(1) Nothing in this chapter authorizes any county or other political subdivision of this state other than a municipality to: (a) provide: (i) a broadband service; (ii) a cable television service; or (iii) a public telecommunications service; or (b) purchase, lease, construct, maintain, or operate a facility for the purpose of providing: (i) a broadband service; (ii) a cable television service; or (iii) a public telecommunications service. (2) Except as provided in Subsections (3) and (4), this chapter does not apply to a municipality purchasing, leasing, constructing, or equipping a facility: (a) that is designed to provide a service within the municipality; and (b) that the municipality: (i) uses for internal municipal government purposes; or (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: (A) a broadband service; (B) a cable television service; or (C) a public telecommunications service. (3) (a) As used in this Subsection (3), "municipal entity" means: (i) a municipality; or (ii) an entity created pursuant to an agreement: (A) under Title 11, Chapter 13, Interlocal Cooperation Act; and (B) to which a municipality is a party. (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: (i) a broadband service; (ii) a cable television service; or (iii) a public telecommunications service. (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: (i) Section 10-18-302; and (ii) Subsections 10-18-303(5) and (6). (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.
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