Sec. 284.055.  USE OF PUBLIC RIGHT-OF-WAY AND APPLICABLE RATE.  (a)  A network provider that wants to connect a network node to the network using the public right-of-way may:
(1)  install its own transport facilities subject to Subsection (b); or
(2)  obtain transport service from a person that is paying municipal fees to occupy the public right-of-way that are the equivalent of not less than $28 per node per month.
(b)  A network provider may not install its own transport facilities unless the provider:
(1)  has a permit to use the public right-of-way; and
(2)  pays to the municipality a monthly public right-of-way rate for transport facilities in an amount equal to $28 multiplied by the number of the network provider's network nodes located in the public right-of-way for which the installed transport facilities provide backhaul unless or until the time the network provider's payment of municipal fees to the municipality exceeds its monthly aggregate per-node compensation to the municipality.
(c)  A public right-of-way rate required by Subsection (b) is in addition to any public right-of-way rate required by Section 284.053.
Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.