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37-2A-11
Section 37-2A-11 Interpretation. (a) This chapter is intended to supersede the remainder
of this title as to any matter provided for in this chapter. (b) Nothing in this chapter shall
do any of the following: (1) Alter the jurisdiction, rights, powers, authority, or duties
of the commission except as specifically provided for in this chapter. (2) Be interpreted
to expand the commission's jurisdiction, right, power, authority, or duty as it is provided
for in any other chapter of this title. (3) Alter any provider's obligations under state E-911
laws. (4) Alter, amend, or modify taxes imposed by Title 40, or any other title of this code,
unless specifically provided for in this chapter. (5) Alter, amend, or modify, other than
as provided in subdivision (1) of subsection (b) of Section 37-2A-4, the commission's
authority with regard to wholesale transactions between incumbent local exchange carriers
and other telecommunications carriers for the transmission and routing of telephone...
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37-2A-4
Section 37-2A-4 Jurisdiction of the Public Service Commission. (a) Notwithstanding any
provision of law to the contrary, the commission shall not have any jurisdiction, right, power,
authority, or duty to regulate, supervise, control, oversee, or monitor, directly or indirectly,
the rates, charges, classifications, provision, or any aspect of broadband service, broadband
enabled services, VoIP services, or information services. (b)(1) The commission may require
incumbent local exchange carriers to unbundle their networks, but the commission shall not
require the carriers to unbundle in a manner that exceeds in degree or differs in kind from
the unbundling requirements of the Federal Communications Commission. (2) Nothing in this
section shall be construed to: a. Affect any entity's obligations under 47 U.S.C. Sections
251 and 252 or a right granted to an entity by these sections. b. Affect any applicable wholesale
tariff. c. Grant, modify, or affect the authority of the commission to...
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37-2A-5
Section 37-2A-5 Process for election. (a) An incumbent local exchange carrier, local
exchange carrier, or inter-exchange carrier shall be deemed to have elected to be regulated
under this chapter unless the carrier files written notice with the commission declining regulation
under this chapter not later than August 31, 2005; provided, however, that, any other provision
of this chapter to the contrary notwithstanding, so long as (i) application of any of the
requirements of 47 U.S.C. 251 (b) or (c) shall have been suspended or modified with respect
to an incumbent local exchange carrier pursuant to the provisions of 47 U.S.C. 251 (f) (2),
or (ii) an incumbent local exchange carrier shall be exempt from the obligations of 47 U.S.C.
251 (c) pursuant to the provisions of 47 U.S.C. 251 (f) (1) (A), such incumbent local exchange
carrier shall not be eligible to elect and shall not be deemed to have elected to be regulated
under this chapter unless the incumbent local exchange carrier files...
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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...
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40-23-1
Section 40-23-1 Definitions; transactions considered or not considered sales. (a) For
the purpose of this division, the following terms shall have the respective meanings ascribed
by this section: (1) PERSON or COMPANY. Used interchangeably, includes any individual,
firm, copartnership, association, corporation, receiver, trustee, or any other group or combination
acting as a unit and the plural as well as the singular number, unless the intention to give
a more limited meaning is disclosed by the context. (2) DEPARTMENT. The Department of Revenue
of the State of Alabama. (3) COMMISSIONER. The Commissioner of Revenue of the State of Alabama.
(4) TAX YEAR or TAXABLE YEAR. The calendar year. (5) SALE or SALES. Installment and credit
sales and the exchange of properties as well as the sale thereof for money, every closed transaction
constituting a sale. Provided, however, a transaction shall not be closed or a sale completed
until the time and place when and where title is transferred by...
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11-50-524
Section 11-50-524 Corporate powers. (a) The corporation shall be entitled to all the
exemptions provided by the general laws of Alabama and of the United States for municipal
corporations. To carry out its purposes, the corporation shall have the following specific
powers, but no enumeration of powers granted in this chapter shall be construed to impair
or limit any general grant of power contained in this chapter nor to limit any such grant
to a power or powers of the same class or classes as those enumerated: (1) To have succession
by its corporate name perpetually unless dissolved and unless a shorter period of time shall
be specified in the certificate; (2) To sue and be sued and to prosecute and defend; (3) To
have and to use a corporate seal and to alter the same at will; (4) To acquire by purchase
or lease and to operate, maintain, extend, and improve any utility within the power district,
including any real and personal properties and any contract and franchise rights in...
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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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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state,
shall execute a compact, in substantially the following form, with the State of Mississippi,
and the Legislature approves and ratifies the compact in the form substantially as follows:
Northeast Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states
solemnly agree: Article I. The purpose of this compact is to promote and develop trade, commerce,
industry, and employment opportunities for the public good and welfare in northeast Mississippi
and northwest Alabama through the establishment of a joint interstate authority to acquire
certain railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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37-2A-8
Section 37-2A-8 Provision of basic telephone service and optional telephone features.
(a)(1) Notwithstanding any provision of law to the contrary, an entity that is not an incumbent
local exchange carrier shall not be obligated to tariff or otherwise provide basic telephone
service. An incumbent local exchange carrier shall provide, upon reasonable request, basic
telephone service to the premises of a permanent residence within its franchised service territory,
if the costs, including, but not limited to costs of facilities, rights-of-way, and equipment,
of providing basic telephone service to the requesting party does not exceed eight thousand
dollars ($8,000). (2) If the cost exceeds eight thousand dollars ($8,000), as provided in
subdivision (1), an incumbent local exchange carrier may not deny service on the basis of
cost so long as sufficient funds to provide that service are available from the Alabama portion
of the applicable federal universal service fund program. (3) An...
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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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