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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