Relating to the deployment of network nodes in public rights-of-way; authorizing fees.
Impact
This legislation allows for greater access and deployment capabilities for network providers, reducing barriers that could hinder the development of telecommunications infrastructure. Municipalities retain the authority to manage local rights-of-way but must comply with the stipulations set forth in the bill, including not imposing prohibitive fees or engaging in discriminatory practices against network providers. The bill aims to balance the interests of local governments with the needs of network providers, ultimately impacting the provision of telecommunications services across various urban and rural communities.
Summary
House Bill 2838 is designed to regulate the deployment of network nodes within public rights-of-way in Texas. The bill establishes provisions for municipalities to manage public rights-of-way and allows network providers to access these areas for the installation of network nodes. It emphasizes the importance of expeditious processes for permitting and reasonable fees for the use of public rights-of-way to promote wider access to broadband services and telecommunications competition in the state. The intent is to facilitate the installation and operation of advanced technology to increase connectivity and ensure that Texas remains competitive in the global economy.
Contention
The bill has generated discussion about the balance between state-level regulation and local control. Some municipal authorities may be concerned about the perceived overreach of state legislation that limits their ability to impose local regulations or higher fees on network providers. Additionally, the requirement for municipalities to adjust fees based on state designations raises questions about fair compensation for the use of public infrastructure, potentially leading to challenges in negotiations between local governments and telecommunications companies.
Relating to nonsubstantive additions to, revisions of, and corrections in enacted codes and to the nonsubstantive codification or disposition of various laws omitted from enacted codes.
Relating to the procurement by local governments of energy savings performance contracts for certain conservation measures; creating criminal offenses; authorizing a fee.