1. The general assembly declares that expanding and accelerating access to high-speed broadband communications services throughout the entire state of Missouri is necessary, desirable, in the best interests of the citizens of this state, and that it is a public purpose of great importance.

2. In recognition that the high capital cost of deploying fiber optics technologies to provide broadband communications services impedes access to such services, and the rural electric cooperatives deploy fiber optics technologies for use in the operation of their electric system infrastructure, it is the intent of the general assembly to facilitate and to encourage rural electric cooperatives and their affiliates, either collectively, or individually, to continue to enter into and establish voluntary contracts or other forms of joint or cooperative agreements for the use of rural electric cooperative infrastructure in providing access to broadband services.

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Terms Used In Missouri Laws 394.085

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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.
  • Property: includes real and personal property. See Missouri Laws 1.020
  • State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020

3. For purposes of this section, the term “rural electric cooperative” shall include an electrical corporation as defined in subsection 2 of section 393.110.

4. Nothing in this section shall be construed as conferring to the public service commission any regulatory jurisdiction not granted over any contract, or other form of joint or cooperative agreement, entered into under this section, or over the parties to such contract or agreement.

5. Nothing in this section shall be construed as diminishing the rights of property owners under the laws of this state.

6. If a distribution cooperative provides broadband services to its members, such cooperative shall offer the services to any property, which is traversed by the cooperative’s fiber which is utilized for the provision of broadband services to its members, within a reasonable amount of time from the initiation of the provision of such services.