§ 37-16-1 Short title
§ 37-16-2 Legislative findings
§ 37-16-3 Definitions
§ 37-16-4 Powers of electric providers; access to broadband system; rate methodology and terms of access; limitations; annual report
§ 37-16-5 Effect of chapter on service territories for electric suppliers
§ 37-16-6 Costs charged for construction, installation, maintenance, etc., of broadband system
§ 37-16-7 Civil action by owner of interest in real property subject to easement; damages; condemnation; receipt of rights by grant or agreement; motice of installation; liability
§ 37-16-8 Construction of chapter
§ 37-16-9 Allocation and accounting of marginal costs related to nonutility support services; investments in, loans to, leases with broadband affiliates
§ 37-16-10 Limitation of source of funds

Terms Used In Alabama Code > Title 37 > Chapter 16 - Broadband Using Electric Easements Accessibility Act

  • ADVANCED COMMUNICATIONS CAPABILITIES: The communications capabilities defined from time to time as advanced telecommunications capabilities by the Federal Communications Commission (FCC) through regulations, statutes, or other written guidance or orders. See Alabama Code 37-16-3
  • approved: A device, process, equipment, or method approved by the chief; provided, that if any interested person so requests, the secretary shall review such approval. See Alabama Code 25-9-2
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • BROADBAND AFFILIATE: A person that is at least 10 percent owned by an electric provider, controlled by way of ownership interests therein, directly or indirectly, by the electric provider, or under common control with the electric provider, and which is formed to provide, among other services, utility support services or nonutility support services. See Alabama Code 37-16-3
  • BROADBAND OPERATOR: A person that owns or operates a broadband system within an electric easement, including the electric provider if the electric provider is operating the broadband system and including a person that provides broadband services on a wholesale basis to another broadband operator or broadband service provider. See Alabama Code 37-16-3
  • BROADBAND SERVICE PROVIDER: A person that provides broadband services on a retail basis to end-use customers. See Alabama Code 37-16-3
  • BROADBAND SERVICES: The provision of connectivity to a high-speed, high-capacity transmission medium or to a technology supporting, in the provider-to-consumer (downstream) direction, a speed, in technical terms ("bandwidth"), with minimum download speeds of 25 megabits per second and minimum upload speeds of 25 megabits per second for either of the following:

    a. See Alabama Code 37-16-3

  • BROADBAND SYSTEM: Any of the following that may be used to facilitate, directly or indirectly, the provision or transmission of broadband services, whether utility support services or nonutility support services, or both: Materials; wires; cables, including fiber optic and copper cables, whether such cables are dark or lit, and whether such cables are in use or dormant; conduits; antennas; equipment; fixtures; switching multiplexers; poles; routers; switches; servers; appurtenances; facilities; and ancillary or auxiliary equipment. See Alabama Code 37-16-3
  • chief: The Chief of the Division of Safety and Inspection of the Department of Labor or such other public officer, employee, board, commission, or other authority that may in emergencies be acting in the stead of the chief or may by law be assigned the duties and authority of the Chief of the Division of Safety and Inspection of the Department of Labor. See Alabama Code 25-9-2
  • commission: The Alabama Public Service Commission. See Alabama Code 37-16-3
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • ELECTRIC DELIVERY SYSTEM: Any product, fixture, equipment, or technology, or part thereof, necessary or useful in supporting the generation, transmission, transformation, or distribution or delivery of electricity, including, but not limited to, generators, electric transmission facilities and lines, distribution facilities and lines, wires, cables, fiber optic cables, poles, transformers, antennas, anchors, guys, grounding systems, communications systems, insulators, conduits, and any other related or ancillary facilities or materials used by an electric provider to generate, transmit, transform, deliver, or distribute electric energy, as such lines and facilities may exist from time to time and whether such lines or facilities are aboveground or underground. See Alabama Code 37-16-3
  • ELECTRIC EASEMENT: Any recorded or unrecorded easement or right-of-way in favor of an electric provider that permits the siting and use of an electric delivery system on, over, under, or across the land of a property owner, regardless of whether the easement or right-of-way is for the exclusive benefit of the electric provider or for use in connection with the provision of other services, and regardless of whether the electric provider provides the other services. See Alabama Code 37-16-3
  • ELECTRIC PROVIDER: A utility, as defined under paragraph a. See Alabama Code 37-16-3
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • MINE FOREMAN: A person holding a valid certificate of qualification duly issued by action of the board of mine examiners. See Alabama Code 25-9-2
  • NONUTILITY SUPPORT SERVICES: Broadband services and related services that support services, uses, or purposes other than utility support services. See Alabama Code 37-16-3
  • operator: The owner, part owner, operator or lessee to whom the superintendent reports and is accountable for the operation. See Alabama Code 25-9-2
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • permissible: A device, process, or equipment or method heretofore or hereafter classified by such term by the United States Bureau of Mines when such classification is adopted by the chief and includes, unless otherwise expressly stated in this chapter, all requirements, restrictions, exceptions, limitations, and conditions attached to such classification by said bureau. See Alabama Code 25-9-2
  • person: An individual, trust, estate, corporation, partnership, limited partnership, limited liability partnership, or limited liability company having a separate legal existence under state law. See Alabama Code 37-16-3
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes lands, tenements and hereditaments. 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

  • superintendent: The person placed in overall charge of the operation of a coal mine or mines. See Alabama Code 25-9-2
  • supervisor: Such term may be used to designate mine foremen, assistants, section foremen, trafficmen, maintenance foremen, etc. See Alabama Code 25-9-2
  • UTILITY SUPPORT SERVICES: Broadband services and related services, uses, or purposes that support the operational performance and service reliability of the electric delivery system of an electric provider, including, but not limited to, all of the following:

    a. See Alabama Code 37-16-3