If a broadband provider and an electric cooperative cannot agree on a new pole attachment contract, they must go to mediation, share the mediator’s costs equally, and hold the mediation in a county where the cooperative has distribution poles.
Sec. 253.0203. CONTRACT NEGOTIATIONS AND MEDIATION. (a) If a broadband provider and an electric cooperative are unable to agree to a new pole attachment contract before the expiration date of an existing contract, the rates, terms, and conditions of the existing contract and the terms and conditions of the electric cooperative's application and permitting processes remain in force: (1) during the 90-day negotiation period described by Subsection (b) and during the period of any agreed extension; (2) during the 60-day mediation period described by Subsection (b) and during the period of any agreed extension; and (3) pending final disposition of any litigation commenced under Subsection (c). (b) If a broadband provider and an electric cooperative are unable to agree to a new pole attachment contract before the 91st day after the expiration date of an existing contract, and are unable to agree to an extension of the negotiation period for a certain number of days, the broadband provider and electric cooperative shall attempt to resolve any disagreement over the rates, terms, or conditions by submitting the contract negotiations to a mediation process. The mediation process may not extend later than the 60th day after the end of the initial 90-day negotiation period and any agreed extension of that period unless the broadband provider and 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 broadband provider and electric cooperative must share equally the expenses for the mediator. (c) If the mediation process under Subsection (b) does not resolve the disagreement over the rates, terms, or conditions of a new pole attachment agreement, the broadband provider or electric cooperative may file suit in a district court to resolve the disagreement or dispute. Added by Acts 2021, 87th Leg., R.S., Ch. 659 (H.B. 1505), Sec. 3, eff. September 1, 2021. SUBCHAPTER D. ADDITIONAL POLE ATTACHMENT REQUIREMENTS