Texas PUC Lost Authority Over Network Nodes, Say PUC Staff, Cities, Verizon
The Texas Public Utility Commission lacks jurisdiction under the state’s small-cells law over installation of network nodes in the right of way (ROW), agreed PUC staff, Texas cities and Verizon in separate reply briefs last week in docket 47530. The…
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new law’s Chapter 284 replaces the old section, Chapter 283, under which the PUC had authority, they said. “Those chapters cannot both apply to the same facilities as constructed by the same providers because those chapters irreconcilably conflict,” PUC staff replied. “The Commission does not have jurisdiction over complaints relating to access to municipal ROW for the construction of these facilities.” Wireless infrastructure companies ExteNet and Crown Castle agreed the PUC has no authority under 284, but said 283 still stands. “Chapter 283 was not amended during the last legislative session, and there is nothing in Chapter 284 that states that it supplants, modifies or supersedes existing law,” replied ExteNet. Comcast argued Chapter 283 still applies for providers that pay access line fees, and the PUC shouldn’t allow some providers but not others to pay compensation to municipalities for use of the ROW: “It is even more critical that the Commission ensure that carriers compensating the municipalities for rights-of-way access under Chapter 283 are not subjected to disparate treatment.” The agency said it may adopt an order Oct. 11 on the authority question (see 1708310022).