4 | 12 | | AN ACT |
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5 | 13 | | relating to attachments for broadband service on utility poles |
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6 | 14 | | owned by an electric cooperative and establishing and funding a |
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7 | 15 | | pole replacement program for deployment of certain broadband |
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8 | 16 | | facilities. |
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9 | 17 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 18 | | SECTION 1. Chapter 403, Government Code, is amended by |
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11 | 19 | | adding Subchapter R to read as follows: |
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12 | 20 | | SUBCHAPTER R. INFRASTRUCTURE AND BROADBAND FUNDING |
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13 | 21 | | Sec. 403.501. DEFINITIONS. In this subchapter: |
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14 | 22 | | (1) "Pole replacement fund" means the broadband pole |
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15 | 23 | | replacement fund established under Section 403.502. |
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16 | 24 | | (2) "Pole replacement program" means the Texas |
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17 | 25 | | Broadband Pole Replacement Program established under Section |
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18 | 26 | | 403.503. |
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19 | 27 | | Sec. 403.502. BROADBAND POLE REPLACEMENT FUND. (a) The |
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20 | 28 | | broadband pole replacement fund is created as a fund in the state |
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21 | 29 | | treasury outside the general revenue fund. |
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22 | 30 | | (b) Notwithstanding any other law and except as provided by |
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23 | 31 | | federal law, the comptroller shall make a one-time transfer from |
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24 | 32 | | money received by this state from the federal government from the |
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25 | 33 | | Coronavirus Capital Projects Fund established under Section 9901 of |
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26 | 34 | | the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) to the |
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27 | 35 | | credit of the pole replacement fund. The comptroller shall make the |
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28 | 36 | | transfer described by this subsection as soon as practicable |
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29 | 37 | | following receipt by this state of money from the Coronavirus |
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30 | 38 | | Capital Projects Fund. |
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31 | 39 | | (c) Money deposited to the credit of the pole replacement |
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32 | 40 | | fund may be used only for the purpose of supporting the pole |
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33 | 41 | | replacement program under Section 403.503, including the costs of |
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34 | 42 | | program administration and operation. Money in the pole replacement |
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35 | 43 | | fund must be used in a manner consistent with federal law. |
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36 | 44 | | (d) Interest earned on money deposited to the credit of the |
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37 | 45 | | pole replacement fund is exempt from Section 404.071. Interest |
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38 | 46 | | earned on money in the fund shall be retained in the pole |
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39 | 47 | | replacement fund. |
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40 | 48 | | (e) The comptroller may issue guidelines for state agencies |
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41 | 49 | | regarding the implementation of this section. |
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42 | 50 | | Sec. 403.503. TEXAS BROADBAND POLE REPLACEMENT PROGRAM. |
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43 | 51 | | (a) In this section: |
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44 | 52 | | (1) "Eligible broadband facility" means a facility |
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45 | 53 | | used by a retail broadband service provider to provide qualifying |
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46 | 54 | | broadband service to residences or businesses in an unserved area, |
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47 | 55 | | including a facility owned by an affiliate of the provider and used |
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48 | 56 | | in the provision of service. The term does not include a facility |
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49 | 57 | | used only for the provision of wholesale service and not used by the |
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50 | 58 | | owner of the facility or the owner's affiliate to provide retail |
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51 | 59 | | qualifying broadband service directly to residences or businesses. |
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52 | 60 | | (2) "Eligible pole replacement cost" means the actual |
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53 | 61 | | and reasonable costs paid or incurred by a party after August 31, |
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54 | 62 | | 2021, to remove and replace a pole, including the amount of any |
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55 | 63 | | expenditures to remove and dispose of the existing pole, purchase |
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56 | 64 | | and install a replacement pole, and transfer any existing |
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57 | 65 | | facilities to the new pole. The term includes costs paid or incurred |
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58 | 66 | | by the party responsible for the costs of a pole replacement to |
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59 | 67 | | reimburse the party that performs the pole replacement. The term |
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60 | 68 | | does not include costs that the party incurs initially that have |
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61 | 69 | | been reimbursed to the party by another party ultimately |
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62 | 70 | | responsible for the costs. |
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63 | 71 | | (3) "Qualifying broadband service" means retail |
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64 | 72 | | wireline or wireless broadband service capable of providing: |
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65 | 73 | | (A) a download speed of 25 megabits per second or |
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66 | 74 | | faster; and |
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67 | 75 | | (B) an upload speed of 3 megabits per second or |
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68 | 76 | | faster. |
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69 | 77 | | (4) "Unserved area" means a location that lacks access |
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70 | 78 | | to a retail fixed, terrestrial, wireline, or wireless Internet |
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71 | 79 | | service capable of providing: |
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72 | 80 | | (A) a download speed of 25 megabits per second or |
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73 | 81 | | faster; and |
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74 | 82 | | (B) an upload speed of 3 megabits per second or |
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75 | 83 | | faster. |
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76 | 84 | | (5) "Pole" means any pole used, wholly or partly, for |
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77 | 85 | | any wire communications or electric distribution, irrespective of |
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78 | 86 | | who owns or operates the pole. |
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79 | 87 | | (6) "Pole owner" means a person who owns or controls a |
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80 | 88 | | pole. |
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81 | 89 | | (b) The Texas Broadband Pole Replacement Program is |
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82 | 90 | | established for the purpose of speeding the deployment of broadband |
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83 | 91 | | to individuals in rural areas by reimbursing a portion of eligible |
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84 | 92 | | pole replacement costs incurred by certain persons. |
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85 | 93 | | (c) The comptroller shall administer, prescribe rules for, |
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86 | 94 | | and provide administrative support for the pole replacement |
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87 | 95 | | program. The comptroller may take any action necessary or |
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88 | 96 | | convenient to implement the pole replacement program. |
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89 | 97 | | (d) A pole owner or a provider of qualifying broadband |
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90 | 98 | | service who pays or incurs the costs of removing and replacing an |
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91 | 99 | | existing pole in an unserved area for the purpose of accommodating |
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92 | 100 | | the attachment of an eligible broadband facility may apply to the |
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93 | 101 | | comptroller for a reimbursement award for an amount equal to: |
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94 | 102 | | (1) 50 percent of the eligible pole replacement costs |
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95 | 103 | | paid or incurred by the applicant or $5,000, whichever is less, for |
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96 | 104 | | the pole replaced; and |
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97 | 105 | | (2) the documented and reasonable administrative |
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98 | 106 | | expenses incurred by the applicant in preparing and submitting the |
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99 | 107 | | reimbursement application, including expenses charged by a pole |
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100 | 108 | | owner under Subsection (m). |
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101 | 109 | | (e) The amount reimbursed under Subsection (d)(2) may not |
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102 | 110 | | exceed five percent of the eligible pole replacement costs in the |
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103 | 111 | | application. |
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104 | 112 | | (f) For purposes of Subsection (d), a pole is considered to |
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105 | 113 | | be located in an unserved area if: |
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106 | 114 | | (1) at the time of the request by a retail broadband |
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107 | 115 | | service provider to attach facilities to the pole, the pole is in a |
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108 | 116 | | location that, according to the latest broadband availability data |
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109 | 117 | | made available by the Federal Communications Commission, is in an |
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110 | 118 | | unserved area; or |
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111 | 119 | | (2) the pole is located in an area that is the subject |
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112 | 120 | | of a federal or state grant to deploy broadband service, the |
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113 | 121 | | conditions of which limit the availability of a grant to unserved |
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114 | 122 | | areas. |
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115 | 123 | | (g) The comptroller shall require each applicant for |
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116 | 124 | | reimbursement to provide: |
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117 | 125 | | (1) information sufficient to establish the number, |
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118 | 126 | | cost, and eligibility of pole replacements and the identity of the |
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119 | 127 | | retail broadband service provider attaching the eligible broadband |
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120 | 128 | | facilities; |
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121 | 129 | | (2) documentation sufficient to establish that the |
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122 | 130 | | pole replacements have been completed or will be completed not |
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123 | 131 | | later than the 90th day after the award of program reimbursement; |
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124 | 132 | | (3) the amount of reimbursement requested and any |
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125 | 133 | | grant funding or accounting information required to justify the |
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126 | 134 | | amount of the request; |
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127 | 135 | | (4) a notarized statement from an officer or agent of |
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128 | 136 | | the applicant that the contents of the application are true and |
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129 | 137 | | accurate and that the applicant accepts the requirements of |
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130 | 138 | | Subsections (j), (k), and (l) as a condition of receiving an award |
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131 | 139 | | of program reimbursement; and |
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132 | 140 | | (5) any other information the comptroller considers |
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133 | 141 | | necessary for final review, award, and payment of program |
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134 | 142 | | reimbursements. |
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135 | 143 | | (h) Not later than the 60th day after the date that the |
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136 | 144 | | comptroller receives a completed application for reimbursement, |
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137 | 145 | | the comptroller shall review the application and, if the pole |
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138 | 146 | | replacement fund includes enough money to pay the award amount, |
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139 | 147 | | shall issue a reimbursement award. The award must be paid not later |
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140 | 148 | | than 30 days after the date of issuance. |
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141 | 149 | | (i) The comptroller must provide notice of a reimbursement |
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142 | 150 | | award to the pole owner and the retail broadband service provider |
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143 | 151 | | attaching the eligible broadband facility. |
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144 | 152 | | (j) As a condition of receiving an award of program |
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145 | 153 | | reimbursement, an applicant must certify the applicant's |
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146 | 154 | | compliance with the requirements of this section. |
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147 | 155 | | (k) If a pole owner receives a reimbursement award under |
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148 | 156 | | this section, the owner may not include in any rates or fees charged |
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149 | 157 | | for the owner's services an eligible pole replacement cost: |
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150 | 158 | | (1) reimbursed by the program; |
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151 | 159 | | (2) paid for by a qualifying broadband service |
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152 | 160 | | provider; or |
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153 | 161 | | (3) funded by another grant source. |
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154 | 162 | | (l) If the comptroller finds on substantial evidence after |
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155 | 163 | | notice and opportunity to respond that a recipient of funds under |
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156 | 164 | | this section has materially violated the requirements of this |
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157 | 165 | | section with respect to reimbursements or portions of |
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158 | 166 | | reimbursements, the comptroller may direct the recipient to refund |
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159 | 167 | | the reimbursement or a portion of the reimbursement with interest |
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160 | 168 | | at the applicable federal funds rate as specified by Section |
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161 | 169 | | 4A.506(b), Business & Commerce Code, to the pole replacement fund |
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162 | 170 | | or the state general fund. |
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163 | 171 | | (m) If a retail broadband service provider incurs eligible |
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164 | 172 | | pole replacement costs relating to a pole replacement performed by |
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165 | 173 | | the pole owner, the owner shall coordinate with the provider to |
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166 | 174 | | supply all information necessary for the provider to promptly |
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167 | 175 | | complete and submit an application under this section. A pole owner |
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168 | 176 | | may charge the provider the documented and reasonable |
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169 | 177 | | administrative expenses incurred by the pole owner for assistance, |
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170 | 178 | | in an amount not to exceed five percent of eligible pole replacement |
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171 | 179 | | costs. The provider may seek reimbursement of costs in accordance |
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172 | 180 | | with Subsection (d)(2). |
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173 | 181 | | (n) If the pole replacement fund does not have money |
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174 | 182 | | sufficient to pay an award, the application for the award is |
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175 | 183 | | considered denied. The application may be refiled if sufficient |
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176 | 184 | | funds are later made available in the pole replacement fund. |
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177 | 185 | | (o) Not later than the 60th day after the date the pole |
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178 | 186 | | replacement fund receives money for the pole replacement program, |
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179 | 187 | | the comptroller shall maintain and publish on the comptroller's |
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180 | 188 | | Internet website: |
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181 | 189 | | (1) statistics on the number of applications received, |
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182 | 190 | | processed, and rejected by the program; |
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183 | 191 | | (2) statistics on the size, number, and status of |
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184 | 192 | | reimbursements awarded by the program, including the retail |
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185 | 193 | | broadband service providers and pole owners receiving |
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186 | 194 | | reimbursements; and |
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187 | 195 | | (3) the estimated amount of money remaining in the |
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188 | 196 | | pole replacement fund. |
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189 | 197 | | (p) Not later than the first anniversary after the pole |
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190 | 198 | | replacement fund receives funds for the purpose of providing pole |
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191 | 199 | | replacement reimbursements, the state auditor shall audit the fund |
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192 | 200 | | and the administration of the pole replacement program. |
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193 | 201 | | (q) Not later than one year after the date that the amount |
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194 | 202 | | transferred to the pole replacement fund under Section 403.502(b) |
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195 | 203 | | is exhausted, the comptroller shall identify, examine, and report |
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196 | 204 | | on the deployment of broadband infrastructure and technology |
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197 | 205 | | facilitated by the pole reimbursements the comptroller has awarded. |
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198 | 206 | | SECTION 2. The heading to Chapter 252, Utilities Code, is |
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199 | 207 | | amended to read as follows: |
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200 | 208 | | CHAPTER 252. CABLE ATTACHMENTS TO ELECTRIC COOPERATIVE'S |
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201 | 209 | | DISTRIBUTION POLES |
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202 | 210 | | SECTION 3. Title 5, Utilities Code, is amended by adding |
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203 | 211 | | Chapter 253 to read as follows: |
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204 | 212 | | CHAPTER 253. BROADBAND ATTACHMENTS TO ELECTRIC COOPERATIVE'S |
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205 | 213 | | DISTRIBUTION POLES |
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206 | 214 | | SUBCHAPTER A. GENERAL PROVISIONS |
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207 | 215 | | Sec. 253.0001. DEFINITIONS. In this chapter: |
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208 | 216 | | (1) "Broadband provider" means an entity that provides |
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209 | 217 | | broadband service either directly or through an affiliate that uses |
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210 | 218 | | the entity's communications facilities, regardless of whether the |
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211 | 219 | | entity: |
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212 | 220 | | (A) provides additional services in addition to |
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213 | 221 | | broadband service; or |
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214 | 222 | | (B) uses its facilities in whole or in part to |
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215 | 223 | | provide broadband service. |
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216 | 224 | | (2) "Broadband service" means Internet service with |
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217 | 225 | | the capability of providing: |
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218 | 226 | | (A) a download speed of 25 megabits per second or |
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219 | 227 | | faster; and |
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220 | 228 | | (B) an upload speed of 3 megabits per second or |
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221 | 229 | | faster. |
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222 | 230 | | (3) "Pole" has the meaning assigned by Section |
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223 | 231 | | 252.001. |
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224 | 232 | | (4) "Pole attachment" means an affixture of cables, |
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225 | 233 | | strands, wires, and associated equipment used in the provision of a |
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226 | 234 | | broadband provider's services attached to a pole directly or |
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227 | 235 | | indirectly or placed in a right-of-way owned or controlled by an |
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228 | 236 | | electric cooperative. |
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229 | 237 | | Sec. 253.0002. APPLICABILITY. This chapter applies to a |
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230 | 238 | | pole attachment that is used wholly or partly to provide broadband |
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231 | 239 | | service and affixed by a broadband provider to a pole owned and |
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232 | 240 | | controlled by an electric cooperative. This chapter does not apply |
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233 | 241 | | to a pole attachment regulated by the Federal Communications |
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234 | 242 | | Commission under 47 U.S.C. Section 224. |
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235 | 243 | | Sec. 253.0003. CONSTRUCTION OF CHAPTER. (a) This chapter |
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236 | 244 | | does not abrogate or affect a right or obligation of a party to a |
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237 | 245 | | pole attachment contract entered into by a broadband provider and |
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238 | 246 | | an electric cooperative before September 1, 2021. |
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239 | 247 | | (b) This chapter does not limit a right of a party to a pole |
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240 | 248 | | attachment contract to request modification, amendment, or renewal |
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241 | 249 | | of such contract to conform it to the provisions of this chapter. |
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242 | 250 | | Sec. 253.0004. NO STATE CERTIFICATION; NO REGULATORY |
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243 | 251 | | AUTHORITY. (a) This chapter does not constitute state |
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244 | 252 | | certification under 47 U.S.C. Section 224. If a court determines |
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245 | 253 | | that this chapter constitutes certification under that section, |
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246 | 254 | | this chapter is not enforceable and has no effect. |
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247 | 255 | | (b) This chapter may not be construed to subject an electric |
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248 | 256 | | cooperative to regulation by the Federal Communications Commission |
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249 | 257 | | under 47 U.S.C. Section 224. |
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250 | 258 | | (c) This chapter does not authorize a department, agency, or |
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251 | 259 | | political subdivision of this state to exercise enforcement or |
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252 | 260 | | regulatory authority over attachments to electric cooperative |
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253 | 261 | | poles. |
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254 | 262 | | Sec. 253.0005. CONSTRUCTION OF TERMS AND PHRASES. |
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255 | 263 | | Technical terms and phrases in this chapter, other than those |
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256 | 264 | | defined by Section 253.0001, shall be construed using the term's or |
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257 | 265 | | phrase's usual and customary meanings in the electric and broadband |
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258 | 266 | | industries. |
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259 | 267 | | Sec. 253.0006. COST-BASED NONRECURRING CHARGES. |
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260 | 268 | | Nonrecurring charges authorized by this chapter must be cost-based. |
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261 | 269 | | SUBCHAPTER B. ACCESS TO POLES |
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262 | 270 | | Sec. 253.0101. APPLICATION FOR POLE ACCESS. A broadband |
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263 | 271 | | provider may not access a pole owned by an electric cooperative for |
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264 | 272 | | the purpose of placing a pole attachment unless the provider |
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265 | 273 | | applies for that access. |
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266 | 274 | | Sec. 253.0102. USE OF POLE ATTACHMENTS FOR MULTIPLE |
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267 | 275 | | SERVICES. A broadband provider that attaches a pole attachment |
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268 | 276 | | under this chapter may use the attachment for any service delivered |
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269 | 277 | | over the provider's facilities, including cable service. |
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270 | 278 | | Sec. 253.0103. NONDISCRIMINATORY ACCESS; MODIFICATION OR |
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271 | 279 | | REPLACEMENT TO ACCOMMODATE ATTACHMENT. (a) Except as provided by |
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272 | 280 | | this chapter, an electric cooperative shall provide a broadband |
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273 | 281 | | provider with nondiscriminatory access to a pole that the |
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274 | 282 | | cooperative owns or controls. |
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275 | 283 | | (b) Except as provided by Subsection (c), an electric |
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276 | 284 | | cooperative may deny a broadband provider access to a pole: |
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277 | 285 | | (1) if there is insufficient capacity; or |
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278 | 286 | | (2) for reasons of safety, reliability, and generally |
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279 | 287 | | applicable engineering purposes. |
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280 | 288 | | (c) An electric cooperative may not deny a broadband |
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281 | 289 | | provider access to a pole if the basis for denial may be remedied by |
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282 | 290 | | rearranging facilities on the pole through reasonable make-ready |
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283 | 291 | | activities. |
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284 | 292 | | (d) Except as provided by Subsection (e), if a pole must be |
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285 | 293 | | replaced to accommodate a new pole attachment applied for by a |
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286 | 294 | | broadband provider: |
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287 | 295 | | (1) the electric cooperative and broadband provider |
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288 | 296 | | shall determine, through good faith negotiations, a reasonable date |
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289 | 297 | | by which the pole replacement will occur; and |
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290 | 298 | | (2) the broadband provider shall pay the actual costs |
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291 | 299 | | of replacing the pole, including the cost to: |
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292 | 300 | | (A) remove and dispose of the existing pole; |
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293 | 301 | | (B) purchase and install a replacement pole; and |
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294 | 302 | | (C) transfer any existing facilities to the new |
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295 | 303 | | pole. |
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296 | 304 | | (e) An electric cooperative is responsible for the costs of |
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297 | 305 | | removing and replacing under Subsection (d) a pole: |
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298 | 306 | | (1) with recorded conditions or defects that would |
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299 | 307 | | reasonably be expected to endanger human life or property and which |
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300 | 308 | | should be promptly corrected; or |
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301 | 309 | | (2) that must be replaced for safety or reliability as |
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302 | 310 | | a result of normal wear and tear or other natural causes and not on |
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303 | 311 | | account of a pole attachment or the action of a broadband provider |
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304 | 312 | | or third party. |
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305 | 313 | | SUBCHAPTER C. POLE ATTACHMENT CONTRACTS |
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306 | 314 | | Sec. 253.0201. CONTRACTS FOR POLE ATTACHMENTS. (a) An |
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307 | 315 | | electric cooperative that owns a pole may require a broadband |
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308 | 316 | | provider that attaches a pole attachment to the pole under this |
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309 | 317 | | chapter to enter into a contract for access to the pole. |
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310 | 318 | | (b) The terms and conditions of a contract under Subsection |
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311 | 319 | | (a) must be consistent with this chapter. |
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312 | 320 | | Sec. 253.0202. RATES, TERMS, AND CONDITIONS FOR POLE |
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313 | 321 | | ATTACHMENT. (a) A broadband provider and an electric cooperative |
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314 | 322 | | shall establish the rates, terms, and conditions for pole |
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315 | 323 | | attachments by a written pole attachment contract executed by both |
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316 | 324 | | parties. |
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317 | 325 | | (b) The rates, terms, and conditions of a contract under |
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318 | 326 | | this chapter must: |
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319 | 327 | | (1) be just, reasonable, and nondiscriminatory; and |
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320 | 328 | | (2) comply with this chapter. |
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321 | 329 | | (c) In determining whether rates, terms, and conditions are |
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322 | 330 | | just and reasonable, the following factors must be considered: |
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323 | 331 | | (1) the interests of and benefits to the consumers and |
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324 | 332 | | potential consumers of the electric cooperative's services; |
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325 | 333 | | (2) the interests of and benefits to the subscribers |
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326 | 334 | | and potential subscribers to broadband services offered through the |
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327 | 335 | | pole attachments; |
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328 | 336 | | (3) the interests of and benefits to third parties |
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329 | 337 | | from the availability of electric services and broadband services |
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330 | 338 | | offered through the pole attachments; |
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331 | 339 | | (4) compliance with applicable safety standards; and |
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332 | 340 | | (5) the maintenance and reliability of both electric |
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333 | 341 | | distribution and broadband services. |
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334 | 342 | | (d) A broadband provider and an electric cooperative shall |
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335 | 343 | | negotiate a pole attachment contract and any amendment, |
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336 | 344 | | modification, or renewal thereof in good faith. |
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337 | 345 | | (e) A request to negotiate a new pole attachment contract or |
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338 | 346 | | to amend, modify, or renew a contract pertaining to pole |
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339 | 347 | | attachments by a broadband provider or an electric cooperative must |
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340 | 348 | | be made in writing. |
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341 | 349 | | Sec. 253.0203. CONTRACT NEGOTIATIONS AND MEDIATION. (a) |
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342 | 350 | | If a broadband provider and an electric cooperative are unable to |
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343 | 351 | | agree to a new pole attachment contract before the expiration date |
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344 | 352 | | of an existing contract, the rates, terms, and conditions of the |
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345 | 353 | | existing contract and the terms and conditions of the electric |
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346 | 354 | | cooperative's application and permitting processes remain in |
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347 | 355 | | force: |
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348 | 356 | | (1) during the 90-day negotiation period described by |
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349 | 357 | | Subsection (b) and during the period of any agreed extension; |
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350 | 358 | | (2) during the 60-day mediation period described by |
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351 | 359 | | Subsection (b) and during the period of any agreed extension; and |
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352 | 360 | | (3) pending final disposition of any litigation |
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353 | 361 | | commenced under Subsection (c). |
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354 | 362 | | (b) If a broadband provider and an electric cooperative are |
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355 | 363 | | unable to agree to a new pole attachment contract before the 91st |
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356 | 364 | | day after the expiration date of an existing contract, and are |
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357 | 365 | | unable to agree to an extension of the negotiation period for a |
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358 | 366 | | certain number of days, the broadband provider and electric |
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359 | 367 | | cooperative shall attempt to resolve any disagreement over the |
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360 | 368 | | rates, terms, or conditions by submitting the contract negotiations |
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361 | 369 | | to a mediation process. The mediation process may not extend later |
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362 | 370 | | than the 60th day after the end of the initial 90-day negotiation |
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363 | 371 | | period and any agreed extension of that period unless the broadband |
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364 | 372 | | provider and electric cooperative agree to an extension of the |
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365 | 373 | | mediation period for a certain number of days. The mediation |
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366 | 374 | | process must be conducted in a county in which the electric |
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367 | 375 | | cooperative has distribution poles. The broadband provider and |
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368 | 376 | | electric cooperative must share equally the expenses for the |
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369 | 377 | | mediator. |
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370 | 378 | | (c) If the mediation process under Subsection (b) does not |
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371 | 379 | | resolve the disagreement over the rates, terms, or conditions of a |
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372 | 380 | | new pole attachment agreement, the broadband provider or electric |
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373 | 381 | | cooperative may file suit in a district court to resolve the |
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374 | 382 | | disagreement or dispute. |
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375 | 383 | | SUBCHAPTER D. ADDITIONAL POLE ATTACHMENT REQUIREMENTS |
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376 | 384 | | Sec. 253.0401. TRANSFER OF ATTACHMENTS. (a) Before an |
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377 | 385 | | electric cooperative installs a new pole to replace an existing |
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378 | 386 | | pole due to the rerouting, maintenance, or upgrading of the |
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379 | 387 | | electric distribution system, the cooperative shall provide notice |
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380 | 388 | | of the replacement to each broadband provider with a pole |
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381 | 389 | | attachment on the existing pole. |
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382 | 390 | | (b) The notice required under Subsection (a) must specify a |
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383 | 391 | | date by which the broadband provider must remove the pole |
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384 | 392 | | attachment from the existing pole and transfer the attachment to |
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385 | 393 | | the new pole. |
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386 | 394 | | (c) If a broadband provider does not transfer a pole |
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387 | 395 | | attachment to the new pole before the 31st day after the date |
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388 | 396 | | specified in the notice, the electric cooperative may transfer the |
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389 | 397 | | pole attachment to the new pole at the broadband provider's |
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390 | 398 | | expense, including the cost for the electric cooperative to return |
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391 | 399 | | to the site. |
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392 | 400 | | (d) A broadband provider shall indemnify, defend, and hold |
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393 | 401 | | harmless an electric cooperative and the cooperative's members, |
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394 | 402 | | directors, officers, agents, and employees from and against all |
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395 | 403 | | liability for the removal and transfer of a pole attachment subject |
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396 | 404 | | to this section, except for personal injury or property damage |
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397 | 405 | | arising from the gross negligence or wilful misconduct of the |
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398 | 406 | | electric cooperative during the removal and transfer process. |
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399 | 407 | | Sec. 253.0402. ABANDONED POLE ATTACHMENTS; REMOVAL. (a) A |
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400 | 408 | | broadband provider that receives a written request from an electric |
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401 | 409 | | cooperative to remove an abandoned pole attachment owned by the |
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402 | 410 | | provider from a pole owned by the cooperative shall remove the |
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403 | 411 | | attachment not later than the 60th day after the date the provider |
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404 | 412 | | receives the request. |
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405 | 413 | | (b) Before the deadline under Subsection (a), a broadband |
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406 | 414 | | provider may request, and an electric cooperative may grant, a |
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407 | 415 | | reasonable extension of that deadline. A request for an extension |
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408 | 416 | | under this subsection must be in writing. |
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409 | 417 | | (c) If a broadband provider does not remove a pole |
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410 | 418 | | attachment by the deadline under Subsection (a) or an extended |
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411 | 419 | | deadline under Subsection (b), the electric cooperative may remove, |
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412 | 420 | | use, sell, or dispose of the pole attachment at the broadband |
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413 | 421 | | provider's expense. |
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414 | 422 | | (d) An electric cooperative may require that a broadband |
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415 | 423 | | provider post a security instrument in an amount reasonably |
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416 | 424 | | sufficient to cover the potential cost to the electric cooperative |
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417 | 425 | | of removal and disposal of abandoned pole attachments. |
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418 | 426 | | (e) A broadband provider shall indemnify, defend, and hold |
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419 | 427 | | harmless an electric cooperative and the cooperative's members, |
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420 | 428 | | directors, officers, agents, and employees from and against all |
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421 | 429 | | liability for the removal, use, sale, or disposal of abandoned pole |
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422 | 430 | | attachments, except for personal injury or property damage arising |
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423 | 431 | | from the gross negligence or wilful misconduct of the electric |
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424 | 432 | | cooperative during the removal and disposal process. |
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425 | 433 | | Sec. 253.0403. EASEMENTS; INDEMNITY. (a) A broadband |
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426 | 434 | | provider is responsible for obtaining all rights-of-way and |
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427 | 435 | | easements necessary for the installation, operation, and |
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428 | 436 | | maintenance of the provider's pole attachments. |
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429 | 437 | | (b) An electric cooperative is not required to obtain or |
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430 | 438 | | expand a right-of-way or easement to accommodate a pole attachment |
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431 | 439 | | requested by a broadband provider. |
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432 | 440 | | (c) An electric cooperative is not liable if a broadband |
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433 | 441 | | provider is prevented from placing or maintaining a pole attachment |
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434 | 442 | | because the broadband provider did not obtain a necessary |
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435 | 443 | | right-of-way or easement. |
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436 | 444 | | (d) A broadband provider shall indemnify, defend, and hold |
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437 | 445 | | harmless the electric cooperative and the cooperative's members, |
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438 | 446 | | directors, officers, agents, and employees from and against any |
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439 | 447 | | liability resulting from the broadband provider's failure to obtain |
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440 | 448 | | a necessary right-of-way or easement for a pole attachment. |
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441 | 449 | | SECTION 4. The comptroller of public accounts shall |
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442 | 450 | | establish rules for the Texas Broadband Pole Replacement Program, |
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443 | 451 | | as established by Section 403.503, Government Code, as added by |
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444 | 452 | | this Act, not later than March 1, 2022. |
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445 | 453 | | SECTION 5. This Act takes effect September 1, 2021. |
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