Texas 2017 - 85th Regular

Texas House Bill HB2838 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R6449 CBH-F
2	2	By: Geren H.B. No. 2838
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the deployment of network nodes in public
8	8	rights-of-way; authorizing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 9, Local Government Code, is
11	11	amended by adding Chapter 284 to read as follows:
12	12	CHAPTER 284. DEPLOYMENT OF NETWORK NODES IN PUBLIC RIGHTS-OF-WAY
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 284.001. FINDINGS AND POLICY. (a) The legislature
15	15	finds that:
16	16	(1) the design, engineering, permitting,
17	17	construction, modification, maintenance, and operation of network
18	18	nodes are instrumental to increasing access to advanced technology
19	19	and information for the citizens of this state;
20	20	(2) this state has delegated to each municipality the
21	21	fiduciary duty, as a trustee, to manage the public rights-of-way
22	22	for the health, safety, and welfare of the public, subject to state
23	23	law;
24	24	(3) network nodes often may be deployed most
25	25	effectively in the public rights-of-way;
26	26	(4) network providers' access to public rights-of-way
27	27	and the ability to attach network nodes to poles and structures in
28	28	those public rights-of-way allow network providers to densify their
29	29	networks and provide next-generation services;
30	30	(5) expeditious processes and reasonable and
31	31	nondiscriminatory compensation for use of the public rights-of-way
32	32	for network node deployments are essential to the construction and
33	33	operation of robust broadband communications networks;
34	34	(6) network nodes help ensure that this state remains
35	35	competitive in the global economy;
36	36	(7) the timely permitting of network nodes in public
37	37	rights-of-way is a matter of statewide concern and interest; and
38	38	(8) requirements of this chapter regarding fees,
39	39	charges, rates, and public rights-of-way management, when
40	40	considered with fees charged to other public rights-of-way users
41	41	under this code, are fair and reasonable and in compliance with 47
42	42	U.S.C. Section 253.
43	43	(b) It is the policy of this state to promote the adoption of
44	44	and encourage competition in the provision of telecommunications
45	45	services, including wireless services, by reducing the barriers to
46	46	entry for providers of services so that the number and types of
47	47	services offered by providers continue to increase through
48	48	competition.
49	49	(c) It is the policy of this state that municipalities:
50	50	(1) retain the authority to manage the public
51	51	rights-of-way to ensure the health, safety, and welfare of the
52	52	public; and
53	53	(2) receive from telecommunications providers,
54	54	including network providers, fair and reasonable compensation for
55	55	use of the public rights-of-way.
56	56	Sec. 284.002. DEFINITIONS. In this chapter:
57	57	(1) "Antenna" means communications equipment that
58	58	transmits or receives electromagnetic radio frequency signals.
59	59	(2) "Applicable codes" means:
60	60	(A) uniform building, fire, electrical,
61	61	plumbing, or mechanical codes adopted by a recognized national code
62	62	organization; and
63	63	(B) local amendments to those codes enacted
64	64	solely to address imminent threats of destruction of property or
65	65	injury to persons to the extent not inconsistent with this chapter.
66	66	(3) "Collocate" and "collocation" mean the
67	67	installation, mounting, maintenance, modification, operation, or
68	68	replacement of network nodes in a public right-of-way on or
69	69	adjacent to an existing pole with the express, discretionary, and
70	70	written permission of the pole's owner.
71	71	(4) "Fee" means a one-time cost-recovery charge for
72	72	services performed. The term includes a charge for reviewing and
73	73	processing an application for a permit.
74	74	(5) "Law" means common law or a federal, state, or
75	75	local law, statute, code, rule, regulation, order, or ordinance.
76	76	(6) "Municipal pole" means:
77	77	(A) a pole, other than a municipally owned
78	78	utility pole, owned or operated by a municipality and located in a
79	79	public right-of-way, including a pole that supports lighting or
80	80	traffic control functions or a structure for signage; and
81	81	(B) a pole or similar structure owned or operated
82	82	by a municipality, located in a public right-of-way, and supporting
83	83	only network nodes.
84	84	(7) "Municipally owned utility pole" means a utility
85	85	pole owned or operated by a municipally owned utility, as defined by
86	86	Section 11.003, Utilities Code, and located in a public
87	87	right-of-way.
88	88	(8) "Network node" means equipment at a fixed location
89	89	that enables wireless communications between user equipment and a
90	90	communications network. The term:
91	91	(A) includes:
92	92	(i) equipment associated with wireless
93	93	communications;
94	94	(ii) a radio transceiver, an antenna, a
95	95	battery-only backup power supply, and comparable equipment,
96	96	regardless of technological configuration; and
97	97	(iii) coaxial or fiber-optic cable
98	98	necessary to serve the location, including such cable connecting
99	99	the network node to the fiber network at a length not to exceed 528
100	100	feet; and
101	101	(B) does not include:
102	102	(i) an electric generator; or
103	103	(ii) a pole.
104	104	(9) "Network provider" means:
105	105	(A) a person granted a certificate of convenience
106	106	and necessity, certificate of authority, or service provider
107	107	certificate of authority by the Public Utility Commission of Texas
108	108	to provide telecommunications service in this state; and
109	109	(B) a person authorized and licensed by the
110	110	Federal Communications Commission to provide services classified
111	111	as "mobile services" by 47 C.F.R. Section 20.7.
112	112	(10) "Node support pole" means a pole installed by a
113	113	network provider for the primary purpose of supporting a network
114	114	node.
115	115	(11) "Permit" means a written authorization required
116	116	from a municipality before a network provider may perform an action
117	117	or initiate, continue, or complete a project over which the
118	118	municipality has regulatory authority.
119	119	(12) "Pole" means a municipal pole, municipally owned
120	120	utility pole, node support pole, or utility pole.
121	121	(13) "Public right-of-way" means the area on, below,
122	122	or above a public roadway, highway, street, public sidewalk, alley,
123	123	waterway, or utility easement in which the municipality has an
124	124	interest. The term does not include the airwaves above a public
125	125	right-of-way with regard to wireless telecommunications.
126	126	(14) "Public right-of-way rate" means an annual rental
127	127	charge paid by a network operator to a municipality for the use of a
128	128	public right-of-way in the municipality.
129	129	(15) "Utility pole" means a pole or similar structure
130	130	that supports a pole attachment, as defined by Section 252.001,
131	131	Utilities Code, and that provides:
132	132	(A) electric distribution with a voltage rating
133	133	of not more than 34.5 kilovolts; or
134	134	(B) services of a telecommunications utility, as
135	135	defined by Section 51.002, Utilities Code.
136	136	Sec. 284.003. LIMITATION ON SIZE OF NETWORK NODES. (a)
137	137	Except as provided by Section 284.108, a network node to which this
138	138	chapter applies must conform to the following conditions:
139	139	(1) each antenna that does not have exposed elements
140	140	and is attached to an existing structure:
141	141	(A) must be located inside an enclosure of not
142	142	more than six cubic feet in volume;
143	143	(B) may not exceed a height of three feet above
144	144	the existing structure; and
145	145	(C) may not protrude from the outer circumference
146	146	of the existing structure by more than two feet;
147	147	(2) if an antenna has exposed elements and is attached
148	148	to an existing structure, the antenna and all of the antenna's
149	149	exposed elements:
150	150	(A) must fit within an imaginary enclosure of not
151	151	more than six cubic feet;
152	152	(B) may not exceed a height of three feet above
153	153	the existing structure; and
154	154	(C) may not protrude from the outer circumference
155	155	of the existing structure by more than two feet;
156	156	(3) the cumulative size of other wireless equipment
157	157	associated with the network node attached to an existing structure
158	158	may not:
159	159	(A) be more than 28 cubic feet in volume;
160	160	(B) exceed a height of three feet above the
161	161	existing structure; or
162	162	(C) protrude from the outer circumference of the
163	163	existing structure by more than two feet;
164	164	(4) ground-based enclosures may not be higher than
165	165	four feet from grade, wider than four feet, or deeper than four
166	166	feet; and
167	167	(5) pole-mounted enclosures may not be taller than
168	168	five feet.
169	169	(b) The following types of associated ancillary equipment
170	170	are not included in the calculation of equipment volume under
171	171	Subsection (a):
172	172	(1) electric meters;
173	173	(2) concealment elements;
174	174	(3) telecommunications demarcation boxes;
175	175	(4) grounding equipment;
176	176	(5) power transfer switches;
177	177	(6) cut-off switches; and
178	178	(7) vertical cable runs for the connection of power
179	179	and other services.
180	180	(c) Equipment attached to node support poles may not
181	181	protrude from the outer circumference of the node support pole by
182	182	more than three feet.
183	183	(d) Equipment attached to a utility pole must be installed
184	184	in accordance with the National Electric Safety Code and the
185	185	utility pole owner's construction standards.
186	186	SUBCHAPTER B. USE OF PUBLIC RIGHTS-OF-WAY
187	187	Sec. 284.051. APPLICABILITY OF SUBCHAPTER. (a) This
188	188	chapter applies only to activities of a network provider
189	189	constructing, operating, and maintaining a network node in a public
190	190	right-of-way and municipal authority in relation to those
191	191	activities.
192	192	(b) Use of a public right-of-way for other
193	193	telecommunications facilities installed by a network provider is
194	194	governed by Chapter 283.
195	195	Sec. 284.052. EXCLUSIVE USE PROHIBITED. A municipality may
196	196	not enter into an exclusive arrangement with any person for use of
197	197	the public rights-of-way for the construction, operation,
198	198	marketing, or maintenance of network nodes or node support poles.
199	199	Sec. 284.053. PUBLIC RIGHT-OF-WAY RATE OR FEE FOR USE OF
200	200	PUBLIC RIGHTS-OF-WAY. (a) A public right-of-way rate or fee for
201	201	use of the public rights-of-way may not exceed an annual amount
202	202	equal to $1,000 multiplied by the number of node support poles and
203	203	utility poles, other than municipally owned utility poles, inside
204	204	the municipality's corporate boundaries on which the network
205	205	provider has installed a network node.
206	206	(b) At the municipality's discretion, the municipality may
207	207	charge a network provider a lower rate or fee if the lower rate or
208	208	fee is:
209	209	(1) nondiscriminatory;
210	210	(2) related to the use of the public rights-of-way;
211	211	and
212	212	(3) not a prohibited gift of public property.
213	213	Sec. 284.054. PUBLIC RIGHT-OF-WAY RATE OR FEE ADJUSTMENT.
214	214	A municipality shall adjust the amount of the public right-of-way
215	215	rate or fee annually to reflect the previous year's annual rate of
216	216	inflation as determined by the Public Utility Commission of Texas.
217	217	The new rate or fee takes effect for the first payment due to the
218	218	municipality on or after the 60th day after the date the commission
219	219	makes the determination.
220	220	Sec. 284.055. PUBLIC RIGHT-OF-WAY RATE OR FEE APPLICABLE TO
221	221	TELECOMMUNICATIONS NETWORK. (a) The right-of-way fee provisions
222	222	of Subchapter B, Chapter 283, apply to the use of a public
223	223	right-of-way for telecommunications network facilities, other than
224	224	network nodes, installed by a network provider.
225	225	(b) For the purposes of calculating the right-of-way fee
226	226	under Subchapter B, Chapter 283:
227	227	(1) each network node is considered to be an end-use
228	228	customer termination point as specified in the definition of
229	229	"access line" in Section 283.002(1)(A)(ii); and
230	230	(2) the exception provided by Section 283.002(1)(B)
231	231	does not apply.
232	232	(c) Notwithstanding Section 283.056, a network provider is
233	233	responsible for paying both the public right-of-way rate or fee
234	234	required by this chapter and any applicable right-of-way fee
235	235	required by Chapter 283.
236	236	SUBCHAPTER C. ACCESS AND APPROVALS
237	237	Sec. 284.101. RIGHT OF ACCESS TO PUBLIC RIGHTS-OF-WAY. (a)
238	238	Except as specifically provided by this chapter and, subject to the
239	239	requirements of this chapter and the approval of a permit
240	240	application, if required, a network provider is entitled, as a
241	241	permitted use that is not subject to zoning review or similar
242	242	approval, and is not subject to further land use approval in an area
243	243	that is not zoned, to do the following in the public rights-of-way:
244	244	(1) construct, modify, maintain, and operate a network
245	245	node;
246	246	(2) construct, modify, maintain, and operate a utility
247	247	pole or network support pole; and
248	248	(3) collocate on a pole with the discretionary,
249	249	nondiscriminatory, and express written consent of the pole's owner.
250	250	(b) A network provider taking an action authorized by
251	251	Subsection (a) is subject to applicable codes.
252	252	Sec. 284.102. GENERAL CONSTRUCTION AND MAINTENANCE
253	253	REQUIREMENTS. A network provider shall construct and maintain
254	254	structures and facilities described by Section 284.101 in a manner
255	255	that does not:
256	256	(1) obstruct, impede, or hinder the usual travel or
257	257	public safety on a public right-of-way;
258	258	(2) obstruct the legal use of a public right-of-way by
259	259	other utility providers;
260	260	(3) violate applicable codes;
261	261	(4) violate or conflict with the municipality's
262	262	publicly disclosed public rights-of-way design specifications; or
263	263	(5) violate the federal Americans with Disabilities
264	264	Act of 1990 (42 U.S.C. Section 12101 et seq.).
265	265	Sec. 284.103. GENERAL LIMITATION ON PLACEMENT OF POLES. A
266	266	network provider shall ensure that each new, modified, or
267	267	replacement utility pole or node support pole installed in a public
268	268	right-of-way in relation to which the network provider received
269	269	approval of a permit application:
270	270	(1) does not exceed the greater of:
271	271	(A) 10 feet in height above the tallest existing
272	272	utility pole located within 500 linear feet of the new pole in the
273	273	same public right-of-way; or
274	274	(B) 50 feet above ground level; and
275	275	(2) is spaced at least 300 linear feet from the nearest
276	276	existing pole that is capable of supporting network nodes and is
277	277	located in a public right-of-way.
278	278	Sec. 284.104. INSTALLATION IN RESIDENTIAL AREAS. (a) A
279	279	network provider may not install a new node support pole in a
280	280	public right-of-way without the municipality's discretionary,
281	281	nondiscriminatory, and written consent if the public right-of-way
282	282	is adjacent to a street or thoroughfare:
283	283	(1) that is not more than 50 feet wide; and
284	284	(2) both sides of which are adjacent to single-family
285	285	residential lots or other multifamily residences.
286	286	(b) In addition to the requirement prescribed by Subsection
287	287	(a), a network provider installing a network node or node support
288	288	pole in a public right-of-way described by Subsection (a) shall
289	289	comply with private deed restrictions and other private
290	290	restrictions in the area that apply to those facilities.
291	291	Sec. 284.105. EQUIPMENT CABINETS. A network provider shall
292	292	ensure that the vertical height of an equipment cabinet installed
293	293	as part of a network node does not exceed the height limitation
294	294	prescribed by Section 284.003, subject to approval of the pole's
295	295	owner if applicable.
296	296	Sec. 284.106. COMPLIANCE WITH UNDERGROUNDING REQUIREMENT.
297	297	(a) A network provider shall, in relation to installation for which
298	298	the municipality approved a permit application, comply with
299	299	nondiscriminatory undergrounding requirements, including
300	300	municipal ordinances, zoning regulations, state law, private deed
301	301	restrictions, and other public or private restrictions, that
302	302	prohibit installing aboveground structures in a public
303	303	right-of-way without first obtaining zoning or land use approval.
304	304	(b) A requirement or restriction described by Subsection
305	305	(a) may not be interpreted to prohibit a network provider from
306	306	replacing an existing structure.
307	307	Sec. 284.107. DESIGN MANUAL. (a) A municipality may adopt
308	308	a design manual for the installation and construction of network
309	309	nodes and new node support poles in the public rights-of-way that
310	310	includes additional installation and construction details that do
311	311	not conflict with this chapter.
312	312	(b) A network provider shall comply with the design manual
313	313	in relation to work for which the municipality approved a permit
314	314	application.
315	315	Sec. 284.108. EXCEPTIONS. Subject to Subchapter D, a
316	316	network provider may construct, modify, or maintain in a public
317	317	right-of-way a network node or network support pole that exceeds
318	318	the height or distance limitations prescribed by this chapter only
319	319	if the municipality approves the construction, modification, or
320	320	maintenance subject to all applicable zoning or land use
321	321	regulations and applicable codes.
322	322	Sec. 284.109. DISCRIMINATION PROHIBITED. A municipality,
323	323	in the exercise of the municipality's administrative and regulatory
324	324	authority related to the management of and access to the public
325	325	rights-of-way, must be competitively neutral with regard to other
326	326	users of the public rights-of-way.
327	327	SUBCHAPTER D. APPLICATIONS AND PERMITS
328	328	Sec. 284.151. PROHIBITION OF CERTAIN MUNICIPAL ACTIONS.
329	329	(a) Except as otherwise provided by this chapter, a municipality
330	330	may not prohibit, regulate, or charge for the installation or
331	331	collocation of network nodes in a public right-of-way.
332	332	(b) A municipality may not directly or indirectly require,
333	333	as a condition for issuing a permit required under this chapter,
334	334	that the applicant perform services unrelated to the installation
335	335	or collocation for which the permit is sought, including in-kind
336	336	contributions such as reserving fiber, conduit, or pole space for
337	337	the municipality.
338	338	(c) A municipality may not institute an express or de facto
339	339	moratorium on:
340	340	(1) filing, receiving, or processing applications; or
341	341	(2) issuing permits or other approvals, if any, for
342	342	the installation of network nodes or node support poles.
343	343	Sec. 284.152. AUTHORITY TO REQUIRE PERMIT. (a) A
344	344	municipality may require a network provider to obtain one or more
345	345	permits to install a network node or node support pole in a public
346	346	right-of-way if the permit:
347	347	(1) is of general applicability to users of the public
348	348	rights-of-way; and
349	349	(2) does not apply exclusively to network nodes.
350	350	(b) A network provider that wants to install or collocate
351	351	multiple network nodes inside the territorial jurisdiction of a
352	352	single municipality is entitled to file a consolidated permit
353	353	application with the municipality for not more than 30 network
354	354	nodes and receive a single permit for the installation or
355	355	collocation of those network nodes.
356	356	Sec. 284.153. GENERAL PROCESS RELATING TO PERMIT
357	357	APPLICATION. (a) Except as otherwise provided by this section, a
358	358	municipality may not require an applicant to provide more
359	359	information to obtain the permit than a telecommunications utility
360	360	that is not a network provider is required to provide.
361	361	(b) As part of the standard form for a permit application, a
362	362	municipality may require the applicant to include applicable
363	363	construction and engineering drawings and information to confirm
364	364	that the applicant will comply with the municipality's publicly
365	365	disclosed public rights-of-way design specifications and
366	366	applicable codes.
367	367	(c) A municipality may require an applicant to provide:
368	368	(1) information reasonably related to the provider's
369	369	use of the public rights-of-way under this chapter:
370	370	(A) to ensure compliance with this chapter; and
371	371	(B) as reasonably necessary to demonstrate that
372	372	the proposed network node will comply with applicable regulations
373	373	of the Federal Communications Commission; and
374	374	(2) reasonable evidence that the proposed network node
375	375	will be placed into active commercial service by or for a provider
376	376	of retail telecommunications service immediately after the date the
377	377	construction and final testing of the network node is completed.
378	378	Sec. 284.154. MUNICIPAL REVIEW PROCESS. (a) A
379	379	municipality shall process each permit application on a
380	380	nondiscriminatory basis.
381	381	(b) Not later than the 30th day after the date the
382	382	municipality receives an application, the municipality shall
383	383	determine whether the application is complete and notify the
384	384	applicant of that determination. If the municipality determines
385	385	that the application is not complete, the municipality shall
386	386	specifically identify the missing information.
387	387	(c) A municipality shall approve an application that does
388	388	not require zoning or land use approval under this chapter unless
389	389	the application or the corresponding work to be performed under the
390	390	permit does not comply with the municipality's applicable codes.
391	391	(d) A municipality must approve or deny a complete
392	392	application for a new node support pole not later than the 150th day
393	393	after the date the municipality receives the application. The
394	394	municipality must approve or deny all other complete applications
395	395	not later than the 90th day after the date the municipality receives
396	396	the application.
397	397	(e) A municipality that denies a complete application must
398	398	document the basis for the denial, including the specific
399	399	applicable code provisions on which the denial was based. The
400	400	municipality shall send the documentation to the applicant on or
401	401	before the date the authority denies the application.
402	402	(f) Not later than the 30th day after the date the
403	403	municipality denies the application, the applicant may cure the
404	404	deficiencies identified in the denial documentation and resubmit
405	405	the application without paying an additional application fee, other
406	406	than a fee for actual costs incurred by the municipality.
407	407	Notwithstanding Subsection (d), the municipality shall approve or
408	408	deny the revised application not later than the 45th day after the
409	409	date the municipality receives the revised application. The
410	410	municipality's review of the revised application is limited to the
411	411	deficiencies cited in the denial documentation.
412	412	Sec. 284.155. TIME OF INSTALLATION. (a) A network provider
413	413	shall begin the installation for which a permit is granted not later
414	414	than the 90th day after the date the permit is approved and shall
415	415	complete the installation not later than the 180th day after the
416	416	date the installation begins.
417	417	(b) Notwithstanding Subsection (a), the municipality may
418	418	place a longer time limit on completion or grant reasonable
419	419	extensions of time as requested by the network provider.
420	420	Sec. 284.156. APPLICATION FEES. (a) A municipality may
421	421	charge an application fee for a permit only if the municipality
422	422	requires the payment of the fee for similar types of commercial
423	423	development inside the municipality's territorial jurisdiction
424	424	other than a type for which application or permit fees are not
425	425	allowed by law.
426	426	(b) The amount of an application fee charged by a
427	427	municipality must be:
428	428	(1) based on the actual, direct, and reasonable costs
429	429	the municipality determines are incurred in granting or processing
430	430	an application; and
431	431	(2) reasonably related in time to the time the costs of
432	432	granting or processing an application are incurred.
433	433	(c) In determining for purposes of Subsection (b) the amount
434	434	of the actual, direct, and reasonable costs, the municipality:
435	435	(1) may include reasonable and direct reimbursement of
436	436	costs incurred by the municipality in relation to third-party legal
437	437	or engineering review of an application, including reasonable and
438	438	necessary travel expenses in this state; and
439	439	(2) may not include direct payments or reimbursement
440	440	of third-party public right-of-way rates or fees charged on a
441	441	contingency basis or under a result-based arrangement.
442	442	(d) Payment by a network provider of applicable application
443	443	fees under this chapter does not affect the provisions of Section
444	444	283.056 that prohibit a municipality from requiring the provider to
445	445	pay application or permit fees in relation to telecommunications
446	446	facilities, other than network nodes, that the provider installs in
447	447	the public rights-of-way.
448	448	Sec. 284.157. CERTAIN WORK EXEMPTED. (a) A municipality
449	449	may not require a network provider to submit an application for:
450	450	(1) routine maintenance that does not require
451	451	excavation or closing of sidewalks or vehicular lanes in a public
452	452	right-of-way; or
453	453	(2) replacing or upgrading a network node or pole with
454	454	a node or pole that is substantially similar in size or smaller and
455	455	that does not require excavation or closing of sidewalks or
456	456	vehicular lanes in a public right-of-way.
457	457	(b) For purposes of Subsection (a)(2):
458	458	(1) a pole or network node is considered to be
459	459	"substantially similar" if:
460	460	(A) the new or upgraded pole will not be more than
461	461	10 percent higher than the existing pole, provided that the
462	462	increase may not result in the pole exceeding the applicable height
463	463	limitations prescribed by Section 284.103; and
464	464	(B) the new or upgraded network node, including
465	465	the antenna or other equipment element, will not be more than 10
466	466	percent larger than the existing node, provided that the increase
467	467	may not result in the node exceeding the size limitations provided
468	468	by Section 284.003;
469	469	(2) the replacement or upgrade does not include
470	470	replacement of an existing node support pole; and
471	471	(3) the replacement or upgrade does not defeat
472	472	existing concealment elements of a node support pole.
473	473	(c) The determination under Subsection (b)(1) of whether a
474	474	replacement or upgrade is substantially similar is made by
475	475	measuring from the dimensions of the network node or node support
476	476	pole as approved by the municipality.
477	477	(d) Notwithstanding Subsection (a):
478	478	(1) a municipality may require advance notice of work
479	479	described by that subsection; and
480	480	(2) a network provider may replace or upgrade a pole
481	481	only with the approval of the pole's owner.
482	482	SUBCHAPTER E. ACCESS TO AUTHORITY STRUCTURES
483	483	Sec. 284.201. USE NOT MANDATED. This chapter may not be
484	484	construed to require that a municipality allow collocation of
485	485	network nodes on a municipal pole or a municipally owned utility
486	486	pole.
487	487	Sec. 284.202. NONDISCRIMINATORY USE OF MUNICIPAL POLES. A
488	488	municipality that chooses to allow collocation of network nodes on
489	489	municipal poles must comply with Section 54.204, Utilities Code.
490	490	SUBCHAPTER F. GENERAL CONDITIONS OF ACCESS
491	491	Sec. 284.251. LOCAL POLICE-POWER-BASED REGULATIONS. (a)
492	492	Subject to this chapter and applicable federal and state law, a
493	493	municipality may continue to exercise zoning, land use, planning,
494	494	and permitting authority in the municipality's boundaries,
495	495	including with respect to utility poles.
496	496	(b) A municipality may exercise that authority to impose
497	497	police-power-based regulations for the management of the public
498	498	rights-of-way that apply to all persons subject to the
499	499	municipality.
500	500	(c) A municipality may impose police-power-based
501	501	regulations in the management of the activities of network
502	502	providers in the public rights-of-way only to the extent that the
503	503	regulations are reasonably necessary to protect the health, safety,
504	504	and welfare of the public.
505	505	Sec. 284.252. INDEMNIFICATION. The indemnification
506	506	provisions of Sections 283.057(a) and (b) apply to a network
507	507	provider accessing a public right-of-way under this chapter.
508	508	Sec. 284.253. RELOCATION. A network provider shall
509	509	relocate or adjust network nodes in a timely manner and without cost
510	510	to the municipality if the municipality requires the relocation or
511	511	adjustment to accommodate public improvements constructed on
512	512	behalf of the municipality in a public right-of-way.
513	513	Sec. 284.254. INTERFERENCE. (a) A network provider shall
514	514	operate all network nodes in accordance with all applicable laws,
515	515	including regulations adopted by the Federal Communications
516	516	Commission.
517	517	(b) A network provider shall ensure that the operation of a
518	518	network node does not cause any harmful radio frequency
519	519	interference to a Federal Communications Commission-authorized
520	520	mobile telecommunications operation of the municipality operating
521	521	at the time the network node was initially installed or
522	522	constructed. On written notice, a network provider shall take all
523	523	steps reasonably necessary to remedy any harmful interference.
524	524	SECTION 2. (a) In this section, "collocation," "fee,"
525	525	"network node," "node support pole," "public right-of-way," and
526	526	"public right-of-way rate" have the meanings assigned by Section
527	527	284.002, Local Government Code, as added by this Act.
528	528	(b) Not later than the first anniversary of the effective
529	529	date of this Act, each municipality that charges a public
530	530	right-of-way rate or fee to construct, install, mount, maintain,
531	531	modify, operate, or replace a network node or node support pole in a
532	532	public right-of-way, including collocation in a public
533	533	right-of-way, shall:
534	534	(1) determine whether the rate or fee complies with
535	535	the requirements prescribed by Section 284.053, Local Government
536	536	Code, as added by this Act; and
537	537	(2) if the rate or fee does not comply, amend the rate
538	538	or fee for all persons in any manner necessary for compliance.
539	539	SECTION 3. This Act takes effect immediately if it receives
540	540	a vote of two-thirds of all the members elected to each house, as
541	541	provided by Section 39, Article III, Texas Constitution. If this
542	542	Act does not receive the vote necessary for immediate effect, this
543	543	Act takes effect September 1, 2017.