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Texas Utilities Code

§ 43.101 — PARTICIPATION BY ELECTRIC UTILITY

UT § 43.101Title 2. PUBLIC UTILITY REGULATORY ACT · Part B. ELECTRIC UTILITIES · Ch. 43. PROVISION OF MIDDLE MILE BROADBAND SERVICE BY ELECTRIC UTILITIES · Art. C. IMPLEMENTATION OF MIDDLE MILE BROADBAND SERVICE BY ELECTRIC UTILITY

Statute text

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(a)An electric utility may install and operate facilities to provide middle mile broadband service on any part of its electric delivery system or other facilities for Internet service providers but may not construct new electric delivery facilities for the purpose of expanding the electric utility's middle mile broadband service.
(b)The installation, operation, and use of middle mile broadband service and the lease of excess fiber capacity by Internet service providers from an electric utility may not be regulated by any state agency, a municipality, or local government other than as provided by this chapter.
(c)An electric utility that owns and operates middle mile broadband service:
(1)may lease excess fiber capacity on the electric utility's electric delivery system or other facilities to an Internet service provider on a wholesale basis; and
(2)may not provide Internet service to end-use customers on a retail basis.
(d)The commission or a state or local government or a regulatory or quasi-governmental or a quasi-regulatory authority may not:

Legislative history

Acts 2021, 87th Leg., R.S., Ch. 727 (H.B. 3853), Sec. 1, eff. June 15, 2021.