Utah Code > Title 10 > Chapter 18 – Municipal Cable Television and Public Telecommunications Services Act

		Sections
Part 1	General Provisions	10-18-101 – 10-18-106
Part 2	Conditions for Providing Services	10-18-201 – 10-18-204
Part 3	Operational Requirements and Limitations	10-18-301 – 10-18-306

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Terms Used In Utah Code > Title 10 > Chapter 18 - Municipal Cable Television and Public Telecommunications Services Act

Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Affected entity: means :
          (1)(a)(i) a county of the first or second class in whose unincorporated area the area proposed for annexation is located;
          (1)(a)(ii) a county of the third, fourth, fifth, or sixth class in whose unincorporated area the area proposed for annexation is located, if the area includes residents or commercial or industrial development;
          (1)(a)(iii) a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, whose boundary includes any part of an area proposed for annexation;
          (1)(a)(iv) a school district whose boundary includes any part of an area proposed for annexation, if the boundary is proposed to be adjusted as a result of the annexation; and
          (1)(a)(v) a municipality whose boundaries are within 1/2 mile of an area proposed for annexation. See Utah Code 10-2-401
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Annexation petition: means a petition under Section 10-2-403 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality. See Utah Code 10-2-401
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.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Biological sex at birth: means an individual's sex, as being male or female,
according to distinct reproductive roles as manifested by sex and reproductive organ anatomy, chromosomal makeup, and endogenous hormone profiles. See Utah Code 26B-8-101
Business enterprise: means a sole proprietorship, partnership, association, joint venture, corporation, limited liability company, or other entity used in carrying on a business. See Utah Code 13-23-2
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
Capital costs: means all costs of providing a service that are capitalized in accordance with generally accepted accounting principles. See Utah Code 10-18-102
Certified nurse midwife: means an individual who:
(3)(a) is licensed to practice as a certified nurse midwife under Title 58, Chapter 44a, Nurse Midwife Practice Act; and
(3)(b) has completed an education program regarding the completion of a certificate of death developed by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 26B-8-101
Chapter: means a chapter, branch, area, office, or similar affiliate of a charitable organization. See Utah Code 13-22-2
Charitable organization: includes a chapter or a person who solicits contributions within the state for a charitable organization. See Utah Code 13-22-2
Charitable sales promotion: means an advertising or sales campaign, conducted by a commercial co-venturer, which represents that the purchase or use of goods or services offered by the commercial co-venturer will benefit, in whole or in part, a charitable organization or purpose. See Utah Code 13-22-2
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Commercial co-venturer: means a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for a charitable organization or purpose. See Utah Code 13-22-2
Commission: means a boundary commission established under Section 10-2-409 for the county in which the property that is proposed for annexation is located. See Utah Code 10-2-401
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Consumer: means a purchaser of health spa services for consideration. See Utah Code 13-23-2
Contiguous: means :
(2)(a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
(2)(b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
Contract: A legal written agreement that becomes binding when signed.
Contribution: means the pledge or grant for a charitable purpose of any money or property of any kind, including any of the following:
          (7)(a)(i) a gift, subscription, loan, advance, or deposit of money or anything of value;
          (7)(a)(ii) a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for charitable purposes; or
          (7)(a)(iii) fees, dues, or assessments paid by members, when membership is conferred solely as consideration for making a contribution. See Utah Code 13-22-2
Contributor: means a donor, pledgor, purchaser, or other person who makes a contribution. See Utah Code 13-22-2
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
County legislative body: means :
     (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
     (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
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. See Utah Code 10-18-102
Custodial funeral service director: means a funeral service director who:
(4)(a) is employed by a licensed funeral establishment; and
(4)(b) has custody of a dead body. See Utah Code 26B-8-101
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Dead body: means a human body or parts of a human body from the condition of which it reasonably may be concluded that death occurred. See Utah Code 26B-8-101
Dead fetus: means a product of human conception, other than those circumstances described in Subsection 76-7-301(1):
(7)(a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual period began to the date of delivery; and
(7)(b) that was not born alive. See Utah Code 26B-8-101
Decedent: A deceased person.
Decedent: means the same as a dead body. See Utah Code 26B-8-101
Department: means the Department of Commerce. See Utah Code 58-1-102
Direct costs: means those expenses of a municipality that:
     (4)(a) are directly attributable to providing:
          (4)(a)(i) a cable television service; or
          (4)(a)(ii) a public telecommunications service; and
     (4)(b) would be eliminated if the service described in Subsection (4)(a) were not provided by the municipality. See Utah Code 10-18-102
Director: means the director of the Division of Consumer Protection. See Utah Code 13-22-2
Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
Dispositioner: means :
     (9)(a) a person designated in a written instrument, under Subsection 58-9-602(1), as having the right and duty to control the disposition of the decedent, if the person voluntarily acts as the dispositioner; or
     (9)(b) the next of kin of the decedent, if:
          (9)(b)(i)
               (9)(b)(i)(A) a person has not been designated as described in Subsection (9)(a); or
               (9)(b)(i)(B) the person described in Subsection (9)(a) is unable or unwilling to exercise the right and duty described in Subsection (9)(a); and
          (9)(b)(ii) the next of kin voluntarily acts as the dispositioner. See Utah Code 26B-8-101
Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2
Division: means the Division of Consumer Protection. See Utah Code 13-23-2
Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Executive director: means the executive director of the Department of Commerce. See Utah Code 58-1-102
Expansion area: means the unincorporated area that is identified in an annexation policy plan under Section Utah Code 10-2-401
Feasibility consultant: means an individual or entity with expertise in the processes and economics of providing:
(5)(a) cable television service; and
(5)(b) public telecommunications service. See Utah Code 10-18-102
Fetal remains: means :
(10)(a) an aborted fetus as that term is defined in Section 26B-2-232; or
(10)(b) a miscarried fetus as that term is defined in Section 26B-2-233. See Utah Code 26B-8-101
Fiduciary: A trustee, executor, or administrator.
File: means the submission of a completed certificate or other similar document, record, or report as provided under this part for registration by the state registrar or a local registrar. See Utah Code 26B-8-101
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Fraud: Intentional deception resulting in injury to another.
Full-cost accounting: means the accounting of all costs incurred by a municipality in providing:
(6)(a)(i) a cable television service; or
(6)(a)(ii) a public telecommunications service. See Utah Code 10-18-102
Funeral service director: means the same as that term is defined in Section 58-9-102. See Utah Code 26B-8-101
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
Health care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-8-101
Health care professional: means a physician, physician assistant, nurse practitioner, or certified nurse midwife. See Utah Code 26B-8-101
Health spa: means a business enterprise that provides access to a facility:
(4)(a)(i) for a charge or a fee; and
(4)(a)(ii) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
Health spa facility: means a facility to which a business entity provides access:
(5)(a) for a charge or a fee; and
(5)(b) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
Health spa service: includes a personal training service. See Utah Code 13-23-2
Indirect costs: means any costs:
(7)(a)(i) identified with two or more services or other functions; and
(7)(a)(ii) that are not directly identified with a single service or function. See Utah Code 10-18-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
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}
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Licensed funeral establishment: means :
(16)(a) if located in Utah, a funeral service establishment, as that term is defined in Section 58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services Licensing Act; or
(16)(b) if located in a state, district, or territory of the United States other than Utah, a funeral service establishment that complies with the licensing laws of the jurisdiction where the establishment is located. See Utah Code 26B-8-101
Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Live birth: means the birth of a child who shows evidence of life after the child is entirely outside of the mother. See Utah Code 26B-8-101
Local registrar: means a person appointed under Subsection 26B-8-102(3)(b). See Utah Code 26B-8-101
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
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
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Office: means the Office of Vital Records and Statistics within the department. See Utah Code 26B-8-101
organization: means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity:
          (2)(a)(i) who is or holds itself out to be:
               (2)(a)(i)(A) a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;
               (2)(a)(i)(B) for the benefit of a public safety, law enforcement, or firefighter fraternal association; or
               (2)(a)(i)(C) established for any charitable purpose;
          (2)(a)(ii) who solicits or obtains contributions solicited from the public for a charitable purpose; or
          (2)(a)(iii) in any manner employs a charitable appeal as the basis of any solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to any solicitation. See Utah Code 13-22-2
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.
Peninsula: when used to describe an unincorporated area, means an area surrounded on more than 1/2 of its boundary distance, but not completely, by incorporated territory and situated so that the length of a line drawn across the unincorporated area from an incorporated area to an incorporated area on the opposite side shall be less than 25% of the total aggregate boundaries of the unincorporated area. 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
Person: means :
     (24)(a) an individual;
     (24)(b) an association;
     (24)(c) an institution;
     (24)(d) a corporation;
     (24)(e) a company;
     (24)(f) a trust;
     (24)(g) a limited liability company;
     (24)(h) a partnership;
     (24)(i) a political subdivision;
     (24)(j) a government office, department, division, bureau, or other body of government; and
     (24)(k) any other organization or entity. See Utah Code 68-3-12.5
Personal training service: means the personalized instruction, training, supervision, or monitoring of an individual's physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
Physician: means a person licensed to practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-8-101
Physician assistant: means an individual who:
(22)(a) is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act; and
(22)(b) has completed an education program regarding the completion of a certificate of death developed by the department by administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 26B-8-101
Primary location: means the health spa facility that a health spa designates in a contract for health spa services as the health spa facility the consumer in the contract will primarily use for health spa services. See Utah Code 13-23-2
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
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Professional fund raiser: means a person who:
          (16)(a)(i) for compensation or any other consideration, for or on behalf of a charitable organization that is a nonprofit corporation, or any other person that is not a political organization:
               (16)(a)(i)(A) solicits contributions; or
               (16)(a)(i)(B) promotes or sponsors the solicitation of contributions;
          (16)(a)(ii)
               (16)(a)(ii)(A) for compensation or any other consideration, plans, manages, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organizationthat is a nonprofit corporation, or any other person that is not a political organization; and
               (16)(a)(ii)(B) at any time has custody of a contribution for the charitable organization;
          (16)(a)(iii) engages in, or represents being independently engaged in, the business of soliciting contributions for a charitable organization that is a nonprofit corporation;
          (16)(a)(iv) manages, supervises, or trains any solicitor whether as an employee or otherwise; or
          (16)(a)(v) uses a vending device or vending device decal for financial or other consideration that implies a solicitation of contributions or donations for any charitable organization or charitable purposes. See Utah Code 13-22-2
Professional fund raising consultant: means a person who:
          (17)(a)(i) for compensation or any other consideration, plans, manages, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization that is a nonprofit corporation or any other person that is not a political organization;
          (17)(a)(ii) does not solicit contributions;
          (17)(a)(iii) does not at any time have custody of a contribution from solicitation; and
          (17)(a)(iv) does not employ, procure, or engage any compensated person to solicit or receive contributions. See Utah Code 13-22-2
Property: includes both real and personal property. See Utah Code 68-3-12.5
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
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
Public telecommunications service facilities: means a facility described in Subsection 10-18-105(2). See Utah Code 10-18-102
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: includes :
     (31)(a) land;
     (31)(b) a tenement;
     (31)(c) a hereditament;
     (31)(d) a water right;
     (31)(e) a possessory right; and
     (31)(f) a claim. See Utah Code 68-3-12.5
register: means acceptance by the local or state registrar of a certificate and incorporation of the certificate into the permanent records of the state. See Utah Code 26B-8-101
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Service of process: The service of writs or summonses to the appropriate party.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
     (34)(a) sex and reproductive organ anatomy;
     (34)(b) chromosomal makeup; and
     (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
solicitation: includes :
          (5)(b)(i) any of the following done, or purporting to be done, for a charitable purpose:
               (5)(b)(i)(A) any oral or written request, including any request by telephone, radio, television, or other advertising or communications media;
               (5)(b)(i)(B) the distribution, circulation, or posting of any handbill, written advertisement, or publication; or
               (5)(b)(i)(C) an application or other request for a a private grant or, if made by an individual, a public grant; or
          (5)(b)(ii) the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which any appeal is made for any charitable purpose, or the use of the name of any charitable organization or movement as an inducement or reason for making any purchase donation, or, in connection with any sale or donation, stating or implying that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. See Utah Code 13-22-2
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State registrar: means the state registrar of vital records appointed under Section 26B-8-102. See Utah Code 26B-8-101
Statute: A law passed by a legislature.
Subscribers: means a person that lawfully receives:
(11)(a) cable television services; or
(11)(b) public telecommunications services. See Utah Code 10-18-102
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Trustee: A person or institution holding and administering property in trust.
Unincorporated: means not within a municipality. See Utah Code 10-1-104
Unincorporated peninsula: means an unincorporated area:
          (1)(l)(i) that is part of a larger unincorporated area;
          (1)(l)(ii) that extends from the rest of the unincorporated area of which it is a part;
          (1)(l)(iii) that is surrounded by land that is within a municipality, except where the area connects to and extends from the rest of the unincorporated area of which it is a part; and
          (1)(l)(iv) whose width, at any point where a straight line may be drawn from a place where it borders a municipality to another place where it borders a municipality, is no more than 25% of the boundary of the area where it borders a municipality. See Utah Code 10-2-401
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Urban development: means :
(1)(m)(i) a housing development with more than 15 residential units and an average density greater than one residential unit per acre; or
(1)(m)(ii) a commercial or industrial development for which cost projections exceed $750,000 for all phases. See Utah Code 10-2-401
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
     (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
     (42)(b)
          (42)(b)(i) after the day described in Subsection (42)(a); and
          (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
Venue: The geographical location in which a case is tried.
Vital records: means :
     (26)(a) registered certificates or reports of birth, death, fetal death, marriage, divorce, dissolution of marriage, or annulment;
     (26)(b) amendments to any of the registered certificates or reports described in Subsection (26)(a);
     (26)(c) an adoption document; and
     (26)(d) other similar documents. See Utah Code 26B-8-101
Vital statistics: means the data derived from registered certificates and reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of marriage, or annulment. See Utah Code 26B-8-101
Woman: means an adult human female. See Utah Code 68-3-12.5
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5