Texas 2017 - 85th Regular

Texas Senate Bill SB1515 Compare Versions

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

Old	New	Differences
1	1	85R10896 GRM-F
2	2	By: Hancock S.B. No. 1515
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority to install a small wireless facility in a
8	8	public right-of-way.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 181, Utilities Code, is amended by
11	11	adding Subchapter G to read as follows:
12	12	SUBCHAPTER G. PROVISIONS APPLYING TO WIRELESS SERVICE PROVIDERS
13	13	Sec. 181.151. DEFINITIONS. In this subchapter:
14	14	(1) "Small wireless facility" means a wireless
15	15	facility in which:
16	16	(A) each antenna is located inside an enclosure
17	17	of not more than six cubic feet in volume or, if an antenna has
18	18	exposed elements, the antenna and all of the antenna's exposed
19	19	elements could fit within an imaginary enclosure of not more than
20	20	six cubic feet; and
21	21	(B) all other wireless equipment associated with
22	22	the wireless facility is cumulatively not more than 28 cubic feet in
23	23	volume after excluding the following associated ancillary
24	24	equipment:
25	25	(i) electric meters;
26	26	(ii) concealment elements;
27	27	(iii) telecommunications demarcation
28	28	boxes;
29	29	(iv) ground-based enclosures;
30	30	(v) grounding equipment;
31	31	(vi) power transfer switches;
32	32	(vii) cutoff switches; and
33	33	(viii) vertical cable runs for the
34	34	connection of power and other services.
35	35	(2) "Wireless facility" means equipment at a fixed
36	36	location that enables wireless communications between user
37	37	equipment and a communications network. The term:
38	38	(A) includes small wireless facilities and:
39	39	(i) equipment associated with wireless
40	40	communications; and
41	41	(ii) radio transceivers, antennas, coaxial
42	42	or fiber optic cable, regular and backup power supplies, and
43	43	comparable equipment, regardless of technological configuration;
44	44	and
45	45	(B) does not include the structure or
46	46	improvements on, under, or within which equipment is collocated.
47	47	(3) "Wireless service provider" means a carrier
48	48	licensed by the Federal Communications Commission to provide
49	49	wireless services.
50	50	(4) "Wireless services" means a service provided to
51	51	the public using a wireless facility, regardless of whether the
52	52	service is at a fixed location or mobile.
53	53	(5) "Wireless support structure" means a utility pole
54	54	or other existing or proposed structure designed to support
55	55	wireless facilities.
56	56	Sec. 181.152. AUTHORITY TO INSTALL WIRELESS FACILITIES AND
57	57	WIRELESS SUPPORT STRUCTURES ON PUBLIC RIGHT-OF-WAY. (a) A
58	58	wireless service provider may install wireless facilities and
59	59	wireless support structures in a right-of-way owned or managed by a
60	60	political subdivision or municipally owned utility in a manner that
61	61	does not inconvenience the public in the use of the right-of-way.
62	62	(b) A political subdivision or municipally owned utility
63	63	may not require a wireless service provider that installs a
64	64	wireless facility or wireless support structure under Subsection
65	65	(a) to compensate the political subdivision or municipally owned
66	66	utility at a rate that is higher than a rate that is sufficient to
67	67	cover the direct cost of managing the right-of-way.
68	68	SECTION 2. (a) In this section, "wireless facility,"
69	69	"wireless service provider," and "wireless support structure" have
70	70	the meanings assigned by Section 181.151, Utilities Code, as added
71	71	by this Act.
72	72	(b) Except as provided by Subsection (c) of this section,
73	73	this Act does not apply to an agreement for the use of a public
74	74	right-of-way entered into before the effective date of this Act.
75	75	That agreement is governed by the law in effect on the date the
76	76	agreement was entered into, and the former law is continued in
77	77	effect for that purpose.
78	78	(c) Notwithstanding the terms of an agreement described by
79	79	Subsection (b) of this section, a wireless service provider may
80	80	elect to compensate the political subdivision or municipally owned
81	81	utility in accordance with Section 181.152(b), Utilities Code, as
82	82	added by this Act, for wireless facilities and wireless support
83	83	structures deployed on or after the effective date of this Act.
84	84	(d) If an agreement described by Subsection (b) of this
85	85	section is terminated in accordance with the agreement's terms, the
86	86	wireless service provider may elect to apply the rates and terms
87	87	provisions of Subchapter G, Chapter 181, Utilities Code, as added
88	88	by this Act, to wireless facilities and wireless support structures
89	89	deployed before that termination.
90	90	SECTION 3. This Act takes effect immediately if it receives
91	91	a vote of two-thirds of all the members elected to each house, as
92	92	provided by Section 39, Article III, Texas Constitution. If this
93	93	Act does not receive the vote necessary for immediate effect, this
94	94	Act takes effect September 1, 2017.