CHAPTER 283. MANAGEMENT OF PUBLIC RIGHT-OF-WAY USED BY TELECOMMUNICATIONS PROVIDER IN MUNICIPALITY
LOCAL GOVERNMENT CODE
TITLE 9. PUBLIC BUILDINGS AND GROUNDS
SUBTITLE A. MUNICIPAL PUBLIC BUILDINGS AND GROUNDS
CHAPTER 283. MANAGEMENT OF PUBLIC RIGHT-OF-WAY USED BY
TELECOMMUNICATIONS PROVIDER IN MUNICIPALITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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 providers of services so
that the number and types of services offered by providers
continue to increase through competition;
(3) ensure that providers of telecommunications services do not
obtain a competitive advantage or disadvantage in their ability
to obtain use of a public right-of-way within a municipality; and
(4) fairly reduce the uncertainty and litigation concerning
franchise fees.
(b) It is also the policy of this state that municipalities:
(1) retain the authority to manage a public right-of-way within
the municipality to ensure the health, safety, and welfare of the
public; and
(2) receive from certificated telecommunications providers fair
and reasonable compensation for the use of a public right-of-way
within the municipality.
(c) The purpose of this chapter is to establish a uniform method
for compensating municipalities for the use of a public
right-of-way by certificated telecommunications providers that:
(1) is administratively simple for municipalities and
telecommunications providers;
(2) is consistent with state and federal law;
(3) is competitively neutral;
(4) is nondiscriminatory;
(5) is consistent with the burdens on municipalities created by
the incursion of certificated telecommunications providers into a
public right-of-way; and
(6) provides fair and reasonable compensation for the use of a
public right-of-way.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1,
1999.
Sec. 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 switched transmission path of the transmission media
that is physically within a public right-of-way extended to the
end-use customer's premises within the municipality, that allows
the delivery of local exchange telephone services within a
municipality, and that is provided by means of owned facilities,
unbundled network elements or leased facilities, or resale;
(ii) each termination point or points of a nonswitched telephone
or other circuit consisting of transmission media located within
a public right-of-way connecting specific locations identified
by, and provided to, the end-use customer for delivery of
nonswitched telecommunications services within the municipality;
or
(iii) each switched transmission path within a public
right-of-way used to provide central office-based PBX-type
services for systems of any number of stations within the
municipality, and in that instance, one path shall be counted for
every 10 stations served; and
(B) may not be construed to include interoffice transport or
other transmission media that do not terminate at an end-use
customer's premises or to permit duplicate or multiple assessment
of access line rates on the provision of a single service.
(2) "Certificated telecommunications provider" means a person
who has been issued a certificate of convenience and necessity,
certificate of operating authority, or service provider
certificate of operating authority by the commission to offer
local exchange telephone service or a person who provides voice
service.
(3) "Commission" means the Public Utility Commission of Texas.
(4) "Consumer price index" means the annual revised consumer
price index for all urban consumers for Texas, as published by
the Federal Bureau of Labor Statistics.
(5) "Local exchange telephone service" has the meaning assigned
by Section 51.002, Utilities Code.
(6) "Public right-of-way" means the area on, below, or above a
public roadway, highway, street, public sidewalk, alley,
waterway, or utility easement in which the municipality has an
interest. The term does not include the airwaves above a
right-of-way with regard to wireless telecommunications.
(7) "Voice service" means voice communications services provided
through wireline facilities located at least in part in the
public right-of-way, without regard to the delivery technology,
including Internet protocol technology. The term does not
include voice service provided by a commercial mobile service
provider as defined by 47 U.S.C. Section 332(d).
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1,
1999.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch.
2, Sec. 28, eff. September 7, 2005.
Sec. 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 the commission-established categories
of access lines or, if necessary, the adoption of a definition of
"access line" provided by this section. The commission may not
begin a review authorized by this section before March 1, 2002.
(b) As part of the proceeding described by Subsection (a), and
as necessary after that proceeding, the commission by rule may
modify the definition of "access line" and the categories of
access lines as necessary to ensure competitive neutrality and
nondiscriminatory application and to maintain consistent levels
of compensation, as annually increased by growth in access lines
and consumer price index, as applicable, to the municipalities.
(c) After September 1, 2002, the commission, on its own motion,
shall make the determination required by this section at least
once every three years.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1,
1999.
Sec. 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, Sec. 1, eff. Sept. 1,
1999.
Sec. 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 shall maintain the confidentiality of the
information described by Subsection (a) in accordance with
Section 52.207, Utilities Code.
(c) Information provided to municipalities under this chapter
shall be governed by confidentiality procedures established by
the commission in compliance with Section 52.207, Utilities Code.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1,
1999.
Sec. 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 franchise fees,
right-of-way fees or any other fee or other compensation, other
than a fee or compensation excluded from the "base amount" under
Section 283.053(a), directly to the municipality to provide local
exchange telephone service in the municipality.
(b) This section does not affect the number of access lines
counted and reported to the commission under Section 283.055.
(c) The commission shall adopt rules to determine the method of
payment and to ensure that access line fees are paid on a
competitively neutral and non-discriminatory basis by
certificated telecommunications providers that provide more
access lines than they purchase from an underlying provider of
resold services or unbundled network elements.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1,
1999.
SUBCHAPTER B. RIGHT-OF-WAY FEES
Sec. 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 for use of the public
rights-of-way in the municipality only the amount determined by
the commission under Section 283.055.
(b) This section does not affect the right of a municipality to
initiate legal action against a certificated telecommunications
provider that uses a public right-of-way to provide local
exchange telephone service within a municipality and has not
compensated the municipality in accordance with this chapter.
(c) Fees imposed under this chapter shall constitute "a
municipal fee" or "municipal fees" within the meaning of the
Utilities Code.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1,
1999.
Sec. 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 chapter:
(1) may erect poles or construct conduit, cable, switches, and
related appurtenances and facilities and excavate within a public
right-of-way to provide telecommunications service; and
(2) is not subject to municipal franchise requirements.
(b) All use of a public right-of-way is nonexclusive and subject
to Section 283.056.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1,
1999.
Sec. 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
and use taxes, or other compensation not related to the use of a
public right-of-way, are not included.
(b) For purposes of determining the amount of a municipality's
right-of-way fee under Section 283.055, the "base amount" for a
municipality not described by another subsection is the total
amount of revenue received by the municipality in franchise,
license, permit, and application fees and in-kind services or
facilities from certificated telecommunications providers in 1998
within the boundaries of the municipality, including all newly
annexed areas. The base amount prescribed under this subsection
shall include the municipal fee rate escalation provisions and
the value of in-kind services or facilities received in 1998 in
accordance with Subsection (f) specifically prescribed in
applicable agreements or ordinances effective or adopted by
January 12, 1999, unless the governing body of the municipality
elects otherwise. However, that additional compensation may not
become part of the base amount before it becomes effective under
the existing franchise agreement or ordinance.
(c) The base amount for a municipality located in a county with
a population of less than 25,000 or a municipality that either
did not have an effective franchise agreement or ordinance on
January 12, 1999, or was not in existence on that date shall be,
at the election of the governing body of the municipality, equal
to:
(1) an amount not greater than the statewide average fee per
line for each category of access line of the certificated
telecommunications provider with the greatest number of access
lines in that municipality, multiplied by the total number of
access lines in each category located within the boundaries of
the municipality on December 31, 1998, for a municipality in
existence on that date, or on the date of incorporation for a
municipality incorporated after that date;
(2) an amount not greater than the base amount determined for a
similarly sized municipality in the same or an adjacent county in
which the certificated telecommunications provider with the
greatest number of access lines in the municipality is the same
for each municipality; or
(3) the total amount of revenue received by the municipality in
franchise, license, permit, and application fees from all
certificated telecommunications providers in 1998.
(d) The base amount for a municipality that was involved in
litigation relating to franchise fees with one or more
certificated telecommunications providers during any part of 1998
and that, not later than December 1, 1999, repeals any ordinance
subject to dispute in the litigation, voluntarily dismisses with
prejudice any claims in the litigation for compensation, and
agrees to waive any potential claim for compensation under any
franchise agreement or ordinance expired or in existence on
September 1, 1999, is equal to, at the municipality's election:
(1) an amount not to exceed the state average access line rate
on a per category basis for the certificated telecommunications
provider with the greatest number of access lines in that
municipality multiplied by the total number of access lines
located within the boundaries of the municipality on December 31,
1998, including any newly annexed areas; or
(2) an amount not to exceed 21 percent of the total sales and
use tax revenue received by the municipality pursuant to Chapter
321, Tax Code. The amount does not include sales and use taxes
collected under:
(A) Chapter 451, 452, 453, or 454, Transportation Code, for a
mass transit authority;
(B) Chapter 504 or 505;
(C) Chapters 334 and 335, Local Government Code; or
(D) Chapters 321, 322, and 323, Tax Code, for a special
district, including health service, crime control, hospital, and
emergency service districts.
(e) A litigating municipality electing to dismiss with prejudice
its claims in the litigation and repealing any ordinance subject
to dispute in the litigation does not, by making the election,
waive any defenses it may have to claims by other parties to the
litigation. A municipality in litigation relating to franchise
fees with one or more certificated telecommunications providers
during any part of 1998 that does not make an effective election
under Subsection (d) shall be governed by Subsection (b).
(f) For the purpose of determining the base amount, in-kind
services or facilities provided to municipalities under existing
franchise agreements or ordinances by certificated
telecommunications providers shall be valued at one percent of
the total 1998 revenue from franchise, permit, license, and
application fees paid to the municipality under all applicable
telecommunications franchise agreements or ordinances, unless a
municipality can establish before the commission that those
services or facilities received by the municipality had a greater
value in 1998.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 3.18, eff. April 1, 2009.
Sec. 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 provider executed before
January 12, 1999. A municipality may continue to enforce a
franchise agreement or ordinance and to collect franchise fees
and other charges under that franchise agreement or ordinance
until the date on which the agreement or ordinance expires by its
own terms or is terminated in accordance with the terms of this
section. A provider may elect to terminate a franchise agreement
or obligations under an existing ordinance as of the effective
date of the right-of-way fee rates adopted in accordance with the
commission's rules adopted under this chapter. A provider
terminating a franchise agreement or obligations under an
existing ordinance under this section shall become governed by
this chapter on the date of termination. A termination under this
subsection does not affect the calculation of the municipality's
base amount under Section 283.053. A certificated
telecommunications provider electing to terminate an existing
franchise agreement or obligations under an ordinance under this
section shall provide notice to the commission and the affected
municipality not later than December 1, 1999.
(b) If a franchise agreement or obligations under an ordinance
in a municipality expire or are terminated under Subsection (a)
before the commission has determined the amounts to be paid to a
municipality, the affected certificated telecommunications
providers operating in the municipality shall continue paying at
the rates required under the terms of the expired agreement or
ordinance until the commission's determination and the
certificated telecommunications provider's implementation of
appropriate rates under this chapter.
(c) During the period in which a franchise agreement or
ordinance described by Subsection (a) is in effect, a
certificated telecommunications provider not subject to an
existing franchise agreement or ordinance that wants to construct
facilities to offer telecommunications services in the
municipality shall pay right-of-way fees that are competitively
neutral and non-discriminatory, consistent with the charges of
the most recent agreement or ordinance between the municipality
and the certificated telecommunications provider serving the
largest number of access lines within the municipality. The
provider shall pay those fees for the duration of that agreement
or ordinance or until the right-of-way fees established by
commission rule take effect. If the existing franchise agreement
or ordinance contains a provision requiring in-kind services or
facilities, the certificated telecommunications provider not
subject to an existing franchise agreement or ordinance shall pay
an amount equal to an additional one percent of its total fees
under the applicable agreement or ordinance in lieu of any
in-kind services or facilities, if any, that otherwise are
required under the terms of the existing franchise agreement or
ordinance. However, the municipality may not require a
certificated telecommunications provider to provide any services
or facilities without compensation or at below-market rates for
the right to use a public right-of-way or to provide
telecommunications services in the municipality. On request of
the certificated telecommunications provider not subject to an
existing franchise agreement or ordinance, the commission shall
convert the compensation under the existing franchise agreement
or ordinance to a fee per access line on a competitively neutral
and non-discriminatory basis, and the certificated
telecommunications provider may elect to pay the municipality on
a fee per access line basis rather than the manner of
compensation provided under the existing franchise agreement or
ordinance.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1,
1999.
Sec. 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 than March 1, 2000, the commission shall
establish:
(1) for each municipality, rates per access line by category for
the use of the rights-of-way in that municipality; and
(2) the statewide average of those rates per access line by
category for each certificated telecommunications provider, if
necessary.
(c) The rates when applied to the total number of access lines
by category in the municipality shall be equal to the base
amount.
(d) Not later than December 1, 1999, a municipality that wants
to effect an allocation of the base amount over specific access
line categories to be assessed rates shall notify the commission
of the desired allocation. The commission shall establish an
allocation of the base amount over the categories of access lines
if a municipality does not file its proposed allocation by
December 1, 1999. A municipality may request a modification of
the commission's allocation not more than once every 24 months by
notifying the commission and all affected certificated
telecommunications providers in September of that year that the
municipality wants to change the allocation for the next calendar
year. A municipality's allocation shall be implemented unless, on
complaint by an affected certificated telecommunications
provider, the commission determines that the allocation is not
just and reasonable, is not competitively neutral, or is
discriminatory.
(e) Rates imposed under this section and the allocation among
certificated telecommunications providers must be exercised in a
competitively neutral manner, may not unduly impair competition,
must be non-discriminatory, and must comply with state and
federal law. The commission shall determine the applicable rates
for each municipality for each category, taking into account the
allocation under Subsection (d) and the type, use, and function
of access lines.
(f) Certificated telecommunications providers shall pay to the
municipality a quarterly amount calculated monthly based on the
access line rates established by the commission under this
section and the number of access lines as reflected in the
reports filed under Subsection (j). The providers shall make the
quarterly payment not later than 45 days after the end of the
quarter.
(g) Beginning 24 months after the date the commission
establishes rates per access line, the commission shall annually
adjust the rates per access line for each municipality by an
amount equal to one-half the annual change, if any, in the
consumer price index. At that time, the commission shall provide
each certificated telecommunications provider and municipality
with the adjusted monthly rates for each category of access line.
(h) On an annual basis, an affected municipality may provide
notice to the commission to decline all or any portion of any
increase in the per category access line rates.
(i) A certificated telecommunications provider may not be
required to remit a right-of-way fee to a municipality on those
access lines that have been resold, leased, or otherwise provided
to another certificated telecommunications provider, if the
underlying certificated telecommunications provider supplying
those services or facilities has been furnished with adequate
proof that the provider of services to the end-use customer will
directly remit to the municipality a right-of-way fee based on
those access lines.
(j) On a quarterly basis, each certificated telecommunications
provider shall file a report with the commission that shows the
number of access lines, including access lines by category, that
the provider has within each municipality at the end of each
month of the quarter. The provider shall include with the report
a certified statement from an authorized officer or duly
authorized representative of the provider stating that the
information contained in the report is true and correct to the
best of the officer's or representative's knowledge and belief
after inquiry. On request and subject to the confidentiality
protections of Section 283.005, each certificated
telecommunications provider shall provide each affected
municipality with a copy of the report required by this
subsection.
(k) On request of the commission and to the extent available,
the report required by Subsection (j) shall specifically identify
access lines that are provided by means of resold services or
unbundled facilities to another certificated telecommunications
provider who is not an end-use customer and the identity of the
certificated telecommunications providers obtaining the resold
services or unbundled facilities to provide services to end-use
customers. A provider may not include in its monthly count of
access lines and is not required to remit a right-of-way fee to
the municipality on access lines that are resold, leased, or
otherwise provided to another certificated telecommunications
provider if the provider receives adequate proof that the
provider leasing or purchasing the access lines will include the
access lines in its monthly count and remit payment on those
access lines to the municipality.
(l) The commission may use a report required under Subsection
(j) only to verify the number of access lines that serve premises
within the municipality.
(m) Notwithstanding any other provision of this chapter, payment
by a certificated telecommunications provider that complies with
the terms of an unexpired franchise agreement or right-of-way
ordinance that applies to the provider satisfies the payment
attributable to the provider required by this chapter.
(n) A municipality may not demand or require from a certificated
telecommunications provider services, facilities, or goods
without compensation or at below-market rates.
(o) A certificated telecommunications provider shall, to the
extent required, implement commission established access line
rates not later than the 90th day after the date the commission
establishes the access line rates under this chapter.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1,
1999.
Sec. 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 application, permit, excavation, or
inspection fee, for the right to use a public right-of-way to
provide telecommunications services in the municipality; or
(2) provide any services or facilities for the right to use a
public right-of-way or to provide telecommunications services in
the municipality.
(b) Notwithstanding any other law or any other provision of this
chapter, a municipality may require the issuance of a
construction permit without cost to a certificated
telecommunications provider locating facilities in or on public
rights-of-way within the municipality. The terms of the permit
shall be consistent with construction permits issued to other
persons excavating in a public right-of-way.
(c) A municipality may exercise those police power-based
regulations in the management of a public right-of-way that apply
to all persons within the municipality. A municipality may
exercise police power-based regulations in the management of the
activities of certificated telecommunications providers within a
public right-of-way only to the extent that they are reasonably
necessary to protect the health, safety, and welfare of the
public. Police power-based regulation of certificated
telecommunications providers may not include activities that are
governed by this chapter or are within the sole business
discretion of the certificated telecommunications provider. In
addition, any police power-based regulation must be competitively
neutral and may not be unreasonable or discriminatory. A
municipality specifically may not impose regulations on
certificated telecommunications providers that are not authorized
by this chapter, including:
(1) requirements that particular business offices be located in
the municipality;
(2) requirements for filing reports and documents with the
municipality that are not required by state law to be filed with
the municipality and that are not related to the use of a public
right-of-way;
(3) inspection of a provider's business records except to the
extent necessary to conduct an authorized review of the provider
to ensure compliance with the access line reporting requirements
of this chapter if commenced within 90 days after the filing of a
certificated telecommunications provider's report of access
lines; and
(4) approval of transfers of ownership or control of a
provider's business, except that a municipality may require that
a provider maintain current point of contact information and
provide notice of a transfer within a reasonable time.
(d) In the exercise of its lawful regulatory authority, a
municipality shall promptly process each valid and
administratively complete application of a certificated
telecommunications provider for any permit, license, or consent
to excavate, set poles, locate lines, construct facilities, make
repairs, affect traffic flow, obtain zoning or subdivision
regulation approvals, or for other similar approvals, and shall
make every reasonable effort to not delay or unduly burden that
provider in the timely conduct of its business.
(e) If there is an emergency necessitating response work or
repair, a certificated telecommunications provider may begin that
repair or emergency response work or take any action required
under the circumstances, provided that the certificated
telecommunications provider notifies the affected municipality as
promptly as possible after beginning the work and later acquires
any approval required by a municipal ordinance applicable to
emergency response work.
(f) The compensation paid under this chapter is in lieu of any
permit, license, approval, inspection, or other similar fee or
charge, including all general business license fees customarily
assessed by a municipality for the use of a public right-of-way
against persons operating telecommunications-related businesses.
The compensation paid under this chapter constitutes full
compensation to a municipality for all of a certificated
telecommunications provider's facilities located within a public
right-of-way, including interoffice transport and other
transmission media that do not terminate at an end-use customer's
premises, even though those types of lines are not used in the
calculation of the compensation. This chapter may not be
construed to affect the ad valorem taxation of a certificated
telecommunications provider's facilities or to permit the ad
valorem taxation of a certificated telecommunication provider's
occupancy of a public right-of-way.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1,
1999.
Sec. 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, losses, expenses, fees
(including reasonable attorney's fees and costs of defense),
proceedings, actions, demands, causes of action, liability, and
suits of any kind and nature, including personal or bodily injury
(including death), property damage, or other harm for which
recovery of damages is sought that is found by a court of
competent jurisdiction to be caused solely by the negligent act,
error, or omission of the certificated telecommunications
provider, any agent, officer, director, representative, employee,
affiliate, or subcontractor of the certificated
telecommunications provider, or their respective officers,
agents, employees, directors, or representatives, while
installing, repairing, or maintaining facilities in a public
right-of-way. The indemnity provided by this subsection does not
apply to any liability resulting from the negligence of the
municipality, its officers, employees, contractors, or
subcontractors. If a certificated telecommunications provider and
the municipality are found jointly liable by a court of competent
jurisdiction, liability shall be apportioned comparatively in
accordance with the laws of this state without, however, waiving
any governmental immunity available to the municipality under
state law and without waiving any defenses of the parties under
state law. This section is solely for the benefit of the
municipality and certificated telecommunications provider and
does not create or grant any rights, contractual or otherwise, to
any other person or entity.
(b) A certificated telecommunications provider or municipality
shall promptly advise the other in writing of any known claim or
demand against the certificated telecommunications provider or
the municipality related to or arising out of the certificated
telecommunications provider's activities in a public
right-of-way.
(c) Municipalities with franchise agreements or ordinances
applicable to certificated telecommunications providers in effect
under a general-use ordinance adopted before January 12, 1999,
and after July 1, 1998, and having 1.3 million access lines or
more within the municipality on September 1, 1999, may continue
to enforce the indemnity provision contained in those franchise
agreements or ordinances until the earlier of the date the
franchise agreements or ordinances expire or December 31, 2003. A
certificated telecommunications provider providing access lines
in a municipality described by this subsection is also subject to
the indemnity provided by this section.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1,
1999.
Sec. 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 are
enforced in a competitively neutral, non-discriminatory, and
reasonable manner.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1,
1999.