Sec. 66.010. NONDISCRIMINATION BY MUNICIPALITY. (a) A municipality shall allow the holder of a state-issued certificate of franchise authority to install, construct, and maintain a communications network within a public right-of-way and shall provide the holder of a state-issued certificate of franchise authority with open, comparable, nondiscriminatory, and competitively neutral access to the public right-of-way. All use of a public right-of-way by the holder of a state-issued certificate of franchise authority is nonexclusive and subject to Section 66.011.
(b) A municipality may not discriminate against the holder of a state-issued certificate of franchise authority regarding:
(1) the authorization or placement of a communications network in a public right-of-way;
(2) access to a building; or
(3) a municipal utility pole attachment term.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005.
Structure Texas Statutes
Title 2 - Public Utility Regulatory Act
Subtitle C - Telecommunications Utilities
Chapter 66 - State-Issued Cable and Video Franchise
Section 66.001. Franchising Authority
Section 66.003. State Authorization to Provide Cable Service or Video Service
Section 66.004. Eligibility for Commission-Issued Franchise
Section 66.006. In-Kind Contributions to Municipality
Section 66.008. Customer Service Standards
Section 66.009. Public, Educational, and Governmental Access Channels
Section 66.010. Nondiscrimination by Municipality
Section 66.011. Municipal Police Power; Other Authority
Section 66.012. Indemnity in Connection With Right-of-Way; Notice of Liability
Section 66.013. Municipal Authority