Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter I - TRANSMISSION AND DISTRIBUTION › Division 2 - TRANSMISSION AND DISTRIBUTION APPLICABLE TO ALL ELECTRIC UTILITIES › Section 25.218 - Middle Mile Broadband Service

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Purpose and application. This section implements Public Utility Regulatory Act
					 (PURA) Chapter 43, permitting an electric utility to implement middle mile
					 broadband service for excess fiber capacity. This section applies to an
					 electric utility, including a transmission and distribution utility, regardless
					 of whether the utility is offering customer choice under PURA Chapter
					 39.
(b) Definitions. The following
					 terms, when used in this section, have the following meanings, unless the
					 context indicates otherwise.
(1) Affected
					 property owner--an owner of real property that is burdened by an easement or
					 other property right owned or leased by an electric utility that will be
					 affected by the installation or operation of middle mile broadband service on
					 an electric delivery system or other facilities of the electric utility. A
					 state or local government body that owns a public right of way and a property
					 owner whose real property is burdened by an existing easement or other property
					 right that permits the provision of third-party middle mile broadband service
					 on an electric utility delivery system are not affected property
					 owners.
(2) Affiliated internet
					 service provider--an internet service provider that is an affiliate of the
					 electric utility that provides or intends to provide a plan for middle mile
					 broadband service under this section.
(3) Broadband service--retail internet
					 service provided by a commercial internet service provider with the capability
					 of providing a download speed of at least 25 megabits per second and an upload
					 speed of at least 3 megabits per second.
(4) Electric delivery system--the power lines
					 and related transmission and distribution facilities constructed to deliver
					 electric energy to the electric utility's customers.
(5) Excess fiber capacity--fiber capacity
					 neither utilized nor reserved for current or planned electric utility
					 operations.
(6) Internet service
					 provider--a commercial entity that provides internet services to end-user
					 customers on a retail basis.
(7)
					 Middle mile broadband service--the provision of excess fiber capacity on an
					 electric utility's electric delivery system or other facilities to an internet
					 service provider to provide broadband service. The term does not include
					 provision of internet service to end-use customers on a retail basis.
(8) Underserved area--means one or more
					 census blocks that are not an unserved area and in which 80 percent or more of
					 end-user addresses in each census block either lack access to broadband service
					 with a download speed not less than 100 megabits per second and an upload speed
					 not less than 20 megabits per second, or lack access to reliable broadband
					 service with those speeds as determined using Federal Communications Commission
					 mapping criteria, if available.
(9)
					 Unserved area--means one or more census blocks, in which 80 percent or more of
					 the end-user addresses in each census block either have no access to broadband
					 service, or lack access to reliable broadband service as determined using
					 Federal Communications Commission mapping criteria, if available.