1. (1) Nothing in this chapter authorizes any county or other political subdivision of this state other than a municipality to:

   1. (a) provide:

      1. (i) a broadband service;
      2. (ii) a cable television service; or
      3. (iii) a public telecommunications service; or

   2. (b) purchase, lease, construct, maintain, or operate a facility for the purpose of providing:

      1. (i) a broadband service;
      2. (ii) a cable television service; or
      3. (iii) a public telecommunications service.

2. (2) Except as provided in Subsections (3) and (4), this chapter does not apply to a municipality purchasing, leasing, constructing, or equipping a facility:

   1. (a) that is designed to provide a service within the municipality; and

   2. (b) that the municipality:

      1. (i) uses for internal municipal government purposes; or

      2. (ii) by written contract, leases, sells capacity in, or grants other similar rights to a private provider to use the facility in connection with a private provider offering:

         1. (A) a broadband service;
         2. (B) a cable television service; or
         3. (C) a public telecommunications service.

3. (3)

   1. (a) As used in this Subsection (3), "municipal entity" means:

      1. (i) a municipality; or

      2. (ii) an entity created pursuant to an agreement:

         1. (A) under Title 11, Chapter 13, Interlocal Cooperation Act; and
         2. (B) to which a municipality is a party.

   2. (b) A municipal entity shall comply with Subsection (3)(c) if the municipal entity purchases, leases, constructs, or equips a facility that the municipal entity by written contract leases, sells capacity in, or grants other similar rights to a private provider to use the facility in connection with a private provider offering:

      1. (i) a broadband service;
      2. (ii) a cable television service; or
      3. (iii) a public telecommunications service.

   3. (c) A municipal entity described in Subsection (3)(b) shall, with respect to an action described in Subsection (3)(b), comply with the obligations imposed on a municipality pursuant to:

      1. (i) Section 10-18-302; and
      2. (ii) Subsections 10-18-303(5) and (6).
4. (4) A municipality described in Subsection (2) may call an election under Section 10-18-204 with respect to the provision of a communications service facility.

Amended by Chapter 45, 2025 General Session