Texas PUC Asks About Small-Cells Law Effect, Declines to Answer Industry Complaints
The Texas Public Utility Commission may adopt an order Oct. 11 on how the state’s new small-cells law affects PUC jurisdiction under the previous governing statute regarding network nodes, transport facilities and note-support poles constructed by network providers, said an…
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order adopted at the commissioners' Thursday meeting. The small-cells law, effective Friday, establishes a Chapter 284 on wireless network nodes, building on the existing Chapter 283 governing compensation for telecom infrastructure in the right of way (ROW). Commissioners voted 2-0 for a draft briefing order seeking comment on: (1) whether the commission has any authority under Chapter 284; (2) whether the PUC has authority under Chapter 283 to set compensation amounts or address complaints regarding access to the public ROW for the types of equipment defined in Chapter 284; (3) if the answer to the previous question changes when the network provider is also a certified telecommunications provider; and (4) if the commission has authority under Chapter 283 to resolve complaints about access or compensation for using a municipality’s ROW for a distributed antenna system (DAS). Comments are due Sept. 14, replies Sept. 27, in docket 47530. Commissioners voted 2-0 on motions to decline to answer ROW compensation complaints by ExteNet and Crown Castle against Houston and Dallas, deferring to the broader network-nodes docket. Houston earlier sued the PUC over an interim order agreeing with ExteNet that DAS providers need not pay fees because Chapter 283 sets rates based on a company’s number of access lines and wireless infrastructure companies don’t have any such lines (see 1708020036). Austin, Dallas and other cities are suing Texas over the small-cells law (see 1708300020).