Section 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.Tex. Util. Code § 253.0202
Added by Acts 2021, 87th Leg., R.S., Ch. 659 (H.B. 1505), Sec. 3, eff. September 1, 2021.