§ 5-642
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/md/corporations-and-associations/5-642·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–642.
(a)On or before December 1 each year, a member–regulated cooperative shall report to the Senate Finance Committee and the House Economic Matters Committee, in accordance with § 2–1257 of the State Government Article, on the status of the deployment of broadband Internet service to the member–regulated cooperative’s members.
(1)Except as provided under paragraph
(2)of this subsection, a member–regulated cooperative may not prohibit a telecommunications or cable service provider from accessing a pole, duct, conduit, right–of–way, or similar facility owned or controlled, in whole or in part, by the member–regulated cooperative.
(2)A member–regulated cooperative may deny access to a facility specified under paragraph
(1)of this subsection:
(i)On a nondiscriminatory basis; and
(ii)If the member–regulated cooperative determines that:
1. The facility does not have sufficient capacity to allow access; or
2. Allowing access would create safety, reliability, or engineering concerns.
(1)Subject to paragraph
(2)of this subsection, a member–regulated cooperative shall charge a reasonable rate for access to a facility specified under subsection (b)(1) of this section.
(2)A member–regulated cooperative may not charge a rate for access to a facility specified under subsection (b)(1) of this section that is more than the rates charged for access by a local exchange carrier, electric company, water company, or other utility operating in the member–regulated cooperative’s service area.