Title 46, Chapter 5, Section 63
( 46-5-63)
A cooperative shall have power: (1) To sue and be sued in its corporate name; (2) To have an initial existence for a term of 50 years with right
of renewal for one or more like terms unless a shorter term is
stated in the articles of incorporation; (3) To adopt a corporate seal and alter the same; (4) To furnish, improve, and expand telephone service in rural
areas to its members, to governmental agencies and political
subdivisions, and to other persons not in excess of 10 percent of
the number of its members; provided, however, that, without regard
to this 10 percent limitation, telephone service may be made
available by a cooperative through interconnection of facilities
to any number of subscribers of other telephone systems and
through pay stations to any number of users; provided, further,
that a cooperative which acquires existing telephone facilities in
rural areas may continue service to persons, not in excess of 40
percent of the number of its members, who are already receiving
service from such facilities without requiring such persons to
become members; but such persons may become members upon such
terms as may be prescribed in the bylaws; provided, further, that
no cooperative shall furnish any telephone service in any area or
territory professed to be served by any other telephone company
unless such telephone company is unable or unwilling to furnish or
extend reasonably adequate telephone service in such area or
territory; (5) To construct, purchase, lease as lessee, or otherwise acquire;
to improve, expand, install, equip, maintain, and operate; and to
sell, assign, convey, lease as lessor, mortgage, pledge, or
otherwise dispose of or encumber telephone lines, facilities,
systems, lands, buildings, structures, plants, equipment,
exchanges, and any other real or personal property, whether
tangible or intangible, which shall be deemed necessary,
convenient, or appropriate to accomplish the purpose for which the
cooperative is organized, provided that no cooperative shall
construct, purchase, lease as lessee, take, receive, or otherwise
acquire, improve, expand, install, equip, maintain, or operate any
telephone lines, facilities, systems, lands, buildings,
structures, plants, equipment, exchanges, or any other real or
personal property, whether tangible or intangible, within (A) the
boundaries of any incorporated or unincorporated city, town,
village, or borough within this state having a population in
excess of 1,500 inhabitants according to the last preceding
federal census, and (B) any suburban or populated area contiguous
to the boundaries of any such city, town, village, or borough
having a common economic, social, or administrative interest
within any such city, town, village, or borough; (6) To connect and interconnect its telephone lines, facilities,
or systems with other telephone lines, facilities, or systems,
provided that any such connection or interconnection shall be in
such manner and according to such specifications as will avoid
interference with or hazards to existing telephone lines,
facilities, or systems;
(7) To make its facilities available to persons furnishing
telephone service within or without this state; (8) To purchase, lease as lessee, or otherwise acquire; to use and
exercise; and to sell, assign, convey, mortgage, pledge, or
otherwise dispose of or encumber franchises, rights, privileges,
licenses, and easements; (9) To issue membership certificates and nonvoting shares of stock
as provided in this part; (10) To borrow money and otherwise contract indebtedness; to issue
or guarantee notes, bonds, and other evidences of indebtedness;
and to secure the payment thereof by mortgage, pledge, deed of
trust, security deed, or any other encumbrance upon any or all of
its then-owned or after-acquired real or personal property,
assets, franchises, or revenues; (11) To construct, maintain, and operate telephone lines along,
upon, under, and across publicly owned lands and public
thoroughfares, including all roads, highways, streets, alleys,
bridges, and causeways, provided that the construction,
maintenance, and operation of telephone lines along, upon, under,
and across publicly owned lands and public thoroughfares,
including all roads, highways, streets, alleys, bridges, and
causeways, shall be conditioned upon first having obtained the
consent and permission of the governmental authority affected and
shall be under such terms and conditions as may be promulgated by
that governmental authority; (12) To exercise the power of eminent domain in the manner
provided by Title 22 for the exercise of such power by other
corporations constructing or operating telephone lines,
facilities, or systems; (13) To become a member of other cooperatives or corporations or
to own stock therein; (14) To conduct its business and exercise its powers within or
without this state; (15) To adopt, amend, and repeal bylaws; (16) To make any and all contracts necessary, convenient, or
appropriate for the full exercise of the powers granted by this
part; and (17) To do and perform any other acts and things and to have and
exercise any other powers which may be necessary, convenient, or
appropriate to accomplish the purpose for which the cooperative is
organized. |