§ 23-18-801. Title

This subchapter shall be known and may be cited as the “Broadband Over Power Lines Enabling Act”.

§ 23-18-802. Definitions

As used in this subchapter and §§ 14-200-101, 18-15-503, 18-15-504, and 18-15-507: (1) “Broadband affiliate” or “affiliate” means an entity that is at least ten percent (10%) owned or controlled, directly or indirectly, by the electric utility formed to provide regulated or nonregulated broadband services; (2) “Broadband Internet service provider” means an entity that provides […]

§ 23-18-803. Permissible broadband systems

(a) An electric utility, an affiliate of an electric utility, or a person unaffiliated with an electric utility may own, construct, maintain, and operate a broadband system and provide broadband services on an electric utility’s electric delivery system consistent with the requirements of this subchapter. (b) This subchapter does not require an electric utility to […]

§ 23-18-804. Ownership and operation of broadband system

(a) An electric utility may: (1) Own or operate a broadband system on the electric utility’s electric delivery system; (2) Allow an affiliate to own or operate a broadband system on the electric utility’s electric delivery system; (3) Allow an unaffiliated entity to own or operate a broadband system on the electric utility’s electric delivery […]

§ 23-18-805. Jurisdiction

(a) Except as provided in this subchapter, neither the state nor any agency, instrumentality, or political subdivision of the state has jurisdiction over: (1) An electric utility’s ownership or operation of a broadband system; or (2) The provision of broadband services by the electric utility, a broadband affiliate, or a broadband operator. (b) Nothing in […]

§ 23-18-806. Fees and charges

(a) An electric utility may charge a broadband affiliate, an unaffiliated broadband Internet service provider, or a broadband operator for the costs of the construction, installation, operation, and maintenance of the broadband system of the broadband affiliate, unaffiliated broadband Internet service provider, or broadband operator. (b) (1) The costs incurred by an electric utility to […]

§ 23-18-807. Reliability of electric systems maintained

(a) An electric utility that installs or operates or permits the installation or operation of a broadband system on its electric delivery system shall employ all reasonable measures to ensure that the operation of the broadband system does not interfere with or diminish the reliability of the electric utility’s electric delivery system. (b) If a […]

§ 23-18-808. Compliance with federal law

(a) A broadband operator shall comply with all applicable federal laws, including those protecting licensed spectrum users from interference by broadband systems. (b) To the extent required by Federal Communications Commission rules, the operator of a radio frequency device shall discontinue using a radio frequency device that causes harmful interference.