An electric utility may provide middle mile broadband service and lease excess fiber capacity, but it may not build new electric delivery facilities for that purpose or offer retail Internet service to end users.
Sec. 43.101. PARTICIPATION BY ELECTRIC UTILITY. (a) An electric utility may install and operate facilities to provide middle mile broadband service on any part of its electric delivery system or other facilities for Internet service providers but may not construct new electric delivery facilities for the purpose of expanding the electric utility's middle mile broadband service. (b) The installation, operation, and use of middle mile broadband service and the lease of excess fiber capacity by Internet service providers from an electric utility may not be regulated by any state agency, a municipality, or local government other than as provided by this chapter. (c) An electric utility that owns and operates middle mile broadband service: (1) may lease excess fiber capacity on the electric utility's electric delivery system or other facilities to an Internet service provider on a wholesale basis; and (2) may not provide Internet service to end-use customers on a retail basis. (d) The commission or a state or local government or a regulatory or quasi-governmental or a quasi-regulatory authority may not: (1) require an electric utility to install or offer middle mile broadband service on the utility's electric delivery system or other facilities; (2) require an electric utility to allow others to install middle mile broadband service on the utility's electric delivery system or other facilities; or (3) prohibit an electric utility from installing or offering middle mile broadband service on the utility's electric delivery system or other facilities. (e) If a municipality or local government is already collecting a charge or fee from the electric utility for the use of the public rights-of-way for the delivery of electricity to retail electric customers, the municipality or local government may not require a franchise or an amendment to a franchise or require an additional charge, fee, or tax from the electric utility for use of the public rights-of-way for middle mile broadband service. (f) If the state or a municipality or local government is not already collecting a charge or fee from the electric utility for the use of the public rights-of-way, the state or a municipality or local government may impose a charge on the provision of middle mile broadband service, but the charge may not be greater than the lowest charge that the state or municipality imposes on other providers of broadband service for use of the public rights-of-way in its respective jurisdiction. 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.