85R10896 GRM-F
By: Hancock S.B. No. 1515
A BILL TO BE ENTITLED
AN ACT
relating to the authority to install a small wireless facility in a
public right-of-way.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 181, Utilities Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. PROVISIONS APPLYING TO WIRELESS SERVICE PROVIDERS
Sec. 181.151. DEFINITIONS. In this subchapter:
(1) "Small wireless facility" means a wireless
facility in which:
(A) each antenna is located inside an enclosure
of not more than six cubic feet in volume or, if an antenna has
exposed elements, the antenna and all of the antenna's exposed
elements could fit within an imaginary enclosure of not more than
six cubic feet; and
(B) all other wireless equipment associated with
the wireless facility is cumulatively not more than 28 cubic feet in
volume after excluding the following associated ancillary
equipment:
(i) electric meters;
(ii) concealment elements;
(iii) telecommunications demarcation
boxes;
(iv) ground-based enclosures;
(v) grounding equipment;
(vi) power transfer switches;
(vii) cutoff switches; and
(viii) vertical cable runs for the
connection of power and other services.
(2) "Wireless facility" means equipment at a fixed
location that enables wireless communications between user
equipment and a communications network. The term:
(A) includes small wireless facilities and:
(i) equipment associated with wireless
communications; and
(ii) radio transceivers, antennas, coaxial
or fiber optic cable, regular and backup power supplies, and
comparable equipment, regardless of technological configuration;
and
(B) does not include the structure or
improvements on, under, or within which equipment is collocated.
(3) "Wireless service provider" means a carrier
licensed by the Federal Communications Commission to provide
wireless services.
(4) "Wireless services" means a service provided to
the public using a wireless facility, regardless of whether the
service is at a fixed location or mobile.
(5) "Wireless support structure" means a utility pole
or other existing or proposed structure designed to support
wireless facilities.
Sec. 181.152. AUTHORITY TO INSTALL WIRELESS FACILITIES AND
WIRELESS SUPPORT STRUCTURES ON PUBLIC RIGHT-OF-WAY. (a) A
wireless service provider may install wireless facilities and
wireless support structures in a right-of-way owned or managed by a
political subdivision or municipally owned utility in a manner that
does not inconvenience the public in the use of the right-of-way.
(b) A political subdivision or municipally owned utility
may not require a wireless service provider that installs a
wireless facility or wireless support structure under Subsection
(a) to compensate the political subdivision or municipally owned
utility at a rate that is higher than a rate that is sufficient to
cover the direct cost of managing the right-of-way.
SECTION 2. (a) In this section, "wireless facility,"
"wireless service provider," and "wireless support structure" have
the meanings assigned by Section 181.151, Utilities Code, as added
by this Act.
(b) Except as provided by Subsection (c) of this section,
this Act does not apply to an agreement for the use of a public
right-of-way entered into before the effective date of this Act.
That agreement is governed by the law in effect on the date the
agreement was entered into, and the former law is continued in
effect for that purpose.
(c) Notwithstanding the terms of an agreement described by
Subsection (b) of this section, a wireless service provider may
elect to compensate the political subdivision or municipally owned
utility in accordance with Section 181.152(b), Utilities Code, as
added by this Act, for wireless facilities and wireless support
structures deployed on or after the effective date of this Act.
(d) If an agreement described by Subsection (b) of this
section is terminated in accordance with the agreement's terms, the
wireless service provider may elect to apply the rates and terms
provisions of Subchapter G, Chapter 181, Utilities Code, as added
by this Act, to wireless facilities and wireless support structures
deployed before that termination.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.