Section 37-16-1 – Short Title.

Section 37-16-1 Short title. This chapter shall be known and may be cited as the Broadband Using Electric Easements Accessibility Act. (Act 2019-326, §1.)

Section 37-16-10 – Limitation of Source of Funds.

Section 37-16-10 Limitation of source of funds. In no event shall funds be appropriated from the Education Trust Fund under this chapter. (Act 2019-326, §1.)

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 37-16-5 – 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 37-16-6 – 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 37-16-7 – 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 37-16-8 – Construction of Chapter.

Section 37-16-8 Construction of chapter. (a) Nothing in this chapter shall interfere with the commission’s authority to regulate public utilities under this title. Nothing in this chapter shall provide a basis for creating or granting jurisdiction to the commission over any electric providers or any broadband affiliate that are otherwise exempt or are otherwise not […]

Section 37-16-9 – Allocation and Accounting of Marginal Costs Related to Nonutility Support Services; Investments In, Loans To, Leases With Broadband Affiliates.

Section 37-16-9 Allocation and accounting of marginal costs related to nonutility support services; investments in, loans to, leases with broadband affiliates. (a) An electric provider providing broadband services shall fully allocate and properly account for all marginal costs, including the internal imputation of such costs when the electric provider does not provide broadband services through […]