Section 202 - Powers of the authority.

UT Code § 63H-7a-202 (2019) (N/A)
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(1) The authority has the power to: (a) sue and be sued in the authority's own name; (b) have an official seal and power to alter that seal at will; (c) make and execute contracts and all other instruments necessary or convenient for the performance of the authority's duties and the exercise of the authority's powers and functions under this chapter, including contracts with public and private providers; (d) own, acquire, design, construct, operate, maintain, repair, and dispose of any portion of a public safety communications network utilizing technology that is fiscally prudent, upgradable, technologically advanced, redundant, and secure; (e) borrow money and incur indebtedness; (f) enter into agreements with public agencies, private entities, the state, and federal government to provide public safety communications network services on terms and conditions the authority considers to be in the best interest of the authority; (g) acquire, by gift, grant, purchase, or by exercise of eminent domain, any real property or personal property in connection with the acquisition and construction of a public safety communications network and all related facilities and rights-of-way that the authority owns, operates, and maintains; (h) except as provided in Subsection (3), sell public safety communications network capacity to a state agency, a political subdivision of the state, an agency of the federal government, or a private entity engaged in a public safety purpose, if the sale is: (i) for a public safety purpose; (ii) consistent with the authority's duties under this chapter; or (iii) pursuant to: (A) an agreement entered into by the authority before January 1, 2017; or (B) a renewal of an agreement described in Subsection (1)(h)(iii)(A); (i) review, approve, disapprove, or revise recommendations regarding the expenditure of funds disbursed by the authority under this chapter; and (j) perform all other duties authorized by this chapter.

(a) sue and be sued in the authority's own name;

(b) have an official seal and power to alter that seal at will;

(c) make and execute contracts and all other instruments necessary or convenient for the performance of the authority's duties and the exercise of the authority's powers and functions under this chapter, including contracts with public and private providers;

(d) own, acquire, design, construct, operate, maintain, repair, and dispose of any portion of a public safety communications network utilizing technology that is fiscally prudent, upgradable, technologically advanced, redundant, and secure;

(e) borrow money and incur indebtedness;

(f) enter into agreements with public agencies, private entities, the state, and federal government to provide public safety communications network services on terms and conditions the authority considers to be in the best interest of the authority;

(g) acquire, by gift, grant, purchase, or by exercise of eminent domain, any real property or personal property in connection with the acquisition and construction of a public safety communications network and all related facilities and rights-of-way that the authority owns, operates, and maintains;

(h) except as provided in Subsection (3), sell public safety communications network capacity to a state agency, a political subdivision of the state, an agency of the federal government, or a private entity engaged in a public safety purpose, if the sale is: (i) for a public safety purpose; (ii) consistent with the authority's duties under this chapter; or (iii) pursuant to: (A) an agreement entered into by the authority before January 1, 2017; or (B) a renewal of an agreement described in Subsection (1)(h)(iii)(A);

(i) for a public safety purpose;

(ii) consistent with the authority's duties under this chapter; or

(iii) pursuant to: (A) an agreement entered into by the authority before January 1, 2017; or (B) a renewal of an agreement described in Subsection (1)(h)(iii)(A);

(A) an agreement entered into by the authority before January 1, 2017; or

(B) a renewal of an agreement described in Subsection (1)(h)(iii)(A);

(i) review, approve, disapprove, or revise recommendations regarding the expenditure of funds disbursed by the authority under this chapter; and

(j) perform all other duties authorized by this chapter.

(2) The authority may not intentionally overbuild the public safety communications network for the purpose of competing with a public or private provider of a telecommunications service.

(3) Notwithstanding Subsection (1)(h), the authority may not sell public safety communications network capacity to any telecommunication carrier.