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(1) Any tax or fee previously enacted by this municipality under authority of Utah Code Section 10-1-203 or Utah Code Title 11, Chapter 26, Local Taxation of Utilities Limitation is hereby repealed.

(2) Nothing in this Chapter shall be interpreted to repeal any municipal ordinance or fee which provides that the municipality may recover from a telecommunications provider the management costs of the municipality caused by the activities of the telecommunications provider in the rights-of-way of the municipality, if the fee is imposed in accordance with Utah Code Section 72-7-102 and is not related to the municipality’s loss of use of a highway as a result of the activities of the telecommunications provider in a right-of-way, or increased deterioration of a highway as a result of the activities of the telecommunications provider in a right-of-way. This Chapter does not limit the municipality’s right to charge fees or taxes on persons that are not subject to the municipal telecommunications license tax under this Chapter or the right to locate telecommunications facilities, as defined in Utah Code Section 72-7-108, in this municipality.

(Enacted 2004-10)