Section 37-16-2 – Legislative Findings.
Section 37-16-2 Legislative findings. (a) The Legislature finds and declares the following: (1) More advanced communication capabilities, broadband facilities, and services are needed in many rural and underserved areas of the state. (2) Electric providers in those rural and underserved areas are capable of providing infrastructure for such advanced communications capabilities and providing, directly or […]
Section 37-16-3 – Definitions.
Section 37-16-3 Definitions. As used in this chapter, the following terms shall have the following meanings: (1) ADVANCED COMMUNICATIONS CAPABILITIES. The communications capabilities defined from time to time as advanced telecommunications capabilities by the Federal Communications Commission (FCC) through regulations, statutes, or other written guidance or orders. The term also includes broadband systems and broadband […]
Section 37-16-4 – Powers of Electric Providers; Access to Broadband System; Rate Methodology and Terms of Access; Limitations; Annual Report.
Section 37-16-4 Powers of electric providers; access to broadband system; rate methodology and terms of access; limitations; annual report. (a) To the extent not otherwise authorized by law, and in addition to all other purposes, powers, and authority currently granted to electric providers under the laws of this state, an electric provider may do all […]
Section 37-15-3 – Prohibition.
Section 37-15-3 Prohibition. No person shall excavate in a street, highway, public easement, private easement, or implied easement of an operator, or on property of an operator, or conduct blasting operations, or perform demolition activities in the near proximity of an operator’s underground facility without first having ascertained, in the manner prescribed in Sections 37-15-4 […]
Section 37-16-5 – Effect of Chapter on Service Territories for Electric Suppliers.
Section 37-16-5 Effect of chapter on service territories for electric suppliers. In no event does this chapter authorize any electric provider to provide retail electric service outside of its electric service territory as determined under the applicable provisions of Chapter 14. Nothing in this chapter is intended to amend, repeal, enlarge, or otherwise affect Chapter […]
Section 37-15-4 – Notice of Intent to Excavate or Demolish.
Section 37-15-4 Notice of intent to excavate or demolish. (a) A permit issued pursuant to law authorizing excavation or demolition operations shall not be deemed to relieve a person from the responsibility for complying with this chapter. Any public agency issuing such permit shall notify the person receiving the permit of the notification requirements of […]
Section 37-16-6 – Costs Charged for Construction, Installation, Maintenance, etc., of Broadband System.
Section 37-16-6 Costs charged for construction, installation, maintenance, etc., of broadband system. An electric provider may charge a broadband affiliate or an unaffiliated person, including a broadband operator or broadband service provider, for the costs of the construction, installation, replacement, operation, use, and maintenance of the broadband system or of those parts of its electric […]
Section 37-15-4.1 – Design or Survey Locate Requests.
Section 37-15-4.1 Design or survey locate requests. THIS SECTION WAS AMENDED BY ACT 2019-407 IN THE 2019 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Any person may submit a design or survey locate request to the One-Call Notification System. The design or survey locate request shall describe […]
Section 37-16-7 – Civil Action by Owner of Interest in Real Property Subject to Easement; Damages; Condemnation; Receipt of Rights by Grant or Agreement; Motice of Installation; Liability.
Section 37-16-7 Civil action by owner of interest in real property subject to easement; damages; condemnation; receipt of rights by grant or agreement; motice of installation; liability. (a) If the owner of an interest in real property subject to an electric easement contends that the owner’s property has been taken, injured, or destroyed by the […]
Section 37-15-5 – Underground Damage Prevention Program.
Section 37-15-5 Underground damage prevention program. (a) Until January 1, 2027: (1) Operators who have underground facilities within this state shall participate in and utilize the services of the One-Call Notification System. (2) Operators that are members of the One-Call Notification System on January 1, 2020, must remain members. (3) Operators with more than 25,000 […]