§ 10-18-306. Enforcement and appeal.

(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 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 cable television service; or

(ii) a public telecommunications service.

(b) The procedure required by 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:

(A) that a hearing be held, unless the parties to the proceeding waive the requirement of a hearing; and

(B) the issuance of a final decision; and

(iii) provide that failure to render a decision within the time allotted 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.

Enacted by Chapter 83, 2001 General Session