Okla. Stat. tit. 17, § 17-139.302
This is the official text of Okla. Stat. tit. 17, § 17-139.302, part of Oklahoma’s Stat. tit. 17, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 17,." Browse the sections below, each linked to its official government source.
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Use of electric service easements for supplying
Official statutory text
broadband services.
A. Any easement owned, held or otherwise used by an Electric
Provider for the purpose of electric services may also be used by
that Electric Provider or its broadband subsidiary,
Telecommunications Provider or other Approved Broadband Provider,
for the purpose of supplying Broadband Services.
B. Notwithstanding the provisions of Section 2023 of Title 12
of the Oklahoma Statutes, a class action lawsuit may not be
maintained against an Electric Provider or its broadband subsidiary
Oklahoma Statutes - Title 17. Corporation Commission Page 79
in a suit for trespass, nuisance or inverse condemnation based on a
claim of expanded use of an easement where the broadband facilities
are located on an easement owned, held or otherwise used by an
Electric Provider. In a suit of trespass, nuisance or inverse
condemnation against an Electric Provider or its broadband
subsidiary, based on a claim of expanded use of an easement, any
trespass, nuisance or condemnation found to exist shall be deemed
permanent and the actual damages awarded shall be the fair market
value which, notwithstanding any other provision of law, shall
always be greater than zero (0), but shall not exceed the difference
between the fair market value of the property owner's entire
property immediately before the taking and the fair market value of
the property owner's property immediately after the taking. In such
a suit, evidence of revenues or profits derived, or the rental value
of use of the attached broadband facilities, shall not be admissible
in determining fair market value. A property owner's actual damages
shall be fixed at the time of the initial broadband installation and
shall not be deemed to continue, accumulate or accrue. Upon payment
of damages, the Electric Provider and/or its broadband subsidiary
and/or the Telecommunications Provider and/or Approved Broadband
Provider shall be granted a permanent easement for the use,
replacement, and maintenance of the facilities installed.
C. An Approved Broadband Provider or a Telecommunications
Provider with a valid pole attachment agreement with the Electric
Provider to which it is attaching may use the Electric Provider's
easement for the purpose of providing Broadband Services.
Notwithstanding the provisions of Section 2023 of Title 12 of the
Oklahoma Statutes, a class action lawsuit may not be maintained
against an Approved Broadband Provider, Electric Provider, its
broadband subsidiary, or Telecommunications Provider in a suit for
trespass, nuisance or inverse condemnation based on a claim of
expanded use of an easement where the broadband facilities are
located on infrastructure owned, held or otherwise used by an
Electric Provider. In a suit for trespass, nuisance or inverse
condemnation against an Approved Broadband Provider, Electric
Provider, its broadband subsidiary, or Telecommunications Provider,
based on a claim of expanded use of an easement by the Electric
Provider or Approved Broadband Provider, any trespass, nuisance or
condemnation found to exist shall be deemed permanent and the actual
damages awarded shall be the fair market value which,
notwithstanding any other provision of law, shall always be greater
than zero (0), but shall not exceed the difference between the fair
market value of the property owner's entire property immediately
before the taking and the fair market value of the property owner's
property immediately after the taking. In such a suit, evidence of
revenues or profits derived, or the rental value of use of the
attached broadband facilities, shall not be admissible in
Oklahoma Statutes - Title 17. Corporation Commission Page 80
determining fair market value. A property owner's actual damages
shall be fixed at the time of the initial broadband installation and
shall not be deemed to continue, accumulate or accrue. Upon payment
of damages, the Approved Broadband Provider, Electric Provider, its
f the
attached broadband facilities, shall not be admissible in
Oklahoma Statutes - Title 17. Corporation Commission Page 80
determining fair market value. A property owner's actual damages
shall be fixed at the time of the initial broadband installation and
shall not be deemed to continue, accumulate or accrue. Upon payment
of damages, the Approved Broadband Provider, Electric Provider, its
broadband subsidiary, or Telecommunications Provider shall be
granted a permanent easement for the use, replacement and
maintenance of the facilities installed.
A. Any easement owned, held or otherwise used by an Electric
Provider for the purpose of electric services may also be used by
that Electric Provider or its broadband subsidiary,
Telecommunications Provider or other Approved Broadband Provider,
for the purpose of supplying Broadband Services.
B. Notwithstanding the provisions of Section 2023 of Title 12
of the Oklahoma Statutes, a class action lawsuit may not be
maintained against an Electric Provider or its broadband subsidiary
Oklahoma Statutes - Title 17. Corporation Commission Page 79
in a suit for trespass, nuisance or inverse condemnation based on a
claim of expanded use of an easement where the broadband facilities
are located on an easement owned, held or otherwise used by an
Electric Provider. In a suit of trespass, nuisance or inverse
condemnation against an Electric Provider or its broadband
subsidiary, based on a claim of expanded use of an easement, any
trespass, nuisance or condemnation found to exist shall be deemed
permanent and the actual damages awarded shall be the fair market
value which, notwithstanding any other provision of law, shall
always be greater than zero (0), but shall not exceed the difference
between the fair market value of the property owner's entire
property immediately before the taking and the fair market value of
the property owner's property immediately after the taking. In such
a suit, evidence of revenues or profits derived, or the rental value
of use of the attached broadband facilities, shall not be admissible
in determining fair market value. A property owner's actual damages
shall be fixed at the time of the initial broadband installation and
shall not be deemed to continue, accumulate or accrue. Upon payment
of damages, the Electric Provider and/or its broadband subsidiary
and/or the Telecommunications Provider and/or Approved Broadband
Provider shall be granted a permanent easement for the use,
replacement, and maintenance of the facilities installed.
C. An Approved Broadband Provider or a Telecommunications
Provider with a valid pole attachment agreement with the Electric
Provider to which it is attaching may use the Electric Provider's
easement for the purpose of providing Broadband Services.
Notwithstanding the provisions of Section 2023 of Title 12 of the
Oklahoma Statutes, a class action lawsuit may not be maintained
against an Approved Broadband Provider, Electric Provider, its
broadband subsidiary, or Telecommunications Provider in a suit for
trespass, nuisance or inverse condemnation based on a claim of
expanded use of an easement where the broadband facilities are
located on infrastructure owned, held or otherwise used by an
Electric Provider. In a suit for trespass, nuisance or inverse
condemnation against an Approved Broadband Provider, Electric
Provider, its broadband subsidiary, or Telecommunications Provider,
based on a claim of expanded use of an easement by the Electric
Provider or Approved Broadband Provider, any trespass, nuisance or
condemnation found to exist shall be deemed permanent and the actual
damages awarded shall be the fair market value which,
notwithstanding any other provision of law, shall always be greater
than zero (0), but shall not exceed the difference between the fair
market value of the property owner's entire property immediately
before the taking and the fair market value of the property owner's
property immediately after the taking. In such a suit, evidence of
revenues or profits derived, or the rental value of use of the
attached broadband facilities, shall not be admissible in
Oklahoma Statutes - Title 17. Corporation Commission Page 80
determining fair market value. A property owner's actual damages
shall be fixed at the time of the initial broadband installation and
shall not be deemed to continue, accumulate or accrue. Upon payment
of damages, the Approved Broadband Provider, Electric Provider, its
f the
attached broadband facilities, shall not be admissible in
Oklahoma Statutes - Title 17. Corporation Commission Page 80
determining fair market value. A property owner's actual damages
shall be fixed at the time of the initial broadband installation and
shall not be deemed to continue, accumulate or accrue. Upon payment
of damages, the Approved Broadband Provider, Electric Provider, its
broadband subsidiary, or Telecommunications Provider shall be
granted a permanent easement for the use, replacement and
maintenance of the facilities installed.
Status: in_force · Read it on the official government site
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