The lawsuit also accuses UTOPIA of attaching facilities to Qwest utility poles without permission and failing to follow safety standards, endangering Qwest service personnel and the general public.

Among the safety risks Qwest alleges are that UTOPIA has failed to meet minimum clearance standards for separation with existing power facilities, left poles in unsafe conditions that put Qwest technicians at risk and failed to protect poles' structural integrity, according to the lawsuit.

It also says UTOPIA has "negligently and repeatedly" cut Qwest cables during installations, resulting in service outages. The most recent example was a May outage in Murray that Qwest estimates could total $400,000 worth in damages.

The lawsuit asks for a declaration that UTOPIA has been abusing its position as a governmental agency and that it can no longer use that position to its own advantage or the advantage of its contractors.

It seeks an injunction stopping UTOPIA from violating safety standards and from using Qwest-owned poles without negotiating an agreement. It also asks for an unspecified amount of damages for the use of Qwest poles and the outages caused by UTOPIA installations, as well as attorneys' fees.

Pledging member cities of UTOPIA are Brigham City, Centerville, Layton, Lindon, Midvale, Murray, Orem, Payson, Perry, Tremonton and West Valley City. Non-pledging members are Cedar City, Cedar Hills and Riverton.

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E-mail: dsmeath@desnews.com