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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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37-16-7
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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37-16-3
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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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-16-4.htm - 4K - Match Info - Similar pages
11-50B-3
Section 11-50B-3 Permitted activities by public providers; lease of equipment by municipal
governing bodies. In addition to all other power, rights, and authority heretofore granted
by law, public providers may acquire, establish, purchase, construct, maintain, enlarge, extend,
lease, improve, and operate cable systems, telecommunications equipment and telecommunications
systems, and furnish cable service, interactive computer service, Internet access, other Internet
services, and advanced telecommunications service, or any combination thereof, in the case
of a public provider that is a municipality, to the inhabitants of the municipality and police
jurisdiction, the area within the territorial jurisdiction of the municipal planning commission
determined in accordance with the provisions of Section 11-52-30, as amended, and any
area in which the municipality furnishes or sells any utility, such as electricity, gas, water,
or sewer, and in the case of a public provider that is a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-50B-3.htm - 7K - Match Info - Similar pages
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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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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45-16A-20.01
Section 45-16A-20.01 Authority to operate cable, telecommunications, etc., systems.
In addition to all other power, rights, and authority heretofore granted by law, the City
of Elba in Coffee County and municipal instrumentalities of the City of Elba may acquire,
establish, purchase, construct, maintain, enlarge, extend, lease, improve, and operate cable
systems, telecommunications equipment and telecommunications systems, and furnish cable service,
interactive computer service, and Internet access and other Internet services and telecommunications
service, or any combination thereof, to the inhabitants of the municipality and surrounding
territory. Notwithstanding any other provision of this article, the City of Elba in Coffee
County and municipal instrumentalities of the City of Elba may furnish to the inhabitants
of the City of Elba and surrounding territory: Internet access and other Internet services;
meter reading services; appliance, equipment, or facilities monitoring; alarm...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-16A-20.01.htm - 4K - Match Info - Similar pages
37-4-150
Section 37-4-150 Electric transmission facilities. (a) This section shall be
known and may be cited as the Energy Security Act of 2015. (b) The Legislature hereby finds
and declares that due to the economic, financial, and service impacts associated with the
development of electric transmission facilities used for the furnishing of electric service
to consumers in this state, it is in the public interest to provide incumbent electric suppliers
the right to construct, own, operate, and maintain new transmission facilities that connect
to their own electric systems. The Legislature further finds and declares that providing incumbent
electric suppliers this right furthers their ability to satisfy their respective obligations
to provide service to Alabama consumers. This section implements these findings. (c)
As used in this section, the following words have the following meanings: (1) COMMISSION.
The Alabama Public Service Commission. (2) ELECTRIC TRANSMISSION FACILITY. Any transmission...
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37-4-140
Section 37-4-140 Purchase of electricity. (a) For purposes of this section only,
the following terms shall have the following meanings: (1) AVOIDED COSTS. Costs that a utility
or a commission non-jurisdictional electric supplier which purchases electrical energy from
a distributed generation facility would have been required to incur but for the distributed
generation facility's provision of electrical energy during the same period of time. To the
extent such costs are actually avoided, the term may include incremental fuel costs, incremental
energy losses, incremental emission allowance costs, and incremental fuel-related operation
and maintenance expenses. The term does not include, among other things, costs associated
with capacity, the transmission and distribution system, administrative and general costs,
customer accounting costs, and general plant in service costs. (2) COMMISSION. The Alabama
Public Service Commission. (3) COMMISSION NON-JURISDICTIONAL ELECTRIC SUPPLIER. a. A...
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