(a) On or before December 1 each year, a member-regulated cooperative shall report to the Senate Finance Committee and the House Economic Matters Committee, in accordance with § 2-1257 of the State Government Article, on the status of the deployment of broadband Internet service to the member-regulated cooperative’s members.
(b) (1) Except as provided under paragraph (2) of this subsection, a member-regulated cooperative may not prohibit a telecommunications or cable service provider from accessing a pole, duct, conduit, right-of-way, or similar facility owned or controlled, in whole or in part, by the member-regulated cooperative.
(2) A member-regulated cooperative may deny access to a facility specified under paragraph (1) of this subsection:
(i) On a nondiscriminatory basis; and
(ii) If the member-regulated cooperative determines that:
1. The facility does not have sufficient capacity to allow access; or
2. Allowing access would create safety, reliability, or engineering concerns.
(c) (1) Subject to paragraph (2) of this subsection, a member-regulated cooperative shall charge a reasonable rate for access to a facility specified under subsection (b)(1) of this section.
(2) A member-regulated cooperative may not charge a rate for access to a facility specified under subsection (b)(1) of this section that is more than the rates charged for access by a local exchange carrier, electric company, water company, or other utility operating in the member-regulated cooperative’s service area.