TITLE: Relating to the access by a certificated provider to the rights-of-way and poles of an electric cooperative.

SUMMARY: Relating to the access by a certificated provider to the rights-of-way and poles of an electric cooperative.

FULL TEXT:
AN ACT relating to the access by a certificated provider to the rights-of-way and poles of an electric cooperative. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Title 5, Utilities Code, is amended by adding Chapter 254 to read as follows: CHAPTER 254. ACCESS BY CERTIFICATED PROVIDERS TO ELECTRIC COOPERATIVE RIGHTS-OF-WAY AND DISTRIBUTION POLES Sec. 254.001. DEFINITIONS. In this chapter: (1) "Certificated provider" means a person who: (A) is a certificated telecommunications provider, as defined by Section 283.002, Local Government Code; or (B) is a holder of a state-issued certificate of franchise authority issued under Chapter 66. (2) "Make-ready cost" means the costs associated with the modification or replacement of a utility pole, or of the lines or equipment on the utility pole, necessary to accommodate additional facilities. (3) "Pole" means a pole carrying distribution lines with a voltage rating no higher than 34.5 kilovolts. (4) "Pole attachment" means an affixture of cables, strands, wires, and associated equipment attached to a pole directly or indirectly or placed in a right-of-way owned or controlled by an electric cooperative. Sec. 254.002. NONDISCRIMINATORY ACCESS. (a) An electric cooperative shall provide a certificated provider with nondiscriminatory access regarding: (1) the placement of a facility in the electric cooperative's right-of-way, including a right-of-way secured from a customer that is occupied by the cooperative; (2) a pole attachment rate or term for a pole that the electric cooperative owns or controls; or (3) access to a building relating to Subdivision (1) or (2). (b) An electric cooperative may not charge a certificated provider: (1) a pole attachment rate that: (A) exceeds the rate agreed to in a contract between the cooperative and the provider; or (B) exceeds the rate that the electric cooperative may charge under Section 254.003; or (2) any additional costs for evaluating the viability or load of a pole or any make-ready or other costs that exceed the costs that the electric cooperative may charge under Section 254.003. Sec. 254.003. RATE AND FEE SETTING BY PUBLIC UTILITY COMMISSION OF TEXAS. The Public Utility Commission of Texas shall implement a schedule of pole attachment rates, costs, and fees, that an electric cooperative may charge a certificated provider for attachments to a pole that the electric cooperative owns or controls. A pole attachment rate, cost, or fee subject to this section may not exceed a pole attachment rate, cost, or fee the electric cooperative would be permitted to charge under rules adopted by the Federal Communications Commission under 47 U.S.C. Section 224 if the electric cooperative's rates were regulated under federal law and the rules of the Federal Communications Commission. Sec. 254.004. AUTHORITY OF PUBLIC UTILITY COMMISSION. (a) Notwithstanding Section 41.004, the Public Utility Commission of Texas: (1) may open a contested case proceeding under Chapter 2001, Government Code, to determine whether a pole attachment rate, cost, or fee complies with this chapter; and (2) shall enforce this chapter and adopt rules reasonably required for that purpose. (b) For the purposes of enforcing this chapter, a reference in Chapter 15 to a person includes an electric cooperative. Sec. 254.005. CONFLICT WITH OTHER LAW. In the case of a conflict between this chapter and other law, this chapter prevails. SECTION 2. This Act takes effect September 1, 2025.