A municipality may not exercise its power of eminent domain to condemn plant and equipment of a private provider for the purpose of providing to a subscriber:

(1) a cable television service; or

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Terms Used In Utah Code 10-18-304

  • Cable television service: means :
         (1)(a) the one-way transmission to subscribers of:
              (1)(a)(i) video programming; or
              (1)(a)(ii) other programming service; and
         (1)(b) subscriber interaction, if any, that is required for the selection or use of:
              (1)(b)(i) the video programming; or
              (1)(b)(ii) other programming service. See Utah Code 10-18-102
  • Municipality: means :
         (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
  • Private provider: means a person that:
         (8)(a) provides:
              (8)(a)(i) cable television services; or
              (8)(a)(ii) public telecommunications services; and
         (8)(b) is a private entity. See Utah Code 10-18-102
  • 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. See Utah Code 10-18-102
(2) a public telecommunications service.