(a) Nothing in this chapter shall interfere with the commission’s authority to regulate public utilities under this title. Nothing in this chapter shall provide a basis for creating or granting jurisdiction to the commission over any electric providers or any broadband affiliate that are otherwise exempt or are otherwise not subject to the jurisdiction of the commission.
Terms Used In Alabama Code 37-16-8
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Contract: A legal written agreement that becomes binding when signed.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
property: includes both real and personal property. See Alabama Code 1-1-1
rights-of-way: as used in this title does not authorize the commission to prescribe the location or the routing of any pipeline facility;(5) COMMISSION. See Alabama Code 37-4-90
state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(b) Nothing in this chapter shall affect, abrogate, or eliminate in any way any obligation of an electric provider or any broadband affiliate or broadband operator to comply with any applicable safety and permitting requirements of any railroad company or any state governmental body or agency with respect to property that is held or controlled by such railroad company or state governmental body or agency, as the case may be, and in, on, over, or across which an easement is located.(c) Any broadband system that encumbers the right-of-way of the Department of Transportation shall require a permit from the department regardless of whether the broadband system is within a currently permitted electric easement or an electric delivery system. Nothing in this chapter shall provide an exemption from an existing applicable regulation regarding access to county rights-of-way or be construed to abrogate, limit, expand, or otherwise affect the authority of a municipality to regulate the use of municipal streets and rights-of-way.(d) Except as provided in this section, nothing in this chapter is intended to expand or contract an electric provider’s rights and obligations with regard to applicable laws in connection with pole attachments to its electric delivery system, or the terms of any pole attachment agreement in effect with its electric delivery system.
