H2438B3620A05840 AJB:EJH 05/22/20 #90 A05840
AMENDMENTS TO HOUSE BILL NO. 2438
Sponsor: REPRESENTATIVE ROAE
Printer's No. 3620
Amend Bill, page 1, by inserting between lines 16 and 17
"Affiliate." A person that directly, or indirectly through
one or more intermediaries, controls, is controlled by or is
under common control with a specified person. The term includes
subsidiaries, partnerships, joint ventures and other entities
that have shared resources, interests or business dealings.
Amend Bill, page 2, line 4, by inserting after
"telecommunications"
, cable operator
Amend Bill, page 2, line 6, by striking out "through" and
inserting
using
Amend Bill, page 2, line 7, by striking out "within an
easement" and inserting
, including, but not limited to, poles and conduit, within an
easement
Amend Bill, page 2, line 8, by striking out "electricity
supplier" and inserting
electric cooperative corporation
Amend Bill, page 2, lines 11 and 12, by striking out
"electricity supplier " and inserting
electric cooperative corporation
Amend Bill, page 2, line 12, by inserting after "or"
its
Amend Bill, page 2, lines 29 and 30; page 3, lines 1 and 2;
by striking out all of said lines on said pages
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Amend Bill, page 3, line 9, by inserting after "corporation."
An electric cooperative corporation may only supply
retail broadband services through one or more affiliates.
Amend Bill, page 3, line 18, by striking out "cooperative's"
and inserting
cooperative corporation's
Amend Bill, page 3, line 19, by inserting after "cooperative"
corporation
Amend Bill, page 3, line 21, by inserting after "services"
or if an electric cooperative corporation, in its
sole discretion, gives express written permission to a
broadband service provider to utilize an existing
electric easement
Amend Bill, page 3, by inserting between lines 25 and 26
(4) An electric cooperative corporation that elects to
provide broadband services as a broadband service supplier shall
permit other providers of such services nondiscriminatory access
to attach to electric infrastructure, owned or controlled by the
electric cooperative corporation, pursuant to the rates, terms
and conditions comparable to and no less favorable than those
offered to an affiliate of an electric cooperative corporation
engaged in the provision of retail broadband services.
Amend Bill, page 3, line 26, by striking out "Exception.--
Subsection" and inserting
Applicability.-- Except for the replacement or relocation of
existing poles or as otherwise provided by law, subsection
Amend Bill, page 3, by inserting between lines 28 and 29
(c) Construction.--Except as otherwise provided under this
chapter, nothing in this chapter shall limit any of the rights
that exist under the laws of this Commonwealth of any broadband
service supplier to secure its own easements for the
construction or installation of broadband facilities or the
provision of broadband services.
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