Effective - 28 Aug 2018
394.085. High-speed broadband communications, general assembly declaration on, intent — rural electric cooperative defined — construction of law — offering of services, requirement. — 1. The general assembly declares that expanding and accelerating access to high-speed broadband communications services throughout the entire state of Missouri is necessary, desirable, in the best interests of the citizens of this state, and that it is a public purpose of great importance.
2. In recognition that the high capital cost of deploying fiber optics technologies to provide broadband communications services impedes access to such services, and the rural electric cooperatives deploy fiber optics technologies for use in the operation of their electric system infrastructure, it is the intent of the general assembly to facilitate and to encourage rural electric cooperatives and their affiliates, either collectively, or individually, to continue to enter into and establish voluntary contracts or other forms of joint or cooperative agreements for the use of rural electric cooperative infrastructure in providing access to broadband services.
3. For purposes of this section, the term "rural electric cooperative" shall include an electrical corporation as defined in subsection 2 of section 393.110.
4. Nothing in this section shall be construed as conferring to the public service commission any regulatory jurisdiction not granted over any contract, or other form of joint or cooperative agreement, entered into under this section, or over the parties to such contract or agreement.
5. Nothing in this section shall be construed as diminishing the rights of property owners under the laws of this state.
6. If a distribution cooperative provides broadband services to its members, such cooperative shall offer the services to any property, which is traversed by the cooperative's fiber which is utilized for the provision of broadband services to its members, within a reasonable amount of time from the initiation of the provision of such services.
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(L. 2018 H.B. 1880)
Structure Missouri Revised Statutes
Title XXV - Incorporation and Regulation of Certain Utilities and Carriers
Chapter 394 - Rural Electric Cooperatives
Section 394.010 - Designation of chapter.
Section 394.020 - Definitions.
Section 394.030 - Formation of cooperative corporations authorized.
Section 394.040 - Who may organize.
Section 394.050 - Articles of incorporation — where filed.
Section 394.060 - Name of cooperative shall include what.
Section 394.070 - Corporation may become subject to provisions of chapter, how.
Section 394.080 - Powers, generally — may supply energy to certain cities, towns and villages, when.
Section 394.090 - Articles may be amended, how.
Section 394.100 - Articles to be filed with secretary of state.
Section 394.110 - Bylaws to be adopted.
Section 394.130 - Territory supplied by cooperative may be divided into voting districts.
Section 394.140 - Directors to manage cooperative.
Section 394.150 - Officers — removal.
Section 394.170 - Revenues of cooperative — disposition.
Section 394.180 - Sale of property by cooperative — membership approval required.
Section 394.190 - Effect of mortgage or deed of trust executed by cooperative.
Section 394.210 - Cooperatives may consolidate, how.
Section 394.220 - Cooperatives may merge, how.
Section 394.230 - Effect of consolidation or merger.
Section 394.240 - Dissolution of cooperative — procedure.
Section 394.250 - Fees to be collected by director of revenue.
Section 394.270 - Members not to be liable for debts of cooperative.
Section 394.280 - Provisions of securities law not to apply.
Section 394.290 - Acknowledgments, who may take.
Section 394.300 - Waiver of notice shall be deemed equivalent to such notice, when.