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ROBERT L. EHRLICH, JR., Governor
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Ch. 269
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(e) (1) [Any] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, ANY amount set aside in the Transportation Authority Fund that is not
needed to provide for the payment of the items specified in subsections (a)(2) and (b)
of this section may be transferred, upon the recommendation of the Secretary and
after the approval of the Board of Public Works, to the Transportation Trust Fund to
be used as appropriated by the General Assembly unless prohibited by any applicable
resolution or trust agreement.
(2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, FOR
FISCAL YEAR 2008 ONLY, $10,000,000 OF THE FUNDS IN THE TRANSPORTATION
AUTHORITY FUND, WHICH ARE NOT REQUIRED BY LAW TO BE DISTRIBUTED TO THE
COUNTIES OR BALTIMORE CITY, AND WHICH HAVE NOT BEEN PLEDGED OR
OTHERWISE COMMITTED TO THE PAYMENT OF OR AS SECURITY FOR ANY BONDS OR
OTHER DEBT ISSUED OR INCURRED IN ACCORDANCE WITH THIS ARTICLE, SHALL BE
TRANSFERRED AND CREDITED TO THE RURAL BROADBAND ASSISTANCE FUND
UNDER ARTICLE 83A, § 5-1903 § 5-1902 OF THE CODE FOR THE BENEFIT OF ONE OR
MORE RURAL BROADBAND COOPERATIVES FORMED UNDER § 5-6C-01 OF THE
CORPORATIONS AND ASSOCIATIONS ARTICLE.
(II) THE TRANSFER OF FUNDS UNDER SUBPARAGRAPH (I) OF THIS
PARAGRAPH IS CONTINGENT ON THE FORMATION AND EXISTENCE OF AT LEAST ONE
RURAL BROADBAND COOPERATIVE IN THE STATE AS OF JUNE 30, 2007 THE AMOUNT
OF THE TRANSFER OF FUNDS UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL
BE REDUCED BY ANY AMOUNT OF STATE FUNDS THAT ARE APPROPRIATED IN THE
BUDGET. OR OTHERWISE AVAILABLE. TO THE DEPARTMENT OF BUSINESS AND
ECONOMIC DEVELOPMENT FOR FISCAL YEAR 2007 FOR THE PURPOSE OF ASSISTING
IN THE ESTABLISHMENT OF BROADBAND COMMUNICATION SERVICES IN RURAL AND
UNDERSERVED AREAS OF THE STATE.
[(2)] (3) The use and disposition of money to the credit of the
Transportation Authority Fund is subject to the provision of the applicable bond
authorizing resolution or trust agreement.
8-654.
(A) THE ADMINISTRATION SHALL ALLOW THE USE OF ANY RIGHT-OF-WAY
FOR THE INSTALLATION OF BROADBAND COMMUNICATION INFRASTRUCTURE
PROVIDED BY NONPROFIT TELECOMMUNICATIONS SERVICES PROVIDERS IN RURAL
AND UNDERSERVED AREAS OF THE STATE WITHOUT IMPOSITION OF ANY CHARGE
FOR THE USE OF THE RIGHT-OF-WAY.
[(2)] THE COST OF ANY RELOCATION OF BROADBAND COMMUNICATION
INFRASTRUCTURE DUE TO FUTURE ROAD IMPROVEMENTS SHALL BE THE
RESPONSIBILITY OF THE APPROPRIATE TELECOMMUNICATIONS SERVICES
PROVIDER
(C) THIS SECTION MAY NOT BE CONSTRUED TO LIMIT OR OTHERWISE AFFECT
ANY RIGHT GRANTED TO THE STATE OR A UNIT OF THE STATE UNDER § 253 OF THE
FEDERAL TELECOMMUNICATIONS ACT OF 1996 WITH REGARD TO FOR PROFIT
TELECOMMUNICATIONS SERVICES PROVIDERS.
- 1541 -
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