(a) A cable operator is responsible for obtaining all rights-of-way and easements necessary for the installation, operation, and maintenance of the operator’s pole attachments.
(b) An electric cooperative is not required to obtain or expand a right-of-way or easement to accommodate a pole attachment requested by a cable operator.

Terms Used In Texas Utilities Code 252.008

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.

(c) An electric cooperative is not liable if a cable operator is prevented from placing or maintaining a pole attachment because the cable operator did not obtain a necessary right-of-way or easement.
(d) A cable operator shall indemnify, defend, and hold harmless the electric cooperative and the cooperative’s members, directors, officers, agents, and employees from and against any liability resulting from the cable operator’s failure to obtain a necessary right-of-way or an easement for a pole attachment.