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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
ENACTED
FACT SHEET FOR H.B. 2036/s.b. 1137
electric cooperatives; broadband service; fees
Purpose
Requires an electric cooperative nonprofit membership corporation (electric cooperative) to equally charge pole attachment fees to an unaffiliated video service provider or unaffiliated telecommunications provider and its affiliate for broadband service, if the providers are jointly attached to the same pole.
Background
An electric cooperative may be established by five or more individuals for the following purposes: 1) supplying, purchasing, marketing, selling, transmitting or distributing electric energy to persons and promoting and extending the use of electric energy; 2) providing services related or incidental to supplying, providing or transmitting electric energy; 3) engaging in activities designed to promote rural economic development; 4) engaging in activities for any lawful purpose; and 5) providing broadband service to areas in which the cooperative provides electric energy services (A.R.S. Title 10, Chapter 19, Article 2).
The electric cooperative or its affiliate may construct, operate, maintain, lease and license fiber optic cables and other facilities to provide broadband service over, under, across, on or along real or personal property, rights-of-way, easements and licenses and other property rights that are owned, held or used by the cooperative, including easement or other property rights owned, held or used by the cooperative to provide electricity or other services (A.R.S. § 10-2057).
There is no anticipated fiscal impact to the state general fund associated with this legislation.
Provisions
1. Requires a pole attachment agreement between an electric cooperative and an affiliate for broadband service that includes attachment to the cooperative's poles to require that pole attachment fees are charged equally to an unaffiliated video service provider or unaffiliated telecommunications provider and the affiliate, if the affiliate and unaffiliated provider are jointly attached to the same pole.
2. Defines telecommunications provider and video service provider.
3. Makes technical changes.
4. Becomes effective on the general effective date.
House Action Senate Action
NREW 1/19/21 DP 10-0-0-0 COM 1/20/21 DP 9-0-0
3rd Read 1/28/21 59-0-1 3rd Read 1/28/21 29-0-1
(H.B. 2036 was substituted for S.B. 1137 on
3rd Read)
Signed by the Governor 2/5/21
Chapter 3
Prepared by Senate Research
March 12, 2021
LB/kja