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A BILL TO BE ENTITLED
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AN ACT
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relating to the access by a certificated telecommunications |
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provider to the rights-of-way and pole charges of an electric |
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cooperative. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sec. 54.204, Utilities Code, is amended to read |
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as follows: |
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SUBCHAPTER E. MUNICIPALITIES AND ELECTRIC COOPERATIVES |
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Sec. 54.204. DISCRIMINATION BY A MUNICIPALITY OR AN |
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ELECTRIC COOPERATIVE PROHIBITED. (a) Notwithstanding Section |
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14.008 and Section 41.004, a municipality or a municipally owned |
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utility or an electric cooperative may not discriminate against a |
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certificated telecommunications provider regarding: |
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(1) the authorization or placement of a facility in a |
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public right-of-way or an electric cooperative right-of-way; |
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(2) access to a building; or |
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(3) a municipal utility or an electric cooperative |
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pole attachment rate or term. |
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(b) In granting consent, a franchise, or a permit for the |
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use of a public street, alley, or right-of-way within its municipal |
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boundaries, a municipality or municipally owned utility may not |
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discriminate in favor of or against a certificated |
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telecommunications provider regarding: |
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(1) municipal utility pole attachment or underground |
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conduit rates or terms; or |
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(2) the authorization, placement, replacement, or |
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removal of a facility in a public right-of-way and the reasonable |
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compensation for the authorization, placement, replacement, or |
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removal regardless of whether the compensation is in the form of: |
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(A) money; |
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(B) services; |
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(C) use of facilities; or |
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(D) another kind of consideration. |
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(c) A municipality or a municipally owned utility or an |
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electric cooperative may not charge any entity, regardless of the |
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nature of the services provided by that entity, a pole attachment |
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rate or underground conduit rate that exceeds: |
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(1) the existing rate if the attaching entity and the |
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pole owner already have a contract; |
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(2) a mutually agreed rate, if the attaching entity |
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and the pole owner agree to a new rate; |
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(3) the fee the municipality or municipally owned |
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utility or the electric cooperative would be permitted to charge |
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under rules adopted by the Federal Communications Commission under |
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47 U.S.C. Section 224(e) if the municipality's or municipally owned |
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utility's or the electric cooperative's rates were regulated under |
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federal law and the rules of the Federal Communications Commission, |
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or |
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(4) a rate determined by the commission in a contested |
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case under Chapter 2001, Government Code. |
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(d) In addition, not later than September 1, 2006, a |
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municipality or municipally owned utility shall charge a single, |
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uniform pole attachment or underground conduit rate to all entities |
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that are not affiliated with the municipality or municipally owned |
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utility regardless of the services carried over the networks |
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attached to the poles or underground conduit. |
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(e) (d) Notwithstanding any other law, the commission has |
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the jurisdiction necessary to enforce this section. |
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SECTION 2. This Act takes effect September 1, 2023. |