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37-14-32
Section 37-14-32 Electric service outside existing municipal limits. Except as otherwise provided
in subdivisions (2), (3), (4) and (6) but notwithstanding any other provision of this article,
in areas outside existing municipal limits (including areas annexed to municipalities on or
after April 26, 1984), no electric supplier shall construct or maintain electric distribution
lines for the provision of retail electric service to any premises being provided retail electric
service by another electric supplier, or to any new premises located within the boundaries
of assigned service areas of another electric supplier. Assigned service areas outside existing
municipal limits are hereby established as set forth in this section. (1) Except as specified
in subdivisions (2) and (3) herein, each electric supplier is hereby granted a legislative
franchise and assigned the sole obligation, in areas outside existing municipal limits and
within existing municipal limits to the extent the standards...
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37-14-3
Section 37-14-3 Electric service outside existing municipal limits. Except as otherwise provided
in subdivisions (2), (3), and (4) of this section in areas outside existing municipal limits
(including areas annexed to municipalities on or after April 26, 1984), no electric supplier
shall construct or maintain electric distribution lines for the provision of retail electric
service to any premises being provided retail electric service by another electric supplier,
or to any new premises located within the boundaries of assigned service areas of another
electric supplier, even if the premises is within municipal limits and the electric supplier,
in whose assigned area the premises is located has no franchise from the municipality in which
such premises is located. Assigned service areas outside existing municipal limits are hereby
established as set forth in this section. (1) Except as specified in subdivisions (2) and
(3) of this section herein, each electric supplier is hereby...
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37-14-11
Section 37-14-11 Judicial determination of legality, etc., of article - Filing of complaint.
At any time subsequent to April 26, 1984, an affected secondary electric supplier whose distribution
facilities are subject to the provisions of this article and whose facilities may be purchased
pursuant to this article by a primary electric supplier may, in its discretion before the
closing of such purchase, seek judicial determination of the legality and validity of such
purchase of facilities pursuant to the provisions of this article, and all other questions
of the legality or validity of the provisions of this article. Such judicial determination
shall be had upon the filing of a complaint against the citizens of the State of Alabama and
against the affected primary electric supplier. Such complaint shall be filed in the circuit
court of Montgomery County, Alabama which shall have exclusive venue for the determination
of all questions of the legality and validity of the provisions of this...
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11-49-1
Section 11-49-1 Consent to use public streets, etc., for construction or operation of public
utility or private enterprise; fees. (a) No person, firm, association, or corporation shall
be authorized to use the streets, avenues, alleys, and other public places of cities or towns
for the construction or operation of any public utility or private enterprise without first
obtaining the consent of the proper authorities of the city or town. (b) No electric supplier,
as defined in Section 37-14-31(1), which has an assigned service territory established by
general law enacted by the Legislature and which is subject to payment of a privilege or license
tax or other tax or fee established by general law enacted by the Legislature to a city or
town which authorizes a levy not to exceed three percent of the gross receipts of the business
done by the electric supplier in the municipality during the preceding year, and which authorizes
a levy not to exceed one and one-half percent of the gross...
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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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37-14-38
Section 37-14-38 Validation procedure; authorization for validation of provisions of article.
In order to foster and encourage the underlying policies of this article and to assure that
sales and purchases of distribution facilities, and other transactions and actions authorized
or allowed by this article may be conducted in good faith with a knowledge of the validity
of the provisions hereof, and further, to assure that irrevocable commitments are not made
in the implementation of the provisions of this article without the assurance of their legality
and validity, the following judicial review process is hereby authorized and it is declared
to be the legislative intent that the provisions of this statute be judicially reviewed and
validated pursuant to the procedure set forth herein and that the circuit court enter a judgment
in accordance with the procedure set forth herein. (1) FILING OF COMPLAINT FOR DETERMINATION
AS TO LEGALITY OF PROVISIONS OF ARTICLE. - At any time subsequent to...
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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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37-5-1
Section 37-5-1 Definitions. Unless the context otherwise requires, the following terms, when
used in this chapter, shall have the meanings respectively ascribed to them by this section:
(1) MUNICIPAL POWER DISTRICT, POWER DISTRICT or DISTRICT. A municipal power district organized
under this chapter, either as originally organized or as the same may be from time to time
altered or amended. (2) MUNICIPALITY. Any city or town. (3) GOVERNING BODY. Whenever used
in relation to any municipality, the body or board, by whatsoever name known, having charge
of the governing of a municipality and shall be held to include the mayor or other chief executive
officers of such municipality in any case wherein the concurrence or approval of such officer
is required by the law governing such municipality for the adoption of any municipal ordinance
or resolution or other municipal act provided for in this chapter. (4) BOARD OF DIRECTORS,
DIRECTORS or BOARD. The board of directors of a municipal power...
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22-23-31
Section 22-23-31 Definitions. When used in this article and except where the context prohibits,
the following words and terms shall have the following meanings: (1) FEDERAL ACT. The Federal
Safe Drinking Water Act, being Public Law 93-523. (2) ADMINISTRATOR. The Administrator of
the United States Environmental Protection Agency. (3) NATIONAL PRIMARY DRINKING WATER REGULATIONS.
Primary drinking water regulations promulgated by the administrator pursuant to the federal
act. (4) FEDERAL AGENCY. Any department, agency or instrumentality of the government of the
United States, the regulation of which has been delegated to the State of Alabama pursuant
to the federal act. (5) BOARD. The Alabama Department of Environmental Management. (6) HEALTH
OFFICER. The Director of the Alabama Department of Environmental Management. (7) LOCAL GOVERNMENTAL
UNIT. Any community, town, city, county, board, authority, nonprofit corporation or other
unit of government created by the Legislature. (8) PERSON....
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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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