Texas Utilities Code

§ 54.204 — DISCRIMINATION BY MUNICIPALITY PROHIBITED

UT § 54.204Title 2. PUBLIC UTILITY REGULATORY ACT · Part C. TELECOMMUNICATIONS UTILITIES · Ch. 54. CERTIFICATES · Art. E. MUNICIPALITIES

Statute text

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(a)Notwithstanding Section 14.008, a municipality or a municipally owned utility may not discriminate against a certificated telecommunications provider regarding:

(1)the authorization or placement of a facility in a public right-of-way;

(2)access to a building; or

(3)a municipal utility pole attachment rate or term.

(b)In granting consent, a franchise, or a permit for the use of a public street, alley, or right-of-way within its municipal boundaries, a municipality or municipally owned utility may not discriminate in favor of or against a certificated telecommunications provider regarding:

(1)municipal utility pole attachment or underground conduit rates or terms; or

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Legislative history

Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 6, eff. September 7, 2005.