Texas Local Government Code Title 9, Chapter 283 - Management Of Public Right-of-way Used By Telecommunications Provider In Municipality

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 283.001 - State Policy; Purpose
  (a) It is the policy of this state to: (1) encourage competition in the provision of telecommunications services; (2) reduce the barriers to entry for...
• Texas Section 283.002 - Definitions
  In this chapter: (1) "Access line": (A) means, unless the commission adopts a different definition under Section 283.003, a unit of measurement representing: (i) each...
• Texas Section 283.003 - Commission Review
  (a) Not later than September 1, 2002, the commission shall determine whether changes in technology, facilities, or competitive or market conditions justify a modification in...
• Texas Section 283.004 - Application
  This chapter applies only to municipal regulations and fees imposed on and collected from certificated telecommunications providers. Added by Acts 1999, 76th Leg., ch. 840,...
• Texas Section 283.005 - Information
  (a) The commission may collect and compile any information from certificated telecommunications providers and municipalities as is necessary to implement this chapter. (b) The commission...

SUBCHAPTER B RIGHT-OF-WAY FEES

• Texas Section 283.006 - Fee Requirement For Use Of Right-of-way
  (a) Notwithstanding any other law, a certificated telecommunications provider that does not use a public right-of-way within the municipality may not be required to pay...
• Texas Section 283.051 - Right-of-way Fee
  (a) Notwithstanding any other law, a certificated telecommunications provider that provides telecommunications services within a municipality is required to pay as compensation to a municipality...
• Texas Section 283.052 - Effect Of Payment Of Right-of-way Fees To Municipality
  (a) Subject to the requirements of Sections 283.056 and 283.057, a certificated telecommunications provider that complies with this chapter and commission orders issued under this...
• Texas Section 283.053 - Base Amount
  (a) In determining a municipality's "base amount" under this section, pole rental fees, special assessments, and taxes of any kind, including ad valorem or sales...
• Texas Section 283.054 - Existing Franchise Agreements And Ordinances
  (a) Except as otherwise provided by this chapter, this chapter does not affect the validity of a franchise agreement or ordinance with a certificated telecommunications...
• Texas Section 283.055 - Determination Of Fees By Commission
  (a) Not later than November 1, 1999, the commission shall establish not more than three categories of access lines for statewide use. (b) Not later...
• Texas Section 283.056 - Municipal Authorizations; Prohibition On Other Fees And Charges
  (a) A municipality may not require a certificated telecommunications provider to: (1) pay any compensation other than the fee authorized by Section 283.055, including an...
• Texas Section 283.057 - Indemnity
  (a) Certificated telecommunications providers shall indemnify and hold the municipality and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens,...
• Texas Section 283.058 - Additional Commission Jurisdiction
  The commission shall have the jurisdiction over municipalities and certificated telecommunications providers necessary to enforce this chapter and to ensure that all other legal requirements...

Last modified: September 28, 2016