Texas § UT.253.0103 - NONDISCRIMINATORY ACCESS

§ UT.253.0103. NONDISCRIMINATORY ACCESS

NONDISCRIMINATORY ACCESS; MODIFICATION OR REPLACEMENT TO ACCOMMODATE ATTACHMENT. (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: (1) the electric cooperative and broadband provider shall determine, through good faith negotiations, a reasonable date by which the pole replacement will occur; and (2) the broadband provider shall pay the actual costs of replacing the pole, including the cost to: (A) remove and dispose of the existing pole; (B) purchase and install a replacement pole; and (C) transfer any existing facilities to the new pole. (e) An electric cooperative is responsible for the costs of removing and replacing under Subsection (d) a pole: (1) with recorded conditions or defects that would reasonably be expected to endanger human life or property and which should be promptly corrected; or (2) that must be replaced for safety or reliability as a result of normal wear and tear or other natural causes and not on account of a pole attachment or the action of a broadband provider or third party. Added by Acts 2021, 87th Leg., R.S., Ch. 659 (H.B. 1505 ), Sec. 3, eff. September 1, 2021. SUBCHAPTER C. POLE ATTACHMENT CONTRACTS