An electric utility planning a middle mile broadband project must file a written plan with the commission, and the commission must act on the plan within 181 days.
Sec. 43.102. COMMISSION REVIEW OF UTILITY MIDDLE MILE PLAN. (a) An electric utility that plans a project to deploy middle mile broadband service shall submit to the commission a written plan that includes: (1) the route of the middle mile broadband service infrastructure proposed for the project; (2) the location of the electric utility's infrastructure that will be used in connection with the project; (3) an estimate of potential broadband customers that would be served by the Internet service provider; (4) the capacity, number of fiber strands, and any other facilities of the middle mile broadband service that will be available to lease to Internet service providers; (5) the estimated cost of the project, including engineering costs, construction costs, permitting costs, right-of-way costs, and a reasonable allowance for funds used during construction; (6) the proposed schedule of construction for the project; (7) testimony, exhibits, or other evidence that demonstrates the project will allow for the provision and maintenance of middle mile broadband service; and (8) any other information that the applicant considers relevant or that the commission requires. (b) The commission, after notice and hearing if required by the commission, shall approve the plan if the commission finds that the plan includes all the items required by Subsection (a) and by commission rule. (c) The commission must approve, modify, or reject a plan submitted to the commission under this section not later than the 181st day after the date the plan is submitted under Subsection (a). (d) An approved plan may be updated or amended subject to commission approval in accordance with this section. Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 2, eff. September 7, 2005. Amended by: Acts 2021, 87th Leg., R.S., Ch. 727 (H.B. 3853), Sec. 1, eff. June 15, 2021.