Utah Code 63H-7a-202. Powers and duties of the Utah Communications Authority

63H-7a-202. Powers and duties of the Utah Communications Authority.

(1)

The authority has the power to:

Terms Used In Utah Code 63H-7a-202

Authority: means the Utah Communications Authority created in Section 63H-7a-201. See Utah Code 63H-7a-103
Backhaul network: means the portion of a public safety communications network that consists primarily of microwave paths, fiber lines, or ethernet circuits. See Utah Code 63H-7a-103
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Lease: means any lease, lease purchase, sublease, operating, management, or similar agreement. See Utah Code 63H-7a-103
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}
Person: means :Utah Code 68-3-12.5
PSAP: means an entity in this state that:

(a)	receives, as a first point of contact, direct 911 emergency communications from the 911 emergency service network requesting a public safety service;

(b)	has a facility with the equipment and staff necessary to receive the communication;

(c)	assesses, classifies, and prioritizes the communication; and

(d)

dispatches the communication to the proper responding agency. See Utah Code 63H-7a-103

Public safety communications network: means :

(a)	a regional or statewide public safety governmental communications network and related facilities, including real property, improvements, and equipment necessary for the acquisition, construction, and operation of the services and facilities; and

(b)	911 emergency services, including radio communications, connectivity, and 911 call processing equipment. See Utah Code 63H-7a-103 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)	sue and be sued in the authority’s own name;

(b)	have an official seal and power to alter that seal at will;

(c)	make and execute contracts and all other instruments necessary or convenient for the performance of the authority’s duties and the exercise of the authority’s powers and functions under this chapter, including contracts with public and private providers;

(d)	own, acquire, design, construct, operate, maintain, repair, and dispose of any portion of a public safety communications network utilizing technology that is fiscally prudent, upgradable, technologically advanced, redundant, and secure;

(e)	borrow money and incur indebtedness;

(f)	enter into agreements with public agencies, private persons, the state, and federal government to provide public safety communications network services on terms and conditions the authority considers to be in the best interest of the authority;

(g)	acquire, by gift, grant, purchase, or by exercise of eminent domain, any real property or personal property in connection with the acquisition and construction of a public safety communications network and all related facilities and rights-of-way that the authority owns, operates, and maintains;

(h)	sell, lease, or trade public safety communications network capacity, except backhaul network capacity, to a state agency, a political subdivision of the state, or an agency of the federal government;

(i)	sell, lease, or trade backhaul network capacity to a state agency, a political subdivision of the state, or an agency of the federal government for a public safety purpose;

(j)	sell, lease, or trade backhaul network capacity to a state agency, a political subdivision of the state, or an agency of the federal government for a purpose other than a public safety purpose, subject to a maximum of 50 megabytes per second in the aggregate at any one location;

(k)

subject to Subsection (2):

(i)	sell, lease, or trade backhaul network capacity to a private person for a public safety purpose, subject to a maximum of 50 megabytes per second in the aggregate at any one location; or

(ii)	sell, lease, or trade public safety communications network capacity, except backhaul network capacity, to a private person for any purpose;

(l)	sell, lease, or trade public safety communications network capacity, if the sale, lease, or trade is under an agreement the authority entered into before June 30, 2020, or under an extension of an agreement that the authority entered into before June 30, 2020;

(m)	review, approve, disapprove, or revise recommendations regarding the expenditure of funds disbursed by the authority under this chapter; and

(n)	perform all other duties authorized by this chapter.

(2)

(a)

For a sale, lease, or trade to a private person under Subsection (1)(k), the authority shall require compensation from the private person that is:

(i)	at fair market prices and reasonable;

(ii)	competitively neutral;

(iii)

nondiscriminatory;

(iv)	open to public inspection; and

(v)	established to promote access by multiple telecommunication facility providers.

(b)

(i)	Compensation charged under Subsection (2)(a) may be cash, in-kind, or a combination of cash and in-kind.

(ii)	In-kind compensation may not be charged without the agreement of the authority and the private person who will pay the in-kind compensation.

(iii)

The authority shall determine the present value of any in-kind compensation based on the incremental cost to the private person.

(iv)	The authority shall require the value of any in-kind compensation or combination of cash and in-kind compensation to be at least the amount of cash that would be paid if compensation were cash only.

(3)	The authority shall work with PSAPs to identify and address deficiencies relating to PSAP staffing and training.

Amended by Chapter 507, 2023 General Session

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