HB5604 - Relating to the access by a certificated provider to the rights-of-way and poles of an electric cooperative.

      By: Anchía H.B. No. 5604       A BILL TO BE ENTITLED   AN ACT   relating to the access by a certificated provider to the   rights-of-way and poles of an electric cooperative.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 5, Utilities Code, is amended by adding   Chapter 254 to read as follows:   CHAPTER 254.   ACCESS BY CERTIFICATED PROVIDERS TO ELECTRIC   COOPERATIVE RIGHTS-OF-WAY AND DISTRIBUTION POLES           Sec. 254.001.  DEFINITIONS. In this chapter:                 (1)  "Certificated provider" means a person who:                       (A)     is a certificated telecommunications   provider, as defined by Section 283.002, Local Government Code; or                       (B)     is a holder of a state-issued certificate of   franchise authority issued under Chapter 66.                 (2)     "Make-ready cost" means the costs associated with   the modification or replacement of a utility pole, or of the lines   or equipment on the utility pole, necessary to accommodate   additional facilities.                 (3)     "Pole" means a pole carrying distribution lines   with a voltage rating no higher than 34.5 kilovolts.                 (4)     "Pole attachment" means an affixture of cables,   strands, wires, and associated equipment attached to a pole   directly or indirectly or placed in a right-of-way owned or   controlled by an electric cooperative.           Sec.   254.002.     NONDISCRIMINATORY ACCESS. (a) An electric   cooperative shall provide a certificated provider with   nondiscriminatory access regarding:                 (1)     the placement of a facility in the electric   cooperative's right-of-way, including a right-of-way secured from   a customer that is occupied by the cooperative;                 (2)     a pole attachment rate or term for a pole that the   electric cooperative owns or controls; or                 (3)     access to a building relating to Subdivision (1)   or (2).           (b)     An electric cooperative may not charge a certificated   provider:                 (1)  a pole attachment rate that:                       (A)     exceeds the rate agreed to in a contract   between the cooperative and the provider; or                       (B)     exceeds the rate that the electric   cooperative may charge under Section 254.003; or                 (2)     any additional costs for evaluating the viability   or load of a pole or any make-ready or other costs that exceed the   costs that the electric cooperative may charge under Section   254.003.           Sec.   254.003.     RATE AND FEE SETTING BY PUBLIC UTILITY   COMMISSION OF TEXAS. The Public Utility Commission of Texas shall   implement a schedule of pole attachment rates, costs, and fees,   that an electric cooperative may charge a certificated provider for   attachments to a pole that the electric cooperative owns or   controls.   A pole attachment rate, cost, or fee subject to this   section may not exceed a pole attachment rate, cost, or fee the   electric cooperative would be permitted to charge under rules   adopted by the Federal Communications Commission under 47 U.S.C.   Section 224 if the electric cooperative's rates were regulated   under federal law and the rules of the Federal Communications   Commission.           Sec.   254.004.     AUTHORITY OF PUBLIC UTILITY COMMISSION. (a)   Notwithstanding Section 41.004, the Public Utility Commission of   Texas:                 (1)     may open a contested case proceeding under Chapter   2001, Government Code, to determine whether a pole attachment rate,   cost, or fee complies with this chapter; and                 (2)     shall enforce this chapter and adopt rules   reasonably required for that purpose.           (b)     For the purposes of enforcing this chapter, a reference   in Chapter 15 to a person includes an electric cooperative.           Sec.   254.005.     CONFLICT WITH OTHER LAW. In the case of a   conflict between this chapter and other law, this chapter prevails.          SECTION 2.  This Act takes effect September 1, 2025.