§ 5-654
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/md/corporations-and-associations/5-654·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–654.
(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.
(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.
(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.