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GABELLI UTILITY TRUST

Regulatory Filings Nov 30, 2009

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N-Q 1 p16333nvq.htm N-Q nvq PAGEBREAK

UNITED STATES SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM N-Q

QUARTERLY SCHEDULE OF PORTFOLIO HOLDINGS OF REGISTERED MANAGEMENT INVESTMENT COMPANY

Investment Company Act file number 811-09243

The Gabelli Utility Trust

(Exact name of registrant as specified in charter)

One Corporate Center Rye, New York 10580-1422

(Address of principal executive offices) (Zip code)

Bruce N. Alpert Gabelli Funds, LLC One Corporate Center Rye, New York 10580-1422

(Name and address of agent for service)

Registrant’s telephone number, including area code: 1-800-422-3554

Date of fiscal year end: December 31

Date of reporting period: September 30, 2009

Form N-Q is to be used by management investment companies, other than small business investment companies registered on Form N-5 (§§ 239.24 and 274.5 of this chapter), to file reports with the Commission, not later than 60 days after the close of the first and third fiscal quarters, pursuant to rule 30b1-5 under the Investment Company Act of 1940 (17 CFR 270.30b1-5). The Commission may use the information provided on Form N-Q in its regulatory, disclosure review, inspection, and policymaking roles.

A registrant is required to disclose the information specified by Form N-Q, and the Commission will make this information public. A registrant is not required to respond to the collection of information contained in Form N-Q unless the Form displays a currently valid Office of Management and Budget (“OMB”) control number. Please direct comments concerning the accuracy of the information collection burden estimate and any suggestions for reducing the burden to the Secretary, Securities and Exchange Commission, 100 F Street, NE, Washington, DC 20549. The OMB has reviewed this collection of information under the clearance requirements of 44 U.S.C. § 3507.

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TOC /TOC link2 "Item 1. Schedule of Investments"

Item 1. Schedule of Investments.

The Schedule(s) of Investments is attached herewith.

The Gabelli Utility Trust

Third Quarter Report September 30, 2009

To Our Shareholders,

During the third quarter of 2009, The Gabelli Utility Trust’s (the “Fund”) total return was 15.6% on a net asset value (“NAV”) basis compared with the Standard & Poor’s (“S&P”) 500 Utilities Index and the Lipper Utility Fund Average of 6.2% and 9.6%, respectively.

Enclosed is the investment portfolio as of September 30, 2009.

Comparative Results

| Average Annual Returns
through September 30, 2009 (a) | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| | | | | | | | | | Since | | |
| | Year to | | | | | | | | Inception | | |
| Quarter | Date | 1 Year | | 3 Year | | 5 Year | 10 Year | | (07/09/99) | | |
| Gabelli Utility Trust | | | | | | | | | | | |
| NAV Total Return (b) | 15.60 % | 11.05 % | (3.33 | )% | (2.15 | )% | 4.97 % | 6.52 | % | 6.38 | % |
| Investment Total Return (c) | 8.85 | 37.39 | (8.20 | ) | 1.52 | | 3.59 | 7.71 | | 8.69 | |
| S&P 500 Index | 15.59 | 19.27 | (6.91 | ) | (5.43 | ) | 1.01 | (0.15 | ) | (0.93 | ) |
| S&P 500 Utilities Index | 6.15 | 4.33 | (7.06 | ) | (1.16 | ) | 7.00 | 3.60 | | 2.93 | |
| Lipper Utility Fund Average | 9.64 | 10.09 | (4.84 | ) | (1.39 | ) | 6.71 | 3.73 | | 3.23 | |

| (a) | Returns represent past performance and do not guarantee future results. Investment returns and
the principal value of an investment will fluctuate. When shares are sold, they may be worth more
or less than their original cost. Current performance may be lower or higher than the performance
data presented. Visit www.gabelli.com for performance information as of the most recent month end.
Performance returns for periods of less than one year are not annualized. Investors should
carefully consider the investment objectives, risks, charges, and expenses of the Fund before
investing. The S&P 500 Index is an unmanaged indicator of stock market performance. The S&P 500
Utilities Index is an unmanaged indicator of electric and gas utility stock performance.
The Lipper Utility Fund Average reflects the average performance of open-end mutual funds
classified in this particular category. Dividends are considered reinvested. You cannot invest
directly in an index. |
| --- | --- |
| (b) | Total returns and average annual returns reflect changes in the NAV per share, reinvestment of
distributions at NAV on the ex-dividend date, and adjustments for rights offerings and are net of
expenses. Since inception return is based on an initial NAV of $7.50. |
| (c) | Total returns and average annual returns reflect changes in closing market values on the New
York Stock Exchange, reinvestment of distributions, and adjustments for rights offerings. Since
inception return is based on an initial offering price of $7.50. |

We have separated the portfolio manager’s commentary from the financial statements and investment portfolio due to corporate governance regulations stipulated by the Sarbanes-Oxley Act of 2002. We have done this to ensure that the content of the portfolio manager’s commentary is unrestricted. The financial statements and investment portfolio are mailed separately from the commentary. Both the commentary and the financial statements, including the portfolio of investments, will be available on our website at www.gabelli.com.

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THE GABELLI UTILITY TRUST SCHEDULE OF INVESTMENTS September 30, 2009 (Unaudited)

Shares Market — Value
COMMON STOCKS — 98.5%
ENERGY AND UTILITIES — 84.5%
Energy and Utilities: Alternative Energy — 0.3%
20,000 Ormat Industries Ltd. $ 167,795
12,500 Ormat Technologies Inc. 510,250
9,000 Renegy Holdings Inc.† 12,150
690,195
Energy and Utilities: Electric Integrated — 48.1%
247,000 Allegheny Energy Inc. 6,550,440
23,000 ALLETE Inc. 772,110
75,000 Alliant Energy Corp. 2,088,750
20,000 Ameren Corp. 505,600
80,000 American Electric Power Co. Inc. 2,479,200
10,000 Avista Corp. 202,200
45,000 Black Hills Corp. 1,132,650
26,000 Central Vermont Public Service Corp. 501,800
30,000 Cleco Corp. 752,400
145,000 CMS Energy Corp. 1,943,000
160,000 Constellation Energy Group Inc. 5,179,200
33,000 Dominion Resources Inc. 1,138,500
160,000 DPL Inc. 4,176,000
24,000 DTE Energy Co. 843,360
190,000 Duke Energy Corp. 2,990,600
90,000 Edison International 3,022,200
193,000 El Paso Electric Co.† 3,410,310
3,000 Entergy Corp. 239,580
51,000 FirstEnergy Corp. 2,331,720
130,000 Florida Public Utilities Co. 1,579,500
95,000 FPL Group Inc. 5,246,850
245,000 Great Plains Energy Inc. 4,397,750
60,000 Hawaiian Electric Industries Inc. 1,087,200
92,000 Integrys Energy Group Inc. 3,301,880
61,000 Maine & Maritimes Corp. 2,192,950
65,000 MGE Energy Inc. 2,371,200
48,000 NiSource Inc. 666,720
115,000 NorthWestern Corp. 2,809,450
35,000 NV Energy Inc. 405,650
100,000 OGE Energy Corp. 3,308,000
24,000 Otter Tail Corp. 574,320
48,000 PG&E Corp. 1,943,520
100,000 PNM Resources Inc. 1,168,000
100,000 Progress Energy Inc. 3,906,000
40,000 Progress Energy Inc., CVO† 9,200
38,000 Public Service Enterprise Group Inc. 1,194,720
60,500 SCANA Corp. 2,111,450
104,000 TECO Energy Inc. 1,464,320
25,000 The Empire District Electric Co. 452,250
150,000 Unisource Energy Corp. 4,612,500
18,000 Unitil Corp. 404,100
47,000 Vectren Corp. 1,082,880
260,000 Westar Energy Inc. 5,072,600
90,000 Wisconsin Energy Corp. 4,065,300
195,000 Xcel Energy Inc. 3,751,800
99,439,730
Energy and Utilities: Electric Transmission and
Distribution — 7.8%
243 Brookfield Infrastructure Partners LP 4,000
50,000 CH Energy Group Inc. 2,215,500
60,000 Consolidated Edison Inc. 2,456,400
135,000 Northeast Utilities 3,204,900
215,000 NSTAR 6,841,300
22,500 Pepco Holdings Inc. 334,800
36,666 UIL Holdings Corp. 967,616
16,024,516
Energy and Utilities: Global Utilities — 4.3%
1,500 Areva SA 865,722
8,000 Chubu Electric Power Co. Inc. 194,285
40,000 Electric Power Development Co. Ltd. 1,267,755
45,000 Endesa SA 1,486,918
304,000 Enel SpA 1,929,583
300,000 Hera SpA 730,069
8,000 Hokkaido Electric Power Co. Inc. 166,479
8,000 Hokuriku Electric Power Co. 203,643
3,500 Huaneng Power International Inc., ADR 93,240
35,000 Korea Electric Power Corp., ADR† 533,400
8,000 Kyushu Electric Power Co. Inc. 181,362
2,000 Niko Resources Ltd. 156,447
8,000 Shikoku Electric Power Co. Inc. 244,193
8,000 The Chugoku Electric Power Co. Inc. 175,926
8,000 The Kansai Electric Power Co. Inc. 193,394
8,000 The Tokyo Electric Power Co. Inc. 209,881
15,000 Tohoku Electric Power Co. Inc. 334,206
8,966,503
Energy and Utilities: Merchant Energy — 2.7%
35,810 Dynegy Inc., Cl. A† 91,316
8,130 Mirant Corp.† 133,576
300,000 Mirant Corp., Escrow† (a) 0
360,000 The AES Corp.† 5,335,200
5,560,092
Energy and Utilities: Natural Gas Integrated — 7.0%
205,000 El Paso Corp. 2,115,600
1,000 Energen Corp. 43,100
130,000 National Fuel Gas Co. 5,955,300
2,000 Occidental Petroleum Corp. 156,800
100,000 ONEOK Inc. 3,662,000
120,000 Southern Union Co. 2,494,800
14,427,600

See accompanying notes to schedule of investments.

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THE GABELLI UTILITY TRUST SCHEDULE OF INVESTMENTS (Continued) September 30, 2009 (Unaudited)

Shares Market — Value
COMMON STOCKS (Continued)
ENERGY AND UTILITIES (Continued)
Energy and Utilities: Natural Gas Utilities — 6.9%
26,000 AGL Resources Inc. $ 917,020
50,000 Atmos Energy Corp. 1,409,000
12,100 Corning Natural Gas Corp. 187,550
30,000 Delta Natural Gas Co. Inc. 795,000
11,445 GDF Suez 508,222
11,445 GDF Suez, Strips 17
90,000 Nicor Inc. 3,293,100
35,000 Piedmont Natural Gas Co. Inc. 837,900
6,000 RGC Resources Inc. 165,240
150,000 Southwest Gas Corp. 3,837,000
120,000 Spectra Energy Corp. 2,272,800
14,222,849
Energy and Utilities: Natural Resources — 1.4%
6,000 Anadarko Petroleum Corp. 376,380
35,000 Compania de Minas Buenaventura SA, ADR 1,232,350
14,000 Exxon Mobil Corp. 960,540
3,000 Peabody Energy Corp. 111,660
4,000 Royal Dutch Shell plc, Cl. A, ADR 228,760
2,909,690
Energy and Utilities: Services — 0.5%
50,000 ABB Ltd., ADR 1,002,000
3,000 Tenaris SA, ADR 106,860
1,108,860
Energy and Utilities: Water — 3.1%
14,000 American States Water Co. 506,520
30,000 American Water Works Co. Inc. 598,200
21,833 Aqua America Inc. 385,134
24,750 Artesian Resources Corp., Cl. A 416,295
20,000 California Water Service Group 778,800
7,500 Connecticut Water Service Inc. 167,925
51,333 Middlesex Water Co. 774,102
33,000 Pennichuck Corp. 718,080
80,000 SJW Corp. 1,828,000
8,101 Southwest Water Co. 39,857
9,000 The York Water Co. 124,740
6,337,653
Diversified Industrial — 1.7%
2,800 Alstom SA 204,337
5,000 Bouygues SA 254,258
10,000 Cooper Industries plc, Cl. A 375,700
165,000 General Electric Co. 2,709,300
3,543,595
Equipment and Supplies — 0.1%
50,000 Capstone Turbine Corp.† 66,000
2,000 Mueller Industries Inc. 47,740
113,740
Shares/ Market
Units Value
Environmental Services — 0.0%
3,000 Suez Environnement Co. SA $ 68,529
Independent Power Producers and
Energy Traders — 0.6%
40,000 NRG Energy Inc.† 1,127,600
TOTAL ENERGY AND UTILITIES 174,541,152
COMMUNICATIONS — 11.9%
Cable and Satellite — 4.0%
100,000 Cablevision Systems Corp., Cl. A 2,375,000
5,000 Cogeco Cable Inc. 141,596
20,000 Cogeco Inc. 476,159
65,000 DISH Network Corp., Cl. A† 1,251,900
10,000 EchoStar Corp., Cl. A† 184,600
35,000 Liberty Global Inc., Cl. A† 789,950
20,000 Liberty Global Inc., Cl. C† 449,200
8,000 Rogers Communications Inc., Cl. B 225,600
65,000 The DIRECTV Group Inc.† 1,792,700
12,000 Time Warner Cable Inc. 517,080
2,112 Zon Multimedia Servicos de
Telecomunicacoes e Multimedia
SGPS SA 14,322
8,218,107
Communications Equipment — 0.6%
3,000 QUALCOMM Inc. 134,940
260,000 The Furukawa Electric Co. Ltd. 1,057,205
1,192,145
Telecommunications — 4.5%
50,000 AT&T Inc. 1,350,500
2,000 Belgacom SA 77,909
4,350 Bell Aliant Regional Communications
Income Fund (a)(b) 113,441
30,000 BT Group plc, ADR 624,300
2,000 CenturyTel Inc. 67,200
230,000 Cincinnati Bell Inc.† 805,000
2,000 Comstar United Telesystems
OJSC, GDR 10,500
20,000 D&E Communications Inc. 229,800
65,000 Deutsche Telekom AG, ADR 887,900
2,000 France Telecom SA, ADR 53,840
6,000 Frontier Communications Corp. 45,240
200 Hutchison Telecommunications
Hong Kong Holdings Ltd. 34
200 Hutchison Telecommunications
International Ltd. 41
500 Mobistar SA 34,601
20,000 Nippon Telegraph & Telephone Corp. 926,865
2,000 Orascom Telecom Holding SAE, GDR 62,180
15,000 Portugal Telecom SGPS SA 158,811

See accompanying notes to schedule of investments.

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THE GABELLI UTILITY TRUST SCHEDULE OF INVESTMENTS (Continued) September 30, 2009 (Unaudited)

Shares Market — Value
COMMON STOCKS (Continued)
COMMUNICATIONS (Continued)
Telecommunications (Continued)
2,000 PT Indosat Tbk $ 1,128
500 Rostelecom, ADR 14,680
500 Sistema JSFC, GDR† (c) 7,300
1,200 Tele2 AB, Cl. B 15,922
27,000 Telekom Austria AG 486,771
40,000 Touch America Holdings Inc.† (a) 0
115,000 Verizon Communications Inc. 3,481,050
9,455,013
Wireless Communications — 2.8%
600 America Movil SAB de CV, Cl. L, ADR 26,298
2,000 China Mobile Ltd., ADR 98,220
2,000 China Unicom Hong Kong Ltd., ADR 28,480
7,000 Millicom International Cellular SA† 509,180
4,500 Mobile TeleSystems OJSC, ADR 217,215
171 MobileOne Ltd. 215
1,200 NTT DoCoMo Inc. 1,917,006
600 SK Telecom Co. Ltd., ADR 10,470
200 SmarTone Telecommunications Holdings Ltd. 154
22,000 Turkcell Iletisim Hizmetleri A/S, ADR 393,140
30,000 United States Cellular Corp.† 1,172,100
75,000 Vimpel-Communications, ADR† 1,402,500
5,774,978
TOTAL COMMUNICATIONS 24,640,243
OTHER — 2.1%
Aerospace — 0.3%
75,000 Rolls-Royce Group plc† 564,310
Agriculture — 0.0%
3,000 Cadiz Inc.† 35,100
Automotive: Parts and Accessories — 0.0%
1,000 BERU AG 111,201
Entertainment — 1.4%
30,000 Time Warner Inc. 863,400
64,000 Vivendi 1,980,333
2,843,733
Publishing — 0.0%
8,000 Idearc Inc.† 200
Real Estate — 0.1%
6,075 Brookfield Asset Management Inc.,
Cl. A 137,963
Transportation — 0.3%
20,000 GATX Corp. 559,000
TOTAL OTHER 4,251,507
TOTAL COMMON STOCKS 203,432,902
CONVERTIBLE PREFERRED STOCKS — 0.9%
ENERGY AND UTILITIES — 0.9%
Energy and Utilities: Natural Gas Integrated — 0.9%
2,000 El Paso Corp., 4.990% Cv. Pfd. (b) 1,861,700
WARRANTS — 0.1%
ENERGY AND UTILITIES — 0.0%
Energy and Utilities: Merchant Energy — 0.0%
26,107 Mirant Corp., Ser. A, expire 01/03/11† 38,638
COMMUNICATIONS — 0.1%
Wireless Communications — 0.1%
18,000 Bharti Airtel Ltd., expire 09/19/13† (b) 156,672
TOTAL WARRANTS 195,310
Principal
Amount
CONVERTIBLE CORPORATE BONDS — 0.0%
ENERGY AND UTILITIES — 0.0%
Environmental Services — 0.0%
$ 100,000 Covanta Holding Corp., Cv.,
3.250%, 06/01/14 (b) 111,000
U.S. GOVERNMENT OBLIGATIONS — 0.5%
1,070,000 U.S. Treasury Bills, 0.066% to 0.178%††,
10/29/09 to 12/31/09 1,069,815
TOTAL INVESTMENTS — 100.0% (Cost $202,922,672) $ 206,670,727
Aggregate book cost $ 202,922,672
Gross unrealized appreciation $ 21,920,176
Gross unrealized depreciation (18,172,121 )
Net unrealized appreciation/depreciation $ 3,748,055

| (a) | Security fair valued under procedures established by the Board of Trustees. The procedures may
include reviewing available financial information about the company and reviewing the valuation of
comparable securities and other factors on a regular basis. At September 30, 2009, the market value
of fair valued securities amounted to $113,441 or 0.05% of total investments. |
| --- | --- |
| (b) | Security exempt from registration under Rule 144A of the Securities Act of 1933, as
amended. These securities may be resold in transactions exempt from registration, normally to
qualified institutional buyers. At September 30, 2009, the market value of Rule 144A securities
amounted to $2,242,813 or 1.09% of total investments. |
| (c) | At September 30, 2009, the Fund held an
investment in a restricted security amounting to
$7,300 or 0.00% of total investments, which was
valued under methods approved by Board of Trustees
as follows: |

Acquisition Acquisition Acquisition 09/30/09 — Carrying Value
Shares Issuer Date Cost Per Unit
500 Sistema JSFC, GDR 10/10/07 $ 17,384 $ 14.6000
† Non-income producing security.
†† Represents annualized yield at date of purchase.
ADR American Depositary Receipt
CVO Contingent Value Obligation
GDR Global Depositary Receipt

See accompanying notes to schedule of investments.

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THE GABELLI UTILITY TRUST NOTES TO SCHEDULE OF INVESTMENTS (Unaudited)

1. Security Valuation. Portfolio securities listed or traded on a nationally recognized securities exchange or traded in the U.S. over-the-counter market for which market quotations are readily available are valued at the last quoted sale price or a market’s official closing price as of the close of business on the day the securities are being valued. If there were no sales that day, the security is valued at the average of the closing bid and asked prices or, if there were no asked prices quoted on that day, then the security is valued at the closing bid price on that day. If no bid or asked prices are quoted on such day, the security is valued at the most recently available price or, if the Board of Trustees (the “Board”) so determines, by such other method as the Board shall determine in good faith to reflect its fair market value. Portfolio securities traded on more than one national securities exchange or market are valued according to the broadest and most representative market, as determined by Gabelli Funds, LLC (the “Adviser”).

Portfolio securities primarily traded on a foreign market are generally valued at the preceding closing values of such securities on the relevant market, but may be fair valued pursuant to procedures established by the Board if market conditions change significantly after the close of the foreign market but prior to the close of business on the day the securities are being valued. Debt instruments with remaining maturities of sixty days or less that are not credit impaired are valued at amortized cost, unless the Board determines such amount does not reflect the securities’ fair value, in which case these securities will be fair valued as determined by the Board. Debt instruments having a maturity greater than sixty days for which market quotations are readily available are valued at the average of the latest bid and asked prices. If there were no asked prices quoted on such day, the security is valued using the closing bid price. Futures contracts are valued at the closing settlement price of the exchange or board of trade on which the applicable contract is traded.

Securities and assets for which market quotations are not readily available are fair valued as determined by the Board.

The inputs and valuation techniques used to measure fair value of the Fund’s investments are summarized into three levels as described in the hierarchy below:

• Level 1 — quoted prices in active markets for identical securities;
• Level 2 — other significant observable inputs (including quoted prices for similar
securities, interest rates, prepayment speeds, credit risk, etc.); and
• Level 3 — significant unobservable inputs (including the Fund’s determinations as
to the fair value of investments).

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THE GABELLI UTILITY TRUST NOTES TO SCHEDULE OF INVESTMENTS (Continued) (Unaudited)

The inputs or methodology used for valuing securities are not necessarily an indication of the risk associated with investing in those securities. The summary of the Fund’s investments and other financial instruments by inputs used to value the Fund’s investments as of September 30, 2009 is as follows:

Valuation Inputs — Level 1 Level 2 Other Significant Level 3 Significant Total Market Value
Quoted Prices Observable Inputs Unobservable Inputs at 9/30/09
INVESTMENTS IN SECURITIES:
ASSETS (Market Value):
Common Stocks
ENERGY AND UTILITIES
Energy and Utilities: Merchant Energy $ 5,560,092 — $ 0 $ 5,560,092
COMMUNICATIONS
Telecommunications 9,455,013 — 0 9,455,013
Other Industries (a) 188,417,797 — — 188,417,797
Total Common Stocks 203,432,902 — — 203,432,902
Convertible Preferred Stocks (a) 1,861,700 — — 1,861,700
Warrants
ENERGY AND UTILITIES
Energy and Utilities: Merchant Energy 38,638 — — 38,638
COMMUNICATIONS
Wireless Communications — $ 156,672 — 156,672
Total Warrants 38,638 156,672 — 195,310
Convertible Corporate Bonds — 111,000 — 111,000
U.S. Government Obligations — 1,069,815 — 1,069,815
TOTAL INVESTMENTS IN SECURITIES $ 205,333,240 $ 1,337,487 $ 0 $ 206,670,727
OTHER FINANCIAL INSTRUMENTS:
LIABILITIES (Unrealized Depreciation): *
Interest Rate Swap Agreement $ — $ (675,492 ) $ — $ (675,492 )
Contract for Difference Swap Agreement — (5,746 ) — (5,746 )
TOTAL OTHER FINANCIAL INSTRUMENTS $ — $ (681,238 ) $ — $ (681,238 )

| (a) | Security and industry classifications for these categories are detailed in the Schedule of
Investments. |
| --- | --- |
| * | Other financial instruments are derivative instruments not reflected in the Schedule of
Investments, such as futures, forwards, and swaps, which are valued at the unrealized
appreciation/depreciation of the investment. |

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THE GABELLI UTILITY TRUST NOTES TO SCHEDULE OF INVESTMENTS (Continued) (Unaudited)

The following is a reconciliation of Level 3 investments for which significant unobservable inputs were used to determine fair value:

Net change
in unrealized
appreciation/
depreciation
Change in during the
Balance Accrued Realized unrealized Net Transfers in Balance period on Level 3
as of discounts/ gain/ appreciation/ purchases/ and/or out as of investments held
12/31/08 (premiums) (loss) depreciation (sales) of Level 3 9/30/09 at 9/30/09
INVESTMENTS IN
SECURITIES:
ASSETS (Market Value):
Common Stocks
ENERGY AND UTILITIES
Energy and
Utilities: Electric
Integrated $ 13,200 $ — $ — $ — $ — $ (13,200 ) $ — $ —
Energy and
Utilities: Merchant Energy 0 — — — — — 0 —
COMMUNICATIONS
Telecommunications 0 — — — — — 0 —
Total Common Stocks 13,200 — — — — (13,200 ) 0 —
Corporate Bonds 0 — 0 — 0 — — —
TOTAL INVESTMENTS IN
SECURITIES $ 13,200 $ — $ 0 $ — $ 0 $ (13,200 ) $ 0 $ —

2. Derivative Financial Instruments. The Fund may engage in various portfolio investment strategies by investing in a number of derivative financial instruments for the purpose of increasing the income of the Fund, hedging or protecting its exposure to interest rate movements and movements in the securities markets, hedging against changes in the value of its portfolio securities and in the value of securities it intends to purchase, or hedging against a specific transaction with respect to either the currency in which the transaction is denominated or another currency. Investing in certain derivative financial instruments, including participation in the options, futures, or swap markets, entails certain execution, liquidity, hedging, tax, and securities, interest, credit, or currency market risks. Losses may arise if the Adviser’s prediction of movements in the direction of the securities, foreign currency, and interest rate markets is inaccurate. Losses may also arise if the counterparty does not perform its duties under a contract, or that, in the event of default, the Fund may be delayed in or prevented from obtaining payments or other contractual remedies owed to it under derivative contracts. The creditworthiness of the counterparties is closely monitored in order to minimize these risks. Participation in derivative transactions involves investment risks, transaction costs, and potential losses to which the Fund would not be subject absent the use of these strategies. The consequences of these risks, transaction costs, and losses may have a negative impact on the Fund’s ability to pay distributions.

Current notional amounts are an indicator of the volume of the Fund’s derivative activities during the period.

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THE GABELLI UTILITY TRUST NOTES TO SCHEDULE OF INVESTMENTS (Continued) (Unaudited)

Swap Agreements. The Fund may enter into equity, contract for difference, and interest rate swap or cap transactions for the purpose of increasing the income of the Fund. The use of swaps is a highly specialized activity that involves investment techniques and risks different from those associated with ordinary portfolio security transactions. In a swap, a set of future cash flows is exchanged between two counterparties. One of these cash flow streams will typically be based on a reference interest rate combined with the performance of a notional value of shares of a stock. The other will be based on the performance of the shares of a stock. Depending on the general state of short-term interest rates and the returns on the Fund’s portfolio securities at the time a swap transaction reaches its scheduled termination date, there is a risk that the Fund will not be able to obtain a replacement transaction or that the terms of the replacement will not be as favorable as on the expiring transaction.

The Fund has entered into an interest rate swap agreement with Citibank N.A. Under the agreement, the Fund receives a floating rate of interest and pays a respective fixed rate of interest on the nominal value of the swap. Details of the swap at September 30, 2009 are as follows:

Notional Floating Rate* Termination Net Unrealized
Amount Fixed Rate (rate reset monthly) Date Depreciation
$25,000,000 4.00 % 0.25875 % 6/02/10 $ (675,492 )
  • Based on LIBOR (London Interbank Offered Rate).

The Fund has entered into an equity contract for difference swap agreement with The Goldman Sachs Group, Inc. Details of the swap at September 30, 2009 are as follows:

Notional Equity Security Interest Rate/ Termination Net Unrealized
Amount Received Equity Security Paid Date Depreciation
$193,769 (25,000 Shares) Market Value Appreciation on: Rolls-Royce Group plc One month LIBOR plus 90 bps plus Market Value Depreciation on: Rolls-Royce Group plc 6/25/10 $ (5,746 )

For open derivative instruments as of September 30, 2009, see the preceding tables, which are also indicative of activity for the year ended December 31, 2008.

Futures Contracts. The Fund may engage in futures contracts for the purpose of hedging against changes in the value of its portfolio securities and in the value of securities it intends to purchase. Upon entering into a futures contract, the Fund is required to deposit with the broker an amount of cash or cash equivalents equal to a certain percentage of the contract amount. This is known as the “initial margin.” Subsequent payments (“variation margin”) are made or received by the Fund each day, depending on the daily fluctuations in the value of the contract, which are included in unrealized appreciation/depreciation on investments and futures contracts. The Fund recognizes a realized gain or loss when the contract is closed.

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There are several risks in connection with the use of futures contracts as a hedging instrument. The change in value of futures contracts primarily corresponds with the value of their underlying instruments, which may not correlate with the change in value of the hedged investments. In addition, there is the risk that the Fund may not be able to enter into a closing transaction because of an illiquid secondary market. At September 30, 2009, there were no open futures contracts.

Forward Foreign Exchange Contracts. The Fund may engage in forward foreign exchange contracts for the purpose of hedging a specific transaction with respect to either the currency in which the transaction is denominated or another currency as deemed appropriate by the Adviser. Forward foreign exchange contracts are valued at the forward rate and are marked-to-market daily. The change in market value is included in unrealized appreciation/depreciation on investments and foreign currency translations. When the contract is closed, the Fund records a realized gain or loss equal to the difference between the value of the contract at the time it was opened and the value at the time it was closed.

The use of forward foreign exchange contracts does not eliminate fluctuations in the underlying prices of the Fund’s portfolio securities, but it does establish a rate of exchange that can be achieved in the future. Although forward foreign exchange contracts limit the risk of loss due to a decline in the value of the hedged currency, they also limit any potential gain that might result should the value of the currency increase. In addition, the Fund could be exposed to risks if the counterparties to the contracts are unable to meet the terms of their contracts. At September 30, 2009, there were no open forward foreign exchange contracts.

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AUTOMATIC DIVIDEND REINVESTMENT AND VOLUNTARY CASH PURCHASE PLANS

Enrollment in the Plan

It is the policy of The Gabelli Utility Trust (the “Fund”) to automatically reinvest dividends payable to common shareholders. As a “registered” shareholder you automatically become a participant in the Fund’s Automatic Dividend Reinvestment Plan (the “Plan”). The Plan authorizes the Fund to credit common shares to participants upon an income dividend or a capital gains distribution regardless of whether the shares are trading at a discount or a premium to net asset value. All distributions to shareholders whose shares are registered in their own names will be automatically reinvested pursuant to the Plan in additional shares of the Fund. Plan participants may send their share certificates to Computershare Trust Company, N.A. (“Computershare”) to be held in their dividend reinvestment account. Registered shareholders wishing to receive their distributions in cash must submit this request in writing to:

The Gabelli Utility Trust c/o Computershare P.O. Box 43010 Providence, RI 02940-3010

Shareholders requesting this cash election must include the shareholder’s name and address as they appear on the share certificate. Shareholders with additional questions regarding the Plan or requesting a copy of the terms of the Plan, may contact Computershare at (800) 336-6983.

If your shares are held in the name of a broker, bank, or nominee, you should contact such institution. If such institution is not participating in the Plan, your account will be credited with a cash dividend. In order to participate in the Plan through such institution, it may be necessary for you to have your shares taken out of “street name” and re-registered in your own name. Once registered in your own name your distributions will be automatically reinvested. Certain brokers participate in the Plan. Shareholders holding shares in “street name” at participating institutions will have dividends automatically reinvested. Shareholders wishing a cash dividend at such institution must contact their broker to make this change.

The number of common shares distributed to participants in the Plan in lieu of cash dividends is determined in the following manner. Under the Plan, whenever the market price of the Fund’s common shares is equal to or exceeds net asset value at the time shares are valued for purposes of determining the number of shares equivalent to the cash dividends or capital gains distribution, participants are issued common shares valued at the greater of (i) the net asset value as most recently determined or (ii) 95% of the then current market price of the Fund’s common shares. The valuation date is the dividend or distribution payment date or, if that date is not a New York Stock Exchange (“NYSE”) trading day, the next trading day. If the net asset value of the common shares at the time of valuation exceeds the market price of the common shares, participants will receive common shares from the Fund valued at market price. If the Fund should declare a dividend or capital gains distribution payable only in cash, Computershare will buy common shares in the open market, or on the NYSE or elsewhere, for the participants’ accounts, except that Computershare will endeavor to terminate purchases in the open market and cause the Fund to issue shares at net asset value if, following the commencement of such purchases, the market value of the common shares exceeds the then current net asset value.

The automatic reinvestment of dividends and capital gains distributions will not relieve participants of any income tax which may be payable on such distributions. A participant in the Plan will be treated for federal income tax purposes as having received, on a dividend payment date, a dividend or distribution in an amount equal to the cash the participant could have received instead of shares.

Voluntary Cash Purchase Plan

The Voluntary Cash Purchase Plan is yet another vehicle for our shareholders to increase their investment in the Fund. In order to participate in the Voluntary Cash Purchase Plan, shareholders must have their shares registered in their own name.

Participants in the Voluntary Cash Purchase Plan have the option of making additional cash payments to Computershare for investments in the Fund’s common shares at the then current market price. Shareholders may send an amount from $250 to $10,000. Computershare will use these funds to purchase shares in the open market on or about the 1st and 15th of each month. Computershare will charge each shareholder who participates $0.75, plus a pro rata share of the brokerage commissions. Brokerage charges for such purchases are expected to be less than the usual brokerage charge for such transactions. It is suggested that any voluntary cash payments be sent to Computershare, P.O. Box 43010, Providence, RI 02940—3010 such that Computershare receives such payments approximately 10 days before the 1st and 15th of the month. Funds not received at least five days before the investment date shall be held for investment until the next purchase date. A payment may be withdrawn without charge if notice is received by Computershare at least 48 hours before such payment is to be invested.

Shareholders wishing to liquidate shares held at Computershare must do so in writing or by telephone. Please submit your request to the above mentioned address or telephone number. Include in your request your name, address, and account number. The cost to liquidate shares is $2.50 per transaction as well as the brokerage commission incurred. Brokerage charges are expected to be less than the usual brokerage charge for such transactions.

For more information regarding the Automatic Dividend Reinvestment Plan and Voluntary Cash Purchase Plan, brochures are available by calling (914) 921-5070 or by writing directly to the Fund.

The Fund reserves the right to amend or terminate the Plan as applied to any voluntary cash payments made and any dividend or distribution paid subsequent to written notice of the change sent to the members of the Plan at least 90 days before the record date for such dividend or distribution. The Plan also may be amended or terminated by Computershare on at least 90 days written notice to participants in the Plan.

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TRUSTEES AND OFFICERS THE GABELLI UTILITY TRUST One Corporate Center, Rye, NY 10580-1422

Trustees
Mario J. Gabelli, CFA
Chairman & Chief Executive
Officer, GAMCO Investors, Inc.
Dr. Thomas E. Bratter
President & Founder, John Dewey Academy
Anthony J. Colavita
President,
Anthony J. Colavita, P.C.
James P. Conn
Former Managing Director &
Chief Investment Officer,
Financial Security Assurance Holdings Ltd.
Vincent D. Enright
Former Senior Vice President
& Chief Financial Officer, KeySpan Corp.
Frank J. Fahrenkopf, Jr.
President & Chief Executive
Officer,
American Gaming Association
John D. Gabelli
Senior Vice President,
Gabelli & Company,
Inc.
Robert J. Morrissey
Attorney-at-Law, Morrissey, Hawkins & Lynch
Anthony R. Pustorino
Certified Public Accountant, Professor Emeritus, Pace
University
Salvatore J. Zizza
Chairman, Zizza & Co., Ltd.
Officers
Bruce N. Alpert
President
Peter D. Goldstein
Chief Compliance Officer
Agnes Mullady
Treasurer & Secretary
David I. Schachter
Vice President & Ombudsman
Investment Adviser
Gabelli Funds, LLC One
Corporate Center Rye, New York 10580-1422
Custodian
The Bank of New York Mellon
Counsel
Willkie Farr & Gallagher LLP
Transfer Agent and Registrar
Computershare Trust Company, N.A.

Stock Exchange Listing

Common 5.625% — Preferred
NYSE-Symbol: GUT GUT PrA
Shares Outstanding: 30,837,531 1,153,288

The Net Asset Value per share appears in the Publicly Traded Funds column, under the heading “Specialized Equity Funds,” in Monday’s The Wall Street Journal. It is also listed in Barron’s Mutual Funds/Closed End Funds section under the heading “Specialized Equity Funds.”

The Net Asset Value per share may be obtained each day by calling (914) 921-5070 or visiting www.gabelli.com.

For general information about the Gabelli Funds, call 800-GABELLI (800-422-3554), fax us at 914-921-5118, visit Gabelli Funds’ Internet homepage at: www.gabelli.com, or e-mail us at: [email protected]

Notice is hereby given in accordance with Section 23(c) of the Investment Company Act of 1940, as amended, that the Fund may, from time to time, purchase its common shares in the open market when the Fund’s shares are trading at a discount of 10% or more from the net asset value of the shares. The Fund may also, from time to time, purchase its preferred shares in the open market when the preferred shares are trading at a discount to the liquidation value.

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link2 "Item 2. Controls and Procedures"

Item 2. Controls and Procedures.

| (a) | The registrant’s principal executive and principal financial officers, or persons
performing similar functions, have concluded that the registrant’s disclosure controls and
procedures (as defined in Rule 30a-3(c) under the Investment Company Act of 1940, as
amended (the “1940 Act”) (17 CFR 270.30a-3(c))) are effective, as of a date within 90 days
of the filing date of the report that includes the disclosure required by this paragraph,
based on their evaluation of these controls and procedures required by Rule 30a-3(b) under
the 1940 Act (17 CFR 270.30a-3(b)) and Rules 13a-15(b) or 15d-15(b) under the Securities
Exchange Act of 1934, as amended (17 CFR 240.13a-15(b) or 240.15d-15(b)). |
| --- | --- |
| (b) | There were no changes in the registrant’s internal control over financial reporting (as
defined in Rule 30a-3(d) under the 1940 Act (17 CFR 270.30a-3(d)) that occurred during the
registrant’s last fiscal quarter that have materially affected, or are reasonably likely to
materially affect, the registrant’s internal control over financial reporting. |

link2 "Item 3. Exhibits"

Item 3. Exhibits.

Certifications pursuant to Rule 30a-2(a) under the 1940 Act and Section 302 of the Sarbanes-Oxley Act of 2002 are attached hereto.

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link1 "SIGNATURES"

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934 and the Investment Company Act of 1940, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

(Registrant) The Gabelli Utility Trust

By (Signature and Title)* /s/ Bruce N. Alpert Bruce N. Alpert, Principal Executive Officer

Date 11/30/09

Pursuant to the requirements of the Securities Exchange Act of 1934 and the Investment Company Act of 1940, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated.

| By (Signature and Title) | /s/ Bruce N. Alpert Bruce
N. Alpert, Principal Executive Officer |
| --- | --- |
| Date 11/30/09 | |
| By (Signature and Title)
| /s/ Agnes Mullady Agnes
Mullady, Principal Financial Officer and Treasurer |

Date 11/30/09

  • Print the name and title of each signing officer under his or her signature.

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