APPENDIX A
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membership corporation may be organized by such community or communities in the
same manner that electric membership corporations may be formed under Article 2 of
this Chapter, and all of the provisions of said Article shall be applicable to the formation
of telephone membership corporations and such corporations shall have all the
authority, powers and duties of such a corporation when formed under the provisions of
said Article; except that the provisions of G.S. 117-8, 117-9, 117-10.1, 117-10.2, 117-
16.1, 117-18(14), 117-18.1, 117-19 and 117-24 shall not be applicable to the
organization of a telephone membership corporation, and except that such corporations
so formed for the express purpose of providing telephone service necessary to serve
the community or communities prescribed in the application may also provide the
community or communities prescribed in the application with any communication
service for the transmission of voice, sounds, signals, pictures, writing or signs of all
kinds through the use of electricity or the electromagnetic spectrum between the
transmitting and receiving apparatus, together with any telecommunications service
requiring band-width capacity, including, but not limited to community antenna and
cable television services, and including all lines, wires, cables, radio, light,
electromagnetic impulse and all facilities, systems or other means used in the rendition
of such services, but not including message telegram service or radio broadcasting
services or facilities within the meaning of section 3(o) of the Federal Communications
Act of 1934, as amended (47 USC § 153(o)) and except that such corporation so
formed shall have no authority to engage in any other business. Provided, that the
references in Article 2 of this Chapter to "power lines" or "energy" as to such telephone
membership corporations shall be construed to mean telephone lines, broadband
cables and lines, telephone service and broadband communications services. Provided
further, that nothing herein shall be construed to authorize any telephone membership
corporation organized hereunder to duplicate any line or lines, systems or other means
by which adequate telephone service is being furnished; or to build or to construct a
telephone line, or telephone lines, or telephone systems, or otherwise to provide
facilities or means of furnishing telephone service to any person, community, town or
city then being adequately served by a telephone company, corporation or system; or to
provide telephone service in an unserved area while any telephone company,
corporation or system is acting in good faith and with reasonable diligence in arranging
to provide adequate telephone service to such person, community, town or city."
Section 4. Article 3 of Chapter 62 of the General Statutes is amended by
adding a new section to read:
"§ 62-53. Electric membership corporation subsidiaries.
In addition to any other authority granted to the Commission in this Chapter, the
Commission shall have the authority to regulate electric membership corporations as
provided in G.S. 117-18.1."
Section 5. G.S. 62-302 reads as rewritten:
"§ 62-302. Regulatory fee.