2021 South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
Chapter 9 - Telephone, Telegraph And Express Companies
Section 58-9-3010. Definitions.

As used in this article, unless the context otherwise requires:

(1) "Attached facility" means a broadband facility or a broadband network or any portion of a broadband network, in each case located substantially:

(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 Section 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 Section 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, 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 Section 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.

HISTORY: 2020 Act No. 175 (H.3780), Section 1, eff September 29, 2020.

Editor's Note

2020 Act No. 175, Section 6, provides as follows:

"SECTION 6. This act does not convey or confer any implied or express grant of authority to an investor-owned electric utility to provide broadband facilities or broadband services as defined in this act and any legal rights which may or may not belong to investor-owned electric utilities to provide broadband facilities or broadband services at the time of the passage of this act are neither expanded nor contracted by its passage."