Texas 2021 - 87th Regular

Texas Senate Bill SB1283 Compare Versions

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1	1	87R8812 BRG-F
2	2	By: Hancock S.B. No. 1283
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to attachments for broadband service on utility poles
8	8	owned by an electric cooperative.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 252, Utilities Code, is
11	11	amended to read as follows:
12	12	CHAPTER 252. CABLE ATTACHMENTS TO ELECTRIC COOPERATIVE'S
13	13	DISTRIBUTION POLES
14	14	SECTION 2. Title 5, Utilities Code, is amended by adding
15	15	Chapter 253 to read as follows:
16	16	CHAPTER 253. BROADBAND ATTACHMENTS TO ELECTRIC COOPERATIVE'S
17	17	DISTRIBUTION POLES
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 253.0001. DEFINITIONS. In this chapter:
20	20	(1) "Broadband provider" means an entity that provides
21	21	broadband service either directly or through an affiliate that uses
22	22	the entity's communications facilities, regardless of whether the
23	23	entity:
24	24	(A) provides additional services in addition to
25	25	broadband service; or
26	26	(B) uses its facilities in whole or in part to
27	27	provide broadband service.
28	28	(2) "Broadband service" means Internet service with
29	29	the capability of providing:
30	30	(A) a download speed of 25 megabits per second or
31	31	faster; and
32	32	(B) an upload speed of three megabits per second
33	33	or faster.
34	34	(3) "Communications space" means the lower usable
35	35	space on a pole that is typically reserved for low-voltage
36	36	communications equipment.
37	37	(4) "Large order application" means an application
38	38	submitted by a broadband provider under this subchapter requesting
39	39	access to attach pole attachments to a number of poles:
40	40	(A) that exceeds the lesser of 300 poles or a
41	41	number equal to 0.5 percent of the electric cooperative's poles;
42	42	and
43	43	(B) that is not more than the lesser of 3,000
44	44	poles or a number equal to five percent of the electric
45	45	cooperative's poles.
46	46	(5) "Pole" has the meaning assigned by Section
47	47	252.001.
48	48	(6) "Pole attachment" means an affixture of cables,
49	49	strands, wires, and associated equipment used in the provision of a
50	50	broadband provider's services attached to a pole directly or
51	51	indirectly or placed in a right-of-way owned or controlled by an
52	52	electric cooperative.
53	53	(7) "Simple make-ready activities" means work to
54	54	accommodate a new pole attachment on a pole and includes work where
55	55	existing attachments in the communications space are moved without
56	56	any reasonable expectation of:
57	57	(A) service outage or facility damage;
58	58	(B) a need to splice an existing communications
59	59	attachment; or
60	60	(C) a need to relocate an existing wireless
61	61	attachment.
62	62	Sec. 253.0002. APPLICABILITY AND CONSTRUCTION OF CHAPTER.
63	63	(a) This chapter applies to a pole attachment affixed by a
64	64	broadband provider to a pole owned and controlled by an electric
65	65	cooperative. This chapter does not apply to a pole attachment
66	66	regulated by the Federal Communications Commission under 47 U.S.C.
67	67	Section 224.
68	68	(b) This chapter does not abrogate or affect a right or
69	69	obligation of a party to a pole attachment contract entered into by
70	70	a broadband provider and an electric cooperative before September
71	71	1, 2021.
72	72	(c) A broadband provider that attaches a pole attachment to
73	73	a pole owned by an electric cooperative under the terms of this
74	74	chapter is subject to Sections 252.006, 252.007, and 252.008 in the
75	75	same manner as if the broadband provider were a cable operator.
76	76	(d) This chapter does not limit a right of a party to a pole
77	77	attachment contract to request modification, amendment, or renewal
78	78	of such contract to conform it to the provisions of this chapter.
79	79	Sec. 253.0003. NO STATE CERTIFICATION; NO REGULATORY
80	80	AUTHORITY. (a) This chapter does not constitute state
81	81	certification under 47 U.S.C. Section 224. If a court determines
82	82	that this chapter constitutes certification under that section,
83	83	this chapter is not enforceable and has no effect.
84	84	(b) This chapter may not be construed to subject an electric
85	85	cooperative to regulation by the Federal Communications Commission
86	86	under 47 U.S.C. Section 224.
87	87	(c) This chapter does not authorize a department, agency, or
88	88	political subdivision of this state to exercise enforcement or
89	89	regulatory authority over attachments to electric cooperative
90	90	poles.
91	91	Sec. 253.0004. CONSTRUCTION OF TERMS AND PHRASES.
92	92	Technical terms and phrases in this chapter, other than those
93	93	defined by Section 253.0001, shall be construed using the term's or
94	94	phrase's usual and customary meanings in the electric and broadband
95	95	industries.
96	96	Sec. 253.0005. COST-BASED NON-RECURRING CHARGES.
97	97	Non-recurring charges authorized by this chapter must be
98	98	cost-based.
99	99	SUBCHAPTER B. APPLICATION FOR ACCESS TO POLES
100	100	Sec. 253.0101. APPLICATION FOR POLE ACCESS. (a) A
101	101	broadband provider may not access a pole owned by an electric
102	102	cooperative for the purpose of placing a pole attachment unless the
103	103	provider applies for that access in accordance with this
104	104	subchapter.
105	105	(b) An electric cooperative shall:
106	106	(1) establish a timeline for a broadband provider to
107	107	apply for and obtain access to poles for placing a pole attachment
108	108	under this chapter; and
109	109	(2) make available an explanation of the information
110	110	reasonably required for an application for access to poles for
111	111	placing a pole attachment under this chapter to be considered
112	112	complete.
113	113	Sec. 253.0102. REVIEW OF APPLICATION FOR COMPLETENESS. (a)
114	114	An electric cooperative shall review an application for
115	115	completeness before the cooperative reviews the application on the
116	116	merits.
117	117	(b) An electric cooperative shall notify an applicant
118	118	whether an application is complete not later than:
119	119	(1) the 10th business day after the date the
120	120	cooperative receives the application;
121	121	(2) the 25th business day after the date the
122	122	cooperative receives a large order application;
123	123	(3) the fifth business day after the date the
124	124	cooperative receives a resubmitted application; or
125	125	(4) the 20th business day after the date the
126	126	cooperative receives a resubmitted large order application.
127	127	Sec. 253.0103. TREATMENT OF MULTIPLE APPLICATIONS BY SAME
128	128	APPLICANT. For purposes of this chapter, an electric cooperative
129	129	may treat as a single application for pole access an application the
130	130	cooperative receives from the same applicant before the 31st day
131	131	after the cooperative receives that applicant's most recent
132	132	previous application.
133	133	Sec. 253.0104. GRANT OR DENIAL OF APPLICATION. (a) Except
134	134	as provided by Sections 253.0204 and 253.0302, an electric
135	135	cooperative shall grant or deny an application for pole access
136	136	under this chapter and provide to the applicant a survey of the
137	137	poles affected by the application not later than:
138	138	(1) the 45th day after the date the cooperative
139	139	receives a complete application; or
140	140	(2) the 60th day after the date the cooperative
141	141	receives a complete large order application.
142	142	(b) An electric cooperative may deny an application for
143	143	access to a pole under this chapter if:
144	144	(1) generally applicable safety, reliability, or
145	145	engineering requirements established for the protection of public
146	146	health, safety, or welfare prevent granting access; or
147	147	(2) the pole lacks sufficient capacity.
148	148	(c) Notwithstanding Subsection (b)(1), an electric
149	149	cooperative may not deny access to a pole if the capacity, safety,
150	150	reliability, or engineering consideration may be remedied by
151	151	rearranging, expanding, replacing, or otherwise safely
152	152	reengineering the pole or pole attachments through make-ready
153	153	activities.
154	154	(d) An electric cooperative's denial of an application to
155	155	access a pole under this chapter must:
156	156	(1) be specific;
157	157	(2) include all relevant evidence and information that
158	158	supports the denial; and
159	159	(3) explain how the evidence and information relate to
160	160	the denial.
161	161	Sec. 253.0105. DEADLINES NOT APPLICABLE TO CERTAIN
162	162	APPLICATIONS. (a) An electric cooperative is not required to meet
163	163	the deadlines under this subchapter for an application for pole
164	164	access to place pole attachments on more than 3,000 poles or more
165	165	than 5 percent of the electric cooperative's poles.
166	166	(b) An electric cooperative may not act under Subsection (a)
167	167	to delay an application unreasonably and shall negotiate in good
168	168	faith with the applicant regarding the time required to fulfill the
169	169	cooperative's duties.
170	170	SUBCHAPTER C. MAKE-READY ACTIVITIES
171	171	Sec. 253.0201. DEADLINES FOR MAKE-READY ACTIVITIES. (a)
172	172	Not later than the 15th day after the date an electric cooperative
173	173	grants an application, the electric cooperative shall provide to
174	174	the broadband provider a detailed and itemized estimate of the
175	175	expected costs of all necessary make-ready activities.
176	176	(b) An electric cooperative shall complete all make-ready
177	177	activities in the communications space and send a detailed,
178	178	itemized final invoice to the broadband provider not later than:
179	179	(1) the 30th day after the date the electric
180	180	cooperative receives payment of the estimated make-ready cost from
181	181	the broadband provider; or
182	182	(2) for a large order application, the 75th day after
183	183	the date the electric cooperative receives payment of the estimated
184	184	make-ready cost from the broadband provider.
185	185	(c) An electric cooperative shall complete all make-ready
186	186	activities above the communications space, including pole
187	187	replacements, and send a detailed, itemized final invoice to the
188	188	broadband provider not later than:
189	189	(1) the 90th day after the date the electric
190	190	cooperative receives payment of the estimated make-ready cost from
191	191	the broadband provider; or
192	192	(2) for a large order application, the 135th day after
193	193	the date the electric cooperative receives payment of the estimated
194	194	make-ready cost from the broadband provider.
195	195	Sec. 253.0202. EXTENSION OF MAKE-READY ACTIVITIES
196	196	DEADLINE. (a) An electric cooperative may extend a deadline under
197	197	Section 253.0201(b) or (c) for a cause that renders the deadline
198	198	infeasible. A cooperative that chooses to extend a deadline shall:
199	199	(1) immediately and in writing notify the broadband
200	200	provider and each person with an affected existing pole attachment
201	201	about the delay; and
202	202	(2) identify the affected poles and provide a detailed
203	203	explanation of the reason for the delay and an estimated new
204	204	completion date to the broadband provider and each person with an
205	205	affected existing pole attachment.
206	206	(b) An electric cooperative may not extend a deadline under
207	207	this section for a period longer than is necessary to complete
208	208	make-ready activities on affected poles.
209	209	(c) An electric cooperative may not extend a deadline under
210	210	this section because of a preexisting violation on an affected pole
211	211	caused by a person other than the broadband provider. The
212	212	cooperative shall correct a preexisting violation as part of the
213	213	make-ready process and before the applicable deadline at the cost
214	214	of the responsible person.
215	215	(d) An electric cooperative shall resume make-ready
216	216	activities without discrimination when the cooperative returns to
217	217	routine operations.
218	218	Sec. 253.0203. DEADLINES NOT APPLICABLE TO CERTAIN
219	219	APPLICATIONS. (a) An electric cooperative is not required to meet
220	220	the deadlines under this subchapter for an application to place
221	221	pole attachments on more than 3,000 poles or more than five percent
222	222	of the electric cooperative's poles.
223	223	(b) An electric cooperative may not act under Subsection (a)
224	224	to delay an application unreasonably and shall negotiate in good
225	225	faith with the applicant regarding the time required to fulfill the
226	226	cooperative's duties.
227	227	Sec. 253.0204. CONTRACTORS FOR MAKE-READY ACTIVITIES. (a)
228	228	A broadband provider may hire a contractor approved by the electric
229	229	cooperative to complete a survey under Section 253.0104 or perform
230	230	a make-ready activity under this subchapter that is not timely
231	231	completed by the electric cooperative or a person with an existing
232	232	pole attachment.
233	233	(b) The broadband provider shall provide reasonably timely
234	234	notice to the electric cooperative and each person with an existing
235	235	pole attachment on an affected pole that the provider intends to
236	236	hire a contractor as authorized by Subsection (a).
237	237	(c) The broadband provider shall provide reasonably timely
238	238	notice to the electric cooperative and each person with an existing
239	239	pole attachment on an affected pole of the contractor's completion
240	240	of the make-ready activities.
241	241	(d) An electric cooperative may not act under Subsection (a)
242	242	unreasonably to withhold approval of a contractor for purposes of
243	243	this section.
244	244	(e) Not later than the 90th day after the date a broadband
245	245	provider provides notice as provided by Subsection (c), the
246	246	cooperative or person may inspect the make-ready work.
247	247	(f) Not later than the 14th day after the date that an
248	248	electric cooperative or person completes an inspection under
249	249	Subsection (e), the cooperative or person may notify the broadband
250	250	provider of any damage or code violations caused by such work. The
251	251	notice must include specific documentation.
252	252	(g) The electric cooperative or person that completes an
253	253	inspection may:
254	254	(1) remedy any defective make-ready work at the cost
255	255	of the broadband provider; or
256	256	(2) require the provider to remedy the defect not
257	257	later than the 14th day after the provider receives the notice under
258	258	Subsection (f).
259	259	Sec. 253.0205. LIST OF APPROVED CONTRACTORS. (a) An
260	260	electric cooperative shall maintain and make available a list of
261	261	approved contractors for work above the communications space and
262	262	pole replacements. An electric cooperative may require any work
263	263	above the communications space and pole replacements to be
264	264	performed by contractors on this list, including work performed by
265	265	a contractor hired under Section 253.0204.
266	266	(b) An electric cooperative may not act unreasonably to
267	267	withhold consent for a requested addition of a qualified contractor
268	268	to the list described by Subsection (a).
269	269	SUBCHAPTER D. OPTION FOR SIMPLE MAKE-READY ACTIVITIES
270	270	Sec. 253.0301. OPTION: SIMPLE MAKE-READY. A broadband
271	271	provider may choose to perform simple make-ready activities using
272	272	one-touch make-ready procedures in place of the process outlined
273	273	under Subchapter C.
274	274	Sec. 253.0302. GRANT OR DENIAL OF APPLICATION: SIMPLE
275	275	MAKE-READY. (a) A broadband provider that chooses to perform
276	276	simple make-ready activities as described by Section 253.0301 must
277	277	indicate that choice and describe the work to be performed as part
278	278	of the provider's initial application under Subchapter B.
279	279	(b) An electric cooperative shall grant or deny an
280	280	application for simple make-ready activities under this section not
281	281	later than:
282	282	(1) the 15th day after the date the cooperative
283	283	receives a complete application; or
284	284	(2) the 30th day after the date the cooperative
285	285	receives a complete large order application.
286	286	Sec. 253.0303. SIMPLE MAKE-READY ACTIVITIES PERFORMED BY
287	287	CONTRACTOR. (a) If an application for activities under Section
288	288	253.0302 is granted, a contractor hired by the broadband provider
289	289	shall perform all necessary surveys.
290	290	(b) The broadband provider and contractor shall provide a
291	291	reasonable opportunity for the electric cooperative and a person
292	292	with an existing pole attachment on an affected pole to be present
293	293	for any field inspections.
294	294	(c) A contractor hired by the broadband provider may perform
295	295	all simple make-ready activities. Not later than the 15th day
296	296	before the date the contractor begins performing simple make-ready
297	297	activities, the contractor shall provide to the electric
298	298	cooperative and a person with an existing pole attachment on an
299	299	affected pole written notice that:
300	300	(1) identifies the contractor performing the
301	301	activities; and
302	302	(2) sets out reasonable opportunities for the
303	303	cooperative and person to be present for the activities.
304	304	Sec. 253.0304. INSPECTION OF WORK AND REMEDIATION OF
305	305	DAMAGES. (a) A broadband provider immediately shall notify the
306	306	electric cooperative and a person with an existing pole attachment
307	307	on an affected pole of any damage to the cooperative's or person's
308	308	facilities reasonably likely to interrupt the entity's service.
309	309	(b) An electric cooperative or person that receives notice
310	310	under Subsection (a) may:
311	311	(1) complete any remedial work at a reasonable cost to
312	312	the broadband provider; or
313	313	(2) require the broadband provider immediately to
314	314	remedy the damage at the provider's own expense.
315	315	(c) Not later than the 15th day after the date a broadband
316	316	provider or contractor hired by the provider completes simple
317	317	make-ready activities on a pole, the provider shall notify the
318	318	electric cooperative and a person with an existing pole attachment
319	319	on the pole of the completed work.
320	320	(d) Not later than the 90th day after the date an electric
321	321	cooperative or person receives notice under Subsection (c), the
322	322	cooperative or person may inspect the work. Not later than the 14th
323	323	day after the date of the inspection, the cooperative or person may
324	324	provide notice to the broadband provider, with specific
325	325	documentation, of any damage or code violations caused by the work.
326	326	(e) An electric cooperative or person that provides notice
327	327	under Subsection (d) may:
328	328	(1) remedy any defective make-ready work at the cost
329	329	of the broadband provider; or
330	330	(2) require the provider to remedy the defect not
331	331	later than the 14th day after the date the provider received the
332	332	notice under Subsection (d).
333	333	SUBCHAPTER E. POLES AND POLE ATTACHMENTS
334	334	Sec. 253.0401. DUTIES OF ELECTRIC COOPERATIVE. An electric
335	335	cooperative shall rearrange, expand, replace, or otherwise safely
336	336	reengineer any pole at the request of a broadband provider whose
337	337	application for access to a pole is granted if the change is:
338	338	(1) consistent with the National Electrical Safety
339	339	Code; and
340	340	(2) reasonably necessary to safely accommodate a pole
341	341	attachment.
342	342	Sec. 253.0402. RECOVERY OF COSTS FOR REPLACING POLES. (a)
343	343	If an electric cooperative is required under Section 253.0401 to
344	344	replace a pole that has been in service for longer than 75 percent
345	345	and less than 100 percent of the average service life of a pole
346	346	owned by the cooperative, the cooperative may not require
347	347	reimbursement of costs associated with replacing the pole from the
348	348	broadband provider that exceed the cooperative's reasonable costs
349	349	of advancing the retirement of the existing pole.
350	350	(b) The costs under Subsection (a) shall be determined by
351	351	adding:
352	352	(1) the remaining undepreciated value of the existing
353	353	pole;
354	354	(2) any interest expense of advancing the replacement
355	355	of the pole relative to replacing the pole at the end of the average
356	356	service life of a pole owned by the electric cooperative; and
357	357	(3) any reasonable incremental cost of increasing the
358	358	capacity of the replacement pole relative to the installation cost
359	359	of the average new pole installed by the electric cooperative.
360	360	(c) If an electric cooperative is required under Section
361	361	253.0401 to replace a pole that has been in service for the average
362	362	service life of a pole owned by the electric cooperative or longer,
363	363	the cooperative may not require reimbursement of costs associated
364	364	with replacing the pole from the broadband provider that exceed any
365	365	reasonable incremental cost of increasing the capacity of the
366	366	replacement pole relative to the installation cost of the average
367	367	new pole installed by the electric cooperative.
368	368	(d) An electric cooperative shall determine the average
369	369	service life of a pole as the period of time during which an
370	370	electric cooperative's books maintained for tax and accounting
371	371	purposes consider an average pole to have positive value, after
372	372	depreciation.
373	373	Sec. 253.0403. SHARING COSTS OF MODIFICATION TO POLE. (a)
374	374	The following entities must share proportionately in the costs of
375	375	modifying a pole under Section 253.0401:
376	376	(1) the broadband provider who obtains access to a
377	377	pole through a modification to the pole; and
378	378	(2) a person who directly benefits from a
379	379	modification, including:
380	380	(A) the electric cooperative;
381	381	(B) a person with an existing attachment on the
382	382	pole who adds to or modifies the person's attachment after
383	383	receiving notice of the modification; and
384	384	(C) a party that makes an attachment to a pole
385	385	after the completion of a modification that made the attachment
386	386	possible.
387	387	(b) This section does not affect the responsibility of the
388	388	electric cooperative under Sections 253.0401 and 253.0402.
389	389	Sec. 253.0404. EXTENSION ARMS AND TEMPORARY POLE
390	390	ATTACHMENTS. (a) A broadband provider may use extension arms and
391	391	temporary attachments pending the completion of make-ready
392	392	activities if use of extension arms and temporary attachments
393	393	complies with the National Electrical Safety Code or other
394	394	applicable safety codes.
395	395	(b) An electric cooperative may require a broadband
396	396	provider to convert a temporary attachment to a permanent
397	397	attachment not later than the 60th day after the date of the
398	398	completion of make-ready activities and may require the provider to
399	399	comply with the National Electrical Safety Code or other
400	400	applicable safety codes.
401	401	Sec. 253.0405. POLE ATTACHMENT SPECIFICATIONS. (a) A
402	402	broadband provider may not be required to meet pole attachment
403	403	specifications that exceed the specifications in the National
404	404	Electrical Safety Code, applicable fire safety codes, and any
405	405	building code or similar code of general applicability for the
406	406	protection of public health, safety, or welfare a political
407	407	subdivision adopted before the provider submitted an application to
408	408	the cooperative.
409	409	(b) This section may not be construed to expand the power of
410	410	any local government jurisdiction.
411	411	Sec. 253.0406. OVERLASHING. (a) A broadband provider with
412	412	an existing pole attachment may not be required to obtain advance
413	413	approval from an electric cooperative to overlash or permit a third
414	414	party to overlash the provider's existing wires.
415	415	(b) An electric cooperative may require a broadband
416	416	provider to provide notice before and after overlashing. The
417	417	cooperative may not require notice before overlashing to be
418	418	provided before the 15th day before the date of the overlashing
419	419	activities.
420	420	(c) An electric cooperative may require a broadband
421	421	provider to modify an overlashing proposal to address specific and
422	422	identified capacity, safety, reliability, or engineering issues.
423	423	The cooperative may not prohibit the provider from overlashing
424	424	because of a preexisting violation caused by another person.
425	425	(d) An electric cooperative may require a broadband
426	426	provider to remedy damage or code violations caused by overlashing
427	427	if the electric cooperative:
428	428	(1) inspects the overlash not later than the 90th day
429	429	after the date the cooperative receives notice that an overlash is
430	430	complete; and
431	431	(2) informs the provider of the damage or violation
432	432	not later than the 14th day after the date of the inspection.
433	433	Sec. 253.0407. USE OF POLE ATTACHMENTS FOR MULTIPLE
434	434	SERVICES. A broadband provider that attaches a pole attachment
435	435	under this chapter may use the attachment for any service delivered
436	436	over the provider's facilities, including cable service.
437	437	SUBCHAPTER F. POLE ATTACHMENT CONTRACTS
438	438	Sec. 253.0501. POLE ATTACHMENT CONTRACTS WITH BROADBAND
439	439	PROVIDERS. (a) A broadband provider and an electric cooperative
440	440	shall establish the rates, terms, and conditions for pole
441	441	attachments by a written pole attachment contract executed by both
442	442	parties. The rates, terms, and conditions for attachments by a
443	443	broadband provider on an electric cooperative's poles must be just,
444	444	reasonable, and nondiscriminatory.
445	445	(b) In determining whether rates, terms, and conditions are
446	446	just and reasonable, the following factors must be considered:
447	447	(1) the interests of and benefits to the consumers and
448	448	potential consumers of the electric cooperative's services;
449	449	(2) the interests of and benefits to the subscribers
450	450	and potential subscribers to broadband services offered through the
451	451	pole attachments;
452	452	(3) the interests of and benefits to third parties
453	453	from the availability of broadband services offered through the
454	454	pole attachments;
455	455	(4) compliance with the specifications in the National
456	456	Electrical Safety Code, applicable fire safety codes, and any
457	457	building code or similar code of general applicability for the
458	458	protection of public health, safety, or welfare applicable to the
459	459	pole attachments; and
460	460	(5) the maintenance and reliability of both electric
461	461	distribution and broadband services.
462	462	(c) A broadband provider and an electric cooperative shall
463	463	negotiate a pole attachment contract and any amendment,
464	464	modification, or renewal thereof in good faith.
465	465	(d) A request to negotiate a new pole attachment contract or
466	466	to amend, modify, or renew a contract pertaining to pole
467	467	attachments by a broadband provider or an electric cooperative must
468	468	be made in writing.
469	469	Sec. 253.0502. CONTRACT NEGOTIATIONS AND MEDIATION. (a)
470	470	If a broadband provider and an electric cooperative are unable to
471	471	agree to a new pole attachment contract before the expiration date
472	472	of an existing contract, the rates, terms, and conditions of the
473	473	existing contract and the terms and conditions of the electric
474	474	cooperative's application and permitting processes remain in
475	475	force:
476	476	(1) during the 90-day negotiation period described by
477	477	Subsection (b) and during the period of any agreed extension;
478	478	(2) during the 60-day mediation period described by
479	479	Subsection (b) and during the period of any agreed extension; and
480	480	(3) pending final disposition of any litigation
481	481	commenced under Subsection (c).
482	482	(b) If a broadband provider and an electric cooperative are
483	483	unable to agree to a new pole attachment contract before the 91st
484	484	day after the expiration date of an existing contract, and are
485	485	unable to agree to an extension of the negotiation period for a
486	486	certain number of days, the broadband provider and electric
487	487	cooperative shall attempt to resolve any disagreement over the
488	488	rates, terms, or conditions by submitting the contract negotiations
489	489	to a mediation process. The mediation process may not extend later
490	490	than the 60th day after the end of the initial 90-day negotiation
491	491	period and any agreed extension of that period unless the broadband
492	492	provider and electric cooperative agree to an extension of the
493	493	mediation period for a certain number of days. The mediation
494	494	process must be conducted in a county in which the electric
495	495	cooperative has distribution poles. The broadband provider and
496	496	electric cooperative must share equally the expenses for the
497	497	mediator.
498	498	(c) If the mediation process under Subsection (b) does not
499	499	resolve the disagreement over the rates, terms, or conditions of a
500	500	new pole attachment agreement, or if a dispute arises under the
501	501	terms of an existing agreement or the requirements of this chapter,
502	502	the broadband provider or electric cooperative may file suit in a
503	503	district court to resolve the disagreement or dispute, including to
504	504	enforce the terms of the agreement or of this chapter.
505	505	SECTION 3. This Act takes effect September 1, 2021.