(1) Except as provided in this chapter, a municipality may not:
(a) provide to one or more subscribers:
- (i) a broadband service;
- (ii) a cable television service; or
- (iii) a public telecommunications service; or
- (b) for the purpose of providing a broadband service, a cable television service, or a public telecommunications service to one or more subscribers, purchase, lease, construct, maintain, or operate any facility.
(2) For purposes of this chapter, a municipality provides a broadband service, cable television service, or public telecommunications service if the municipality provides the service:
(a) directly or indirectly, including through an authority or instrumentality:
- (i) acting on behalf of the municipality; or
- (ii) for the benefit of the municipality;
- (b) by itself;
(c) through:
- (i) an entity created pursuant to an agreement under Title 11, Chapter 13, Interlocal Cooperation Act, to which the municipality is a party;
- (ii) a partnership; or
- (iii) a joint venture; or
- (d) by contract, resale, or otherwise.
Amended by Chapter 45, 2025 General Session