WEST virginia legislature

2018 regular session

Introduced

House Bill 4629

By Delegates Hanshaw, Harshabrger, byrd, robinson, r. miller, pushkin, Sobonya, hollen, canestraro, lane, and zatezalo

[Enter References]

A BILL to repeal §31G-1-10, of the Code of West Virginia, 1931, as amended; to amend and reenact §31G-2-1 of said Code; and to repeal §31G-4-1, §31G-4-2, and §31G-4-3 of said Code; all relating to broadband enhancement and expansion policies generally; repealing language relating to pilot project for cooperative associations by political subdivisions; providing that a political subdivision of this state may be a qualified person for the purposes of forming a cooperative association; and repealing the article setting forth provisions relating to make ready pole access.

Be it enacted by the Legislature of West Virginia:

CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES

ARTICLE 1. BROADBAND ENHANCEMENT COUNCIL.

§31G-1-10. Pilot Project for cooperatives by political subdivisions.

[Repealed].

ARTICLE 2. COOPERATIVE ASSOCIATIONS.

§31G-2-1. Definitions.

As used in this article:

(1) “Cooperative association” or “association” means any corporation organized under this article. Each association shall also comply with the requisite business corporation provisions of chapter thirty-one-d or thirty-one-f of this code, or the nonprofit corporation provisions of chapter thirty-one-e of this code.

(2) “Internet services” means providing access to, and presence on, the internet and other services. Data may be transmitted using several technologies, including dial-up, DSL, cable modem, wireless, or dedicated high-speed interconnects.

(3) “Member” means a member of an association without capital stock and a holder of common stock in an association organized with capital stock.

(4) “Qualified person” means a person who is engaged in the use of internet services, either in an individual capacity, as a political subdivision of this state, or as a business.

(5) “Qualified activity” means using internet services.

ARTICLE 4. MAKE-READY POLE ACCESS.

§31G-4-1. Definitions.

[Repealed].

§31G-4-2. Attachment to third party facilities.

[Repealed].

§31G-4-3. Exceptions.

[Repealed].

NOTE: The purpose of this bill is to permit political subdivisions to be members of cooperative associations and to repeal certain provisions.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.