10-18-303. General operating limitations — Notice of change to price list. 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:
Terms Used In Utah Code 10-18-303
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Cable television service: means :
(a)
the one-way transmission to subscribers of:
(i)
video programming; or
(ii)
other programming service; and
(b)
subscriber interaction, if any, that is required for the selection or use of:
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
Direct costs: means those expenses of a municipality that:
(a)
are directly attributable to providing:
(i)
a cable television service; or
(ii)
a public telecommunications service; and
(b)
would be eliminated if the service described in Subsection (4)(a) were not provided by the municipality. See Utah Code 10-18-102
Indirect costs: means any costs:
(i)
identified with two or more services or other functions; and
(ii)
that are not directly identified with a single service or function. See Utah Code 10-18-102
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
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)
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;
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 posted on the Utah Public Notice Website created in Section 63A-16-601; 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 provide notice of the change:
(i)
for the municipality, as a class A notice under Section 63G-30-102, for at least five days; and
(ii)
to any other persons requesting notification of any changes to the municipality’s price list.
(d)
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.
