| 1 | 1 | | 89R97 JXC-F |
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| 2 | 2 | | By: Darby H.B. No. 3448 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the access by a certificated telecommunications |
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| 10 | 10 | | provider to the rights-of-way and poles of an electric cooperative. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Title 5, Utilities Code, is amended by adding |
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| 13 | 13 | | Chapter 254 to read as follows: |
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| 14 | 14 | | CHAPTER 254. ACCESS BY CERTIFICATED TELECOMMUNICATIONS PROVIDERS |
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| 15 | 15 | | TO ELECTRIC COOPERATIVE RIGHTS-OF-WAY AND DISTRIBUTION POLES |
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| 16 | 16 | | Sec. 254.001. DEFINITIONS. In this chapter: |
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| 17 | 17 | | (1) "Certificated telecommunications provider" means |
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| 18 | 18 | | a person who has been issued a certificate of convenience and |
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| 19 | 19 | | necessity, certificate of operating authority, or service provider |
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| 20 | 20 | | certificate of operating authority by the Public Utility Commission |
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| 21 | 21 | | of Texas to offer local exchange telephone service or a person who |
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| 22 | 22 | | provides voice service. |
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| 23 | 23 | | (2) "Pole" means a pole carrying distribution lines |
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| 24 | 24 | | with a voltage rating no higher than 34.5 kilovolts. |
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| 25 | 25 | | (3) "Pole attachment" means an affixture of cables, |
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| 26 | 26 | | strands, wires, and associated equipment attached to a pole |
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| 27 | 27 | | directly or indirectly or placed in a right-of-way owned or |
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| 28 | 28 | | controlled by an electric cooperative. |
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| 29 | 29 | | Sec. 254.002. NONDISCRIMINATORY ACCESS. (a) An electric |
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| 30 | 30 | | cooperative shall provide a certificated telecommunications |
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| 31 | 31 | | provider with nondiscriminatory access regarding: |
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| 32 | 32 | | (1) the placement of a facility in the electric |
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| 33 | 33 | | cooperative's right-of-way; |
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| 34 | 34 | | (2) a pole attachment rate or term for a pole that the |
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| 35 | 35 | | electric cooperative owns or controls; or |
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| 36 | 36 | | (3) access to a building relating to Subdivision (1) |
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| 37 | 37 | | or (2). |
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| 38 | 38 | | (b) An electric cooperative may not charge a certificated |
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| 39 | 39 | | telecommunications provider a pole attachment rate that: |
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| 40 | 40 | | (1) exceeds the rate agreed to in a contract between |
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| 41 | 41 | | the cooperative and the provider; or |
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| 42 | 42 | | (2) exceeds the rate that the electric cooperative |
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| 43 | 43 | | would be permitted to charge under rules adopted by the Federal |
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| 44 | 44 | | Communications Commission under 47 U.S.C. Section 224(e) if the |
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| 45 | 45 | | electric cooperative's rates were regulated under federal law and |
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| 46 | 46 | | the rules of the Federal Communications Commission, which may be |
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| 47 | 47 | | established by the Public Utility Commission of Texas in a |
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| 48 | 48 | | contested case proceeding under Chapter 2001, Government Code. |
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| 49 | 49 | | Sec. 254.003. AUTHORITY OF PUBLIC UTILITY COMMISSION. (a) |
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| 50 | 50 | | Notwithstanding Section 41.004, the Public Utility Commission of |
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| 51 | 51 | | Texas: |
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| 52 | 52 | | (1) may open a contested case proceeding under Chapter |
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| 53 | 53 | | 2001, Government Code, to determine whether a pole attachment rate |
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| 54 | 54 | | charged by an electric cooperative to a certificated |
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| 55 | 55 | | telecommunications provider complies with Section 254.002(b)(2); |
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| 56 | 56 | | and |
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| 57 | 57 | | (2) shall enforce this chapter and adopt rules |
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| 58 | 58 | | reasonably required for that purpose. |
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| 59 | 59 | | (b) For the purposes of enforcing this chapter, a reference |
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| 60 | 60 | | in Chapter 15 to a person includes an electric cooperative. |
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| 61 | 61 | | SECTION 2. This Act takes effect September 1, 2025. |
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