§ 245-22. Communications plant; operation and regulation

(a) The Village's operation of its communications plant, as defined herein, shall take place in accordance with the applicable State and federal law and regulation, and 24 V.S.A. chapter 53, 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 charter.

(b) The Village's operation of any communications plant shall at all times be supported solely by the revenues derived from the operation of such communications plant, except in instances, and then only to the extent that, such communications plant serves a function of the Village's other operations for which communications are merely an ancillary component.

(c) With specific reference to the legislative authorization contained in 24 V.S.A. §§ 1821-1828, entitled "Indebtedness for Public Utility Purposes," the Village is permitted to issue revenue-backed bonds or general obligation bonds for any capital improvement purpose related to its operation of such communications plant for the benefit of the people of the Village, provided each such issue of bonds is approved in accordance with law, and that the payment of obligations on such revenue-backed bonds is explicitly restricted to net revenues derived from the operation of the communications plant.

(d) Any restriction in this charter or the general law 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 the Village and payable out of the net revenues from the operation of a public utility project. The activities of the Village in connection with the powers conferred herein shall be subject to regulation to the extent required by Title 30 and other applicable law, but only to the extent that the Village is engaging in activities that are specifically subject by law to regulation. The Public Utility Commission shall at all times exercise its regulatory powers in such a manner as to permit the Village to fulfill all of its prudently incurred obligations, including its obligations to the holders of the bonds issued by the Village.

(e) Any certificate issued to the Village for a cable television franchise shall contain terms or conditions that are consistent with this section, and, with a goal of establishing competitive neutrality, shall establish terms and conditions consistent with those imposed on existing certified cable television systems, after evaluating factors including payment of pole attachment and rental fees, and the provision of public access channels, equipment, and facilities.

(f) Any certificate issued to the Village for telecommunications services defined under Title 30 shall contain terms or conditions that are consistent with this section, and, with a goal of establishing competitive neutrality, shall establish terms and conditions consistent with those imposed on existing telecommunications carriers, after evaluating factors including payment of pole attachment and rental fees.