AL Code § 37-16-4 (2021)
2021 Code of Alabama|Title 37 - Public Utilities and Public Transportation.|Chapter 16 - Broadband Using Electric Easements Accessibility Act.|Section 37-16-4 - Powers of Electric Providers; Access to Broadband System; Rate Methodology and Terms of Access; Limitations; Annual Report.

Section 37-16-4Powers 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 supporting utility support services or used for or supporting wholesale or retail nonutility support services, including the power and authority to apportion the electric easement, to grant licenses, and to grant other usage or operational rights to other broadband operators for the broadband system located within the electric easements. (3) Provide broadband services, whether used for or supporting utility support services or for wholesale or retail nonutility support services. (4) Allow a broadband affiliate or an unaffiliated person to provide broadband services over or through a broadband system within the electric easements of an electric provider, on such terms and conditions as specified by the electric provider, whether used for or supporting utility support services or used for or supporting wholesale or retail nonutility support services. (b) In furtherance of its authority under subsection (a), an electric provider shall have the sole authority to determine which broadband affiliate or unaffiliated person, including a broadband operator or broadband service provider, may have access to the broadband system within its electric easements and on its electric delivery system and to determine the terms and conditions on which the broadband affiliate or unaffiliated person may access the broadband system, including, without limitation, whether the access will be on an exclusive or non-exclusive basis. (c) An electric provider engaged in providing retail nonutility support services shall apply the same rate methodology to determine pole attachment rates, and shall require the same terms and conditions of access, for pole attachments to its electric delivery system for its broadband services, with such methodology and terms of access to be determined at the time of the applicable pole attachment request, as the provider applies for pole attachments to its electric delivery system by persons not affiliated with the electric provider. Nothing in this subsection shall apply to an electric provider that is a Tennessee Valley Authority distributor or to an electric provider that is a utility as defined under paragraph a. of subdivision (7) of Section 37-4-1. (d) This chapter does not require or obligate an electric provider to install or implement a broadband system or advanced communications capabilities, to provide broadband services, or to allow others to install a broadband system or facilities or use the electric provider's electric easements and electric delivery system to provide broadband services. (e) An electric provider may not require any person to purchase broadband services from the electric provider, a broadband affiliate, or unaffiliated broadband operator or broadband service provider as a condition of receiving or continuing to receive electric energy from the electric provider. (f) An electric provider shall not disconnect any customer from receiving electric services pursuant to its electric delivery system due to the customer's failure to pay for broadband services provided to the customer by the electric provider or its broadband affiliate. (g) By June 30 of each year, an electric provider engaged in providing retail nonutility support services directly or through a broadband affiliate shall provide a report to the Legislature detailing its pole attachment rates. This subsection does not apply to an electric provider that is a Tennessee Valley Authority distributor or to an electric provider that is a utility as defined under paragraph a. of subdivision (7) of Section 37-4-1. (Act 2019-326, §1.)