Sec. 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.
Added by Acts 2021, 87th Leg., R.S., Ch. 659 (H.B. 1505), Sec. 3, eff. September 1, 2021.