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Texas Utilities Code - Section 54.204. Discrimination By Municipality Prohibited

Legal Research Home > Texas Lawyer > Utilities Code > Texas Utilities Code - Section 54.204. Discrimination By Municipality Prohibited

§ 54.204. DISCRIMINATION BY MUNICIPALITY 
PROHIBITED.  (a) Notwithstanding Section 14.008, a municipality or 
a municipally owned utility may not discriminate against a 
certificated telecommunications provider regarding:
		(1)  the authorization or placement of a facility in a 
public right-of-way; 
		(2)  access to a building;  or                                                
		(3)  a municipal utility pole attachment rate or term.                        
	(b)  In granting consent, a franchise, or a permit for the 
use of a public street, alley, or right-of-way within its municipal 
boundaries, a municipality or municipally owned utility may not 
discriminate in favor of or against a certificated 
telecommunications provider regarding:
		(1)  municipal utility pole attachment or underground 
conduit rates or terms;  or
		(2)  the authorization, placement, replacement, or 
removal of a facility in a public right-of-way and the reasonable 
compensation for the authorization, placement, replacement, or 
removal regardless of whether the compensation is in the form of:
			(A)  money;                                                                  
			(B)  services;                                                               
			(C)  use of facilities;  or                                                  
			(D)  another kind of consideration.                                          
	(c)  A municipality or a municipally owned utility may not 
charge any entity, regardless of the nature of the services 
provided by that entity, a pole attachment rate or underground 
conduit rate that exceeds the fee the municipality or municipally 
owned utility would be permitted to charge under rules adopted by 
the Federal Communications Commission under 47 U.S.C. Section 
224(e) if the municipality's or municipally owned utility's rates 
were regulated under federal law and the rules of the Federal 
Communications Commission.  In addition, not later than September 
1, 2006, a municipality or municipally owned utility shall charge a 
single, uniform pole attachment or underground conduit rate to all 
entities that are not affiliated with the municipality or 
municipally owned utility regardless of the services carried over 
the networks attached to the poles or underground conduit.
	(d)  Notwithstanding any other law, the commission has the 
jurisdiction necessary to enforce this section.

Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.  Amended 
by Acts 2005, 79th Leg., 2nd C.S., ch. 2, § 6, eff. Sept. 1, 2005.

Last modified: August 10, 2007