Texas Utilities Code

§ 253.0103 — NONDISCRIMINATORY ACCESS; MODIFICATION OR REPLACEMENT TO ACCOMMODATE ATTACHMENT

UT § 253.0103Title 5. PROVISIONS AFFECTING THE OPERATION OF UTILITY FACILITIES · Ch. 253. BROADBAND ATTACHMENTS TO ELECTRIC COOPERATIVE'S DISTRIBUTION POLES · Art. B. ACCESS TO POLES

Statute text

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(a)Except as provided by this chapter, an electric cooperative shall provide a broadband provider with nondiscriminatory access to a pole that the cooperative owns or controls.

(b)Except as provided by Subsection (c), an electric cooperative may deny a broadband provider access to a pole:

(1)if there is insufficient capacity; or

(2)for reasons of safety, reliability, and generally applicable engineering purposes.

(c)An electric cooperative may not deny a broadband provider access to a pole if the basis for denial may be remedied by rearranging facilities on the pole through reasonable make-ready activities.

(d)Except as provided by Subsection (e), if a pole must be replaced to accommodate a new pole attachment applied for by a broadband provider:

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Legislative history

Added by Acts 2021, 87th Leg., R.S., Ch. 659 (H.B. 1505), Sec. 3, eff. September 1, 2021.