SB438 Alabama 2015 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Session

Regular Session 2015

Title

Public providers of municipal telecommunication services, certain restrictions removed and delivery of services further provided for, Sec. 11-50B-3 am'd.

Summary

SB438 would remove geographic and coverage restrictions on public, municipal telecom providers in Alabama, allowing expanded service areas and a broader range of cable, Internet, and advanced telecom services.

What This Bill Does

Expands where a public provider that is a municipality or municipal instrumentality can operate to include the municipal planning commission territory and areas where the municipality furnishes or sells utilities. Allows public providers to furnish and operate cable systems, telecommunications equipment and systems, and offer cable service, interactive computer service, Internet access, other Internet services, and advanced telecommunications service (or any combination) without the previous coverage-area limits. Permits public providers to deliver Internet-related and other specified services directly to the public, and to lease unused cable systems and telecom equipment to others, with lease terms up to 25 years.

Who It Affects

• Residents and businesses within the municipality’s planning area and utility-service areas who could receive expanded cable, Internet, and advanced telecom services from public providers.
• Municipalities and municipal instrumentalities (and their departments/agencies, public schools within jurisdiction, and related public entities) that gain broader authority to build, lease, and operate these systems, and to provide associated services; telecommunications carriers and electric cooperatives that may access equipment on nondiscriminatory terms.

Key Provisions

• Expands service-area authority to inhabitants within the municipality’s planning commission territory and any area where the municipality provides utilities such as electricity, gas, water, or sewer.
• Authorizes public providers to acquire, establish, purchase, construct, maintain, enlarge, extend, lease, improve, and operate cable systems and telecommunications equipment and systems, and to furnish cable service, interactive computer service, Internet access, other Internet services, and advanced telecommunications service (no other telecommunications service beyond advanced).
• Public providers may directly furnish to the public Internet access, other Internet services, alarm monitoring, meter reading services, and billing/financial services; alarm installers used by public providers must follow licensure rules.
• Public providers may lease to others any unused cable systems and telecommunications equipment, with leases binding for up to 25 years and may couple leases with the provision of services.
• Requires nondiscriminatory, just and reasonable access to the public provider’s telecommunications equipment not needed for public use for requesting carriers and electric cooperatives, with terms set accordingly; and similar access requirements for the cooperative’s equipment.
• Public providers may supply equipment and services to municipalities’ departments/agencies, public schools, and related public entities within jurisdiction; preserves authority over rights-of-way and requires fair, reasonable, competitively neutral compensation for use of rights-of-way.
• Public providers and their installers must comply with Alabama Electronic Security Board of Licensure rules for alarm systems.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Telecommunications