H2438B3848A07198 NAD:JMT 09/18/20 #90 A07198
AMENDMENTS TO HOUSE BILL NO. 2438
Sponsor: SENATOR PITTMAN
Printer's No. 3848
Amend Bill, page 2, line 28, by striking out "video
services,"
Amend Bill, page 2, line 29, by striking out ", wireless
services"
Amend Bill, page 4, line 12, by inserting after "PROVIDE"
retail
Amend Bill, page 4, line 12, by inserting after "SERVICES"
, through an affiliate,
Amend Bill, page 4, line 20, by inserting after "SERVICES."
Nothing in this paragraph shall limit, amend, supersede
or otherwise alter the rates, terms and conditions
established under existing written attachment agreements for
the term of such agreements except as provided under
subparagraph (iii) . The following shall apply:
(i) Except as provided under subparagraph (ii), an
electric cooperative corporation shall provide written
notice, by first class mail, to any broadband service
supplier with which it has an existing written agreement
governing the broadband service supplier's attachments to
electric infrastructure owned or controlled by the
electric cooperative corporation, within 90 days of the
date on which an electric cooperative corporation's
affiliate begins offering retail broadband services over
broadband facilities.
(ii) An electric cooperative corporation that is
providing retail broadband service through an affiliate
as of the effective date of this section shall not be
required to send the notice required under subsection
(i).
(iii) For a period of five years from receipt of the
notice required under subparagraph (i), or from the
effective date of this section if subparagraph (ii)
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applies, a broadband service supplier that has existing
written attachment agreement with the electric
cooperative corporation shall have the right to attach to
the poles of that electric cooperative corporation at
rates that shall not exceed the then-effective rates in
the existing agreement, subject to permissible periodic
rate adjustments provided in the existing agreement.
(5) An electric cooperative corporation may not do any
of the following:
(i) require a person to purchase broadband services
from an affiliate of the electric cooperative corporation
as a condition of receiving or continuing to receive
electric energy from the electric cooperative
corporation; or
(ii) disconnect, or threaten to disconnect, electric
service to a customer due to the customer's failure to
pay for broadband services provided to the customer by
the electric cooperative corporation or an affiliate.
Amend Bill, page 4, by inserting between lines 25 and 26
(c) Cross-Subsidization.--The following shall apply:
(1) An electric cooperative corporation that supplies
retail broadband services through an affiliate shall ensure
that the rates charged for the provision of electric service
do not include any of its affiliate's retail broadband
service costs and shall not use its electric service revenues
to subsidize the provision of retail broadband services to
the public by an affiliate.
(2) An electric cooperative corporation may make capital
investments in an affiliate, make loans for the benefit of an
affiliate, enter into capital or operating leases with the
affiliate, and enter into guarantees or other security
arrangements for the benefit of the affiliate, all of which
may be in amounts, on terms and subject to conditions as the
electric cooperative corporation's board of directors
approves and determines to be prudent or appropriate.
Amend Bill, page 4, line 26, by striking out "(C)" and
inserting
( d )
Amend Bill, page 5, line 1, by striking out the period after
"SERVICES" and inserting
or to negotiate separate terms or agreements for attachments
to electric infrastructure, owned or controlled by an electric
cooperative corporation .
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