- (1) Before a person that is or is likely to have a substantial interest affected by a municipality's violation of this chapter may file an action in district court for violation of this chapter, that person shall file a written complaint with the municipality in accordance with this section.
(2)
(a) A municipality that provides a broadband service, a cable television service, or a public telecommunications service shall enact an ordinance establishing a procedure for the filing and resolution of complaints relating to the municipality providing:
- (i) a broadband service;
- (ii) a cable television service; or
- (iii) a public telecommunications service.
(b) The procedure described in Subsection (2)(a) shall:
(i) permit any person described in Subsection (1) to file a complaint including:
- (A) an individual subscriber; or
- (B) a private provider that competes with the municipality in the geographic boundaries of the municipality;
(ii) establish an expedited process that requires, within 45 days after the date the complaint is filed, the municipality to:
- (A) hold a hearing on the complaint, unless the parties to the proceeding waive the requirement of a hearing; and
- (B) issue a final decision on the complaint; and
- (iii) provide that failure to render a decision within the time required shall be treated as an adverse decision for purposes of appeal.
- (3) Appeal of an adverse decision from the municipality may be taken to the district court for a de novo proceeding.
Amended by Chapter 45, 2025 General Session