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
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipality: means :
(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;
a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
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
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
(a)
provide:
(i)
a cable television service; or
(ii)
a public telecommunications service; or
(b)
purchase, lease, construct, maintain, or operate a facility for the purpose of providing:
(i)
a cable television service; or
(ii)
a public telecommunications service.
(2)
Except as provided in Subsections (3) and (4), this chapter does not apply to a municipality purchasing, leasing, constructing, or equipping facilities:
(a)
that are designed to provide services within the municipality ; and
(b)
that the municipality:
(i)
uses for internal municipal government purposes; or
(ii)
by written contract, leases, sells capacity in, or grants other similar rights to a private provider to use the facilities in connection with a private provider offering:
(A)
cable television services; or
(B)
public telecommunications services.
(3)
(a)
As used in this Subsection (3), “municipal entity” means:
Notwithstanding Subsection (2), a municipal entity shall comply with Subsection (3)(c) if the municipal entity purchases, leases, constructs, or equips facilities that the municipal entity by written contract leases, sells capacity in, or grants other similar rights to a private provider to use the facilities in connection with a private provider offering:
(i)
cable television services; or
(ii)
public telecommunications services.
(c)
A municipal entity described in Subsection (3)(b) shall, with respect to an action described in Subsection (3)(b), comply with the obligations imposed on a municipality pursuant to:
A municipality described in Subsection 10-18-105(2) may call an election under Section 10-18-204 with respect to the provision of public telecommunications service facilities.
