(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.
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Terms Used In Utah Code 10-18-306

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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)

     (2)(a) A municipality that provides 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:

          (2)(a)(i) a cable television service; or
          (2)(a)(ii) a public telecommunications service.
     (2)(b) The procedure required by Subsection (2)(a) shall:

          (2)(b)(i) permit any person described in Subsection (1) to file a complaint including:

               (2)(b)(i)(A) an individual subscriber; or
               (2)(b)(i)(B) a private provider that competes with the municipality in the geographic boundaries of the municipality;
          (2)(b)(ii) establish an expedited process that requires within 45 days after the date the complaint is filed:

               (2)(b)(ii)(A) that a hearing be held, unless the parties to the proceeding waive the requirement of a hearing; and
               (2)(b)(ii)(B) the issuance of a final decision; and
          (2)(b)(iii) provide that failure to render a decision within the time allotted 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.

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