Utah Code 10-18-201. Limitations on providing a cable television and public telecommunications services
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(1) Except as provided in this chapter, a municipality may not:
Terms Used In Utah Code 10-18-201
- 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.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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 - Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- Subscribers: means a person that lawfully receives:(11)(a) cable television services; or(11)(b) public telecommunications services. See Utah Code 10-18-102
(1)(a) provide to one or more subscribers:
(1)(a)(i) a cable television service; or
(1)(a)(ii) a public telecommunications service; or
(1)(b) for the purpose of providing 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 cable television service or public telecommunications service if the municipality provides the service:
(2)(a) directly or indirectly, including through an authority or instrumentality:
(2)(a)(i) acting on behalf of the municipality; or
(2)(a)(ii) for the benefit of the municipality;
(2)(b) by itself;
(2)(c) through:
(2)(c)(i) a partnership; or
(2)(c)(ii) joint venture; or
(2)(d) by contract, resale, or otherwise.