2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-139.302. Use of electric service easements for supplying broadband services.

A. Any easement owned, held or otherwise used by an Electric Provider for the purpose of electric services may also be used by that Electric Provider or its broadband subsidiary, Telecommunications Provider or other Approved Broadband Provider, for the purpose of supplying Broadband Services.
B. Notwithstanding the provisions of Section 2023 of Title 12 of the Oklahoma Statutes, a class action lawsuit may not be maintained against an Electric Provider or its broadband subsidiary in a suit for trespass, nuisance or inverse condemnation based on a claim of expanded use of an easement where the broadband facilities are located on an easement owned, held or otherwise used by an Electric Provider. In a suit of trespass, nuisance or inverse condemnation against an Electric Provider or its broadband subsidiary, based on a claim of expanded use of an easement, any trespass, nuisance or condemnation found to exist shall be deemed permanent and the actual damages awarded shall be the fair market value which, notwithstanding any other provision of law, shall always be greater than zero (0), but shall not exceed the difference between the fair market value of the property owner's entire property immediately before the taking and the fair market value of the property owner's property immediately after the taking. In such a suit, evidence of revenues or profits derived, or the rental value of use of the attached broadband facilities, shall not be admissible in determining fair market value. A property owner's actual damages shall be fixed at the time of the initial broadband installation and shall not be deemed to continue, accumulate or accrue. Upon payment of damages, the Electric Provider and/or its broadband subsidiary and/or the Telecommunications Provider and/or Approved Broadband Provider shall be granted a permanent easement for the use, replacement, and maintenance of the facilities installed.
C. An Approved Broadband Provider or a Telecommunications Provider with a valid pole attachment agreement with the Electric Provider to which it is attaching may use the Electric Provider's easement for the purpose of providing Broadband Services. Notwithstanding the provisions of Section 2023 of Title 12 of the Oklahoma Statutes, a class action lawsuit may not be maintained against an Approved Broadband Provider, Electric Provider, its broadband subsidiary, or Telecommunications Provider in a suit for trespass, nuisance or inverse condemnation based on a claim of expanded use of an easement where the broadband facilities are located on infrastructure owned, held or otherwise used by an Electric Provider. In a suit for trespass, nuisance or inverse condemnation against an Approved Broadband Provider, Electric Provider, its broadband subsidiary, or Telecommunications Provider, based on a claim of expanded use of an easement by the Electric Provider or Approved Broadband Provider, any trespass, nuisance or condemnation found to exist shall be deemed permanent and the actual damages awarded shall be the fair market value which, notwithstanding any other provision of law, shall always be greater than zero (0), but shall not exceed the difference between the fair market value of the property owner's entire property immediately before the taking and the fair market value of the property owner's property immediately after the taking. In such a suit, evidence of revenues or profits derived, or the rental value of use of the attached broadband facilities, shall not be admissible in determining fair market value. A property owner's actual damages shall be fixed at the time of the initial broadband installation and shall not be deemed to continue, accumulate or accrue. Upon payment of damages, the Approved Broadband Provider, Electric Provider, its broadband subsidiary, or Telecommunications Provider shall be granted a permanent easement for the use, replacement and maintenance of the facilities installed.
Added by Laws 2023, c. 230, § 2, eff. Nov. 1, 2023.