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Maryland Code, Corporations and Associations § 5-642

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

(b)(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.

(c)(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.

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Cite this article: FindLaw.com - Maryland Code, Corporations and Associations § 5-642 - last updated January 01, 2025 | https://codes.findlaw.com/md/corporations-and-associations/md-code-corp-and-assns-sect-5-642/

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