South Carolina Code 58-9-3010. Definitions
(1) "Attached facility" means a broadband facility or a broadband network or any portion of a broadband network, in each case located substantially:
Terms Used In South Carolina Code 58-9-3010
- Broadband affiliate: means a broadband service provider that is a separate legal entity from any electric cooperative but is wholly or partially owned by one or more electric cooperatives, or is controlled by, controls, or is under common control with one or more electric cooperatives. See South Carolina Code 58-9-3010
- Broadband facility: means any infrastructure used to deliver broadband service or for the provision of broadband service. See South Carolina Code 58-9-3010
- Broadband network: means any and all infrastructure, equipment, materials, or component parts thereof that may be used to provide landline or wireless broadband service, whether now existing or that may be developed in the future including, but not limited to, wires; cables, including fiber optic and copper cables; conduits to the extent not prohibited by the National Electric Safety Code; antennas; equipment; fixtures; switching multiplexers; poles; routers; switches; servers; appurtenances; facilities; or other equipment, whether ancillary, auxiliary, or otherwise used to facilitate the provision of landline or wireless broadband service. See South Carolina Code 58-9-3010
- Broadband service: means a landline or wireless service that meets the definition of "broadband service" in § 58-9-10(17) and that has minimum download speeds of 25 megabits per second and minimum upload speeds of 3 megabits per second. See South Carolina Code 58-9-3010
- Broadband service provider: means :
(a) a person that provides retail broadband service to end-user customers; and
(b) an existing broadband service provider. See South Carolina Code 58-9-3010 - Commission: means the Public Service Commission of South Carolina. See South Carolina Code 58-9-3010
- 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.
- Electric cooperative: means an electric cooperative organized under Chapter 49 of Title 33. See South Carolina Code 58-9-3010
- Electric easement: means a recorded or unrecorded easement or right-of-way or similar right in or to real property, including prescriptive rights, no matter how acquired, held by any electric provider for the siting of electric service infrastructure or for the purpose of delivering electric service, regardless of whether an electric cooperative's broadband affiliate or another broadband service provider uses the easement or other right to provide broadband service. See South Carolina Code 58-9-3010
- Electric provider: means an electric cooperative, an investor-owned electric utility, and the South Carolina Public Service Authority. See South Carolina Code 58-9-3010
- 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.
- Person: means any natural person and any firm, association, corporation business trust, partnership, federal agency, state or political subdivision or agency thereof, or any body politic. See South Carolina Code 58-9-3010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Retail broadband service: means any broadband service other than that provided for:
(a) the internal use of an electric cooperative;
(b) the internal use of another electric cooperative;
(c) resale by another electric cooperative or other broadband service provider; or
(d) use as a component part of communications services that other cable, telecommunications, or information services providers offer to their customers. See South Carolina Code 58-9-3010
(a) aboveground and attached to an electric cooperative‘s electric service infrastructure; or
(b) underground in an electric easement.
(2) "Broadband affiliate" means a broadband service provider that is a separate legal entity from any electric cooperative but is wholly or partially owned by one or more electric cooperatives, or is controlled by, controls, or is under common control with one or more electric cooperatives.
(3) "Broadband facility" means any infrastructure used to deliver broadband service or for the provision of broadband service.
(4) "Broadband network" means any and all infrastructure, equipment, materials, or component parts thereof that may be used to provide landline or wireless broadband service, whether now existing or that may be developed in the future including, but not limited to, wires; cables, including fiber optic and copper cables; conduits to the extent not prohibited by the National Electric Safety Code; antennas; equipment; fixtures; switching multiplexers; poles; routers; switches; servers; appurtenances; facilities; or other equipment, whether ancillary, auxiliary, or otherwise used to facilitate the provision of landline or wireless broadband service.
(5) "Broadband service" means a landline or wireless service that meets the definition of "broadband service" in § 58-9-10(17) and that has minimum download speeds of 25 megabits per second and minimum upload speeds of 3 megabits per second.
(6) "Broadband service provider" means:
(a) a person that provides retail broadband service to end-user customers; and
(b) an existing broadband service provider.
(7) "Commission" means the Public Service Commission of South Carolina.
(8) "Communications service provider" means a person that provides communications service as defined in § 58-9-2610(B).
(9) "Electric easement" means a recorded or unrecorded easement or right-of-way or similar right in or to real property, including prescriptive rights, no matter how acquired, held by any electric provider for the siting of electric service infrastructure or for the purpose of delivering electric service, regardless of whether an electric cooperative’s broadband affiliate or another broadband service provider uses the easement or other right to provide broadband service.
(10) "Electric cooperative" means an electric cooperative organized under Chapter 49 of Title 33.
(11) "Electric provider" means an electric cooperative, an investor-owned electric utility, and the South Carolina Public Service Authority.
(12) "Existing broadband service provider" means a person that was providing broadband service as defined in § 58-9-10(17) on the effective date of this article.
(13) "FCC" means the Federal Communications Commission or its successor.
(14) "Make-ready" means the modification or replacement of an electric cooperative’s infrastructure or of the lines or equipment on the electric cooperative’s infrastructure to accommodate additional attached facilities.
(15) "Person" means any natural person and any firm, association, corporation business trust, partnership, federal agency, state or political subdivision or agency thereof, or any body politic.
(16) "Retail broadband service" means any broadband service other than that provided for:
(a) the internal use of an electric cooperative;
(b) the internal use of another electric cooperative;
(c) resale by another electric cooperative or other broadband service provider; or
(d) use as a component part of communications services that other cable, telecommunications, or information services providers offer to their customers.