2022 Code of Alabama
Title 37 - Public Utilities and Public Transportation.
Chapter 16 - Broadband Using Electric Easements Accessibility Act.
Section 37-16-3 - Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) 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. The term also includes broadband systems and broadband services.
(2) 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.
(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.
(4) BROADBAND SERVICE PROVIDER. A person that provides broadband services on a retail basis to end-use customers.
(5) 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. To provide access to the Internet.
b. To provide computer processing, information sharing, information storage, information content, or protocol conversion, including any service application or information service over the electric delivery system of an electric provider, and includes any advanced communications capabilities that enable users to originate, send, and receive high-quality voice, data, graphics, video programming, and video communications using any technology including a broadband system.
(6) 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.
(7) COMMISSION. The Alabama Public Service Commission.
(8) 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.
(9) 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. Electric easements include, but are not limited to, easements obtained under a law of this state, or by any of the following methods: Negotiation, condemnation, prescription, or grant, including, but not limited to, a grant pursuant to a bylaw provision, service agreement, or membership agreement, rate schedule, tariff, rule, regulation, practice, act, requirement, or privilege.
(10) ELECTRIC PROVIDER. A utility, as defined under paragraph a. of subdivision (7) of Section 37-4-1; or a cooperative nonprofit, membership organization formed, incorporated, or reincorporated under Chapter 6 of Title 37, that produces, generates, transmits, delivers, distributes, or furnishes electricity; or any board, authority, or public corporation incorporated or organized under Article 9, Article 15, or Article 16 of Chapter 50 of Title 11, for the operation of an electric distribution system; or a municipal corporation that operates an electric distribution system.
(11) NONUTILITY SUPPORT SERVICES. Broadband services and related services that support services, uses, or purposes other than utility support services.
(12) PERSON. An individual, trust, estate, corporation, partnership, limited partnership, limited liability partnership, or limited liability company having a separate legal existence under state law.
(13) 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. Automated meter reading.
b. Real-time or other system monitoring.
c. Remote service control.
d. Outage detection and restoration.
e. Predictive maintenance and diagnostics.
f. Monitoring and enhancement of power quality, load control, voltage control, and flow.
g. Supervisory control and data acquisition.
h. Management and flow of electricity.
i. Internal communications.
j. Dispatch, start-up, ramping, shutdown, curtailment, scheduling, or control of electric generation, transmission, or distribution of resources or ancillary services relating thereto, including, but not limited to, generator imbalance, spinning and non-spinning reserves, and reserve sharing.
k. All other uses supporting the reliability, resilience, and security of the electric delivery system.
(Act 2019-326, §1.)