2006 Utah Code - 10-18-303 — General operating limitations.

     10-18-303.   General operating limitations.
     A municipality that provides a cable television service or a public telecommunications service under this chapter is subject to the operating limitations of this section.
     (1) A municipality that provides a cable television service shall comply with:
     (a) the Cable Communications Policy Act of 1984, 47 U.S.C. 521, et seq.; and
     (b) the regulations issued by the Federal Communications Commission under the Cable Communications Policy Act of 1984, 47 U.S.C. 521, et seq.
     (2) A municipality that provides a public telecommunications service shall comply with:
     (a) the Telecommunications Act of 1996, Pub. L. 104-104;
     (b) the regulations issued by the Federal Communications Commission under the Telecommunications Act of 1996, Pub. L. 104-104;
     (c) Section 54-8b-2.2 relating to:
     (i) the interconnection of essential facilities; and
     (ii) the purchase and sale of essential services; and
     (d) the rules made by the Public Service Commission of Utah under Section 54-8b-2.2.
     (3) A municipality may not cross subsidize its cable television services or its public telecommunications services with:
     (a) tax dollars;
     (b) income from other municipal or utility services;
     (c) below-market rate loans from the municipality; or
     (d) any other means.
     (4) (a) A municipality may not make or grant any undue or unreasonable preference or advantage to itself or to any private provider of:
     (i) cable television services; or
     (ii) public telecommunications services.
     (b) A municipality shall apply without discrimination as to itself and to any private provider the municipality's ordinances, rules, and policies, including those relating to:
     (i) obligation to serve;
     (ii) access to public rights of way;
     (iii) permitting;
     (iv) performance bonding;
     (v) reporting; and
     (vi) quality of service.
     (c) Subsections (4)(a) and (b) do not supersede the exception for a rural telephone company in Section 251 of the Telecommunications Act of 1996, Pub. L. 104-104.
     (5) In calculating the rates charged by a municipality for a cable television service or a public telecommunications service, the municipality:
     (a) shall include within its rates an amount equal to all taxes, fees, and other assessments that would be applicable to a similarly situated private provider of the same services, including:
     (i) federal, state, and local taxes;
     (ii) franchise fees;
     (iii) permit fees;
     (iv) pole attachment fees; and
     (v) fees similar to those described in Subsections (5)(a)(i) through (iv); and
     (b) may not price any cable television service or public telecommunications service at a

level that is less than the sum of:
     (i) the actual direct costs of providing the service;
     (ii) the actual indirect costs of providing the service; and
     (iii) the amount determined under Subsection (5)(a).
     (6) (a) A municipality that provides cable television services or public telecommunications services shall establish and maintain a comprehensive price list of all cable television services or public telecommunications services offered by the municipality.
     (b) The price list required by Subsection (6)(a) shall:
     (i) include all terms and conditions relating to the municipality providing each cable television service or public telecommunications service offered by the municipality;
     (ii) be published in a newspaper having general circulation in the municipality; and
     (iii) be available for inspection:
     (A) at a designated office of the municipality; and
     (B) during normal business hours.
     (c) At least five days before the date a change to a municipality's price list becomes effective, the municipality shall:
     (i) notify the following of the change:
     (A) all subscribers to the services for which the price list is being changed; and
     (B) any other persons requesting notification of any changes to the municipality's price list; and
     (ii) publish notice in a newspaper of general circulation in the municipality.
     (d) If there is no newspaper of general circulation in the municipality, the municipality shall publish the notice required by this Subsection (6) in a newspaper of general circulation that is nearest the municipality.
     (e) A municipality may not offer a cable television service or a public telecommunications service except in accordance with the prices, terms, and conditions set forth in the municipality's price list.
     (7) A municipality may not offer to provide or provide cable television services or public telecommunications services to a subscriber that does not reside within the geographic boundaries of the municipality.
     (8) (a) A municipality shall keep accurate books and records of the municipality's:
     (i) cable television services; and
     (ii) public telecommunications services.
     (b) The books and records required to be kept under Subsection (8)(a) are subject to legislative audit to verify the municipality's compliance with the requirements of this chapter including:
     (i) pricing;
     (ii) recordkeeping; and
     (iii) antidiscrimination.
     (9) A municipality may not receive distributions from the Universal Public Telecommunications Service Support Fund established in Section 54-8b-15.

Enacted by Chapter 83, 2001 General Session