LegalFix

Section 104 - Application to existing contracts.

UT Code § 10-18-104 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) (a) If before the sooner of March 1 or the effective date of the chapter, the legislative body of a municipality authorized the municipality to offer or provide cable television services or public telecommunications services, each authorized service: (i) is exempt from Part 2, Conditions for Providing Services; and (ii) is subject to Part 3, Operational Requirements and Limitations. (b) The exemption described in Subsection (1)(a)(i) may not apply to any cable television service or public telecommunications service authorized by the legislative body of a municipality on or after the sooner of March 1 or the effective date of this chapter.

(a) If before the sooner of March 1 or the effective date of the chapter, the legislative body of a municipality authorized the municipality to offer or provide cable television services or public telecommunications services, each authorized service: (i) is exempt from Part 2, Conditions for Providing Services; and (ii) is subject to Part 3, Operational Requirements and Limitations.

(i) is exempt from Part 2, Conditions for Providing Services; and

(ii) is subject to Part 3, Operational Requirements and Limitations.

(b) The exemption described in Subsection (1)(a)(i) may not apply to any cable television service or public telecommunications service authorized by the legislative body of a municipality on or after the sooner of March 1 or the effective date of this chapter.

(2) This chapter does not: (a) invalidate any contract entered into by a municipality before the sooner of March 1 or the effective date of this chapter: (i) for the design, construction, equipping, operation, or maintenance of facilities used or to be used by the municipality, or by a private provider under a contract with the municipality for the purpose of providing: (A) cable television services; or (B) public telecommunications services; (ii) with a private provider for the use of the facilities described in Subsection (2)(a)(i) in connection with the private provider offering: (A) cable television services; or (B) public telecommunications services; (iii) with a subscriber for providing: (A) a cable television service; or (B) a public telecommunications service; or (iv) to obtain or secure financing for the acquisition or operation of the municipality's facilities or equipment used in connection with providing: (A) a cable television service; or (B) a public telecommunications service; or (b) impair any security interest granted by a municipality as collateral for the municipality's obligations under a contract described in Subsection (2)(a).

(a) invalidate any contract entered into by a municipality before the sooner of March 1 or the effective date of this chapter: (i) for the design, construction, equipping, operation, or maintenance of facilities used or to be used by the municipality, or by a private provider under a contract with the municipality for the purpose of providing: (A) cable television services; or (B) public telecommunications services; (ii) with a private provider for the use of the facilities described in Subsection (2)(a)(i) in connection with the private provider offering: (A) cable television services; or (B) public telecommunications services; (iii) with a subscriber for providing: (A) a cable television service; or (B) a public telecommunications service; or (iv) to obtain or secure financing for the acquisition or operation of the municipality's facilities or equipment used in connection with providing: (A) a cable television service; or (B) a public telecommunications service; or

(i) for the design, construction, equipping, operation, or maintenance of facilities used or to be used by the municipality, or by a private provider under a contract with the municipality for the purpose of providing: (A) cable television services; or (B) public telecommunications services;

(A) cable television services; or

(B) public telecommunications services;

(ii) with a private provider for the use of the facilities described in Subsection (2)(a)(i) in connection with the private provider offering: (A) cable television services; or (B) public telecommunications services;

(A) cable television services; or

(B) public telecommunications services;

(iii) with a subscriber for providing: (A) a cable television service; or (B) a public telecommunications service; or

(A) a cable television service; or

(B) a public telecommunications service; or

(iv) to obtain or secure financing for the acquisition or operation of the municipality's facilities or equipment used in connection with providing: (A) a cable television service; or (B) a public telecommunications service; or

(A) a cable television service; or

(B) a public telecommunications service; or

(b) impair any security interest granted by a municipality as collateral for the municipality's obligations under a contract described in Subsection (2)(a).

(3) (a) A municipality meeting the one or more of the following conditions is exempt from this chapter as provided in Subsection (3)(b): (i) a municipality that adopts or enacts a bond resolution on or before January 1, 2001, to fund facilities or equipment that the municipality uses to provide: (A) cable television services; or (B) public telecommunications services; or (ii) a municipality that has operated for at least three years consecutively before the sooner of March 1 or the effective date of this chapter: (A) a cable television service; or (B) a public telecommunications service. (b) A municipality described in Subsection (3)(a) is exempt from this chapter except for: (i) Subsection 10-18-303(4); (ii) Subsection 10-18-303(7); (iii) Subsection 10-18-303(9); (iv) Section 10-18-304; and (v) Section 10-18-305.

(a) A municipality meeting the one or more of the following conditions is exempt from this chapter as provided in Subsection (3)(b): (i) a municipality that adopts or enacts a bond resolution on or before January 1, 2001, to fund facilities or equipment that the municipality uses to provide: (A) cable television services; or (B) public telecommunications services; or (ii) a municipality that has operated for at least three years consecutively before the sooner of March 1 or the effective date of this chapter: (A) a cable television service; or (B) a public telecommunications service.

(i) a municipality that adopts or enacts a bond resolution on or before January 1, 2001, to fund facilities or equipment that the municipality uses to provide: (A) cable television services; or (B) public telecommunications services; or

(A) cable television services; or

(B) public telecommunications services; or

(ii) a municipality that has operated for at least three years consecutively before the sooner of March 1 or the effective date of this chapter: (A) a cable television service; or (B) a public telecommunications service.

(A) a cable television service; or

(B) a public telecommunications service.

(b) A municipality described in Subsection (3)(a) is exempt from this chapter except for: (i) Subsection 10-18-303(4); (ii) Subsection 10-18-303(7); (iii) Subsection 10-18-303(9); (iv) Section 10-18-304; and (v) Section 10-18-305.

(i) Subsection 10-18-303(4);

(ii) Subsection 10-18-303(7);

(iii) Subsection 10-18-303(9);

(iv) Section 10-18-304; and

(v) Section 10-18-305.

(4) For the time period beginning on the effective date of this chapter and ending on December 31, 2001, a municipality that operated a cable television service as of January 1, 2001, is exempt from Subsection 10-18-301(1)(d).

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 104 - Application to existing contracts.