bill opening electric co-op poles to telecom and cable

The text as introduced · 557 words

By: Anchía
H.B. No. 5604

A BILL TO BE ENTITLED

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.