§ 23-18-806 - Fees and charges.
               	 		
23-18-806.    Fees and charges.
    (a)  An  electric utility may charge a broadband affiliate, an unaffiliated  broadband Internet service provider, or a broadband operator for the  costs of the construction, installation, operation, and maintenance of  the broadband system of the broadband affiliate, unaffiliated broadband  Internet service provider, or broadband operator.
(b)    (1)  The  costs incurred by an electric utility to own, operate, construct, and  maintain a broadband system and to provide broadband services on its  electric delivery system either by itself or through a broadband  affiliate or broadband operator shall be allocated to the electric  utility's accounts between regulated broadband services and nonregulated  broadband services in accordance with applicable accounting principles  and standards.
      (2)    (A)  Costs allocated to nonregulated broadband services:
                  (i)  Are outside the scope of an electric utility's providing of electric service to the public;
                  (ii)  Shall not be recoverable through its rates for the providing of electric service; and
                  (iii)  Are not subject to the jurisdiction of the state or any agency, instrumentality, or political subdivision of the state.
            (B)  Revenues  received by an electric utility attributable to the providing of  nonregulated broadband services shall not be included as revenues to the  electric utility for purposes of establishing its rates for the  providing of electric service.
(c)    (1)  If  all or part of a broadband system is installed on poles or other  structures of a telephone utility and the broadband operator is  unaffiliated with the electric utility that owns the electric delivery  system, before installing equipment the unaffiliated broadband operator  shall enter into the customary agreement used by the telephone utility  for access to the electrical delivery system and shall pay the telephone  utility an annual fee consistent with the usual and customary charges  for access to the space occupied by that portion of the broadband  system.
      (2)  If all or part of a  broadband system is installed on poles or other structures of a  telephone utility and the broadband operator is an electric utility or  broadband affiliate, the existing contract governing placement of the  electric utility's attachments on poles or other structures shall apply  and no additional annual fee or approval shall be required if the  broadband system is installed within the space allocated for electric  service under the contract.
(d)  An electric utility shall not:
      (1)  Charge  an affiliate under this section an amount less than the electric  utility would charge an unaffiliated entity for the same item or class  of items; or
      (2)  Pay an affiliate  under this section an amount more than the affiliate would charge an  unaffiliated entity for the same item or class of items.
(e)  A  transaction between an electric utility and an affiliate and  allocations between an electric utility account and a nonutility account  with respect to broadband services and broadband systems are subject to  this subchapter.