Transportation Code § 250.002

Sec. 250.002. RIGHT-OF-WAY ACCOMMODATION FOR BROADBAND-ONLY PROVIDERS. (a) In this section: (1) "Broadband-only provider" means an entity that exclusively provides broadband service. (2) "Broadband service" means Internet service with the capability of providing: (A) a download speed of 25 megabits per second or faster; and (B) an upload speed of three megabits per second or faster. (b) The commission by rule shall: (1) on a competitively and technologically neutral and nondiscriminatory basis with respect to other providers of broadband service, establish an accommodation process that authorizes broadband-only providers to use state highway rights-of-way, subject to highway purposes, for: (A) new broadband facility installations; (B) additions to or maintenance of existing broadband facility installations; (C) adjustments or relocations of broadband facilities; and (D) existing broadband facilities retained within the rights-of-way; and (2) prescribe minimum requirements for the accommodation, method, materials, and location for the installation, adjustment, and maintenance of broadband facilities under the accommodation process. Added by Acts 2021, 87th Leg., R.S., Ch. 571 (S.B. 507), Sec. 1, eff. June 14, 2021.