Sec. 43.052. CHARGES. An electric utility that owns and operates facilities to provide middle mile broadband service 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 shall charge the Internet service provider for the use of the electric utility's system for all costs associated with that use. The rates, terms, and conditions of a lease of excess fiber capacity described by this section must be nondiscriminatory. An electric utility may not lease excess fiber capacity to provide middle mile broadband service to an affiliated Internet service provider.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 2, eff. September 7, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 727 (H.B. 3853), Sec. 1, eff. June 15, 2021.
Structure Texas Statutes
Title 2 - Public Utility Regulatory Act
Subtitle B - Electric Utilities
Chapter 43 - Provision of Middle Mile Broadband Service by Electric Utilities
Subchapter B. Development of Middle Mile Broadband Service
Section 43.051. Authorization for Middle Mile Broadband Service
Section 43.053. No Additional Easements or Consideration Required