(a) In the event it is ascertained by the Rural ElectrificationAuthority that the community or communities referred to in the foregoingsection G.S. 117‑29 are in need of telephone service and that there is a sufficientnumber of persons to be served to justify such services, and the telephonecompany serving in the area in which the community or communities are locatedis unwilling to provide such service, a telephone membership corporation may beorganized by such community or communities in the same manner that electricmembership corporations may be formed under Article 2 of this Chapter, and allof the provisions of said Article shall be applicable to the formation oftelephone membership corporations and such corporations shall have all theauthority, powers and duties of such a corporation when formed under theprovisions 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 atelephone membership corporation, and except that such corporations so formedfor the express purpose of providing telephone service necessary to serve thecommunity or communities prescribed in the application may also provide thecommunity or communities prescribed in the application with any communicationservice for the transmission of voice, sounds, signals, pictures, writing orsigns of all kinds through the use of electricity or the electromagnetic spectrumbetween the transmitting and receiving apparatus, together with anytelecommunications service requiring band‑width capacity, including, butnot limited to community antenna and cable television services, and includingall lines, wires, cables, radio, light, electromagnetic impulse and allfacilities, systems or other means used in the rendition of such services, butnot including message telegram service or radio broadcasting services orfacilities within the meaning of section 3(o) of the Federal Communications Actof 1934, as amended (47 USC § 153(o)) and except that such corporation soformed shall have no authority to engage in any other business. Provided, thatthe references in Article 2 of this Chapter to "power lines" or"energy" as to such telephone membership corporations shall beconstrued to mean telephone lines, broadband cables and lines, telephoneservice and broadband communications services. Provided further, that nothingherein shall be construed to authorize any telephone membership corporationorganized hereunder to duplicate any line or lines, systems or other means bywhich adequate telephone service is being furnished; or to build or toconstruct a telephone line, or telephone lines, or telephone systems, orotherwise to provide facilities or means of furnishing telephone service to anyperson, community, town or city then being adequately served by a telephonecompany, corporation or system; or to provide telephone service in an unservedarea while any telephone company, corporation or system is acting in good faithand with reasonable diligence in arranging to provide adequate telephoneservice to such person, community, town or city.
(b) Any telephone membership corporation formed under thisArticle which now provides or has imminent plans to provide any service whichis subject to the requirement of a state or local franchise shall makereasonable efforts to secure any such state or local franchise required for theoperation of such service within its service area. Unless otherwise prohibited,any such franchise granted to a telephone membership corporation may betransferred or assigned by that corporation, in its discretion, if suchtransfer or assignment is reasonably calculated to contribute to thedevelopment of any such service within the franchised area. Provided, however,that no telephone membership corporation shall be required to obtain a state orlocal franchise to provide the types of telephone services being provided onJuly 1, 1979 by a telephone membership corporation, or the types of telephoneservices offered by existing telephone membership corporations on July 1, 1979and proposed to be offered by any telephone membership corporation formedthereafter, without respect to the facilities or methods which are used toprovide such services. (1945, c. 853, s. 2; 1965, c. 345, s. 1; 1979, c. 586; 1999‑180,s. 3.)
(a) In the event it is ascertained by the Rural ElectrificationAuthority that the community or communities referred to in the foregoingsection G.S. 117‑29 are in need of telephone service and that there is a sufficientnumber of persons to be served to justify such services, and the telephonecompany serving in the area in which the community or communities are locatedis unwilling to provide such service, a telephone membership corporation may beorganized by such community or communities in the same manner that electricmembership corporations may be formed under Article 2 of this Chapter, and allof the provisions of said Article shall be applicable to the formation oftelephone membership corporations and such corporations shall have all theauthority, powers and duties of such a corporation when formed under theprovisions 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 atelephone membership corporation, and except that such corporations so formedfor the express purpose of providing telephone service necessary to serve thecommunity or communities prescribed in the application may also provide thecommunity or communities prescribed in the application with any communicationservice for the transmission of voice, sounds, signals, pictures, writing orsigns of all kinds through the use of electricity or the electromagnetic spectrumbetween the transmitting and receiving apparatus, together with anytelecommunications service requiring band‑width capacity, including, butnot limited to community antenna and cable television services, and includingall lines, wires, cables, radio, light, electromagnetic impulse and allfacilities, systems or other means used in the rendition of such services, butnot including message telegram service or radio broadcasting services orfacilities within the meaning of section 3(o) of the Federal Communications Actof 1934, as amended (47 USC § 153(o)) and except that such corporation soformed shall have no authority to engage in any other business. Provided, thatthe references in Article 2 of this Chapter to "power lines" or"energy" as to such telephone membership corporations shall beconstrued to mean telephone lines, broadband cables and lines, telephoneservice and broadband communications services. Provided further, that nothingherein shall be construed to authorize any telephone membership corporationorganized hereunder to duplicate any line or lines, systems or other means bywhich adequate telephone service is being furnished; or to build or toconstruct a telephone line, or telephone lines, or telephone systems, orotherwise to provide facilities or means of furnishing telephone service to anyperson, community, town or city then being adequately served by a telephonecompany, corporation or system; or to provide telephone service in an unservedarea while any telephone company, corporation or system is acting in good faithand with reasonable diligence in arranging to provide adequate telephoneservice to such person, community, town or city.
(b) Any telephone membership corporation formed under thisArticle which now provides or has imminent plans to provide any service whichis subject to the requirement of a state or local franchise shall makereasonable efforts to secure any such state or local franchise required for theoperation of such service within its service area. Unless otherwise prohibited,any such franchise granted to a telephone membership corporation may betransferred or assigned by that corporation, in its discretion, if suchtransfer or assignment is reasonably calculated to contribute to thedevelopment of any such service within the franchised area. Provided, however,that no telephone membership corporation shall be required to obtain a state orlocal franchise to provide the types of telephone services being provided onJuly 1, 1979 by a telephone membership corporation, or the types of telephoneservices offered by existing telephone membership corporations on July 1, 1979and proposed to be offered by any telephone membership corporation formedthereafter, without respect to the facilities or methods which are used toprovide such services. (1945, c. 853, s. 2; 1965, c. 345, s. 1; 1979, c. 586; 1999‑180,s. 3.)
(a) In the event it is ascertained by the Rural ElectrificationAuthority that the community or communities referred to in the foregoingsection G.S. 117‑29 are in need of telephone service and that there is a sufficientnumber of persons to be served to justify such services, and the telephonecompany serving in the area in which the community or communities are locatedis unwilling to provide such service, a telephone membership corporation may beorganized by such community or communities in the same manner that electricmembership corporations may be formed under Article 2 of this Chapter, and allof the provisions of said Article shall be applicable to the formation oftelephone membership corporations and such corporations shall have all theauthority, powers and duties of such a corporation when formed under theprovisions 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 atelephone membership corporation, and except that such corporations so formedfor the express purpose of providing telephone service necessary to serve thecommunity or communities prescribed in the application may also provide thecommunity or communities prescribed in the application with any communicationservice for the transmission of voice, sounds, signals, pictures, writing orsigns of all kinds through the use of electricity or the electromagnetic spectrumbetween the transmitting and receiving apparatus, together with anytelecommunications service requiring band‑width capacity, including, butnot limited to community antenna and cable television services, and includingall lines, wires, cables, radio, light, electromagnetic impulse and allfacilities, systems or other means used in the rendition of such services, butnot including message telegram service or radio broadcasting services orfacilities within the meaning of section 3(o) of the Federal Communications Actof 1934, as amended (47 USC § 153(o)) and except that such corporation soformed shall have no authority to engage in any other business. Provided, thatthe references in Article 2 of this Chapter to "power lines" or"energy" as to such telephone membership corporations shall beconstrued to mean telephone lines, broadband cables and lines, telephoneservice and broadband communications services. Provided further, that nothingherein shall be construed to authorize any telephone membership corporationorganized hereunder to duplicate any line or lines, systems or other means bywhich adequate telephone service is being furnished; or to build or toconstruct a telephone line, or telephone lines, or telephone systems, orotherwise to provide facilities or means of furnishing telephone service to anyperson, community, town or city then being adequately served by a telephonecompany, corporation or system; or to provide telephone service in an unservedarea while any telephone company, corporation or system is acting in good faithand with reasonable diligence in arranging to provide adequate telephoneservice to such person, community, town or city.
(b) Any telephone membership corporation formed under thisArticle which now provides or has imminent plans to provide any service whichis subject to the requirement of a state or local franchise shall makereasonable efforts to secure any such state or local franchise required for theoperation of such service within its service area. Unless otherwise prohibited,any such franchise granted to a telephone membership corporation may betransferred or assigned by that corporation, in its discretion, if suchtransfer or assignment is reasonably calculated to contribute to thedevelopment of any such service within the franchised area. Provided, however,that no telephone membership corporation shall be required to obtain a state orlocal franchise to provide the types of telephone services being provided onJuly 1, 1979 by a telephone membership corporation, or the types of telephoneservices offered by existing telephone membership corporations on July 1, 1979and proposed to be offered by any telephone membership corporation formedthereafter, without respect to the facilities or methods which are used toprovide such services. (1945, c. 853, s. 2; 1965, c. 345, s. 1; 1979, c. 586; 1999‑180,s. 3.)
