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§ 5-654. Notice required before construction of conducting or communication facilities

West's Annotated Code of MarylandCorporations and AssociationsEffective: May 8, 2020

West's Annotated Code of Maryland
Corporations and Associations
Title 5. Special Types of Corporations (Refs & Annos)
Subtitle 6. Electric Cooperatives
Part VII. Miscellaneous Provisions (Refs & Annos)
Effective: May 8, 2020
MD Code, Corporations and Associations, § 5-654
Formerly cited as Corporations and Associations 5-641.1
§ 5-654. Notice required before construction of conducting or communication facilities
Currentness
“Electric easement” defined
(a) In this section, “electric easement” means an easement held by a cooperative for the siting of electric facilities, regardless of whether the easement is for the exclusive benefit of the cooperative or for use by other utility companies.
Application of section
(b) This section applies only to a cooperative in the exercise of its authority under § 5-607(a)(12) of this subtitle to construct, maintain, or operate conducting or communications facilities within an electric easement that does not expressly provide for the construction, maintenance, or operation of conducting or communications facilities within the easement.
In general
(c)(1) Except as provided in paragraph (3) of this subsection, a cooperative shall give notice to each owner of property subject to an electric easement at least 60 days before the cooperative:
(i) Constructs conducting or communications facilities within the easement; or
(ii) Makes capacity available for telecommunications, broadband Internet access, or related services within the electric easement.
(2) The cooperative shall give the notice required under this subsection by:
(i) Posting notice on the cooperative's website; and
(ii) Including the notice with billing information such as a bill insert or bill message.
(3) The cooperative shall give the notice required under this section at the next following annual member meeting of the cooperative after the notice has been given under paragraph (2) of this subsection.
(4) The notice shall contain:
(i) A statement indicating the cooperative's intent to use the electric easement by:
1. Constructing new conducting or communications facilities; or
2. Making capacity available for telecommunications, broadband Internet access, or related services through existing facilities; and
(ii) A written plan for making broadband Internet service available within the cooperative's service territory.

Credits

Added as Corporations and Associations § 5-641.1 by Acts 2019, c. 277, § 1, eff. Oct. 1, 2019. Renumbered as Corporations and Associations 5-654 by Acts 2020, c. 606, § 1, eff. May 8, 2020.
MD Code, Corporations and Associations, § 5-654, MD CORP & ASSNS § 5-654
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document