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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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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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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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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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37-16-8
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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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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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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