Texas Utilities Code 43.101 – Participation by Electric Utility
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(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.
Terms Used In Texas Utilities Code 43.101
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(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.