§ 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.)