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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) "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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(3) "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. NONDISCRIMINATORY ACCESS. (a) An electric |
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cooperative shall provide a certificated telecommunications |
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provider with 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 for a pole that the |
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electric cooperative owns or controls; or |
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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(e) 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, which 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. 254.003. 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 open a contested case proceeding under Chapter |
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2001, Government Code, to determine whether a pole attachment rate |
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charged by an electric cooperative to a certificated |
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telecommunications provider complies with Section 254.002(b)(2); |
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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. |