(1) In entering into a broadband facility agreement, an electric utility shall:

(a) Not discriminate among commercial broadband suppliers in offering or granting rights to install or attach any attached facilities; or

(b) Charge fees that are nondiscriminatory among commercial broadband suppliers for a substantially similar lease or use of the capacity of attached facilities owned or controlled by the electric utility, but only to the extent an electric utility chooses, in its sole discretion, to offer the lease or use to a particular commercial broadband supplier.

(2) Nothing in this section requires an electric utility to offer or grant a right to access or use an electric utility easement or to use attached facilities or electric utility infrastructure owned or controlled by the electric utility in a manner that would, in the electric utility's sole discretion, materially interfere with the electric utility's construction, maintenance, or use of any electric utility infrastructure for the provision of electric service.

(3) Nothing in the Broadband Internet Service Infrastructure Act:

(a) Is intended to subject an electric utility to regulation by the Federal Communications Commission;

(b) Constitutes an exercise of, or an obligation or intention to exercise, the right of the state under 47 U.S.C. 224(c), as such section existed on January 1, 2020, to regulate the rates, terms, and conditions for pole attachments as defined in 47 U.S.C. 224(a)(4), as such section existed on January 1, 2020;

(c) Constitutes a certification, or an obligation or intention to certify, to the Federal Communications Commission under 47 U.S.C. 224, as such section existed on January 1, 2020;

(d) Prevents the parties involved from filing a claim or cause of action in any court of competent jurisdiction for any dispute arising under the Broadband Internet Service Infrastructure Act; or

(e) In any way affects the authority of electric utilities to enter into agreements with any party, outside the requirements of the Broadband Internet Service Infrastructure Act, relating to the use of its easements or electric system facilities.