Cable operators and electric cooperatives must set pole-attachment terms in a written contract, negotiate in good faith, use writing for new-contract requests, and follow mediation rules if they cannot agree.
Sec. 252.005. POLE ATTACHMENT CONTRACTS; ACCESS REQUIREMENTS. (a) A cable operator and an electric cooperative shall establish the rates, terms, and conditions for pole attachments, including the cooperative's application and permitting processes by a written pole attachment contract executed by both parties. The rates, terms, and conditions for attachments by a cable operator on an electric cooperative's poles must be just and reasonable. (b) A cable operator and an electric cooperative shall negotiate a pole attachment contract in good faith. (c) A request to negotiate a new pole attachment contract by a cable operator or an electric cooperative must be in writing. If a cable operator and an electric cooperative are unable to agree to a new pole attachment contract before the expiration date of an existing pole attachment contract, the rates, terms, and conditions of the existing pole attachment contract and the terms and conditions of the electric cooperative's application and permitting processes remain in force: (1) during the 180-day negotiation period described by Subsection (d) and during the period of any agreed extension; and (2) during the 90-day mediation period described by Subsection (d) and during the period of any agreed extension. (d) If a cable operator and an electric cooperative are unable to agree to a new pole attachment contract before the 181st day after the expiration date of the existing pole attachment contract and are unable to agree to an extension of the negotiation period for a certain number of days, the cable operator and electric cooperative shall attempt to resolve any disagreement over the rates, terms, or conditions by submitting the contract negotiations to mediation. The mediation process may not extend later than the 90th day after the end of the 180-day negotiation period and any agreed extension of that period unless the cable operator and an electric cooperative agree to an extension of the mediation period for a certain number of days. The mediation process must be conducted in a county in which the electric cooperative has distribution poles. The cable operator and an electric cooperative must share the expenses for the mediator equally. (e) If the mediation process does not resolve the disagreement over the rates, terms, or conditions, the cable operator or the electric cooperative may request that a court resolve the disagreement over the rates, terms, and conditions. (f) Access to a pole may be denied where there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes. (g) In determining whether rates, terms, and conditions are just and reasonable, at least 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 of the services offered through the pole attachments; (3) compliance with applicable safety standards; and (4) the maintenance and reliability of both electric distribution and cable services. Added by Acts 2013, 83rd Leg., R.S., Ch. 1077 (H.B. 3355), Sec. 1, eff. September 1, 2013.