Tex. Utils. Code Section 253.0202
Rates, Terms, and Conditions for Pole Attachment

(a)

A broadband provider and an electric cooperative shall establish the rates, terms, and conditions for pole attachments by a written pole attachment contract executed by both parties.

(b)

The rates, terms, and conditions of a contract under this chapter must:

(1)

be just, reasonable, and nondiscriminatory; and

(2)

comply with this chapter.

(c)

In determining whether rates, terms, and conditions are just and reasonable, the following factors must be considered:

(1)

the interests of and benefits to the consumers and potential consumers of the electric cooperative’s services;

(2)

the interests of and benefits to the subscribers and potential subscribers to broadband services offered through the pole attachments;

(3)

the interests of and benefits to third parties from the availability of electric services and broadband services offered through the pole attachments;

(4)

compliance with applicable safety standards; and

(5)

the maintenance and reliability of both electric distribution and broadband services.

(d)

A broadband provider and an electric cooperative shall negotiate a pole attachment contract and any amendment, modification, or renewal thereof in good faith.

(e)

A request to negotiate a new pole attachment contract or to amend, modify, or renew a contract pertaining to pole attachments by a broadband provider or an electric cooperative must be made in writing.
Added by Acts 2021, 87th Leg., R.S., Ch. 659 (H.B. 1505), Sec. 3, eff. September 1, 2021.

Source: Section 253.0202 — Rates, Terms, and Conditions for Pole Attachment, https://statutes.­capitol.­texas.­gov/Docs/UT/htm/UT.­253.­htm#253.­0202 (accessed May 18, 2024).

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Accessed:
May 18, 2024

§ 253.0202’s source at texas​.gov