§ 517. Line extensions

(a) A company may enter into agreements under this section with government, nonprofit, or private entities, including projects authorized or affiliated with the Vermont Telecommunications Authority, a municipality or fire district pursuant to 20 V.S.A. § 2601, or a regional aggregation and deployment project, to satisfy cable television line extension requirements.

(b) Upon petition of a company, the Commission shall modify the line extensions that a company would otherwise be required to construct if the company agrees to undertake alternative actions, including the extension of facilities that support alternative technologies for delivering broadband to users. Copies of the petition shall be filed with the Department and the Vermont Telecommunications Authority. The Commission shall approve such alternative methods of satisfying line extension requirements after notice and opportunity for hearing if it finds the petition promotes the general good of the State. In reaching its determination, the Commission shall consider whether the company's proposal:

(1) is consistent with the activities and initiatives of the Vermont Telecommunications Authority;

(2) is likely to provide broadband access to a greater number of unserved consumers than would the foregone cable television line extension requirements;

(3) supports the expansion of broadband services at prices and service levels comparable to those commonly available throughout the State, but not less than the minimum technical service characteristics required by section 8077 of this title;

(4) provides a fair balancing of the benefits to the public compared to benefits realized by the company; and

(5) the modified line-extension obligations will not unreasonably affect the time at which customers to whom a company would otherwise be obligated to extend cable services will have access to broadband services.

(c) This section shall not apply to line extensions previously identified and planned for construction as of June 9, 2007.

(d) The Commission shall not require a company to overbuild another company, or provide cable television service to locations served by another company or to which another company is required to extend cable television service.

(e) Notwithstanding any other provision of this section, the Commission may require the construction of cable television line extensions when a company receives a bona fide request for service from a reasonable number of verified customers or with reasonable contributions in aid of construction from customers.

(f) Notwithstanding any other provision of this section, the line extension construction obligation for additional miles identified in Paragraph 41 of Comcast Communication's certificate of public good, granted by the Public Utility Commission, of September 27, 2006, may be modified only with the approval of the Commission. (Added 2007, No. 79, § 5a, eff. June 9, 2007.)