Utah Code 78B-7-117. Court order for transfer of wireless telephone number

78B-7-117. Court order for transfer of wireless telephone number.

(1)	As used in this section, “wireless service provider” means a provider of commercial mobile service under Section 332(d) of the Federal Telecommunications Act of 1996.

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Terms Used In Utah Code 78B-7-117

Abuse: means , except as provided in Section 78B-7-201, intentionally or knowingly causing or attempting to cause another individual physical harm or intentionally or knowingly placing another individual in reasonable fear of imminent physical harm. See Utah Code 78B-7-102
Cohabitant: means an emancipated individual under Section 15-2-1 or an individual who is 16 years old or older who:

(i)	is or was a spouse of the other party;

(ii)	is or was living as if a spouse of the other party;

(iii)

is related by blood or marriage to the other party as the individual's parent, grandparent, sibling, or any other individual related to the individual by consanguinity or affinity to the second degree;

(iv)	has or had one or more children in common with the other party;

(v)	is the biological parent of the other party's unborn child;

(vi)	resides or has resided in the same residence as the other party; or

(vii)

is or was in a consensual sexual relationship with the other party. See Utah Code 78B-7-102

Court: means the district court or juvenile court. See Utah Code 78B-7-201

Protective order: means :

(a)	a child protective order; or

(b)

an ex parte child protective order. See Utah Code 78B-7-201

(2)

At or after the time that a court issues a sentencing protective order or continuous protective order under Section 78B-7-804 or a cohabitant abuse protective order under Section 78B-7-603, the court may order the transfer of a wireless telephone number as provided in this section, if:

(a)	the perpetrator is the account holder for the wireless telephone number;

(b)	the number is assigned to a telephone that is primarily used by the victim or an individual who will reside with the victim during the time that the protective order or the order of protection is in effect; and

(c)	the victim requests transfer of the wireless telephone number.

(3)

An order transferring a wireless telephone number under this section shall:

(a)	direct a wireless service provider to transfer the rights to, and the billing responsibility for, the wireless telephone number to the victim; and

(b)	include the wireless telephone number to be transferred, the name of the transferee, and the name of the account holder.

(4)

A wireless service provider shall comply with an order issued under this section, unless compliance is not reasonably possible due to:

(a)	the account holder having already terminated the account;

(b)	differences in network technology that prevent the victim’s device from functioning on the network to which the number is to be transferred;

(c)	geographic or other service availability constraints; or

(d)	other barriers outside the control of the wireless service provider.

(5)

A wireless service provider that fails to comply with an order issued under this section shall, within four business days after the day on which the wireless service provider receives the order, provide notice to the victim stating:

(a)	that the wireless service provider is not able to reasonably comply with the order; and

(b)	the reason that the wireless service provider is not able to reasonably comply with the order.

(6)

The victim has full financial responsibility for each wireless telephone number transferred to the victim by an order under this section, beginning on the day on which the wireless telephone number is transferred, including monthly service costs and costs for any mobile device associated with the wireless telephone number.

(7)	This section does not preclude a wireless service provider from applying standard requirements for account establishment to the victim when transferring financial responsibility under Subsection (6).

(8)	A wireless service provider, and any officer, employee, or agent of the wireless service provider, is not civilly liable for action taken in compliance with an order issued under this section.

Renumbered and Amended by Chapter 142, 2020 General Session

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