Any natural person over the age of 18 years, firm, association, or corporation may become a member of South Central Rural Telecommunications Cooperative, Inc. (hereinafter called “The Corporation”) by:
Making a written application for membership therein:
Agreeing to purchase from the Corporation telecommunication services as hereinafter specified:
Agreeing to comply with and be bound by the Articles of Incorporation and Bylaws of the Corporation and any rules and regulations adopted by the Board of Trustees (hereinafter called the “Board”); and
Agreeing to grant the Corporation a right-of-way for its poles, guys, braces, lines, cables, and other appurtenances on and across the property of the applicant without monetary consideration; provided, however, that no person, firm, association, or corporation shall become a member unless and until he or it has been accepted for membership by the Board or the members. No member may hold more than 1 membership which carries a voting right. A landlord holding a membership issued prior to August 1978 shall not be entitled to a vote on such membership. However, the value of said membership shall be liable for any charges for telecommunication services which may be assessed against the tenant receiving service under the said membership. No membership shall be transferable except as provided in these Bylaws.
Beginning 6 months after the date of incorporation, all applications received more than 30 days prior to each meeting of the members that have not been accepted or which have been rejected by the Board shall be submitted to the Secretary to such meeting, and, subject to compliance by the applicant with the requirements hereinabove set forth, any such application may be accepted by a vote of the members.
The Secretary shall give each applicant at least 10 days written notice of the members’ meeting to which his application will be submitted and such applicant shall be entitled to be present and heard at the meeting.
(July 27, 1978; July 30, 1987; September 30, 1987; July 1, 2001, March 24, 2016, October 6, 2016)
Effective August 1, 1978, membership in the Corporation shall be evidenced by the acceptance of the applicant by the Board and the entry of membership in the official membership records of the corporation.
Any membership now or hereafter issued to either a husband or wife shall be and is the joint membership of said husband or wife and his or her spouse and upon the death of either spouse, the membership will be held solely by the survivor spouse. The term “Members” as used in these Bylaws, shall be deemed to be the joint membership of a husband or wife and any provisions relating to the rights and liabilities of membership shall apply equally with respect to the holders of a joint membership.
The effect of the hereinafter specified actions by or in respect of the holders of joint membership shall be as follows:
The presence at a meeting of either or both shall be regarded as the presence of 1 member and shall constitute a joint waiver of notice of the meeting;
The vote of either separately or both jointly shall constitute 1 joint vote;
A waiver of notice or any other instrument signed by either shall constitute the waiver or other instrument of both;
Notice to either shall constitute notice to both;
Expulsion of either shall terminate the joint membership;
Withdrawal of either shall terminate the joint membership;
Either but not both may be elected or appointed as an officer or director, provided that both meet the qualifications of such office.
An employee or retired employee of the Corporation shall not be eligible for membership; however, the employee or retired employee may receive telecommunication services under terms and conditions adopted by the Board with respect to telecommunication services for employees or retired employees.
(July 27, 1978; September 30, 1987; May 22, 2007, March 24, 2016)
Each member shall, as soon as facilities are available, take telecommunication services from the Corporation to be used on the premises specified in his application for membership, and shall pay therefore monthly at rates which shall from time to time be fixed by the Board and approved by the Public Service Commission; provided, however, that the Board may limit the amount of telecommunication services which the Corporation shall be required to furnish to any 1 member.
It is expressly understood that amounts paid for telecommunication services in excess of the cost of service are furnished by members as capital and each member shall be credited with the capital so furnished as provided in these Bylaws. Each member shall also pay all amounts owed by him to the Corporation as and when the same shall become due and payable.
Any member may withdraw from membership upon compliance with such uniform terms and conditions as the Board may prescribe. The Board may, by the affirmative vote of not less than 2/3 of all the Trustees, expel any member who fails to comply with any of the provisions of the Articles of Incorporation, Bylaws, or any rules and regulations adopted by the Board, but only if such member shall have been given written notice by the Secretary that such failure makes him liable to expulsion and such failure shall have continued for at least 10 days after such notice was given. Any expelled member may be reinstated by vote of the Board or by vote of the members at any annual or special meeting. The membership of a member who has not permitted the installation of service within 30 days after he has been notified service is available to him, or of a member who has ceased to purchase telecommunication services from the corporation, may be canceled by resolution of the Board.
Upon the withdrawal, death, cessation of existence, or expulsion of a member the membership of such member shall thereupon terminate. Termination of membership in any manner shall not release a member or his estate from any debts due to the Corporation.
(July 27, 1978; July 30, 1987; September 30, 1987; April 26, 2018)
The Board of Trustees may establish reasonable classification of memberships which may provide that certain classes of memberships do not have voting rights, do not participate in the profits of the Corporation, or do not accrue capital credits as defined in these Bylaws and by the policies of the Board of Trustees, and establish the circumstances and conditions under which the classification shall be changed.
The Board of Trustees may provide that the services of the Corporation are made available to non-members which may consist of governmental agencies, political subdivisions, and other persons, not to exceed 10% of the total membership or as provided in KRS 279.360(1) as it now exists or is subsequently amended.
