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ROBERT L. EHRLICH, JR, Governor
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H.B. 1156
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(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
authorising 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.
(B) 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.
SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the
General Assembly that procurement, installation, and operation of rural broadband
telecommunication services through rural broadband cooperatives in accordance with
this Act shall be accomplished with the assistance of federal financial aid and with
resource sharing with private entities to the greatest extent practicable.
SECTION 3. AND BE IT FURTHER ENACTED, That nothing in this Act may
be construed to impair or otherwise alter the authority of any cooperative other than
- 3793 -
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