| 1 | 1 | | By: Darby H.B. No. 4910 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the access by a certificated telecommunications |
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| 7 | 7 | | provider to the rights-of-way and pole charges of an electric |
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| 8 | 8 | | cooperative. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sec. 54.204, Utilities Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | SUBCHAPTER E. MUNICIPALITIES AND ELECTRIC COOPERATIVES |
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| 13 | 13 | | Sec. 54.204. DISCRIMINATION BY A MUNICIPALITY OR AN |
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| 14 | 14 | | ELECTRIC COOPERATIVE PROHIBITED. (a) Notwithstanding Section |
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| 15 | 15 | | 14.008 and Section 41.004, a municipality or a municipally owned |
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| 16 | 16 | | utility or an electric cooperative may not discriminate against a |
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| 17 | 17 | | certificated telecommunications provider regarding: |
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| 18 | 18 | | (1) the authorization or placement of a facility in a |
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| 19 | 19 | | public right-of-way or an electric cooperative right-of-way; |
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| 20 | 20 | | (2) access to a building; or |
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| 21 | 21 | | (3) a municipal utility or an electric cooperative |
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| 22 | 22 | | pole attachment rate or term. |
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| 23 | 23 | | (b) In granting consent, a franchise, or a permit for the |
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| 24 | 24 | | use of a public street, alley, or right-of-way within its municipal |
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| 25 | 25 | | boundaries, a municipality or municipally owned utility may not |
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| 26 | 26 | | discriminate in favor of or against a certificated |
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| 27 | 27 | | telecommunications provider regarding: |
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| 28 | 28 | | (1) municipal utility pole attachment or underground |
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| 29 | 29 | | conduit rates or terms; or |
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| 30 | 30 | | (2) the authorization, placement, replacement, or |
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| 31 | 31 | | removal of a facility in a public right-of-way and the reasonable |
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| 32 | 32 | | compensation for the authorization, placement, replacement, or |
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| 33 | 33 | | removal regardless of whether the compensation is in the form of: |
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| 34 | 34 | | (A) money; |
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| 35 | 35 | | (B) services; |
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| 36 | 36 | | (C) use of facilities; or |
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| 37 | 37 | | (D) another kind of consideration. |
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| 38 | 38 | | (c) A municipality or a municipally owned utility or an |
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| 39 | 39 | | electric cooperative may not charge any entity, regardless of the |
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| 40 | 40 | | nature of the services provided by that entity, a pole attachment |
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| 41 | 41 | | rate or underground conduit rate that exceeds: |
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| 42 | 42 | | (1) the existing rate if the attaching entity and the |
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| 43 | 43 | | pole owner already have a contract; |
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| 44 | 44 | | (2) a mutually agreed rate, if the attaching entity |
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| 45 | 45 | | and the pole owner agree to a new rate; |
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| 46 | 46 | | (3) the fee the municipality or municipally owned |
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| 47 | 47 | | utility or the electric cooperative would be permitted to charge |
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| 48 | 48 | | under rules adopted by the Federal Communications Commission under |
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| 49 | 49 | | 47 U.S.C. Section 224(e) if the municipality's or municipally owned |
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| 50 | 50 | | utility's or the electric cooperative's rates were regulated under |
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| 51 | 51 | | federal law and the rules of the Federal Communications Commission, |
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| 52 | 52 | | or |
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| 53 | 53 | | (4) a rate determined by the commission in a contested |
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| 54 | 54 | | case under Chapter 2001, Government Code. |
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| 55 | 55 | | (d) In addition, not later than September 1, 2006, a |
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| 56 | 56 | | municipality or municipally owned utility shall charge a single, |
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| 57 | 57 | | uniform pole attachment or underground conduit rate to all entities |
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| 58 | 58 | | that are not affiliated with the municipality or municipally owned |
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| 59 | 59 | | utility regardless of the services carried over the networks |
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| 60 | 60 | | attached to the poles or underground conduit. |
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| 61 | 61 | | (e) (d) Notwithstanding any other law, the commission has |
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| 62 | 62 | | the jurisdiction necessary to enforce this section. |
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| 63 | 63 | | SECTION 2. This Act takes effect September 1, 2023. |
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