By:  Sibley                                           S.B. No. 1661
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to access to utility poles of electric and telephone
 1-3     utilities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 54.257, Utilities Code, is amended to
 1-6     read as follows:
 1-7           Sec. 54.257.  INTERFERENCE WITH ANOTHER TELECOMMUNICATIONS
 1-8     UTILITY.  (a)  If a telecommunications utility constructing or
 1-9     extending the utility's lines, plant, or system interferes or
1-10     attempts to interfere with the operation of a line, plant, or
1-11     system of another utility, the commission by order may:
1-12                 (1)  prohibit the construction or extension; or
1-13                 (2)  prescribe terms for locating the affected lines,
1-14     plants, or systems.
1-15           (b)  If a telecommunications utility or electric utility can
1-16     not reach a mutual understanding with another telecommunications or
1-17     electric utility for the rates, terms, and conditions of pole
1-18     attachments, the commission shall have the authority to determine
1-19     the rates, terms, and conditions.  The commission has the authority
1-20     to adopt procedures necessary and appropriate to hear and resolve
1-21     complaints concerning such rates, terms, and conditions consistent
1-22     with the compensation methodology of Section 224 of the Federal
1-23     Telecommunications Act of 1996 (47 U.S.C. Section 224).
 2-1           SECTION 2.  This Act takes effect September 1, 2001.