Utah Code 10-18-104. Application to existing contracts
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Terms Used In Utah Code 10-18-104
- 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
- Contract: A legal written agreement that becomes binding when signed.
- 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 Section10-2-301 ; 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
(1)(a) If before the sooner of March 1 or the effective date of the chapter, the legislative body of a municipality authorized the municipality to offer or provide cable television services or public telecommunications services, each authorized service:(1)(a)(i) is exempt from Part 2, Conditions for Providing Services; and(1)(a)(ii) is subject to Part 3, Operational Requirements and Limitations.(1)(b) The exemption described in Subsection (1)(a)(i) may 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.(2) This chapter does not:(2)(a) invalidate any contract entered into by a municipality before the sooner of March 1 or the effective date of this chapter:(2)(a)(i) for the design, construction, equipping, operation, or maintenance of facilities used or to be used by the municipality, or by a private provider under a contract with the municipality for the purpose of providing:(2)(a)(i)(A) cable television services; or(2)(a)(i)(B) public telecommunications services;(2)(a)(ii) with a private provider for the use of the facilities described in Subsection (2)(a)(i) in connection with the private provider offering:(2)(a)(ii)(A) cable television services; or(2)(a)(ii)(B) public telecommunications services;(2)(a)(iii) with a subscriber for providing:(2)(a)(iii)(A) a cable television service; or(2)(a)(iii)(B) a public telecommunications service; or(2)(a)(iv) to obtain or secure financing for the acquisition or operation of the municipality’s facilities or equipment used in connection with providing:(2)(a)(iv)(A) a cable television service; or(2)(a)(iv)(B) a public telecommunications service; or(2)(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)(3)(a) A municipality meeting the one or more of the following conditions is exempt from this chapter as provided in Subsection (3)(b):(3)(a)(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:(3)(a)(i)(A) cable television services; or(3)(a)(i)(B) public telecommunications services; or(3)(a)(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:(3)(a)(ii)(A) a cable television service; or(3)(a)(ii)(B) a public telecommunications service.(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).