Terms Used In South Carolina Code > Title 58 > Chapter 9 > Article 25 - Broadband Accessibility Act

• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Broadband affiliate: means a broadband service provider that is a separate legal entity from any electric cooperative but is wholly or partially owned by one or more electric cooperatives, or is controlled by, controls, or is under common control with one or more electric cooperatives. See South Carolina Code 58-9-3010
• Broadband facility: means any infrastructure used to deliver broadband service or for the provision of broadband service. See South Carolina Code 58-9-3010
• Broadband network: means any and all infrastructure, equipment, materials, or component parts thereof that may be used to provide landline or wireless broadband service, whether now existing or that may be developed in the future including, but not limited to, wires; cables, including fiber optic and copper cables; conduits to the extent not prohibited by the National Electric Safety Code; antennas; equipment; fixtures; switching multiplexers; poles; routers; switches; servers; appurtenances; facilities; or other equipment, whether ancillary, auxiliary, or otherwise used to facilitate the provision of landline or wireless broadband service. See South Carolina Code 58-9-3010
• Broadband service: means a landline or wireless service that meets the definition of "broadband service" in § 58-9-10(17) and that has minimum download speeds of 25 megabits per second and minimum upload speeds of 3 megabits per second. See South Carolina Code 58-9-3010
• Broadband service provider: means :
  
  (a) a person that provides retail broadband service to end-user customers; and
  
  (b) an existing broadband service provider. See South Carolina Code 58-9-3010
• Commission: means the Public Service Commission of South Carolina. See South Carolina Code 58-9-3010
• Communications service provider: means a person that provides communications service as defined in § 58-9-2610(B). See South Carolina Code 58-9-3010
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Docket: A log containing brief entries of court proceedings.
• Electric cooperative: means an electric cooperative organized under Chapter 49 of Title 33. See South Carolina Code 58-9-3010
• Electric easement: means a recorded or unrecorded easement or right-of-way or similar right in or to real property, including prescriptive rights, no matter how acquired, held by any electric provider for the siting of electric service infrastructure or for the purpose of delivering electric service, regardless of whether an electric cooperative's broadband affiliate or another broadband service provider uses the easement or other right to provide broadband service. See South Carolina Code 58-9-3010
• Electric provider: means an electric cooperative, an investor-owned electric utility, and the South Carolina Public Service Authority. See South Carolina Code 58-9-3010
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• FCC: means the Federal Communications Commission or its successor. See South Carolina Code 58-9-3010
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Make-ready: means the modification or replacement of an electric cooperative's infrastructure or of the lines or equipment on the electric cooperative's infrastructure to accommodate additional attached facilities. See South Carolina Code 58-9-3010
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any natural person and any firm, association, corporation business trust, partnership, federal agency, state or political subdivision or agency thereof, or any body politic. See South Carolina Code 58-9-3010
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Retail broadband service: means any broadband service other than that provided for:
  
  (a) the internal use of an electric cooperative;
  
  (b) the internal use of another electric cooperative;
  
  (c) resale by another electric cooperative or other broadband service provider; or
  
  (d) use as a component part of communications services that other cable, telecommunications, or information services providers offer to their customers. See South Carolina Code 58-9-3010