Arizona Telecommunications & Information Council (ATIC) Multitenant Building Telecommunications Access Study PREVIOUS CONTENTS APPENDIX 5
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Nebraska Public Service Commission- Statewide Policy for MDU AccessyAppendix 5: Excerpts from Selected Resource Documents
Public Utility Commission of Texas
Building Access Project #21400
This project is a rulemaking that addresses building access pursuant to PURA 54.259, 54.260, and 54.261. Summary from Texas PUC website:
Sec. 54.259. DISCRIMINATION BY PROPERTY OWNER PROHIBITED.
- If a telecommunications utility holds a consent, franchise, or permit as determined to be the appropriate grants of authority by the municipality and holds a certificate if required by this title, a public or private property owner may not:
- prevent the utility from installing on the owner's property a telecommunications service facility a tenant requests;
- interfere with the utility's installation on the owner's property of a telecommunications service facility a tenant requests;
- discriminate against such a utility regarding installation, terms, or compensation of a telecommunications service facility to a tenant on the owner's property;
- demand or accept an unreasonable payment of any kind from a tenant or the utility for allowing the utility on or in the owner's property; or
- discriminate in favor of or against a tenant in any manner, including rental charge discrimination, because of the utility from which the tenant receives a telecommunications service.
- Subsection (a) does not apply to an institution of higher education. In this subsection, "institution of higher education" means:
- an institution of higher education as defined by Section 61.003, Education Code; or
- a private or independent institution of higher education as defined by Section 61.003, Education Code.
- Notwithstanding any other law, the commission has the jurisdiction to enforce this section.
(V.A.C.S. Art. 1446c-0, Secs. 3.2555(c), (e), (g).)
Sec. 54.260. PROPERTY OWNER'S CONDITIONS.
- Notwithstanding Section 54.259, if a telecommunications utility holds a municipal consent, franchise, or permit as determined to be the appropriate grant of authority by the municipality and holds a certificate if required by this title, a public or private property owner may:
- impose a condition on the utility that is reasonably necessary to protect:
- the safety, security, appearance, and condition of the property; and
- the safety and convenience of other persons;
- impose a reasonable limitation on the time at which the utility may have access to the property to install a telecommunications service facility;
- impose a reasonable limitation on the number of such utilities that have access to the owner's property, if the owner can demonstrate a space constraint that requires the limitation;
- require the utility to agree to indemnify the owner for damage caused installing, operating, or removing a facility;
- require the tenant or the utility to bear the entire cost of installing, operating, or removing a facility; and
- require the utility to pay compensation that is reasonable and nondiscriminatory among such telecommunications utilities.
- Notwithstanding any other law, the commission has the jurisdiction to enforce this section.
(V.A.C.S. Art. 1446c-0, Secs. 3.2555(d), (e).)
Sec. 54.261. SHARED TENANT SERVICES CONTRACT.
Sections 54.259 and 54.260 do not require a public or private property owner to enter into a contract with a telecommunications utility to provide shared tenant services on a property.
(V.A.C.S. Art. 1446c-0, Sec. 3.2555(I).)
(http://www.puc.state.tx.us/rules/rulemake/21400/21400.cfm)Proposed Substantive Rule on Building Access -
http://www.puc.state.tx.us/rules/rulemake/21400/101999pr.pdfNote:
- 10/26/99 - Workshop
- 11/12/99 - Deadline for written comments (including proposed rule language)
- 2/1/00 - Workshop
Multitenant Building Telecommunications Access Study PREVIOUS CONTENTS APPENDIX 5
returnNEXT Selected Resource Documents:
Nebraska Public Service Commission- Statewide Policy for MDU Accessy