Code of Alabama

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37-16-9
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 an affiliate, related to the provision of nonutility support services, including
any transactions provided for in subsection (b), and shall not use its electric services sales
revenues for the subsidization of such nonutility support services. No transaction treated
in accordance with subsection (b) shall be considered a cross-subsidy. Nothing in this subsection
shall apply to an electric provider that is a Tennessee Valley distributor or an electric
provider that is a utility as defined under paragraph a. of subdivision (7) of Section 37-4-1.
(b) Nothing in this section shall prevent an...
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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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37-16-3
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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11-50B-2
Section 11-50B-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADVANCED TELECOMMUNICATIONS CAPABILITY. Without regard to any transmission media
or technology, high-speed, switched, broadband telecommunications capability that enables
users to originate and receive high-quality voice, data, graphics, and video telecommunications
using any technology. (2) ADVANCED TELECOMMUNICATIONS SERVICE. Without regard to any transmission
media or technology, the provision of high-speed, switched, broadband telecommunications capability
that enables users to originate and receive high-quality voice, data, graphics, and video
telecommunications using any technology. (3) 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 such premises
regarding a possible threat at the premises to life,...
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40-31-2
Section 40-31-2 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) DECLARED STATE DISASTER OR EMERGENCY. A disaster or emergency
event within the state for which either of the following applies: a. A Governor's State of
Emergency Proclamation has been issued. b. A presidential declaration of a federal major disaster
or emergency has been issued. c. A joint resolution of the Legislature has been issued. (2)
DISASTER OR EMERGENCY RELATED WORK. Repairing, renovating, installing, building, rendering
service, or other business activities that relate to infrastructure, owned or operated by
a registered business, municipality, county, or public corporation, that has been damaged,
impaired, or destroyed by the declared state disaster or emergency. (3) DISASTER PERIOD. A
period that begins 10 calendar days before the declared state disaster or emergency and that
extends for a period of 60 calendar days after the end of the declared state...
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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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45-39-250
Section 45-39-250 Definitions. As used in this part, 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 medical...
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8-19A-4
Section 8-19A-4 Exemptions. The provisions of this chapter do not apply to: (1) A person engaging
in commercial telephone solicitation where the solicitation is an isolated transaction and
not done in the course of a pattern of repeated transactions of like nature. (2) A person
making calls for religious, charitable, political, educational, or other noncommercial purposes
or a person soliciting for a nonprofit corporation if that corporation is properly registered
with the Secretary of State and is included within the exemption of the Alabama Revenue Code
or Section 501(c)(3) of the Internal Revenue Code or rural electric cooperatives formed under
Chapter 6 of Title 37 of the Code of Alabama or affiliates or subsidiaries thereof. (3) A
person soliciting: a. Without the intent to complete or obtain provisional acceptance of a
sale during the telephone solicitation. b. Who does not make the major sales presentation
during the telephone solicitation. c. Without the intent to complete, and...
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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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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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