Maryland § 5-642

§ 5-642.

    (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.