Exemption for unserved areas.

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(1) A local government shall be exempt from the requirements of this part 2 and may engage or offer to engage in providing cable television service, telecommunications service, or advanced service if:

  1. No private provider of cable television service, telecommunications service, or advanced service provides the service anywhere within the boundaries of the local government;

  2. The governing body of the local government has submitted a written request to provide the service to any incumbent provider of cable television service, telecommunications service, or advanced service within the boundaries of the local government; and

  3. The incumbent provider has not agreed within sixty days of the receipt of a requestsubmitted pursuant to paragraph (b) of this subsection (1) to provide the service or, if the provider has agreed, it has not commenced providing the service within fourteen months of the receipt of the request.

Source: L. 2005: Entire article added, p. 1282, § 1, effective June 3.


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