reglab/statecodes huggingface dataset:
2023 Utah Code › Title 54 - Public Utilities › Chapter 8 - Utah Underground Conversion of Utilities Law › Section 23 - Objection to amount of assessment -- Civil action -- Litigation to question or attack proceedings or legality of bonds -- Notice.

Effective 5/3/2023
54-8-23.
Objection to amount of assessment -- Civil action -- Litigation to question or attack proceedings or legality of bonds -- Notice.
(1) No special assessment levied under this chapter shall be declared void, nor shall any such assessment or part thereof be set aside in consequence of any error or irregularity permitted or appearing in any of the proceedings under this chapter, but any party feeling aggrieved by any such special assessment or proceeding may bring a civil action to cause such grievance to be adjudicated if such action is commenced prior to the expiration of the period specified in this section.
(2) The burden of proof to show that such special assessment or part thereof is invalid, inequitable or unjust shall rest upon the party who brings such suit.
(3) Any such litigation shall not be regarded as an appeal within the meaning of the prohibition contained in Section 54-8-18.
(4) Every person whose property is subject to such special assessment and who fails to appear during the public hearings on said assessments to raise his objection to such tax shall be deemed to have waived all objections to such levy except the objection that the governing body lacks jurisdiction to levy such tax.
(5) For a period of 20 days after the governing body has adopted the enactment authorizing the assessment, any taxpayer in the district shall have the right to institute litigation for the purpose of questioning or attacking the proceedings pursuant to which the assessments have been authorized subject to the provisions of the preceding paragraph.
(6) Whenever any enactment authorizing the issuance of any bonds pursuant to the improvement contemplated shall have been adopted such resolution shall be provided for the district, as a class A notice under Section 63G-30-102, for 20 days.
(7) For a period of 20 days thereafter, any person whose property shall have been assessed and any taxpayer in the district shall have the right to institute litigation for the purpose of questioning or attacking the legality of such bonds.
(8) After the expiration of such 20-day period, all proceedings theretofore had by the governing body, the bonds to be issued pursuant thereto, and the special assessments from which such bonds are to be paid, shall become incontestable, and no suit attacking or questioning the legality thereof may be instituted in this state, and no court shall have the authority to inquire into such matters.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8 - Utah Underground Conversion of Utilities Law › Section 24 - Payment to utilities -- Allowable costs.

54-8-24.
Payment to utilities -- Allowable costs.
(1) In determining the conversion costs included in the costs and feasibility report required by Section 54-8-7, the public utility corporations shall be entitled to amounts sufficient to repay them for the following, as computed and reflected by the uniform system of accounts approved by the Public Service Commission, Federal Communications Commission, or Federal Power Commission:
(a) the original costs less depreciation taken of the existing overhead electric and communication facilities to be removed;
(b) the estimated costs of removing such overhead electric and communication facilities, less the salvage value of the facilities removed;
(c) if the estimated cost of constructing underground facilities exceeds the original cost of existing overhead electric and communication facilities, then the cost difference between the two; and
(d) the cost of obtaining new easements when technical considerations make it reasonably necessary to utilize easements for the underground facilities different from those used for aboveground facilities, or where the pre-existing easements are insufficient for the underground facilities.
(2) Notwithstanding Subsection (1), if conversion costs are included in tariffs, rules, or regulations filed with or promulgated by the Public Service Commission such conversion costs shall be the costs included in the costs and feasibility report.
Amended by Chapter 306, 2007 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8 - Utah Underground Conversion of Utilities Law › Section 25 - Utilities responsible for work -- May subcontract -- Title to converted facilities retained.

54-8-25.
Utilities responsible for work -- May subcontract -- Title to converted facilities retained.
(1) The utility concerned:
(a) shall be responsible for the accomplishment of all construction work to the point of delivery; and
(b) may contract out any part of the construction work as it considers desirable.
(2) Title to the converted facilities shall be at all times solely and exclusively vested in the public utility corporations involved.
(3) The public body, improvement district, or the public generally will not own the facilities at any time and the public is purchasing only the intangible benefits which come from converted facilities, that is the removal of the overhead facilities and replacement by underground facilities.
Amended by Chapter 369, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8 - Utah Underground Conversion of Utilities Law › Section 26 - Notice that service from underground facilities is available -- Consequences of failure to convert overhead facilities.

54-8-26.
Notice that service from underground facilities is available -- Consequences of failure to convert overhead facilities.
(1)
(a) If service from the underground public utility is to be made available to all or part of an improvement district area, the governing body of the county or municipality that created the district shall mail a notice to each owner of real property served from existing overhead facilities stating that:
(i) conversion of all facilities owned within the improvement district by a public utility from overhead to underground to the point of delivery is proceeding;
(ii) the property owner is responsible for the changes in the service entrance equipment located on the property to accommodate the conversion of the applicable public utility's facilities from overhead to underground at the point of delivery; and
(iii) each owner shall coordinate with the applicable public utility to make the conversion from overhead to underground service.
(b) In addition to improvement district assessments, the property owner shall bear the expense of the conversion from overhead to underground described in Subsections (1)(a)(ii) and (iii).
(c) Each conversion of overhead facilities to underground facilities shall comply with all applicable state and local laws, ordinances, rules, and regulations, and with all tariffs of the applicable public utility.
(d) The public utility or its contractor shall perform the necessary construction to the point of delivery, unless the public utility authorizes another to perform the construction.
(2)
(a) Failure to have the property owner's service entrance equipment described in Subsection (1)(a)(ii) converted to accommodate underground service within the time that the governing body specifies in writing shall be considered as the property owner's consent to and grant of a construction easement to the county or municipality and as express authority to the county or municipality to arrange for qualified persons to enter upon the lot or parcel for the purpose of making the required changes.
(b) A construction easement under Subsection (2)(a) terminates upon completion of the conversion of overhead facilities to underground.
(3) If the county or municipality arranges for the conversion of the service entrance equipment, all county, municipal, and public utility costs and expenses of the conversion, including the engineering, legal, advertising, and incidental expenses, shall be assessed against the property upon which the service entrance equipment was converted and become a lien upon the property served.
Amended by Chapter 369, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8 - Utah Underground Conversion of Utilities Law › Section 27 - Bill for conversion costs -- Not to exceed estimate -- Payment within 30 days -- Accounting procedures.

54-8-27.
Bill for conversion costs -- Not to exceed estimate -- Payment within 30 days -- Accounting procedures.
Upon completion of the conversion contemplated by this chapter, the public utility corporation shall present the governing body with its verified bill for conversion costs as computed pursuant to Section 54-8-24 but based upon the actual cost of constructing the underground facility rather than the estimated cost of the facility. In no event shall the bill for conversion cost presented by the public utility corporation exceed the amount of estimated conversion costs by the public utility corporation. In the event the conversion costs are less than the estimated conversion costs, each owner within the improvement district shall receive the benefit, prorated in such form and at such time or times as the governing body may determine. The bill of the public utility corporation shall be paid within 30 days by the governing body from the improvement district funds. In determining the actual cost of constructing the underground facility the public utility shall use its standard accounting procedures, such as the Uniform System of Accounts as defined by the Federal Communications Commission or the Federal Power Commission and as is in use at the time of the conversion by the public utility involved.
Enacted by Chapter 157, 1969 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8 - Utah Underground Conversion of Utilities Law › Section 28 - Additional overhead facilities prohibited -- Exception.

54-8-28.
Additional overhead facilities prohibited -- Exception.
Once removed, no overhead electric or communication facilities shall be installed within the boundary of a local improvement district for conversion of overhead electric and communication facilities in nominal voltages of less than 35,000 volts.
Enacted by Chapter 157, 1969 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8 - Utah Underground Conversion of Utilities Law › Section 29 - Jurisdiction over public utilities.

54-8-29.
Jurisdiction over public utilities.
Nothing contained in this chapter shall vest any jurisdiction over public utilities in the governing bodies. The Public Service Commission of Utah shall retain all jurisdiction now or hereafter conferred upon it by law.
Enacted by Chapter 157, 1969 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8 - Utah Underground Conversion of Utilities Law › Section 30 - Commencement of conversion -- When required.

54-8-30.
Commencement of conversion -- When required.
If an improvement district is established pursuant to this chapter, the public utility corporations involved shall not be required to commence conversion until the ordinance, the assessment roll and issuance of bonds have become final and no civil action has been filed or if civil action has been filed, until the decision of the court upon the action has become final and is not subject to further appeal.
Enacted by Chapter 157, 1969 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8a - Damage to Underground Utility Facilities › Section 3 - Information filed with county clerk.

54-8a-3.
Information filed with county clerk.
(1) An operator shall file with the county clerk of a county in which the operator has an underground facility the following:
(a) the name of each municipality, city, or town in which the operator has an underground facility within that county;
(b) the operator's name;
(c) the title, telephone number, and address of the operator's representative designated to receive calls regarding excavation; and
(d) a statement concerning whether the operator is a member of an association and, if the operator is a member of an association, the name of and contact information for the association.
(2) In a county where an association is established, the association shall file its telephone number and a list of its members who are operators with the county clerk on behalf of any participating operator.
Amended by Chapter 344, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8a - Damage to Underground Utility Facilities › Section 3.5 - Excavation-related information included with construction and building permit.

54-8a-3.5.
Excavation-related information included with construction and building permit.
An entity issuing a permit for building or construction that may require excavation may, and is encouraged to, include a notice on or with a permit stating, "Attention, Utah law requires any excavator to notify the owner of underground facilities 48 hours before excavating and comply with Utah Code Title 54, Chapter 8a, Damage to Underground Utility Facilities."
Enacted by Chapter 344, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8a - Damage to Underground Utility Facilities › Section 5.5 - Determining the precise location of marked underground facilities.

54-8a-5.5.
Determining the precise location of marked underground facilities.
(1) An excavator may not use any power-operated or power-driven excavating or boring equipment within 24 inches of the markings made in accordance with Section 54-8a-5 unless:
(a) the excavator determines the exact location of the underground facility by excavating with hand tools to confirm that the excavation will not damage the underground facilities; or
(b) the operator provides an excavator with written or electronic notice waiving the requirement that the excavator determine the exact location of the underground facilities by excavating with hand tools.
(2) Power-operated or power-driven excavating or boring equipment may be used for the removal of any existing pavement if there is no underground facility contained in the pavement, as marked by the operator.
Amended by Chapter 426, 2011 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8a - Damage to Underground Utility Facilities › Section 6 - Duties and liabilities of an excavator.

54-8a-6.
Duties and liabilities of an excavator.
(1) Damage to an underground facility by an excavator who excavates but fails to comply with Section 54-8a-4, is prima facie evidence that the excavator is liable for any damage caused by the negligence of that excavator.
(2)
(a) An excavator is not liable for a civil penalty under this chapter if the excavator has:
(i) given proper notice of the proposed excavation as required in this chapter;
(ii) marked the area of the proposed excavation as required in Section 54-8a-4;
(iii) complied with Section 54-8a-5.5; and
(iv) complied with Section 54-8a-7.
(b) An excavator is liable for damage incurred by an operator if:
(i) the operator complies with Section 54-8a-5; and
(ii) the damage occurs within 24 inches of the operator's markings or the physical presence of an above ground facility, including a manhole, meter, or junction box.
Amended by Chapter 426, 2011 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8a - Damage to Underground Utility Facilities › Section 7 - Notice of damage -- Repairs.

54-8a-7.
Notice of damage -- Repairs.
(1) If an excavator contacts or damages an underground facility, the excavator shall:
(a) immediately notify the appropriate operator and then proceed in a manner that is reasonably calculated to avoid further damage to the underground facility; and
(b) immediately call 911 if the excavation may result in an immediate risk to human life.
(2) Upon receipt of notice, the operator shall immediately examine the underground facility, and, if necessary, make repairs.
Amended by Chapter 344, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8a - Damage to Underground Utility Facilities › Section 7.5 - Third-party damages caused by failure to locate.

54-8a-7.5.
Third-party damages caused by failure to locate.
(1) If an operator fails to locate a facility as required by this chapter and an excavator damages another operator's facility of a similar size and appearance that fits surface markings as required by Subsection 54-8a-5(1)(b), the operator who failed to locate its facility is liable for the costs of damage to the facility caused by the excavator if:
(a) the excavator complies with Sections 54-8a-4, 54-8a-5.5, and 54-8a-6; and
(b) the excavator demonstrates that the damage is the direct result of the operator's failure to locate its facility.
(2) An excavator who damages a third-party operator's facility as described in Subsection (1):
(a) shall pay for the costs of repairing the damaged facility; and
(b) may seek recovery of the costs of damage from the operator who failed to mark its facility.
(3) Resolution of a dispute under this section may be in accordance with Section 54-8a-13.
Enacted by Chapter 426, 2011 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8a - Damage to Underground Utility Facilities › Section 8 - Civil penalty for damage -- Exceptions -- Other remedies.

54-8a-8.
Civil penalty for damage -- Exceptions -- Other remedies.
(1) A civil penalty may be imposed for a violation of this chapter as provided in this section.
(2) A civil penalty under this section may be imposed on:
(a) any person who violates this chapter in an amount no greater than $5,000 for each violation with a maximum civil penalty of $100,000 per excavation; or
(b) an excavator who fails to provide notice of an excavation in accordance with Section 54-8a-4 in an amount no greater than $500 in addition to the amount under Subsection (2)(a).
(3) Notwithstanding Subsection (2)(a), a penalty under this chapter may not be imposed on an excavator or operator unless the excavator or operator fails to comply with this chapter and damages an underground facility.
(4) The amount of a civil penalty under this section shall be made taking into consideration the following:
(a) the excavator's or operator's history of any prior violation or penalty;
(b) the seriousness of the violation;
(c) any discharge or pollution resulting from the damage;
(d) the hazard to the health or safety of the public;
(e) the degree of culpability and willfulness of the violation;
(f) any good faith of the excavator or operator; and
(g) any other factor considered relevant, including the number of past excavations conducted by the excavator, the number of location requests made by the excavator and the number of location markings made for the excavator or by the operator.
(5) "Good faith," as used in Subsection (4)(f), includes actions taken before the filing of an action for civil penalty under this section to:
(a) remedy, in whole or in part, a violation of this chapter; or
(b) mitigate the consequences and damages resulting from a violation of this chapter.
(6)
(a) A civil penalty may not be imposed on an excavator if the damage to an underground facility results from an operator's:
(i) failure to mark; or
(ii) inaccurate marking or locating of the operator's underground facilities.
(b) In addition to or in lieu of part of or all of a civil penalty, the excavator or operator may be required to undertake actions that are designed to prevent future violations of this chapter, including attending safety and compliance training, improving internal monitoring and compliance processes and procedures, or any other action that may result in compliance with this chapter.
(7) Subsection (1) does not apply to an excavation made:
(a) during an emergency, if reasonable precautions are taken to protect any underground facility;
(b) in agricultural operations;
(c) for the purpose of finding or extracting natural resources; or
(d) with hand tools on property owned or occupied by the excavator.
(8)
(a) A civil penalty under this section is in addition to any damages that an operator or an excavator may seek to recover.
(b) In an action brought under this section, the prevailing party shall be awarded its costs and attorney fees as determined by the court.
Amended by Chapter 426, 2011 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8a - Damage to Underground Utility Facilities › Section 9 - Association for mutual receipt of notice of excavation activities.

54-8a-9.
Association for mutual receipt of notice of excavation activities.
(1)
(a)
(i) Two or more operators may form and operate a statewide association providing for mutual receipt of notice of excavation activities.
(ii) If an association is operational, notice to the association shall be given pursuant to Section 54-8a-4.
(b)
(i) If an association is formed, each operator with an underground facility in the area shall become a member of the association and participate in it to:
(A) receive a notice of a proposed excavation submitted to the association;
(B) receive the services furnished by it; and
(C) pay its share of the cost for the service furnished.
(ii) If an operator does not comply with Subsection (1)(b)(i) and Section 54-8a-5, the operator is liable for damages incurred by an excavator who complies with this chapter's requirements.
(c) An association whose members or participants have underground facilities within a county shall:
(i) file a description of the geographical area served by the association; and
(ii) file the name and address of every member and participating operator with the county clerk.
(2) An association receiving notice as provided in Subsection 54-8a-4(1) shall:
(a) notify members and participants in the relevant geographic area within 24 hours after receiving notice from the person who proposes to excavate; and
(b) maintain a record of any notice received for a period of five years to document compliance with the requirements of this chapter.
(3) An association contacted by a public agency to identify a utility company, in accordance with Section 54-3-29, shall provide the public agency with a list, including contact information to the extent available, of each utility company of which the association is aware that has a utility facility within the area identified by the public agency.
Amended by Chapter 272, 2010 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8a - Damage to Underground Utility Facilities › Section 10 - Installation of nonmetallic facilities.

54-8a-10.
Installation of nonmetallic facilities.
Any operator installing a nonmetallic facility, such as a sewer, water, or fiber optic line, shall install the nonmetallic facility so that it can be located with standard underground facility detection devices or in a concrete conduit system.
Amended by Chapter 344, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8a - Damage to Underground Utility Facilities › Section 10.5 - Installation and location of sewer lateral cleanouts -- Records.

54-8a-10.5.
Installation and location of sewer lateral cleanouts -- Records.
(1)
(a) An operator or person installing or replacing a sewer lateral cleanout beginning August 1, 2009 shall install or replace the sewer lateral cleanout in a manner so that the lateral can be located, including:
(i) house sheets; or
(ii) electronic markers.
(b) An operator or person installing a sewer lateral cleanout shall notify the sewer operator of the sewer lateral cleanout location for record keeping purposes.
(2) Beginning on August 1, 2009, a sewer operator shall maintain records identifying where all new, replaced, or contractor-identified sewer lateral cleanouts are located within the sewer operator's jurisdiction.
(3)
(a) A sewer operator shall provide to an excavator information in the sewer operator's possession pertaining to a sewer lateral cleanout location within the sewer operator's jurisdiction.
(b) The sewer operator shall provide the information within 48 hours of the excavator's request.
Enacted by Chapter 209, 2009 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8a - Damage to Underground Utility Facilities › Section 11 - Applicability of federal law.

54-8a-11.
Applicability of federal law.
The following persons or entities are subject to the provisions of Title 49, Code of Federal Regulations, Part 198, Regulations for Grants to Aid State Pipeline Safety Programs, including those provisions relating to damage to underground facilities:
(1) an operator, to the extent subject to the Pipeline Safety Improvement Act of 2002, 49 U.S.C. 60101 et seq.;
(2) an excavator; and
(3) a person who operates an association.
Amended by Chapter 340, 2011 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8a - Damage to Underground Utility Facilities › Section 12 - Enforcement -- Attorney general.

54-8a-12.
Enforcement -- Attorney general.
(1)
(a) The attorney general may bring an action in the district court located in the county in which the excavation is located to enforce this chapter.
(b) The right of any person to bring a civil action for damage arising from an excavator's or operator's actions or conduct relating to underground facilities is not affected by:
(i) a proceeding commenced by the attorney general under this chapter; or
(ii) the imposition of a civil penalty under this chapter.
(c) If the attorney general does not bring an action under Subsection (1)(a), the operator or excavator may pursue any remedy, including a civil penalty.
(2) Any civil penalty imposed and collected under this chapter shall be deposited into the General Fund.
Enacted by Chapter 344, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8a - Damage to Underground Utility Facilities › Section 13 - Underground Facilities Damage Dispute Board -- Arbitration -- Relationship with Public Service Commission.

54-8a-13.
Underground Facilities Damage Dispute Board -- Arbitration -- Relationship with Public Service Commission.
(1) There is created within the commission the Underground Facilities Damage Dispute Board to arbitrate a dispute arising from:
(a) an operator's or excavator's violation of this chapter; and
(b) damage caused by excavation during an emergency.
(2) The board consists of five members appointed by the governor as follows:
(a) one member from a list of names provided to the governor by a group representing operators;
(b) one member from a list of names provided to the governor by the Associated General Contractors;
(c) one member from a list of names provided to the governor by Blue Stakes of Utah;
(d) one member from a list of names provided to the governor by the Utah Home Builders Association; and
(e) one member from the Division of Public Utilities.
(3)
(a) A member of the board:
(i) shall be appointed for a three-year term; and
(ii) may continue to serve until the member's successor takes office.
(b) At the time of appointment, the governor shall stagger the terms of the members to ensure that approximately 1/3 of the members of the board are reappointed each year.
(c) A vacancy in the board shall be filled:
(i) for the unexpired term; and
(ii) in the same manner as the board member is initially appointed.
(d) The board shall select an alternate for a specific board member to serve on a specific case if it becomes necessary to replace a member who has a conflict of interest because a dispute involves that member or that member's employer.
(4) Three members of the board constitute a quorum.
(5) The board may, upon agreement of the disputing parties, arbitrate a dispute regarding damages, not including personal injury damages, arising between:
(a) an operator;
(b) an excavator;
(c) a property owner; or
(d) any other interested party.
(6) At least four members of the board shall be present and vote on an arbitration decision.
(7) An arbitration before the board shall be consistent with Title 78B, Chapter 11, Utah Uniform Arbitration Act.
(8) The prevailing party in an arbitration conducted under this section shall be awarded its costs and attorney fees in an amount determined by the board.
(9) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(10) The commission shall provide administrative support to the board.
Amended by Chapter 286, 2010 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8b - Public Telecommunications Law › Section 1.1 - Legislative policy declarations.

54-8b-1.1.
Legislative policy declarations.
The Legislature declares it is the policy of the state to:
(1) endeavor to achieve the universal service objectives of the state as set forth in Section 54-8b-11;
(2) facilitate access to high quality, affordable public telecommunications services to all residents and businesses in the state;
(3) encourage the development of competition as a means of providing wider customer choices for public telecommunications services throughout the state;
(4) allow flexible and reduced regulation for telecommunications corporations and public telecommunications services as competition develops;
(5) facilitate and promote the efficient development and deployment of an advanced telecommunications infrastructure, including networks with nondiscriminatory prices, terms, and conditions of interconnection;
(6) encourage competition by facilitating the sale of essential telecommunications facilities and services on a reasonably unbundled basis;
(7) seek to prevent prices for tariffed public telecommunications services or price-regulated services from subsidizing the competitive activities of regulated telecommunications corporations;
(8) encourage new technologies and modify regulatory policy to allow greater competition in the telecommunications industry;
(9) enhance the general welfare and encourage the growth of the economy of the state through increased competition in the telecommunications industry; and
(10) endeavor to protect customers who do not have competitive choice.
Enacted by Chapter 269, 1995 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8b - Public Telecommunications Law › Section 3 - Exemptions from requirements.

Effective 5/9/2017
54-8b-3.
Exemptions from requirements.
(1)
(a) The commission, on its own initiative or in response to an application by a telecommunications corporation, a public agency, or a user of a public telecommunications service, may, after public notice and a hearing, issue an order exempting any telecommunications corporation or public telecommunications service from any requirement of this title, including any requirement or limitation relating to a telecommunication corporation's earnings, rate base, or pricing of public telecommunications services.
(b) The commission may issue an order described in Subsection (1)(a), after an informal adjudication, without a hearing if:
(i) the matter is not a proceeding described in Subsection 54-1-3(2)(a);
(ii) a party to an application submitted under Subsection (1)(a) requests an informal adjudication; and
(iii) no person opposes the request for informal adjudication before 10 business days after the day on which the party files the request.
(2) The commission shall specify in the order any requirements, terms, or conditions which may apply to any exemption.
(3) An exemption may be granted for the entire service territory of a telecommunications corporation or for a specific geographic area of the service territory.
(4) The commission may issue an order for an exemption only if it finds that:
(a) the telecommunications corporation or service is subject to effective competition; and
(b) the exemption is in the public interest.
(5) In determining if the telecommunications corporation or service is subject to effective competition, the commission shall consider all relevant factors, which may include:
(a) the extent to which competing telecommunications services are available from alternative telecommunications providers;
(b) the ability of alternative telecommunications providers to offer competing telecommunications services that are functionally equivalent or substitutable and reasonably available at comparable prices, terms, quality, and conditions;
(c) the market share of the telecommunications corporation for which an exemption is proposed;
(d) the extent of economic or regulatory barriers to entry;
(e) the impact of potential competition; and
(f) the type and degree of exemptions to this title that are proposed.
(6) In determining if the proposed exemption is in the public interest, the commission shall consider, in addition to other relevant factors, the impact the proposed exemption would have on captive customers of the telecommunications corporation.
(7)
(a) The commission shall approve or deny any application for exemption under this section within 240 days, except that the commission may by order defer action for an additional 30-day period.
(b) If the commission has not acted on any application within the permitted time period, the application is considered granted.
Amended by Chapter 130, 2017 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8b - Public Telecommunications Law › Section 3.4 - Exemption from merger and acquisition approval by commission.

Effective 5/14/2019
54-8b-3.4.
Exemption from merger and acquisition approval by commission.
(1)
(a) Except as provided in Subsection (2), a telecommunications corporation is exempt from the requirements of Sections 54-4-28, 54-4-29, and 54-4-30 if the telecommunications corporation is:
(i) a competitive entrant pursuant to Section 54-8b-2.1; or
(ii) an incumbent telecommunications corporation that has pricing flexibility pursuant to Section 54-8b-2.3.
(b) A telecommunications corporation that is exempt under Subsection (1) shall notify the commission in writing prior to the conclusion of any transaction that would otherwise be subject to Section 54-4-28, 54-4-29, or 54-4-30.
(2) The exemption described in Subsection (1) does not apply if the telecommunications corporation receives high cost support from the Universal Public Telecommunications Support Fund established in Section 54-8b-15, other than a one-time distribution described in Section 54-8b-15.
Enacted by Chapter 85, 2019 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8b - Public Telecommunications Law › Section 6 - Prohibition on subsidization of telecommunications services.

54-8b-6.
Prohibition on subsidization of telecommunications services.
A telecommunications corporation providing intrastate public telecommunications services may not subsidize its intrastate telecommunications services which are exempted from regulation or offered pursuant to a price list or competitive contract under authority of this chapter with proceeds from its other intrastate telecommunications services not so exempted or made subject to a price list or competitive contract. Similarly, proceeds from intrastate telecommunications services which are exempted from regulation or offered pursuant to a price list or competitive contract as authorized by this chapter may not subsidize other intrastate telecommunications services not so exempted or made subject to a price list or competitive contract.
Amended by Chapter 269, 1995 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8b - Public Telecommunications Law › Section 7 - Continuous jurisdiction of commission -- Orders.

54-8b-7.
Continuous jurisdiction of commission -- Orders.
The commission shall retain continuous jurisdiction over every telecommunications corporation or public telecommunications service exempted under this chapter and may exercise any statutory grant of power pertaining thereto, including the power to revoke or modify any order approving an exemption from regulation. The commission may, after notice and hearing, revoke or modify an order approving exemption, if after considering the factors in Subsection 54-8b-3(5), the commission finds such modification or revocation to be in the public interest.
Amended by Chapter 30, 1992 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8b - Public Telecommunications Law › Section 8 - Antitrust and restraint of trade laws not affected by chapter.

54-8b-8.
Antitrust and restraint of trade laws not affected by chapter.
Nothing in this chapter shall in any way preempt, modify, exempt, abrogate, or otherwise affect any right, cause of action, liability, duty, or obligation arising from any federal, state, or local law governing unfair business practices or antitrust, restraint of trade, or other anti-competitive activity.
Enacted by Chapter 257, 1985 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8b - Public Telecommunications Law › Section 9 - Commission's jurisdiction under other provisions of title not enlarged or reduced by chapter.

54-8b-9.
Commission's jurisdiction under other provisions of title not enlarged or reduced by chapter.
(1) Nothing in this chapter shall be construed to enlarge or reduce the commission's jurisdiction over the services and entities for which jurisdiction is provided or excluded by other provisions of this title.
(2) Nothing in this chapter shall be construed to enlarge the commission's jurisdiction over:
(a) providers of:
(i) cellular or wireless telecommunications services; or
(ii) the one-way transmission to subscribers of video programming and the subscriber interaction, if any, which is required for the selection of the video programming; or
(b) telecommunications companies classified as cooperatives.
(3) Nothing in this chapter shall diminish the commission's authority to regulate the quality of telecommunications services provided by telecommunications corporations.
Amended by Chapter 269, 1995 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8b - Public Telecommunications Law › Section 11 - Establishing just and reasonable rates.

54-8b-11.
Establishing just and reasonable rates.
In administering this title, the commission shall endeavor to make available high-quality, universal telecommunications services at just and reasonable rates for all classes of customers throughout this state.
Enacted by Chapter 96, 1989 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8b - Public Telecommunications Law › Section 13 - Rules governing operator assisted services.

54-8b-13.
Rules governing operator assisted services.
(1) The commission shall make rules to implement the following requirements pertaining to the provision of operator assisted services:
(a) Rates, surcharges, terms, or conditions for operator assisted services shall be provided to customers upon request without charge.
(b) A customer shall be made aware, prior to incurring any charges, of the identity of the operator service provider handling the operator assisted call by a form of signage placed on or near the telephone or by verbal identification by the operator service provider.
(c) Any contract between an operator service provider and an aggregator shall contain language which assures that any person making a telephone call on any telephone owned or controlled by the aggregator or operator service provider can access:
(i) where technically feasible, any other operator service provider operating in the relevant geographic area; and
(ii) the public safety emergency telephone numbers for the jurisdiction where the aggregator's telephone service is geographically located.
(d) No operator service provider shall transfer a call to another operator service provider unless that transfer is accomplished at, and billed from, the call's place of origin. If such a transfer is not technically possible, the operator service provider shall inform the caller that the call cannot be transferred as requested and that the caller should hang up and attempt to reach another operator service provider through the means provided by that other operator service provider.
(2)
(a) The Division of Public Utilities shall be responsible for enforcing any rule adopted by the commission under this section.
(b) If the Division of Public Utilities determines that any person, or any officer or employee of any person, is violating any rule adopted under this section, the division shall serve written notice upon the alleged violator which:
(i) specifies the violation;
(ii) alleges the facts constituting the violation; and
(iii) specifies the corrective action to be taken.
(c) After serving notice as required in Subsection (2)(b), the division may request the commission to issue an order to show cause. After a hearing, the commission may impose penalties and, if necessary, may request the attorney general to enforce the order in district court.
(3)
(a) Any person who violates any rule made under this section or fails to comply with any order issued pursuant to this section is subject to a penalty not to exceed $2,000 per violation.
(b) In the case of a continuing violation, each day that the violation continues constitutes a separate and distinct offense.
(4) A penalty assessment under this section does not relieve the person assessed from civil liability for claims arising out of any act which was a violation of any rule under this section.
Amended by Chapter 324, 2010 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8b - Public Telecommunications Law › Section 14 - Intrastate interexchange toll service prices.

54-8b-14.
Intrastate interexchange toll service prices.
(1) Prices for intrastate interexchange message toll services transmitted between two specific points shall be the same regardless of the point of origin.
(2) Subsection (1) applies only to services provided by telecommunications corporations subject to the jurisdiction of the commission.
Enacted by Chapter 269, 1995 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8b - Public Telecommunications Law › Section 16 - Public Service Commission authority to enforce interconnection service quality standards and interconnection agreements -- Grounds for filing complaint.

54-8b-16.
Public Service Commission authority to enforce interconnection service quality standards and interconnection agreements -- Grounds for filing complaint.
(1) For purposes of this section, "interconnection service quality standards" means specific, measurable criteria that shall be applied to a telecommunications corporation, including obligations pursuant to Section 251 of the Federal Telecommunications Act, regarding the telecommunications corporation's provision of or request for:
(a) interconnection services;
(b) services for resale;
(c) unbundled network elements; and
(d) access to operations support systems that support those services and elements.
(2) To serve the public interest and to enable the development and growth of competition within the telecommunications market in the state, the commission shall, by order when considered necessary by the commission, enforce:
(a) rules regarding interconnection service quality standards adopted by the commission under authority of this chapter;
(b) a commission approved interconnection agreement pursuant to Sections 251 and 252 of the Federal Telecommunications Act; and
(c) a statement of generally available terms under Section 252(f) of the Federal Telecommunications Act.
(3) An aggrieved party may file a complaint under Subsection 54-8b-2.2(1)(e) with the commission for a violation of:
(a) the terms of the commission's interconnection service quality rules;
(b) the terms or conditions of an interconnection agreement;
(c) a statement of generally available terms; or
(d) a telecommunications corporations' obligations under the Federal Telecommunications Act.
(4) In a proceeding described in Subsection (3), the commission shall have the power to enforce:
(a) the terms of the interconnection agreement;
(b) the commission's interconnection service quality rules;
(c) the statement of generally available terms; or
(d) the telecommunications corporation's obligations pursuant to the Federal Telecommunications Act.
Enacted by Chapter 96, 1998 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8c - High Voltage Overhead Lines › Section 1 - Definitions.

54-8c-1.
Definitions.
As used in this chapter:
(1) "Authorized person" means an employee or agent:
(a) of a public utility that:
(i) generates, transmits, or delivers electricity; or
(ii) provides and whose work relates to communication services;
(b) of an industrial plant whose work relates to the electrical system of the industrial plant;
(c) of a cable television or communication services company, or of a contractor of cable television or communication services company, if specifically and expressly authorized by the owner of the poles to make cable television or communication services attachments; or
(d) of a state, county, or municipal agency which has or whose work relates to:
(i) overhead electrical lines;
(ii) overhead lighting systems;
(iii) authorized overhead circuit construction;
(iv) conductors on poles; or
(v) structures of any type.
(2) "Business day" means any day other than Saturday, Sunday, or a legal holiday.
(3) "High voltage" means voltage in excess of 600 volts measured between:
(a) conductors; or
(b) a conductor and the ground.
(4) "Overhead line" means all bare or insulated electrical conductors installed above the ground.
(5) "Public utility" means any entity that generates, transmits, or distributes electrical energy, including any:
(a) public utility as defined in Title 54, Chapter 2, General Provisions;
(b) municipality as defined in Title 10, Utah Municipal Code;
(c) agricultural cooperative association as defined in Title 3, Uniform Agricultural Cooperative Association Act;
(d) improvement district as defined in Section 17B-1-102; or
(e) entity created pursuant to Title 11, Chapter 13, Interlocal Cooperation Act.
(6) "Responsible party" means any person who contracts to perform, is responsible for the performance of, or has control over, any function or activity at any location.
Amended by Chapter 329, 2007 General Session