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2012 SESSION

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SB 652 Cable television systems and cooperatives; negotiate in good faith to resolve certain issues.

Introduced by: William M. Stanley, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Attachments by cable television systems and telecommunications service providers to poles of electric cooperatives.  Authorizes the State Corporation Commission to determine just and reasonable rates, and certain terms and conditions of service, for attachments to electric cooperative poles by telecommunications service providers and cable television systems. The authority may be exercised if, after good faith negotiations, the parties cannot reach an agreement regarding the attachment. Fees may be assessed to allow the Commission to recover appropriate costs of such proceedings. This bill is identical to HB 1186.

SUMMARY AS INTRODUCED:

Pole attachments; cable television systems and cooperatives.  Requires cable television systems and cooperatives to negotiate in good faith to resolve certain issues, including the rates, terms, and conditions of contracts permitting attachments by a cable television system to a cooperative's poles. If an issue cannot be resolved, either party may petition the State Corporation Commission to resolve the issue. In adjudicating the issue, the Commission shall ensure that the cooperative is compensated by the cable television system for certain costs. Annually commencing July 1, 2012, cable television systems are required to pay an annual fee to the Commission equal to $1.00 for each attachment to a cooperative's pole. Each cooperative is required to make a survey of cable television system attachments on its poles every 36 months.  Beginning in 2013, cooperatives will be required to report to the Commission on the number of each cable television system's attachments. In addition, if any cable television system attachment interferes with, obstructs, or delays the service or operations of a cooperative or creates a safety hazard, the cooperative may take immediate action to remedy the situation at the cable television system's expense.