As used in this part 6, unless the context otherwise requires:

1. (1) Attached facility means a broadband facility, as defined in section 38-5.5-102 (2), or a broadband network or any portion of a broadband network, in each case located substantially:

   1. (a) Aboveground and attached to an electric utility's electric service infrastructure; or
   2. (b) Underground in an electric easement and existing before the delivery of notice pursuant to section 40-15-602 (2).
2. (2) Broadband affiliate means a commercial broadband supplier that is a separate legal entity from any electric utility but is controlled by, controls, or is under common control with an electric utility.
3. (3) Commercial broadband service means broadband service, as that term is defined in section 38-5.5-102 (1), or broadband internet service.

4. (4)

   1. (a) Commercial broadband supplier means:

      1. (I) A provider of broadband internet service or an existing broadband provider, as that term is defined in section 38-5.5-102 (3), or a person that intends to provide broadband internet service or broadband service; or
      2. (II) A person that directly or indirectly sells, leases, or otherwise transfers attached facilities or a right to install, operate, maintain, or use attached facilities for another person's provision of commercial broadband service or a person that intends to sell, lease, or otherwise transfer attached facilities or a right to install, operate, maintain, or use attached facilities.
   2. (b) Commercial broadband supplier does not include an electric utility.

5. (5) Electric easement means a recorded or unrecorded easement, right-of-way under section 38-4-103 or otherwise, or similar right in or to real property, including prescriptive rights, no matter how acquired, held by an electric utility for the siting of electric service infrastructure or for the purpose of delivering electric service, regardless of whether:

   1. (a) The easement or other right is exclusively for the provision of electric service or for use in connection with commercial broadband service, telecommunication service, or another purpose; or
   2. (b) The electric utility or a commercial broadband supplier uses the easement or other right to provide commercial broadband service.
6. (6) Electric utility has the meaning set forth in section 40-42-102 (8); except that the term does not include an investor-owned utility, a municipally owned utility, or a municipally owned power authority.
7. (7) Interest holder means a property owner or other person with an interest in the real property upon which an electric easement is located.
8. (8) Memorandum means a written instrument that includes, at a minimum, the name and address of the electric utility, the date on which the notice was mailed, and the information required to be included in a notice under section 40-15-602 (2)(b)(III) and (2)(b)(IV).
9. (9) Notice means a written letter substantially complying with the requirements set forth in section 40-15-602 (2)(b), which notice shall be deemed delivered on the date postmarked or otherwise time stamped.
10. (10) Person has the meaning set forth in section 40-1-102 (10).
11. (11) Property owner means a person with a recorded fee simple interest in real property upon which an electric easement is located.
12. (12) Request for notice means a written instrument recorded by an interest holder in compliance with the requirements set forth in section 40-15-602 (2)(c).

Source: L. 2019: Entire part added, (SB 19-107), ch. 424, p. 3704, § 1, effective August 2. L. 2021: (6) amended, (SB 21-072), ch. 329, p. 2114, § 3, effective June 24.