Relating to the access by a certificated provider to the rights-of-way and poles of an electric cooperative.
Summary
HB 5604 would create a new Chapter 254 in the Texas Utilities Code to give certain telecommunications providers and state-issued certificate of franchise authority holders defined as “certificated providers” nondiscriminatory access to electric cooperative rights-of-way, poles, and related building access. The bill applies to distribution poles at or below 34.5 kilovolts and covers both pole attachments and placement of facilities in rights-of-way controlled by an electric cooperative.
The bill also limits what electric cooperatives may charge for pole attachments and related work. It prohibits cooperatives from charging more than a contract rate or more than the rate, cost, or fee schedule set by the Public Utility Commission of Texas, which must be aligned with the maximums allowed under Federal Communications Commission pole attachment rules if the cooperative were federally regulated. The PUC would be authorized to enforce the chapter, adopt rules, and open contested case proceedings to determine compliance. The new chapter would prevail over conflicting law and would take effect September 1, 2025.
Impact
HB 5604 would expand state-law access rights for broadband and telecommunications providers by imposing a nondiscrimination framework on electric cooperatives that own or control rights-of-way and distribution poles. It would shift rate-setting and enforcement authority to the Public Utility Commission of Texas, while capping charges by reference to FCC pole attachment standards and limiting additional make-ready or evaluation costs. Electric cooperatives would be directly affected, as would certificated telecommunications providers and certificate of franchise authority holders seeking to deploy or expand network facilities.
Sentiment
Based on the available context, the bill appears to be a policy-driven broadband access measure rather than a highly contested measure at this stage. There are no recorded votes or committee transcript excerpts in the provided materials, and the bill was referred to a subcommittee on Telecommunications & Broadband, suggesting it was still in early consideration. The framing of the bill indicates support for expanding infrastructure access and reducing barriers for providers, but the absence of recorded debate means no clear public sentiment can be measured from the supplied record.
Contention
The main likely point of contention is the balance between broadband deployment goals and electric cooperative control over their infrastructure and rights-of-way. Electric cooperatives may object to mandatory access, limits on what they can charge, and PUC oversight that ties state rates to FCC-style benchmarks. Telecommunications providers and broadband advocates would likely support the bill because it reduces access barriers and standardizes pole attachment terms. Another possible issue is the bill’s application to rights-of-way secured from customers and its broad preemption clause, which could be seen as limiting cooperative discretion and other conflicting laws.
Electric cooperatives and municipal utilities; recovery of fixed costs clarified with respect to net metered facilities, meter aggregation allowed for electric cooperatives and municipal utilities, commission authority clarified with respect to electric cooperative practices, member access to cooperative documents and meetings improved, and electronic voting and voting by mail required for cooperative board directors.