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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 poles of an electric cooperative. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Utilities Code, is amended by adding |
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Chapter 254 to read as follows: |
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CHAPTER 254. ACCESS BY CERTIFICATED TELECOMMUNICATIONS PROVIDERS |
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TO ELECTRIC COOPERATIVE RIGHTS-OF-WAY AND DISTRIBUTION POLES |
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Sec. 254.001. DEFINITIONS. In this chapter: |
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(1) "Certificated telecommunications provider" means |
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a person who has been issued a certificate of convenience and |
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necessity, certificate of operating authority, or service provider |
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certificate of operating authority by the Public Utility Commission |
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of Texas to offer local exchange telephone service or a person who |
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provides voice service. |
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(2) "Make ready costs" means the costs associated with |
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the modification or replacement of a pole, or of the lines or |
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equipment on the pole, to accommodate additional facilities. |
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(3) "Pole" means a pole carrying distribution lines |
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with a voltage rating no higher than 34.5 kilovolts. |
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(4) "Pole attachment" means an affixture of cables, |
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strands, wires, and associated equipment attached to a pole |
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directly or indirectly or placed in a right-of-way owned or |
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controlled by an electric cooperative. |
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Sec. 254.002. CONSTRUCTION. Unless defined by Section |
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254.001, the technical terms and phrases in this chapter shall be |
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construed using their usual and customary meanings in the electric |
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and telecommunications industries. |
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Sec. 254.003. CONFLICT WITH OTHER LAW. To the extent of any |
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conflict between this chapter and any other law, this chapter |
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controls. |
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Sec. 254.004. ACCESS. (a) An electric cooperative shall |
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provide a certificated telecommunications provider with just, |
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reasonable, and nondiscriminatory access regarding: |
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(1) the placement of a facility in the electric |
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cooperative's right-of-way; |
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(2) a pole attachment rate or term or condition for a |
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pole that the electric cooperative owns or controls; and |
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(3) access to a building relating to Subdivision (1) |
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or (2). |
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(b) An electric cooperative may not charge a certificated |
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telecommunications provider a pole attachment rate that: |
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(1) exceeds the rate agreed to in a contract between |
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the cooperative and the provider; or |
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(2) exceeds the rate that the electric cooperative |
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would be permitted to charge under rules adopted by the Federal |
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Communications Commission under 47 U.S.C. Section 224 if the |
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electric cooperative's rates were regulated under federal law and |
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the rules of the Federal Communications Commission, including the |
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most recent default authorized rate of return for rate-of-return |
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carriers. |
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(c) The rate described by Subsection (b)(2) may be |
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established by the Public Utility Commission of Texas in a |
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contested case proceeding under Chapter 2001, Government Code. |
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(d) An electric cooperative may not charge a certificated |
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telecommunications provider any additional make ready costs or |
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other nonrecurring costs or impose on the provider any additional |
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requirements for evaluating the viability or load of the pole that |
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exceed the costs or requirements the electric cooperative would be |
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permitted to charge or impose under rules adopted by the Federal |
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Communications Commission under 47 U.S.C. Section 224 if the |
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electric cooperative's make ready costs and other nonrecurring |
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costs were regulated under federal law and the rules of the Federal |
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Communications Commission. Those costs and requirements may be |
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established by the Public Utility Commission of Texas in a |
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contested case proceeding under Chapter 2001, Government Code. |
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Sec. 254.005. OBLIGATIONS OF CERTIFICATED |
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TELECOMMUNICATIONS PROVIDER. A certificated telecommunications |
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provider shall comply with the pole attachment requirements of |
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Section 253.0403 for the purposes of this chapter to the same extent |
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as a broadband provider. |
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Sec. 254.006. AUTHORITY OF PUBLIC UTILITY COMMISSION. (a) |
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Notwithstanding Section 41.004, the Public Utility Commission of |
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Texas: |
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(1) may, on the filing of a complaint by a certificated |
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telecommunications provider or an electric cooperative, open a |
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contested case proceeding under Chapter 2001, Government Code, to |
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determine whether a pole attachment rate or make ready costs |
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charged by an electric cooperative to a certificated |
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telecommunications provider comply with Sections 254.004(b)(2) and |
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(d); and |
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(2) shall enforce this chapter and adopt rules |
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reasonably required for that purpose. |
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(b) For the purposes of enforcing this chapter, a reference |
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in Chapter 15 to a person includes an electric cooperative. |
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SECTION 2. This Act takes effect September 1, 2025. |