(2) ORS 758.120 does not authorize an expanded use that is expressly prohibited by the terms of a written electric easement.
(3) Exercise of the authority granted in ORS 758.120 does not:
(a) Change the legal relationship between the electric cooperative as the easement holder and the property owner;
(b) Create an easement right for any third party, including but not limited to a commercial broadband service provider or a broadband division or affiliate of the electric cooperative; or
(c) Expand the footprint of the existing easement.
(4) An expanded use of an electric easement authorized under ORS 758.120 may not alter or interfere with any easement rights held by parties other than the electric cooperative that existed, within or outside the area of the electric easement, prior to the expanded use.
(5)(a) Nothing in ORS 758.120 requires an electric cooperative that does not have a broadband division or affiliate to offer or authorize the access or use of an electric easement or to use attachments or electric service infrastructure owned or controlled by the electric cooperative for provision of broadband services in a manner that would, in the electric cooperative’s reasonable discretion, materially interfere with the electric cooperative’s construction, maintenance or use of any electric cooperative attachments or infrastructure for the provision of electric service.
(b) Subject to subsection (2) of this section, if an electric cooperative has a broadband division or affiliate, the electric cooperative may withhold authorization for a commercial broadband service provider to access or use an electric easement or to use attachments or electric service infrastructure owned or controlled by the electric cooperative for provision of broadband services only if:
(A) There is insufficient capacity for attachments necessary for the provision of broadband service; or
(B) Concerns of safety or reliability or generally applicable engineering purposes weigh against granting the authorization.
(6) Nothing in this section or ORS 758.120 imposes any duty or liability on a property owner in addition to any liability provided for in an electric easement for unintentional damage by the property owner to facilities necessary for the provision of broadband that are installed in an electric easement pursuant to an expanded use authorized under ORS 758.120. An electric cooperative that exercises the authority granted under ORS 758.120 shall indemnify and hold harmless the property owner against damage to existing easement holders resulting from activities related to the installation or maintenance of facilities described in this subsection. [2021 c.149 §2]
Note: See note under 758.120.