Texas Utilities Code 253.0202 – Rates, Terms, and Conditions for Pole Attachment
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(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.
Terms Used In Texas Utilities Code 253.0202
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Contract: A legal written agreement that becomes binding when signed.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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.