KRS § 279.360 — KY Code / Title XXIV / Chapter 279 / Section 279.360
279.360 General powers of rural telephone cooperative corporations
Status: in_force

279.360 General powers of rural telephone cooperative corporations.

Each corporation organized under the provisions of KRS 279.310 to 279.600 shall have

power:

(1) To furnish, improve and expand telephone service in rural areas to its members, to

governmental agencies and political subdivisions, and to other persons not in excess

of ten percent (10%) of the number of its members, provided, however, that,

without regard to said ten percent (10%) limitation, telephone service may be made

available by a cooperative through interconnection of facilities to any number of

subscribers of other telephone systems, and through pay stations to any number of

users; and provided, further, that a cooperative which acquires existing telephone

facilities in rural areas may continue service to persons, not in excess of forty

percent (40%) of the number of its members, who are already receiving service

from such facilities, without requiring such persons to become members, but such

persons may become members upon such terms as may be prescribed in the bylaws;

and provided, further, that no cooperative shall (a) construct or operate any line,

facility or system in any rural area being furnished telephone service by any

telephone company or other cooperative unless the Public Service Commission

shall determine, after hearing on reasonable notice to all interested parties, that any

such telephone company or other cooperative is unwilling or unable to furnish

reasonably adequate telephone service in such area, or (b) furnish any telephone

service in any area proposed to be served by any telephone company, which may be

found to be ready, willing and able to serve, within such period of time as may, after

hearing, be determined to be reasonable by the Public Service Commission;

(2) To construct, purchase, lease as lessee, or otherwise acquire, and to improve,

expand, install, equip, maintain, and operate, and to sell, assign, convey, lease as

lessor, mortgage, pledge, or otherwise dispose of or encumber, telephone lines,

facilities or systems, lands, buildings, structures, plants and equipment, exchanges,

and any other real or personal property, tangible or intangible, which shall be

deemed necessary, convenient or appropriate to accomplish the purpose for which

the cooperative is organized; provided, that no cooperative shall construct,

purchase, lease as lessee, take, receive, or otherwise acquire, improve, expand,

install, equip, maintain, or operate any telephone lines, facilities or system, lands,

buildings, structures, plants and equipment, exchanges, or any other real or personal

property, tangible or intangible, within the boundaries of any incorporated or

unincorporated city, town, village, or borough within this state having a population

in excess of one thousand five hundred (1,500) inhabitants, unless said procedures

or any of them are determined by the administrator of the rural electrification

administration to be necessary in order to furnish or improve telephone service in

rural areas, and unless said determination by the administrator of the rural

electrification administration, after proper hearing on reasonable notice to all

interested parties, be approved by the Public Service Commission of the

Commonwealth of Kentucky. In case of such a determination by the administrator

of the rural electrification administration as aforesaid with approval by the

Kentucky Public Service Commission, nothing contained in this section or

elsewhere provided in KRS 279.310 to 279.600 shall deprive any corporation

organized under KRS 279.310 to 279.600 or foreign corporation doing business in

this state pursuant to KRS 279.310 to 279.600, of the power to improve, expand,

construct, acquire and operate telephone lines, facilities, or systems without regard

to their geographical location;

(3) To connect and interconnect its telephone lines, facilities or systems with other

telephone lines, facilities or systems;

(4) To make its facilities available to persons furnishing telephone service within or

without this state;

(5) To purchase, lease as lessee, or otherwise acquire, and to use, and exercise and to

sell, assign, convey, mortgage, pledge or otherwise dispose of or encumber,

franchises, rights, privileges, licenses and easements;

(6) To issue membership certificates and nonvoting shares of stock as hereinafter

provided;

(7) To borrow money and otherwise contract indebtedness, and to issue or guarantee

notes, bonds, and other evidences of indebtedness, and to secure the payment

thereof by mortgage, pledge, or deed of trust of, or any other encumbrance upon,

any or all of its then owned or after-acquired real or personal property, assets,

franchises, or revenues;

(8) To construct, maintain and operate telephone lines along, upon, under and across

publicly owned lands and public thoroughfares, including, without limitation, all

roads, highways, streets, alleys, bridges and causeways;

(9) To exercise the power of eminent domain in the manner provided by the laws of

this state for the exercise of such power by other corporations constructing or

operating telephone lines, facilities or systems;

(10) To become a member of other cooperatives or corporations or to own stock therein;

(11) To conduct its business and exercise its powers within or without this state;

(12) To adopt, amend and repeal bylaws;

(13) To make any and all contracts necessary, convenient or appropriate for the full

exercise of the powers herein granted;

(14) To exercise all other powers authorized by KRS Chapter 271B; and

(15) To do and perform any other lawful acts and things, and to have and exercise any

other powers which may be necessary, convenient or appropriate to accomplish the

purpose for which the cooperative is organized.