii)
a 
cable television 
services
service
; or
(ii)
(iii)
a 
public telecommunications 
services
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(3)
10-18-303(5)
 and 
(4)
(6)
.
(4)
A municipality described in Subsection 
10-18-105(2)
(2)
 may call an election under 
Section 
10-18-204
 with respect to the provision of 
public telecommunications
a 
communications
 service 
facilities
facility
. 
Section 7, Section 
10-18-201
 is amended to read:
10-18-201
. Limitations on providing broadband, cable television, and public 
telecommunications services.
(1)
Except as provided in this chapter, a municipality may not:
(a)
provide to one or more subscribers:
(i)
a broadband service;
(i)
(ii)
a cable television service; or
(ii)
(iii)
a public telecommunications service; or
(b)
for the purpose of providing 
a broadband service, 
a cable television service
,
 or a 
public telecommunications service to one or more subscribers, purchase, lease, 
construct, maintain, or operate any facility.
(2)
For purposes of this chapter, a municipality provides a 
broadband service, 
cable 
television service
,
 or public telecommunications service if the municipality provides the 
service:
(a)
directly or indirectly, including through an authority or instrumentality:
(i)
acting on behalf of the municipality; or
(ii)
for the benefit of the municipality;
(b)
by itself;
(c)
through:
(i)
an entity created pursuant to an agreement under Title 11, Chapter 13, Interlocal 
Cooperation Act, to which the municipality is a party;
(ii)
a partnership; or
(ii)
(iii)
a 
joint venture; or
(d)
by contract, resale, or otherwise.
Section 8, Section 
10-18-202
 is amended to read:
10-18-202
. Required steps before a municipality may provide broadband, cable 
television, or public telecommunications services.
Before a municipality may engage or offer to engage in an activity described in 
Subsection 
10-18-201(1)
, the legislative body of the municipality shall:
(1)
hold a preliminary public hearing;
(2)
if the legislative body elects to proceed after holding the preliminary public hearing 
required by Subsection 
(1)
, approve the hiring of a feasibility consultant to conduct a 
feasibility study in accordance with Section 
10-18-203
;
(3)
determine whether under the feasibility study conducted under Section 
10-18-203
, the 
average annual revenues under Subsection 
10-18-203(2)(f)
 exceed the average annual 
costs under Subsection 
10-18-203(2)(e)
 by at least the amount necessary to meet the 
bond obligations of any bonds issued to fund the proposed 
broadband service, 
cable 
television 
services
service,
 or public telecommunications 
services
service
:
(a)
based on the feasibility study's analysis:
(i)
for the first year of the study; and
(ii)
the five-year projection; and
(b)
separately stated with respect to:
(i)
the proposed broadband service;
(i)
(ii)
the proposed cable television 
services
service
; or
(ii)
(iii)
the proposed public telecommunications 
services
service
;
(4)
if the conditions of Subsection 
(3)
 are met, hold the public hearings required by Section 
10-18-203
; and
(5)
after holding the public hearings required by Section 
10-18-203
, if the legislative body 
of the municipality elects to proceed, adopt by resolution the feasibility study.
Section 9, Section 
10-18-203
 is amended to read:
10-18-203
. Feasibility study on providing broadband, cable television, or public 
telecommunications services -- Public hearings -- Notice.
(1)
If a feasibility consultant is hired under Section 
10-18-202
, the legislative body of the 
municipality shall require the feasibility consultant to:
(a)
complete the feasibility study in accordance with this section;
(b)
submit to the legislative body by no later than 180 days from the date the feasibility 
consultant is hired to conduct the feasibility study:
(i)
the full written results of the feasibility study; and
(ii)
a summary of the results that is no longer than one page in length; and
(c)
attend the public hearings described in Subsection 
(4)
 to:
(i)
present the feasibility study results; and
(ii)
respond to questions from the public.
(2)
The feasibility study described in Subsection 
(1)
 shall at a minimum consider:
(a)
(i)
if the municipality is proposing to provide cable television services to 
subscribers, whether the municipality providing cable television services in the 
manner proposed by the municipality will hinder or advance competition for cable 
television services in the municipality; or
(ii)
if the municipality is proposing to provide public telecommunications services to 
subscribers, whether the municipality providing public telecommunications 
services in the manner proposed by the municipality will hinder or advance 
competition for public telecommunications services in the municipality;
(a)
whether the municipality providing a broadband service, a cable television service, or 
a public telecommunications service in the manner proposed by the municipality will 
hinder or advance competition for the same service in the municipality;
(b)
whether but for the municipality any person would provide the proposed:
(i)
broadband service;
(i)
(ii)
cable television 
services
service
; or
(ii)
(iii)
public telecommunications 
services
service
;
(c)
the fiscal impact on the municipality of:
(i)
the capital investment in facilities that will be used to provide the proposed:
(A)
broadband service;
(A)
(B)
cable television 
services
service
; or
(B)
(C)
public telecommunications 
services
service
; and
(ii)
the expenditure of funds for labor, financing, and administering the proposed:
(A)
broadband service;
(A)
(B)
cable television 
services
service
; or
(B)
(C)
public telecommunications 
services
service
;
(d)
the projected growth in demand in the municipality for the proposed:
(i)
broadband service;
(i)
(ii)
cable television 
services
service
; or
(ii)
(iii)
public telecommunications 
services
service
;
(e)
the projections
 at
, from
 the time of the feasibility study
 and
,
 for the next 
five
10
years, of a full-cost accounting for a municipality to purchase, lease, construct, 
maintain, or operate the facilities necessary to provide the proposed:
(i)
broadband service;
(i)
(ii)
cable television 
services
service
; or
(ii)
(iii)
public telecommunications 
services
service
; and
(f)
the projections
 at
, from
 the time of the feasibility study
 and
,
 for the next 
five
10
years of the revenues to be generated from the proposed:
(i)
broadband service;
(i)
(ii)
cable television 
services
service
; or
(ii)
(iii)
public telecommunications 
services
service
.
(3)
For purposes of the financial projections required under Subsections 
(2)(e)
 and 
(f)
, the 
feasibility consultant shall assume that the municipality will price the proposed 
broadband service, 
cable television 
services
service,
 or public telecommunications 
services
service
 consistent with Subsection 
10-18-303(5)
10-18-303(7)
.
(4)
If the results of the feasibility study satisfy the revenue requirement of Subsection 
10-18-202(3)
, the legislative body, at the next regular meeting after the legislative body 
receives the results of the feasibility study, shall schedule at least two public hearings to 
be held:
(a)
within 
60
90
 days 
after the day 
of the meeting at which the public hearings are 
scheduled;
(b)
at least 
seven days
three weeks
 apart; and
(c)
for the purpose of allowing:
(i)
the feasibility consultant to present the results of the feasibility study; and
(ii)
the public to:
(A)
become informed about the feasibility study results; and
(B)
ask questions of the feasibility consultant about the results of the feasibility 
study.
(5)
The municipality shall provide notice of the public hearings required under Subsection 
(4)
 for the municipality, as a class A notice under Section 
63G-30-102
, for at least three 
weeks before the day on which the first public hearing required under Subsection 
(4)
 is 
held.
Section 10, Section 
10-18-204
 is amended to read:
10-18-204
. Vote permissible -- Referendum.
(1)
(a)
(i)
A legislative body 
of a municipality may, 
by a majority vote, call an 
election on whether the municipality shall provide 
a 
proposed:
(i)
broadband service;
(A)
(ii)
cable television 
services
service
; or
(B)
(iii)
public telecommunications 
services
service
.
(ii)
(b)
A municipal legislative body that, before July 1, 2016, approves the provision of 
public telecommunications service facilities may, by a majority vote, call an election 
on whether the municipality shall provide proposed public telecommunications 
service facilities. 
(b)
(c)
If under Subsection 
(1)(a)
 the legislative body calls an election, the election shall 
be held:
(i)
(A)
at the next municipal general election; or
(B)
as provided in Subsection 
20A-1-203(1)
, at a local special election the 
purpose of which is authorized by this section; and
(ii)
in accordance with 
Title 20A, Election Code
, except as provided in this section.
(c)
(d)
(i)
The notice of 
the
an
 election 
called under Subsection 
(1)(a)(i)
(1)(a)
shall include with any other information required by law:
(A)
a summary of the 
broadband service, 
cable television 
services
service,
 or 
public telecommunications 
services
service
 that the legislative body of the 
municipality proposes to provide to subscribers residing within the boundaries 
of the municipality;
(B)
the feasibility study summary under Section 
10-18-203
;
(C)
a statement that a full copy of the feasibility study is available for inspection 
and copying;
 and
(D)
the location in the municipality where the feasibility study may be inspected 
or copied
.
; and
(E)
a hyperlink on the municipality's website where the feasibility study may be 
accessed.
(ii)
The notice of an election called under Subsection 
(1)(a)(ii)
(1)(b)
 shall include a 
summary prepared by the municipality describing the proposed
 public
communications service 
facilities
facility
. 
(d)
(e)
(i)
For an election called under Subsection 
(1)(a)(i)
(1)(a)
, the ballot for 
the election 
shall pose the question substantially as follows:
"Shall the [name of the municipality] provide [
broadband service, 
cable television 
service
,
 or public telecommunications service] to the inhabitants of the [municipality]?"
.
(ii)
For an election called under Subsection 
(1)(a)(ii)
(1)(b)
, the ballot for the election shall 
pose the question substantially as follows:
"Shall the [name of the municipality] provide 
public telecommunications
a 
communications
 service 
facilities
facility
 within [name of the municipality] by [brief 
description of the method or means and financing terms, including total principal and interest 
costs, by which the
 public
 communications service 
facilities
facility
 will be provided]?"
.
(e)
(f)
The ballot proposition may not take effect until submitted to the electors and 
approved by the majority of those voting on the ballot.
(2)
In accordance with 
Title 20A, Chapter 7, Issues Submitted to the Voters
, a municipal 
legislative body's action to have the municipality 
over which the legislative body 
presides
 provide 
a broadband service, 
cable television 
services
service,
 or public 
telecommunications 
services
service
 is subject to local referenda.
(3)
(a)
The results of an election called under Subsection 
(1)(a)(ii)
(1)(b)
 are not binding 
and do not:
(i)
require the municipality that called the election to take, or refrain from taking, any 
action; or
(ii)
limit the municipality that called the election from taking any action authorized 
under Section 
10-8-14
 or 
10-18-105
. 
(b)
An election called under Subsection 
(1)(a)(ii)
(1)(b)
 does not exempt a municipality 
from the applicable requirements of this 
Title 10, Chapter 18, Municipal Cable 
Television and Public Telecommunications Services Act
chapter
.
Section 11, Section 
10-18-301
 is amended to read:
10-18-301
. Enterprise funds for broadband, cable television, or public 
telecommunications services.
(1)
A municipality that provides 
a broadband service, 
a cable television service
,
 or a public 
telecommunications service under this chapter:
(a)
shall establish 
an
separate
 enterprise 
fund
funds
 to account for the municipality's 
operations of a 
broadband service, 
cable television service
,
 or public 
telecommunications service;
(b)
may fund the services through:
(i)
revenues earned from operation of the broadband, cable television, or public 
telecommunications service; or
(ii)
revenue bonds or government obligation bonds authorized in Section 
10-18-302
;
(b)
(c)
may, 
for accounting purposes only, 
may 
account for 
its
the municipality's
broadband services, 
cable television services
,
 and 
its 
public telecommunications 
services in a single enterprise fund under 
Chapter 6, Uniform Fiscal Procedures Act 
for Utah Cities
;
(c)
(d)
shall, consistent with the requirements of Section 
10-6-135
, adopt separate 
operating and capital budgets for the municipality's:
(i)
broadband services;
(i)
(ii)
cable television services; and
(ii)
(iii)
public telecommunications services;
(d)
(e)
may not transfer any appropriation or other balance in any enterprise fund 
established by the municipality under this section to another enterprise fund;
 and
(e)
(f)
may not transfer any appropriation or other balance in any other enterprise fund 
established by the municipality under 
Chapter 6, Uniform Fiscal Procedures Act for 
Utah Cities
, to any enterprise fund established by the municipality under this section
.
;
(g)
shall maintain separation between the municipality's role as a competitive provider of 
a broadband service, cable television service, or public telecommunications service, 
and the municipality's role as a regulator over private providers that offer a service in 
competition with the service offered by the municipality, including with respect to 
the personnel, real property, operational capabilities, and other resources between 
these separate functions; and
(h)
may not share any non-public information between employees or contractors 
responsible for executing the municipality's role as a competitive provider of a 
broadband service, cable television service, or public telecommunications service, 
and employees or contractors responsible for executing the municipality's role as a 
regulator over private providers that offer a service in competition with a service 
offered by the municipality.
(2)
The restrictions on transfers described in Subsections 
(1)(d)
(1)(e)
 and 
(e)
(f)
 do not 
apply to transfers made by a municipality between other enterprise funds established by 
the municipality.
Section 12, Section 
10-18-302
 is amended to read:
10-18-302
. Bonding authority.
(1)
In accordance with 
Title 11, Chapter 14, Local Government Bonding Act
, the legislative 
body of a municipality may by resolution determine to issue one or more revenue bonds 
or general obligation bonds to finance the capital costs for facilities necessary to provide 
to subscribers:
(a)
a broadband service;
(a)
(b)
a cable television service; or
(b)
(c)
a public telecommunications service.
(2)
The resolution described in Subsection 
(1)
 shall:
(a)
describe the purpose for which the indebtedness is to be created; and
(b)
specify the dollar amount of the one or more bonds proposed to be issued.
(3)
(a)
A revenue bond issued under this section shall be secured and paid for:
(i)
from the revenues generated by the municipality from providing:
(A)
subject to Subsection 
(4)
, a broadband service, if the revenue bond is issued to 
finance a facility for that broadband service;
(A)
(B)
a 
cable television 
services with respect to revenue bonds
service, if the 
revenue bond is
 issued to finance 
facilities
a facility
 for 
the municipality's
that
cable television 
services
service
; and
(B)
(C)
a 
public telecommunications 
services with respect to revenue bonds
service, if the revenue bond is
 issued to finance 
facilities
a facility
 for 
the 
municipality's
that
 public telecommunications 
services
service
; and
(ii)
notwithstanding Subsection 
(3)(b)
 and Subsection 
10-18-303(3)(a)
10-18-303(5)(a)
, 
and subject to the requirements of Subsection 
(5)
, 
from revenues 
generated under 
Title 59, Chapter 12, Sales and Use Tax Act
, if:
.
(A)
notwithstanding Subsection 
11-14-201(3)
 and except as provided in 
Subsections 
(4)
 and 
(5)
, the revenue bond is approved by the registered voters 
in an election held:
(I)
except as provided in Subsection 
(3)(a)(ii)(A)(II)
, pursuant to the 
provisions of 
Title 11, Chapter 14, Local Government Bonding Act
, that 
govern bond elections; and
(II)
notwithstanding Subsection 
11-14-203(2)
, at a regular general election;
(B)
the revenues described in this Subsection 
(3)(a)(ii)
 are pledged as security for 
the revenue bond; and
(C)
the municipality or municipalities annually appropriate the revenues 
described in this Subsection 
(3)(a)(ii)
 to secure and pay the revenue bond 
issued under this section.
(b)
Except as provided in Subsection 
(3)(a)(ii)
, a municipality may not pay the 
origination, financing, or other carrying costs associated with 
the 
one or more 
revenue bonds issued under this section from the 
town or city, respectively, 
municipality's 
general funds or other enterprise funds
 of the municipality
.
(4)
A municipality may only issue a revenue bond described in Subsection (3)(a)(i)(A) if 
the legislative body of the municipality obtains the approval of registered voters at an 
election held in accordance with Title 11, Chapter 14, Local Government Bonding Act.
(5)
A municipality may only issue a revenue bond described in Subsection 
(3)(a)(ii)
 if:
(a)
notwithstanding Subsection 
11-14-201(3)
 and except as provided in Subsection 
(6)
, 
the revenue bond is approved by the registered voters in an election held:
(i)
except as provided in Subsection 
(5)(a)(ii)
, pursuant to the provisions of Title 11, 
Chapter 14, Local Government Bonding Act, that govern bond elections; and
(ii)
notwithstanding Subsection 
11-14-203(2)
, at a regular general election;
(b)
the revenues described in Subsection 
(3)(a)(ii)
 are pledged as security for the revenue 
bond; and
(c)
the municipality annually appropriates the revenues described in Subsection 
(3)(a)(ii)
to secure and pay the revenue bond issued under this section.
(4)
(a)
As used in this Subsection 
(4)
, "municipal entity" means an entity created 
pursuant to an agreement:
(i)
under 
Title 11, Chapter 13, Interlocal Cooperation Act
; and
(ii)
to which a municipality is a party.
(b)
The requirements of Subsection 
(3)(a)(ii)(A)
 do not apply to a municipality or 
municipal entity that issues revenue bonds, or to a municipality that is a member of a 
municipal entity that issues revenue bonds, if:
(i)
on or before March 2, 2004, the municipality that is issuing revenue bonds or that 
is a member of a municipal entity that is issuing revenue bonds has published the 
first notice described in Subsection 
(4)(b)(iii)
;
(ii)
on or before April 15, 2004, the municipality that is issuing revenue bonds or 
that is a member of a municipal entity that is issuing revenue bonds makes the 
decision to pledge the revenues described in Subsection 
(3)(a)(ii)
 as security for 
the revenue bonds described in this Subsection 
(4)(b)(ii)
;
(iii)
(A)
the municipality that is issuing the revenue bonds or the municipality 
that is a member of the municipal entity that is issuing the revenue bonds has 
held a public hearing for which public notice was given by publication of the 
notice for the municipality, as a class A notice under Section 
63G-30-102
, for 
two weeks before the day of the public hearing; and
(B)
the notice identifies:
(I)
that the notice is given pursuant to 
Title 11, Chapter 14, Local Government 
Bonding Act
;
(II)
the purpose for the bonds to be issued;
(III)
the maximum amount of the revenues described in Subsection 
(3)(a)(ii)
that will be pledged in any fiscal year;
(IV)
the maximum number of years that the pledge will be in effect; and
(V)
the time, place, and location for the public hearing;
(iv)
the municipal entity that issues revenue bonds:
(A)
adopts a final financing plan; and
(B)
in accordance with 
Title 63G, Chapter 2, Government Records Access and 
Management Act
, makes available to the public at the time the municipal entity 
adopts the final financing plan:
(I)
the final financing plan; and
(II)
all contracts entered into by the municipal entity, except as protected by 
Title 63G, Chapter 2, Government Records Access and Management Act
;
(v)
any municipality that is a member of a municipal entity described in Subsection 
(4)(b)(iv)
:
(A)
not less than 30 calendar days after the municipal entity complies with 
Subsection 
(4)(b)(iv)(B)
, holds a final public hearing;
(B)
provides notice, at the time the municipality schedules the final public 
hearing, to any person who has provided to the municipality a written request 
for notice; and
(C)
makes all reasonable efforts to provide fair opportunity for oral testimony by 
all interested parties; and
(vi)
except with respect to a municipality that issued bonds prior to March 1, 2004, 
not more than 50% of the average annual debt service of all revenue bonds 
described in this section to provide service throughout the municipality or 
municipal entity may be paid from the revenues described in Subsection 
(3)(a)(ii)
.
(5)
(6)
On or after July 1, 2007, the requirements of Subsection 
(3)(a)(ii)(A)
 do
The voter 
approval requirement described in Subsection (5) does
 not apply to a municipality that 
issues 
a 
revenue 
bonds 
bond described in Subsection 
(3)(a)(ii)
, 
if:
(a)
the bond is issued to finance a cable television service or a public 
telecommunications service;
(a)
(b)
(i)
the municipality that is issuing the revenue 
bonds has held
bond holds
 a 
public hearing for which public notice was given by publication of the notice for 
the municipality, as a class A notice under Section 
63G-30-102
, for 14 days 
before the day of the public hearing; and
(ii)
the notice identifies:
(A)
that the notice is given pursuant to 
Title 11, Chapter 14, Local Government 
Bonding Act
;
(B)
the purpose for the 
bonds
bond
 to be issued;
(C)
the maximum amount of the revenues described in Subsection 
(3)(a)(ii)
 that 
will be pledged in any fiscal year;
(D)
the maximum number of years that the pledge will be in effect; and
(E)
the time, place, and location for the public hearing; and
(b)
(c)
except with respect to a municipality that issued bonds prior to March 1, 2004, 
not more than 50% of the average annual debt service of all revenue bonds described 
in this section to provide service throughout the municipality or municipal entity may 
be paid from the revenues described in Subsection 
(3)(a)(ii)
.
(6)
(7)
A municipality that issues 
bonds
a bond
 pursuant to this section may not make or 
grant any undue or unreasonable preference or advantage to 
itself
the municipality
 or to 
any private provider of:
(a)
a broadband service;
(a)
(b)
a 
cable television 
services
service
; or
(b)
(c)
a 
public telecommunications 
services
service
.
(8)
A municipality that issues a bond pursuant to this section shall timely disclose to the 
general public all matters material to the municipality's issuance of a bond to fund the 
service, including:
(a)
debt service delinquencies and defaults;
(b)
non-payment covenant defaults;
(c)
unscheduled reserve fund draws;
(d)
adverse tax opinions;
(e)
credit rating changes;
(f)
bond calls;
(g)
tender offers; and
(h)
private debt placements.
Section 13, Section 
10-18-303
 is amended to read:
10-18-303
. General operating limitations -- Notice of change to price list.
A municipality that provides a cable television service or a public 
telecommunications service under this chapter is subject to the operating limitations of this 
section.
(1)
A municipality that provides a broadband service, a cable television service, or a public 
telecommunications service under this chapter is subject to the operating limitations of 
this section.
(2)
A municipality that provides a broadband service shall comply with:
(a)
the Communications Act of 1934, as amended; and
(b)
the regulations issued by the Federal Communications Commission under the 
Communications Act of 1934, as amended.
(1)
(3)
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)
(4)
A municipality that provides a public telecommunications service shall comply 
with:
(a)
the 
Telecommunications Act of 1996, Pub. L. 104-104
Communications Act of 
1934, as amended
;
(b)
the regulations issued by the Federal Communications Commission under the 
Telecommunications Act of 1996, Pub. L. 104-104
Communications Act of 1934, as 
amended
;
(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)
(5)
A municipality may not cross subsidize 
its
a broadband service,
 cable television 
services
service,
 or 
its 
public telecommunications 
services
service
 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)
(6)
(a)
A municipality may not make or grant any undue or unreasonable preference 
or advantage to 
itself
the municipality
 or to any private provider of:
(i)
a broadband service;
(i)
(ii)
a 
cable television 
services
service
; or
(ii)
(iii)
a 
public telecommunications 
services
service
.
(b)
A municipality shall apply
,
 without discrimination as to 
itself and to any
the 
municipality or a
 private provider
,
 the municipality's ordinances, rules, 
and 
policies, 
and practices, 
including those relating to:
(i)
obligation to serve;
(ii)
access to 
and use of 
public rights of way;
(iii)
access to and use of municipally owned or controlled conduit, towers, and utility 
poles;
(iii)
(iv)
permitting;
(iv)
(v)
performance bonding;
(v)
(vi)
reporting;
 and
(vi)
(vii)
quality of service
; and
(viii)
administration of or participation in federal, state, or local funding opportunities 
for broadband deployment
.
(c)
Subsections 
(4)(a)
(6)(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
47 U.S.C. Sec. 251
.
(5)
(7)
In calculating the rates charged by a municipality for 
a broadband service, 
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)
(7)(a)(i)
 through 
(iv)
; and
(b)
may not price 
any
a broadband service,
 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)
(7)(a)
.
(6)
(8)
(a)
A municipality that provides 
a broadband service, 
cable television 
services
service,
 or public telecommunications 
services
service
 shall establish and maintain a 
comprehensive price list of all 
broadband services, 
cable television services
,
 or public 
telecommunications services offered by the municipality.
(b)
The price list 
required by
described in
 Subsection 
(6)(a)
(8)(a)
 shall:
(i)
include all terms and conditions relating to the municipality providing each 
broadband service, 
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 provide notice of the change:
(i)
for the municipality, as a class A notice under Section 
63G-30-102
, for at least 
five days; and
(ii)
to any other persons requesting notification of any changes to the municipality's 
price list.
(d)
A municipality may not offer 
a broadband service, 
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)
(9)
A municipality may not offer to provide or provide 
a broadband service, 
cable 
television 
services
service,
 or public telecommunications 
services
service
 to a 
subscriber that does not reside within the geographic boundaries of the municipality.
(8)
(10)
(a)
A municipality shall keep accurate books and records of the municipality's:
(i)
broadband services;
(i)
(ii)
cable television services; and
(ii)
(iii)
public telecommunications services.
(b)
The books and records required to be kept under Subsection 
(8)(a)
(10)(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.
(11)
(a)
A municipality shall annually produce a report of the municipality's provision of 
broadband services, cable television services, and public telecommunications 
services.
(b)
The report described in Subsection (11)(a) shall include, for each broadband service, 
cable television service, or public telecommunications service provided by the 
municipality:
(i)
the price list described in Subsection (8) that is effective at the time of the report;
(ii)
the number of households and businesses within the coverage area of the 
municipality's network;
(iii)
the number of subscribers to the service, including net additions or losses, for the 
prior fiscal year;
(iv)
the revenues generated from the service for the prior fiscal year;
(v)
a full-cost accounting for the prior fiscal year regarding:
(A)
the municipality's purchase, lease, construction, maintenance, and operation of 
the facilities necessary to provide the service; and
(B)
the municipality's expenditure of funds for labor, financing, and administering 
the service;
(vi)
the projected growth in demand in the municipality for the service for the next 10 
years;
(vii)
the projections, from the time of the report for the next 10 years, of a full-cost 
accounting for a municipality to purchase, lease, construct, maintain, or operate 
the facilities necessary to provide the service;
(viii)
the projections, from the time of the report for the next 10 years, of the 
revenues to be generated from the service;
(ix)
with respect to the information described in Subsections (11)(b)(iv) through (viii), 
a comparison to the results of the feasibility study for the service adopted by the 
municipality under Section 
10-18-202
;
(x)
a determination as to whether the revenues described in Subsection (11)(b)(iv) 
exceed the costs described in Subsection (11)(b)(v) by the amount necessary to 
meet the bond obligations of any bonds issued to fund the service; and
(xi)
a disclosure of events in the prior fiscal year that are material to the 
municipality's issuance of bonds to fund the service, including:
(A)
debt service delinquencies and defaults;
(B)
non-payment covenant defaults;
(C)
unscheduled reserve fund draws;
(D)
adverse tax opinions;
(E)
credit rating changes;
(F)
bond calls;
(G)
tender offers; and
(H)
private debt placements.
(c)
The report shall be submitted to the legislative body of the municipality before 
October 1 of each year with a summary of the report findings that is no longer than 
one page in length.
(d)
At the next regular meeting after the legislative body of the municipality receives the 
report, the legislative body shall schedule a public hearing to be held within 30 days 
after the day of the meeting at which the public hearing is scheduled, for the purpose 
of allowing:
(i)
the municipality's staff to present the report; and
(ii)
the public to become informed and ask questions about the report findings.
(e)
The municipality shall provide notice of the public hearing described in Subsection 
(11)(d) for the municipality, as a class A notice under Section 
63G-30-102
, for at 
least two weeks before the day on which the public hearing is held.
(f)
After the public hearing described in Subsection (11)(d), the legislative body of the 
municipality shall:
(i)
adopt by resolution the report described in Subsection (11)(a); and
(ii)
make the report available for inspection at a designated office of the municipality 
during normal business hours and via hyperlink on the municipality's website.
(9)
(12)
A municipality may not receive distributions from the Universal Public 
Telecommunications Service Support Fund established in Section 
54-8b-15
.
Section 14, Section 
10-18-304
 is amended to read:
10-18-304
. Eminent domain.
A municipality may not exercise 
its
the municipality's
 power of eminent domain to 
condemn 
the 
plant 
and
or
 equipment of a private provider for the purpose of providing to a 
subscriber:
(1)
a broadband service;
(1)
(2)
a cable television service; or
(2)
(3)
a public telecommunications service.
Section 15, Section 
10-18-305
 is amended to read:
10-18-305
. Quality of service standards.
(1)
A municipality that provides 
a broadband service, 
a cable television service
,
 or a public 
telecommunications service shall adopt an ordinance governing the quality of service the 
municipality shall provide to 
its
the municipality's
 subscribers.
(2)
The 
legislative body of the municipality shall ensure that the 
ordinance 
required by
described in
 Subsection 
(1)
 shall
:
(a)
be
is
 competitively neutral; and
(b)
contain
contains
 standards that are substantially similar to the standards imposed on 
private providers operating within the geographic boundaries of the municipality 
under:
(i)
the Cable Communications Policy Act of 1984, 47 U.S.C. 521, et seq.;
(ii)
the 
Telecommunications Act of 1996, Pub. L. 104-104
Communications Act of 
1934, as amended
;
(iii)
Title 54, Public Utilities
;
(iv)
regulations issued by the Federal Communications Commission under the 
statutes listed in Subsections 
(2)(b)(i)
 and 
(ii)
; and
(v)
rules made by the Public Service Commission of Utah under 
Title 54, Public 
Utilities
.
Section 16, Section 
10-18-306
 is amended to read:
10-18-306
. Enforcement and appeal.
(1)
Before a person that is or is likely to have a substantial interest affected by a 
municipality's violation of this chapter may file an action in district court for violation of 
this chapter, that person shall file a written complaint with the municipality in 
accordance with this section.
(2)
(a)
A municipality that provides 
a broadband service, 
a cable television service
,
 or a 
public telecommunications service shall enact an ordinance establishing a procedure 
for the filing and resolution of complaints relating to the municipality providing:
(i)
a broadband service;
(ii)
a cable television service; or
(ii)
(iii)
a public telecommunications service.
(b)
The procedure 
required by
described in
 Subsection 
(2)(a)
 shall:
(i)
permit any person described in Subsection 
(1)
 to file a complaint including:
(A)
an individual subscriber; or
(B)
a private provider that competes with the municipality in the geographic 
boundaries of the municipality;
(ii)
establish an expedited process that requires
,
 within 45 days after the date the 
complaint is filed
, the municipality to
:
(A)
that
hold
 a hearing 
be held
on the complaint
, unless the parties to the 
proceeding waive the requirement of a hearing; and
(B)
the issuance of
issue
 a final decision
 on the complaint
; and
(iii)
provide that failure to render a decision within the time 
allotted
required
 shall 
be treated as an adverse decision for purposes of appeal.
(3)
Appeal of an adverse decision from the municipality may be taken to the district court 
for a de novo proceeding.
Section 17, Section 
11-13-201
 is amended to read:
11-13-201
. Joint exercise of power, privilege, or authority by public agencies -- 
Relationship to the Municipal Cable Television and Communications Services Act.
(1)
(a)
Any power, privilege, or authority exercised or capable of exercise by a Utah 
public agency may be exercised and enjoyed jointly with any other Utah public 
agency having the same power, privilege, or authority, in a manner consistent with 
the provisions of this chapter, and jointly with any out-of-state public agency to the 
extent that the laws governing the out-of-state public agency permit such joint 
exercise or enjoyment.
(b)
Any agency of the state government when acting jointly with any public agency may 
exercise and enjoy all of the powers, privileges, and authority conferred by this 
chapter upon a public agency.
(2)
This chapter 
may
does
 not enlarge or expand the authority of a public agency not 
authorized to offer 
and
or
 provide 
a broadband service, a 
cable television 
services and
service, or a
 public telecommunications 
services
service
 under 
Title 10, Chapter 18, 
Municipal Cable Television and Public Telecommunications Services Act
Title 10, 
Chapter 18, Municipal Cable Television and Communications Services Act
, to offer or 
provide 
a broadband service, a 
cable television 
services and
service, or a
 public 
telecommunications 
services
service
.
Section 18, Section 
20A-1-203
 is amended to read:
20A-1-203
. Calling and purpose of special elections -- Two-thirds vote 
limitations.
(1)
Statewide and local special elections may be held for any purpose authorized by law.
(2)
(a)
Statewide special elections shall be conducted using the procedure for regular 
general elections.
(b)
Except as otherwise provided in this title, local special elections shall be conducted 
using the procedures for regular municipal elections.
(3)
The governor may call a statewide special election by issuing an executive order that 
designates:
(a)
the date for the statewide special election; and
(b)
the purpose for the statewide special election.
(4)
The Legislature may call a statewide special election by passing a joint or concurrent 
resolution that designates:
(a)
the date for the statewide special election; and
(b)
the purpose for the statewide special election.
(5)
(a)
The legislative body of a local political subdivision may call a local special 
election only for:
(i)
a vote on a bond or debt issue;
(ii)
a vote on a voted local levy authorized by Section 
53F-8-402
 or 
53F-8-301
;
(iii)
an initiative authorized by Chapter 7, Part 5, Local Initiatives - Procedures;
(iv)
a referendum authorized by Chapter 7, Part 6, Local Referenda - Procedures;
(v)
if required or authorized by federal law, a vote to determine whether Utah's legal 
boundaries should be changed;
(vi)
a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act;
(vii)
a vote on a municipality providing 
a broadband service, a 
cable television 
services
service,
 or 
a 
public telecommunications 
services
service
 under Section 
10-18-204
;
(viii)
a vote to create a new county under Section 
17-3-1
;
(ix)
a vote on a special property tax under Section 
53F-8-402
; or
(x)
a vote on the incorporation of a municipality in accordance with Section 
10-2a-210
.
(b)
The legislative body of a local political subdivision may call a local special election 
by adopting an ordinance or resolution that designates:
(i)
the date for the local special election as authorized by Section 
20A-1-204
; and
(ii)
the purpose for the local special election.
(c)
A local political subdivision may not call a local special election unless the ordinance 
or resolution calling a local special election under Subsection (5)(b) is adopted by a 
two-thirds majority of all members of the legislative body, if the local special 
election is for:
(i)
a vote on a bond or debt issue as described in Subsection (5)(a)(i);
(ii)
a vote on a voted leeway or levy program as described in Subsection (5)(a)(ii); or
(iii)
a vote authorized or required for a sales tax issue as described in Subsection 
(5)(a)(vi).
Section 19. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-14-25 1:48 PM