Texas Commissioners Agree Small-Cells Law Governs Wireless ROW; Crown Castle Withdraws Complaint
The Texas Public Utility Commission lost authority over wireless network nodes in the right of way when the state’s small-cells law took effect Sept. 1, commissioners agreed Thursday at their livestreamed meeting. Commissioners didn’t have a draft declaratory order, but…
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discussed a chairman’s memo with that finding. Staff said commissioners would vote an order at the Nov. 17 PUC meeting. The small-cells law established a new Chapter 284 in Texas Local Government Code, but cities disagreed with ExteNet and Crown Castle about whether it replaced the older Chapter 283. After the law’s author agreed with cities that Chapter 284 governs, Crown Castle said it would adhere to the new law (see 1710120029), and Wednesday, the company formally withdrew its complaint. “The Commission does not have authority under chapter 284 of the Texas Local Government Code,” PUC Chairman DeAnn Walker wrote. The new state law “established a comprehensive and pervasive regulatory scheme intended to exclusively address network providers' access to municipal rights of way for network nodes, node-support poles, or transport facilities," she said. Commissioners Brandy Marquez and Kenneth Anderson concurred. Also, the PUC granted Crown Castle’s request to dismiss the company’s complaint against Dallas. “Implementation of Section 284 has impacted the issues raised in Crown Castle's complaint, and the parties' contentions now before the ALJ [administrative law judge],” the company said. “Crown Castle anticipates the Commission's ruling … will resolve the outstanding issues.” ExteNet is reviewing the memo and "possible courses of action," emailed General Counsel Anthony Lehv.