Vermont § 1913 - Communications plant; operation and regulation

§ 1913. Communications plant; operation and regulation

• (a) A municipality shall operate its communications plant in accordance with the applicable
  State and federal law and regulation, and chapter 53 of this title, relating to municipal
  indebtedness, with regard to the financing, improvements, expansion, and disposal
  of the municipal communications plant and its operations. However, the powers conferred
  by such provisions of law shall be supplemental to, construed in harmony with, and
  not in restriction of, the powers conferred in this chapter. (b) A municipality’s operation of any communications plant shall be supported solely by
  the revenues derived from the operation of such communications plant, except that
  portion which is used for its own municipal purposes. (c) A municipality may finance any capital improvement related to its operation of such
  communications plant for the benefit of the people of the municipality in accordance
  with the provisions of chapter 53 of this title, provided that revenue-backed bonds
  shall be paid from net revenues derived from the operation of the communications plant. (d) Any restriction regarding the maximum outstanding debt that may be issued in the form
  of general obligation bonds shall not restrict the issuance of any bonds issued by
  a municipality and payable out of the net revenues from the operation of a public
  utility project under chapter 53, subchapter 2 of this title. (e) To the extent that a municipality constructs communication infrastructure with the
  intent of providing communications services, whether wholesale or retail, the municipality
  shall ensure that any and all losses from these businesses, or in the event these
  businesses are abandoned or curtailed, any and all costs associated with the investment
  in communications infrastructure, are not borne by the municipality’s taxpayers. (f) Notwithstanding any other provision of law to the contrary, a municipality may enter
  into a public-private partnership for the purpose of exercising its authority under
  this subchapter regarding the provision of communications services. A municipality
  may contract with a private entity to operate and manage a communications plant owned
  by the municipality or may contract with a private entity to co-own, operate, or manage
  a communications plant. A communications plant that is the subject of a public-private
  partnership authorized by this subsection may be financed in whole or in part pursuant
  to this chapter and chapter 53, subchapter 2 of this title, provided the municipality
  first issues a request for proposals seeking an internet service provider to serve
  or to assist with serving unserved and underserved locations targeted by the issuing
  municipality. The terms of such a partnership shall specify that the owner or owners
  of the communications plant, as applicable, shall be responsible for debt service. (Added 2007, No. 79, § 4, eff. June 9, 2007; amended 2019, No. 79, § 13, eff. June 20, 2019.)