(a) A broadband provider and an electric cooperative shall establish the rates, terms, and conditions for pole attachments by a written pole attachment contract executed by both parties.
(b) The rates, terms, and conditions of a contract under this chapter must:
(1) be just, reasonable, and nondiscriminatory; and
(2) comply with this chapter.
(c) In determining whether rates, terms, and conditions are just and reasonable, the following factors must be considered:
(1) the interests of and benefits to the consumers and potential consumers of the electric cooperative's services;
(2) the interests of and benefits to the subscribers and potential subscribers to broadband services offered through the pole attachments;
(3) the interests of and benefits to third parties from the availability of electric services and broadband services offered through the pole attachments;
(4) compliance with applicable safety standards; and
(5) the maintenance and reliability of both electric distribution and broadband services.
(d) A broadband provider and an electric cooperative shall negotiate a pole attachment contract and any amendment, modification, or renewal thereof in good faith.
(e) A request to negotiate a new pole attachment contract or to amend, modify, or renew a contract pertaining to pole attachments by a broadband provider or an electric cooperative must be made in writing.
Official text of the Texas Utilities Code as published by the Texas Legislative Council.