Utilities Code § 253.0202

Sec. 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.