Oklahoma § 17-139.302 - Use of electric service easements for supplying

§ 17-139.302. Use of electric service easements for supplying

broadband services.

A. Any easement owned, held or otherwise used by an Electric

Provider for the purpose of electric services may also be used by

that Electric Provider or its broadband subsidiary,

Telecommunications Provider or other Approved Broadband Provider,

for the purpose of supplying Broadband Services.

B. Notwithstanding the provisions of Section 2023 of Title 12

of the Oklahoma Statutes, a class action lawsuit may not be

maintained against an Electric Provider or its broadband subsidiary

Oklahoma Statutes - Title 17. Corporation Commission

in a suit for trespass, nuisance or inverse condemnation based on a

claim of expanded use of an easement where the broadband facilities

are located on an easement owned, held or otherwise used by an

Electric Provider. In a suit of trespass, nuisance or inverse

condemnation against an Electric Provider or its broadband

subsidiary, based on a claim of expanded use of an easement, any

trespass, nuisance or condemnation found to exist shall be deemed

permanent and the actual damages awarded shall be the fair market

value which, notwithstanding any other provision of law, shall

always be greater than zero (0), but shall not exceed the difference

between the fair market value of the property owner's entire

property immediately before the taking and the fair market value of

the property owner's property immediately after the taking. In such

a suit, evidence of revenues or profits derived, or the rental value

of use of the attached broadband facilities, shall not be admissible

in determining fair market value. A property owner's actual damages

shall be fixed at the time of the initial broadband installation and

shall not be deemed to continue, accumulate or accrue. Upon payment

of damages, the Electric Provider and/or its broadband subsidiary

and/or the Telecommunications Provider and/or Approved Broadband

Provider shall be granted a permanent easement for the use,

replacement, and maintenance of the facilities installed.

C. An Approved Broadband Provider or a Telecommunications

Provider with a valid pole attachment agreement with the Electric

Provider to which it is attaching may use the Electric Provider's

easement for the purpose of providing Broadband Services.

Notwithstanding the provisions of Section 2023 of Title 12 of the

Oklahoma Statutes, a class action lawsuit may not be maintained

against an Approved Broadband Provider, Electric Provider, its

broadband subsidiary, or Telecommunications Provider in a suit for

trespass, nuisance or inverse condemnation based on a claim of

expanded use of an easement where the broadband facilities are

located on infrastructure owned, held or otherwise used by an

Electric Provider. In a suit for trespass, nuisance or inverse

condemnation against an Approved Broadband Provider, Electric

Provider, its broadband subsidiary, or Telecommunications Provider,

based on a claim of expanded use of an easement by the Electric

Provider or Approved Broadband Provider, any trespass, nuisance or

condemnation found to exist shall be deemed permanent and the actual

damages awarded shall be the fair market value which,

notwithstanding any other provision of law, shall always be greater

than zero (0), but shall not exceed the difference between the fair

market value of the property owner's entire property immediately

before the taking and the fair market value of the property owner's

property immediately after the taking. In such a suit, evidence of

revenues or profits derived, or the rental value of use of the

attached broadband facilities, shall not be admissible in

Oklahoma Statutes - Title 17. Corporation Commission

determining fair market value. A property owner's actual damages

shall be fixed at the time of the initial broadband installation and

shall not be deemed to continue, accumulate or accrue. Upon payment

of damages, the Approved Broadband Provider, Electric Provider, its

broadband subsidiary, or Telecommunications Provider shall be

granted a permanent easement for the use, replacement and

maintenance of the facilities installed.

Added by Laws 2023, c. 230, § 2, eff. Nov. 1, 2023.