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37-16-6
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 delivery system that are used or may be reserved
for use by the broadband affiliate or unaffiliated broadband operator or broadband service
provider for the provision of broadband services. No electric provider shall be required to
construct, install, replace, operate, or maintain a broadband system or to provide broadband
services. An electric provider, broadband affiliate, or unaffiliated broadband operator or
broadband services provider may charge for broadband services or any other uses of the broadband
system, whether wholesale or retail, at rates determined by the provider thereof. (Act...
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37-16-7
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 construction, installation,
use, or enlargement of broadband systems within the electric easement on the owner's property
and the electric easement does not expressly provide for such, the owner may file a civil
action in the circuit court for the county in which the property is located to recover damages
as specified by this section. All such actions must be brought within three years after
the later of: (1) August 1, 2019; or (2) the date broadband systems are first constructed
or installed within the electric easement on the owner's real property. Nothing in this chapter
shall revive any right or remedy which may have become barred by lapse...
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37-16-4
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 of the following:
(1) Own, operate, maintain, construct, install, and replace a broadband system on, over, under,
or across the electric provider's electric easements, whether used for or supporting utility
support services or used for or supporting nonutility support services, whether on a wholesale
or retail basis. (2) Allow a broadband affiliate or an unaffiliated person to own, lease,
manage, construct, superintend, install, operate, maintain, and replace a broadband system
on, over, under, or across the electric provider's electric easements, on such terms and conditions
as specified by the electric provider, whether used for or...
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37-16-8
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 subject to the jurisdiction of the commission. (b) Nothing in this chapter shall affect,
abrogate, or eliminate in any way any obligation of an electric provider or any broadband
affiliate or broadband operator to comply with any applicable safety and permitting requirements
of any railroad company or any state governmental body or agency with respect to property
that is held or controlled by such railroad company or state governmental body or agency,
as the case may be, and in, on, over, or across which an easement is located. (c) Any broadband
system that encumbers the right-of-way of the Department of Transportation shall...
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37-16-3
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 services. (2) BROADBAND AFFILIATE. A person
that is at least 10 percent owned by an electric provider, controlled by way of ownership
interests therein, directly or indirectly, by the electric provider, or under common control
with the electric provider, and which is formed to provide, among other services, utility
support services or nonutility support services. (3) BROADBAND OPERATOR. A person that owns
or operates a broadband system within an electric easement, including the electric provider
if the electric provider is operating the broadband system and including a...
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45-16A-20
Section 45-16A-20 Definitions. As used in this article, the following terms shall have
the following meanings: (1) ALARM MONITORING SERVICE. A service that uses a device located
at a residence, place of business, or other fixed premises for both of the following purposes:
a. To receive signals from other devices located at or about the premises regarding a possible
threat at the premises to life, safety, or property, from burglary, fire, vandalism, bodily
injury, or other emergency. b. To transmit a signal regarding any threat by means of transmission
facilities of a municipality, municipal instrumentality, local exchange carrier, or one of
its affiliates to a remote monitoring center to alert a person at the center of the need to
inform the customer or another person or police, fire, rescue, security, or public safety
personnel of the threat, but does not include a service that uses a medical monitoring device
attached to an individual for the automatic surveillance of an ongoing...
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41-23-213
Section 41-23-213 Grant program; rulemaking authority; Alabama Broadband Accessibility
Fund. (a) The Director of ADECA may establish and administer the broadband accessibility grant
program for the purpose of promoting the deployment and adoption of broadband Internet access
services to unserved areas. By June 26, 2018, the director shall adopt rules and policies
to administer the program and begin to accept applications for grants, and shall adopt such
rules as may be necessary to meet the future needs of the grant program. (b) The program shall
be administered pursuant to policies developed by ADECA in compliance with this article. The
policies shall provide for the awarding of grants to non-governmental entities that are cooperatives,
corporations, limited liability companies, partnerships, or other private business entities
that provide broadband services. Nothing in this article shall expand the authority under
state law of any entity to provide broadband service. (c) There is...
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45-23A-93
Section 45-23A-93 Auxiliary communication services. (a) As used in this section,
the word "city" shall mean the City of Ozark in Dale County. (b)(I) In addition
to all other powers, rights, and authority heretofore granted by law, the city is authorized
and empowered to acquire, purchase, lease, construct, operate, maintain, enlarge, extend,
and improve as part of the system facilities for the provision to inhabitants of the city
and surrounding territory of auxiliary services which may be identified generally as any communication
service, not including cable television transmission, which shall include, but not be limited
to, burglar alarm systems, data transmissions, facsimile service, home shopping service, and
any allied or similar communication services. (2) The city shall provide, without the requirement
of any franchise, to any requesting communication company or utility regulated by the Public
Service Commission, or any electric cooperative organized under Chapter 6, Title 37,...
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37-2A-2
Section 37-2A-2 Definitions. When used in this chapter, the following words have the
following meanings: (1) BASIC TELEPHONE SERVICE. Refers to a service that, as provided by
an incumbent local exchange carrier, may be through any technology and through any affiliate
or service arrangement and includes the functionalities described in 47 C.F.R. 54.101(a).
(2) BROADBAND SERVICE or BROADBAND ENABLED SERVICE. Any service that consists of or includes
a high-speed access capability to transmit at a rate that is not less than 200 kilobits per
second either in the upstream or downstream direction, and either of the following: a. Provides
computer processing, information storage, information content or protocol conversion, including
any service applications or information service provided over such high-speed access service.
b. Is used to provide access to the Internet. (3) BUNDLED OFFERING. A combination of retail
services offered as a package, whether at a single price or with the...
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37-15-10.1
Section 37-15-10.1 Underground Damage Prevention Authority. (a) The Underground Damage
Prevention Authority is created for the purpose of enforcing this chapter and for reviewing
penalty provisions and the adequacy of the enforcement process. It is the intent of the Legislature
that the authority and its enforcement activities not be funded by appropriations from the
state budget. (b) The authority shall utilize the services of the Alabama Public Service Commission
to provide administrative support for the authority, subject to the concurrence by the authority
board. The Public Service Commission shall charge the expenses associated with the administrative
duties of the authority back to the authority, subject to the concurrence of the authority
board. The administrative support provided by the Alabama Public Service Commission to the
authority is in an administrative capacity only and nothing in this chapter shall expand the
jurisdiction of the Alabama Public Service Commission in any...
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