10-18-202 - Required steps before a municipality may provide cable television or public telecommunications services.
10-18-202. Required steps before a municipality may provide cable television orpublic telecommunications services.
Before a municipality may engage or offer to engage in an activity described inSubsection 10-18-201(1), the legislative body of the municipality shall:
(1) hold a preliminary public hearing;
(2) if the legislative body elects to proceed after holding the preliminary public hearingrequired by Subsection (1), approve the hiring of a feasibility consultant to conduct a feasibilitystudy in accordance with Section 10-18-203;
(3) determine whether under the feasibility study conducted under Section 10-18-203, theaverage annual revenues under Subsection 10-18-203(2)(f) exceed the average annual costs underSubsection 10-18-203(2)(e) by at least the amount necessary to meet the bond obligations of anybonds issued to fund the proposed cable television services or public telecommunicationsservices:
(a) based on the feasibility study's analysis:
(i) for the first year of the study; and
(ii) the five-year projection; and
(b) separately stated with respect to:
(i) the proposed cable television services; or
(ii) the proposed public telecommunications services;
(4) if the conditions of Subsection (3) are met, hold the public hearings required bySection 10-18-203; and
(5) after holding the public hearings required by Section 10-18-203, if the legislativebody of the municipality elects to proceed, adopt by resolution the feasibility study.
Enacted by Chapter 83, 2001 General Session