"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.
"Broadband facilities." Wires, cables, materials, equipment
and other facilities, which are or can be used for the provision
of broadband services.
"Broadband service supplier." An electricity,
telecommunications , cable operator or Internet supplier or
affiliate that constructs, owns or installs new broadband
facilities to provide broadband services, at wholesale or
retail, using existing electric infrastructure , including, but
not limited to, poles and conduit, within an easement . The term
includes third parties with which the electric cooperative
corporation contracts, licenses or otherwise enters into
agreements with for the installation, service or maintenance of
broadband infrastructure and provision of broadband services on
behalf of the electric cooperative corporation or ITS affiliate.
"Broadband services." As follows:
(1) Service that consists of or includes the provision
of broadband that:
(i) is used to provide access to the Internet; or
(ii) provides computer processing, information
storage, information content or protocol conversion.
(2) The term includes the provision of video services,
voice over Internet protocol services , wireless services and
Internet protocol-enabled services.
"Easement." A recorded or unrecorded right-of-way, easement
or similar property right acquired by eminent domain,
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