A telephone cooperative operating in accordance with this chapter has all the powers conferred on private corporations by Section 33-3-102 unless restricted herein or by the bylaws of the telephone cooperative. A telephone cooperative also has the power to:
(1) construct, maintain, and operate lines for communications and information services along, upon, under, and across all public thoroughfares including, without limitation of the generality of the foregoing, all roads, highways, streets, alleys, bridges, and causeways, and upon, under, and across all publicly-owned lands, subject, however, to the requirements in respect to the use of such thoroughfares and lands that are imposed by the respective authorities having jurisdiction thereof upon corporations constructing or operating telephone lines or systems;
(2) become a member in one or more other cooperatives or corporations or to own shares therein;
(3) provide communication services including, but not limited to, the transmission of voice, sounds, signals, pictures, writing, or signs of all kinds through the use of electricity or the electromagnetic spectrum between the transmitting and receiving apparatus, together with any telecommunication services requiring band-width capacity, community antenna, and cable television services and including all lines, wires, radio, lights, electromagnetic impulse, and all facilities, systems, or other means used in the rendition of such services, but not including message telegram services or radio broadcasting services or facilities within the meaning of Section 3(o) of the Federal Communications Act of 1934, as amended (47 USC Section 153(o));
(4) construct, purchase, take, receive, lease as lessee, or otherwise acquire, to own, hold, use, equip, maintain, and operate, and to sell, assign, transfer, convey, exchange, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber communication lines or systems, lands, buildings, structures, plants, and equipment and any and all kinds and classes of real or personal property whatsoever considered necessary, convenient, or appropriate to accomplish the purpose for which the telephone cooperative is organized;
(5) purchase or otherwise acquire, to own, hold, use, and exercise, and to sell, assign, transfer, convey, mortgage, pledge, hypothecate, or otherwise dispose of or encumber franchises, rights, privileges, licenses, rights-of-way, and easements;
(6) borrow money and otherwise contract indebtedness, to issue notes, bonds, and other evidences of indebtedness therefor and to secure the payment thereof by mortgage, pledge, deed of trust, or any other encumbrance upon any or all of its then-owned or after-acquired real or personal property, assets, franchises, revenues, or income;
(7) exercise the power of eminent domain;
(8) conduct its business and exercise any or all of its powers within or without this State;
(9) do and perform any and all other acts and things and to exercise any and all other powers that may be necessary, convenient, or appropriate to accomplish the purpose for which the telephone cooperative is organized.
HISTORY: 1994 Act No. 392, Section 1.
Structure South Carolina Code of Laws
Title 33 - Corporations, Partnerships and Associations
Chapter 46 - Telephone Cooperative Act
Section 33-46-10. Short title.
Section 33-46-20. Definitions.
Section 33-46-30. Notice of meeting; waiver.
Section 33-46-40. Subject to jurisdiction of Public Service Commission; rights and privileges.
Section 33-46-50. Title 35 not applicable to indebtedness.
Section 33-46-60. Construction of chapter.
Section 33-46-70. No repeal of provisions by implication.
Section 33-46-80. Subject to tax laws for cooperatives.
Section 33-46-100. Rights, privileges, and responsibilities.
Section 33-46-220. Organization.
Section 33-46-230. Articles of incorporation.
Section 33-46-240. Naming of telephone cooperative.
Section 33-46-300. Powers of telephone cooperatives.
Section 33-46-310. Representation of ownership interests; voting.
Section 33-46-320. Bylaws; adoption, amendment, or repeal; contents.
Section 33-46-330. Sale of assets; procedures.
Section 33-46-340. Authority to mortgage or pledge of security of assets.
Section 33-46-400. Membership of telephone cooperative.
Section 33-46-430. Voting procedures.
Section 33-46-450. Entitlement to vote; voting by proxy.
Section 33-46-470. Members and their property exempt from liability for cooperative's debts.
Section 33-46-500. Number and qualifications of directors; removal and election of successors.
Section 33-46-510. Implementation or exercise of emergency bylaws and powers.
Section 33-46-530. Indemnification of expenses of successful director's defense or proceeding.
Section 33-46-540. General standards for directors.
Section 33-46-550. Directors from different districts in service area; staggered elections.
Section 33-46-600. Requirements for amending articles of incorporation.
Section 33-46-610. Change of location of principal office; filing of certificate.
Section 33-46-620. Consolidation of cooperatives.
Section 33-46-630. Merging of cooperatives.
Section 33-46-640. Effect of consolidation or merger.
Section 33-46-650. Merger of telephone cooperative into different corporation.
Section 33-46-700. Dissolution of telephone cooperative prior to commencement of business.
Section 33-46-710. Dissolution of telephone cooperative which has commenced business.
Section 33-46-720. Recommendation of dissolution; membership vote; meeting; notice.
Section 33-46-730. Certificate of election to dissolve.
Section 33-46-740. Filing of certificate and affidavit.
Section 33-46-750. Notice of winding up proceedings.
Section 33-46-760. Directors' powers to settle affairs.
Section 33-46-770. Execution of articles of dissolution.
Section 33-46-800. Conversion of existing corporation into telephone cooperative.
Section 33-46-810. Proposed articles of conversion; contents; approval.
Section 33-46-820. Vote of members on proposed articles of conversion.
Section 33-46-830. Approved articles of conversion; execution.