By: Hancock  S.B. No. 1004          (In the Senate - Filed February 22, 2017; March 6, 2017,   read first time and referred to Committee on Business & Commerce;   April 3, 2017, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 8, Nays 0; April 3, 2017,   sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 1004 By:  Hancock     A BILL TO BE ENTITLED   AN ACT     relating to the deployment of network nodes in public right-of-way;   authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 9, Local Government Code, is   amended by adding Chapter 284 to read as follows:   CHAPTER 284. DEPLOYMENT OF NETWORK NODES IN PUBLIC RIGHT-OF-WAY   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 284.001.  FINDINGS AND POLICY. (a)  The legislature   finds that:                (1)  network nodes are instrumental to increasing   access to advanced technology and information for the citizens of   this state;                (2)  this state has delegated to each municipality the   fiduciary duty, as a trustee, to manage the public right-of-way for   the health, safety, and welfare of the public, subject to state law;                (3)  network nodes often may be deployed most   effectively in the public right-of-way;                (4)  network providers' access to the public   right-of-way and the ability to attach network nodes to poles and   structures in the public right-of-way allow network providers to   densify their networks and provide next-generation services;                (5)  expeditious processes and reasonable and   nondiscriminatory terms, conditions, and compensation for use of   the public right-of-way for network node deployments are essential   to state-of-the-art wireless services;                (6)  network nodes help ensure that this state remains   competitive in the global economy;                (7)  the timely permitting of network nodes in the   public right-of-way is a matter of statewide concern and interest;                (8)  requirements of this chapter regarding fees,   charges, rates, and public right-of-way management, when   considered with fees charged to other public right-of-way users   under this code, are fair and reasonable and in compliance with 47   U.S.C. Section 253; and                (9)  to the extent this state has delegated its   fiduciary responsibility to municipalities as managers of a   valuable public asset, the public right-of-way, this state is   acting in its role as a landowner in balancing the needs of the   public and the needs of the network providers by allowing access to   the public right-of-way to place network nodes in the public   right-of-way strictly within the terms of this chapter.          (b)  It is the policy of this state to promote the adoption of   and encourage competition in the provision of wireless services by   reducing the barriers to entry for providers of services so that the   number and types of services offered by providers continue to   increase through competition.          (c)  It is the policy of this state that municipalities:                (1)  retain the authority to manage the public   right-of-way to ensure the health, safety, and welfare of the   public; and                (2)  receive from network providers fair and reasonable   compensation for use of the public right-of-way.          Sec. 284.002.  DEFINITIONS. In this chapter:                (1)  "Antenna" means communications equipment that   transmits or receives electromagnetic radio frequency signals used   in the provision of wireless services.                (2)  "Applicable codes" means:                      (A)  uniform building, fire, electrical,   plumbing, or mechanical codes adopted by a recognized national code   organization; and                      (B)  local amendments to those codes to the extent   not inconsistent with this chapter.                (3)  "Collocate" and "collocation" mean the   installation, mounting, maintenance, modification, operation, or   replacement of network nodes in a public right-of-way on or   adjacent to a pole.                (4)  "Decorative pole" means a streetlight pole   specially designed and placed for aesthetic purposes and on which   no appurtenances or attachments, other than temporary holiday or   special event attachments, have been placed or are permitted to be   placed according to nondiscriminatory municipal codes.                 (5)  "Historic district" means an area that is zoned or   otherwise designated as a historic district under municipal, state,   or federal law.                (6)  "Law" means common law or a federal, state, or   local law, statute, code, rule, regulation, order, or ordinance.                (7)  "Macro tower" means a guyed or self-supported pole   or monopole greater than the height parameters prescribed by   Section 284.103 and that supports or is capable of supporting   antennas.                (8)  "Micro network node" means a network node that is   not larger in dimension than 24 inches in length, 15 inches in   width, and 12 inches in height, and that has an exterior antenna, if   any, not longer than 11 inches.                (9)  "Municipally owned utility pole" means a utility   pole owned or operated by a municipally owned utility, as defined by   Section 11.003, Utilities Code, and located in a public   right-of-way.                (10)  "Network node" means equipment at a fixed   location that enables wireless communications between user   equipment and a communications network. The term:                      (A)  includes:                            (i)  equipment associated with wireless   communications; and                            (ii)  a radio transceiver, an antenna, a   battery-only backup power supply, and comparable equipment,   regardless of technological configuration; and                      (B)  does not include:                            (i)  an electric generator;                            (ii)  a pole; or                            (iii)  a macro tower.                (11)  "Network provider" means:                      (A)  a wireless service provider; or                      (B)  a person that does not provide wireless   services and that is not an electric utility but builds or installs   on behalf of a wireless service provider:                            (i)  network nodes; or                            (ii)  node support poles or any other   structure that supports or is capable of supporting a network node.                (12)  "Node support pole" means a pole installed by a   network provider for the primary purpose of supporting a network   node.                (13)  "Permit" means a written authorization for the   use of the public right-of-way or collocation on a service pole   required from a municipality before a network provider may perform   an action or initiate, continue, or complete a project over which   the municipality has police power authority.                (14)  "Pole" means a service pole, municipally owned   utility pole, node support pole, or utility pole.                (15)  "Private easement" means an easement or other   real property right that is only for the benefit of the grantor and   grantee and their successors and assigns.                (16)  "Public right-of-way" means the area on, below,   or above a public roadway, highway, street, public sidewalk, alley,   waterway, or utility easement in which the municipality has an   interest. The term does not include:                      (A)  a private easement; or                      (B)  the airwaves above a public right-of-way with   regard to wireless telecommunications.                (17)  "Public right-of-way management ordinance" means   an ordinance that complies with Subchapter C.                (18)  "Public right-of-way rate" means an annual rental   charge paid by a network provider to a municipality related to the   construction, maintenance, or operation of network nodes within a   public right-of-way in the municipality.                (19)  "Service pole" means a pole, other than a   municipally owned utility pole, owned or operated by a municipality   and located in a public right-of-way, including:                      (A)  a pole that supports traffic control   functions;                      (B)  a structure for signage;                       (C)  a pole that supports lighting, other than a   decorative pole; and                      (D)  a pole or similar structure owned or operated   by a municipality and supporting only network nodes.                (20)  "Transport facility" means each transmission   path physically within a public right-of-way, extending with a   physical line from a network node directly to the network, for the   purpose of providing backhaul.                (21)  "Utility pole" means a pole or similar structure   that provides:                      (A)  electric distribution with a voltage rating   of not more than 34.5 kilovolts; or                      (B)  services of a telecommunications provider,   as defined by Section 51.002, Utilities Code.                (22)  "Wireless service" means any service, using   licensed or unlicensed wireless spectrum, including the use of   Wi-Fi, whether at a fixed location or mobile, provided to the public   using a network node.                (23)  "Wireless service provider" means a person that   provides wireless service to the public.          Sec. 284.003.  LIMITATION ON SIZE OF NETWORK NODES.   (a)  Except as provided by Section 284.109, a network node to which   this chapter applies must conform to the following conditions:                (1)  each antenna that does not have exposed elements   and is attached to an existing structure or pole:                      (A)  must be located inside an enclosure of not   more than six cubic feet in volume;                      (B)  may not exceed a height of three feet above   the existing structure or pole; and                      (C)  may not protrude from the outer circumference   of the existing structure or pole by more than two feet;                (2)  if an antenna has exposed elements and is attached   to an existing structure or pole, the antenna and all of the   antenna's exposed elements:                      (A)  must fit within an imaginary enclosure of not   more than six cubic feet;                      (B)  may not exceed a height of three feet above   the existing structure or pole; and                      (C)  may not protrude from the outer circumference   of the existing structure or pole by more than two feet;                (3)  the cumulative size of other wireless equipment   associated with the network node attached to an existing structure   or pole may not:                      (A)  be more than 28 cubic feet in volume; or                      (B)  protrude from the outer circumference of the   existing structure or a node support pole by more than two feet;                (4)  ground-based enclosures, separate from the pole,   may not be higher than three feet six inches from grade, wider than   three feet six inches, or deeper than three feet six inches; and                (5)  pole-mounted enclosures may not be taller than   five feet.          (b)  The following types of associated ancillary equipment   are not included in the calculation of equipment volume under   Subsection (a):                (1)  electric meters;                (2)  concealment elements;                (3)  telecommunications demarcation boxes;                (4)  grounding equipment;                (5)  power transfer switches;                (6)  cut-off switches; and                (7)  vertical cable runs for the connection of power   and other services.          (c)  Equipment attached to node support poles may not   protrude from the outer edge of the node support pole by more than   two feet.          (d)  Equipment attached to a utility pole must be installed   in accordance with the National Electrical Safety Code, subject to   local code revisions, and the utility pole owner's construction   standards.   SUBCHAPTER B. USE OF PUBLIC RIGHT-OF-WAY          Sec. 284.051.  APPLICABILITY OF SUBCHAPTER. This subchapter   applies only to activities related to transport facilities,   activities of a network provider collocating network nodes in the   public right-of-way or installing, constructing, operating,   modifying, replacing, and maintaining node support poles in a   public right-of-way, and municipal authority in relation to those   activities.          Sec. 284.052.  EXCLUSIVE USE PROHIBITED. A municipality may   not enter into an exclusive arrangement with any person for use of   the public right-of-way for the construction, operation,   marketing, or maintenance of network nodes or node support poles.          Sec. 284.053.  ANNUAL PUBLIC RIGHT-OF-WAY RATE. (a)  A   public right-of-way rate for use of the public right-of-way may not   exceed an annual amount equal to $250 multiplied by the number of   network nodes installed in the municipality's corporate   boundaries.          (b)  At the municipality's discretion, the municipality may   charge a network provider a lower rate or fee if the lower rate or   fee is:                (1)  nondiscriminatory;                (2)  related to the use of the public right-of-way; and                (3)  not a prohibited gift of public property.          Sec. 284.054.  PUBLIC RIGHT-OF-WAY RATE ADJUSTMENT.  (a)  In   this section, "consumer price index" means the annual revised   Consumer Price Index for All Urban Consumers for Texas, as   published by the federal Bureau of Labor Statistics.          (b)  A municipality may adjust the amount of the public   right-of-way rate not more often than annually by an amount equal to   one-half the annual change, if any, in the consumer price index.   The municipality shall provide written notice to each network   provider of the new rate, and the rate shall apply to the first   payment due to the municipality on or after the 60th day following   that notice.          Sec. 284.055.  USE OF PUBLIC RIGHT-OF-WAY AND APPLICABLE   RATE. (a)  A network provider that wants to connect a network node   to the network located in a public right-of-way may:                (1)  install its own transport facilities subject to   Subsection (b); or                (2)  obtain transport service from a person that is   paying municipal fees to occupy the public right-of-way that are   the equivalent of not less than $28 per node per month.          (b)  A network provider may not install its own transport   facilities unless the provider:                (1)  has a permit to use the public right-of-way; and                (2)  pays to the municipality a monthly public   right-of-way rate for transport facilities in an amount equal to   $28 multiplied by the number of the network provider's network   nodes for which the installed transport facilities provide backhaul   unless or until the time the network provider's payment of   municipal fees exceeds its monthly aggregate per-node compensation   to the municipality.          (c)  A public right-of-way rate required by Subsection (b) is   in addition to any public right-of-way rate required by Section   284.053.          Sec. 284.056.  COLLOCATION OF NETWORK NODES ON SERVICE   POLES. A municipality shall allow collocation of network nodes on   service poles on nondiscriminatory terms and conditions and at a   rate not greater than $20 per year per service pole.   SUBCHAPTER C. ACCESS AND APPROVALS          Sec. 284.101.  RIGHT OF ACCESS TO PUBLIC RIGHT-OF-WAY.   (a)  Except as specifically provided by this chapter, and subject   to the requirements of this chapter and the approval of a permit   application, if required, a network provider is authorized, as a   permitted use, without need for a special use permit or similar   zoning review and not subject to further land use approval, to do   the following in the public right-of-way:                (1)  construct, modify, maintain, operate, relocate,   and remove a network node or node support pole;                (2)  request the modification or replacement of a   utility pole or node support pole; and                (3)  collocate on a pole.          (b)  A network provider taking an action authorized by   Subsection (a) is subject to applicable codes, including applicable   public right-of-way management ordinances.          Sec. 284.102.  GENERAL CONSTRUCTION AND MAINTENANCE   REQUIREMENTS. A network provider shall construct and maintain   network nodes and node support poles described by Section 284.101   in a manner that does not:                (1)  obstruct, impede, or hinder the usual travel or   public safety on a public right-of-way;                (2)  obstruct the legal use of a public right-of-way by   other utility providers;                (3)  violate nondiscriminatory applicable codes;                (4)  violate or conflict with the municipality's   publicly disclosed public right-of-way design specifications; or                (5)  violate the federal Americans with Disabilities   Act of 1990 (42 U.S.C. Section 12101 et seq.).          Sec. 284.103.  GENERAL LIMITATION ON PLACEMENT OF POLES. A   network provider shall ensure that each new, modified, or   replacement utility pole or node support pole installed in a public   right-of-way in relation to which the network provider received   approval of a permit application does not exceed the greater of:                (1)  10 feet in height above the tallest existing   utility pole located within 500 linear feet of the new pole in the   same public right-of-way; or                (2)  50 feet above ground level.          Sec. 284.104.  INSTALLATION IN RESIDENTIAL AREAS. (a)  A   network provider may not install a new node support pole in a   public right-of-way without the municipality's discretionary,   nondiscriminatory, and written consent if the public right-of-way   is adjacent to a street or thoroughfare that is:                (1)  not more than 50 feet wide; and                (2)  adjacent to single-family residential lots or   other multifamily residences or undeveloped land that is designated   for residential use by zoning or deed restrictions.          (b)  In addition to the requirement prescribed by Subsection   (a), a network provider installing a network node or node support   pole in a public right-of-way described by Subsection (a) shall   comply with private deed restrictions and other private   restrictions in the area that apply to those facilities.          Sec. 284.105.  INSTALLATION ON DECORATIVE POLES OR IN   HISTORIC DISTRICTS. (a)  A network provider must obtain advance   approval from a municipality before collocating new network nodes   or installing new node support poles on decorative poles or in an   area of the municipality zoned or otherwise designated as a   historic district. As a condition for approval of new network nodes   or new node support poles on a decorative pole or in a historic   district, a municipality may require reasonable design or   concealment measures for the new network nodes or new node support   poles. A municipality may request that a network provider explore   the feasibility of using certain camouflage measures to improve   the aesthetics of the new network nodes, new node support poles, or   related ground equipment, or any portion of the nodes, poles, or   equipment, to minimize the impact to the aesthetics on decorative   poles or in a historic district.          (b)  This section may not be construed to limit a   municipality's authority to enforce historic preservation zoning   regulations consistent with the preservation of local zoning   authority under 47 U.S.C. Section 332(c)(7), the requirements for   facility modifications under 47 U.S.C. Section 1455(a), or the   National Historic Preservation Act of 1966 (16 U.S.C. Section 470   et seq.), and the regulations adopted to implement those laws.           Sec. 284.106.  EQUIPMENT CABINETS. A network provider shall   ensure that the vertical height of an equipment cabinet installed   as part of a network node does not exceed the height limitation   prescribed by Section 284.003, subject to approval of the pole's   owner if applicable.          Sec. 284.107.  COMPLIANCE WITH UNDERGROUNDING REQUIREMENT.   (a)  A network provider shall, in relation to installation for   which the municipality approved a permit application, comply with   nondiscriminatory undergrounding requirements, including   municipal ordinances, zoning regulations, state law, private deed   restrictions, and other public or private restrictions, that   prohibit installing aboveground structures in a public   right-of-way without first obtaining zoning or land use approval.          (b)  A requirement or restriction described by Subsection   (a) may not be interpreted to prohibit a network provider from   replacing an existing structure.          Sec. 284.108.  DESIGN MANUAL. (a)  A municipality may adopt   a design manual for the installation and construction of network   nodes and new node support poles in the public right-of-way that   includes additional installation and construction details that do   not conflict with this chapter.          (b)  A network provider shall comply with a design manual, if   any, in place on the date a permit application is filed in relation   to work for which the municipality approved the permit application.     A municipality's obligations under Section 284.154 may not be   tolled or extended pending the adoption or modification of a design   manual.          Sec. 284.109.  EXCEPTIONS. Subject to Subchapter D, a   network provider may construct, modify, or maintain in a public   right-of-way a network node or node support pole that exceeds the   height or distance limitations prescribed by this chapter only if   the municipality approves the construction, modification, or   maintenance subject to all applicable zoning or land use   regulations and applicable codes.          Sec. 284.110.  DISCRIMINATION PROHIBITED. A municipality,   in the exercise of the municipality's administrative and regulatory   authority related to the management of and access to the public   right-of-way, must be competitively neutral with regard to other   users of the public right-of-way.   SUBCHAPTER D. APPLICATIONS AND PERMITS          Sec. 284.151.  PROHIBITION OF CERTAIN MUNICIPAL ACTIONS.   (a)   Except as otherwise provided by this chapter, a municipality   may not prohibit, regulate, or charge for the installation or   collocation of network nodes in a public right-of-way.          (b)  A municipality may not directly or indirectly require,   as a condition for issuing a permit required under this chapter,   that the applicant perform services unrelated to the installation   or collocation for which the permit is sought, including in-kind   contributions such as reserving fiber, conduit, or pole space for   the municipality.          (c)  A municipality may not institute a moratorium, in whole   or in part, express or de facto, on:                (1)  filing, receiving, or processing applications; or                (2)  issuing permits or other approvals, if any, for   the installation of network nodes or node support poles.          Sec. 284.152.  AUTHORITY TO REQUIRE PERMIT. (a)  Except as   otherwise provided by this chapter, a municipality may require a   network provider to obtain one or more permits to install a network   node, node support pole, or transport facility in a public   right-of-way if the permit:                (1)  is of general applicability to users of the public   right-of-way;                (2)  does not apply exclusively to network nodes; and                (3)  is processed on nondiscriminatory terms and   conditions regardless of the type of entity submitting the   application for the permit.          (b)  A network provider that wants to install or collocate   multiple network nodes inside the territorial jurisdiction of a   single municipality is entitled to file a consolidated permit   application with the municipality for not more than 30 network   nodes and receive a single permit for the installation or   collocation of those network nodes.          Sec. 284.153.  GENERAL PROCESS RELATING TO PERMIT   APPLICATION. (a)  Except as otherwise provided by this section, a   municipality may not require an applicant to provide more   information to obtain the permit than a telecommunications utility   that is not a network provider is required to provide unless the   information directly relates to the requirements of this chapter.          (b)  As part of the standard form for a permit application, a   municipality may require the applicant to include applicable   construction and engineering drawings and information to confirm   that the applicant will comply with the municipality's publicly   disclosed public right-of-way design specifications and applicable   codes.          (c)  A municipality may require an applicant to provide:                (1)  information reasonably related to the provider's   use of the public right-of-way under this chapter to ensure   compliance with this chapter;                (2)  a certificate that the network node complies with   applicable regulations of the Federal Communications Commission;   and                (3)  certification that the proposed network node will   be placed into active commercial service by or for a network   provider not later than the 60th day after the date the construction   and final testing of the network node is completed.          Sec. 284.154.  MUNICIPAL REVIEW PROCESS. (a)  A   municipality shall process each permit application on a   nondiscriminatory basis.          (b)  Not later than the 30th day after the date the   municipality receives an application for a permit for a network   node or node support pole, or the 10th day after the date the   municipality receives an application for a permit for a transport   facility, the municipality shall determine whether the application   is complete and notify the applicant of that determination. If the   municipality determines that the application is not complete, the   municipality shall specifically identify the missing information.          (c)  A municipality shall approve an application that does   not require zoning or land use approval under this chapter unless   the application or the corresponding work to be performed under the   permit does not comply with the municipality's applicable codes.          (d)  A municipality must approve or deny an application for a   node support pole not later than the 150th day after the date the   municipality receives the complete application. A municipality   must approve or deny an application for a network node not later   than the 60th day after the date the municipality receives the   complete application.  A municipality must approve or deny an   application for a transport facility not later than the 21st day   after the date the municipality receives a complete application.     An application for a permit for a node support pole, network node,   or transport facility is considered approved if the application is   not approved or denied on or before the applicable date for approval   or denial prescribed by this subsection.          (e)  A municipality that denies a complete application must   document the basis for the denial, including the specific   applicable code provisions on which the denial was based. The   municipality shall send the documentation by electronic mail to the   applicant on or before the date the municipality denies the   application.          (f)  Not later than the 30th day after the date the   municipality denies the application, the applicant may cure the   deficiencies identified in the denial documentation and resubmit   the application without paying an additional application fee, other   than a fee for actual costs incurred by the municipality.   Notwithstanding Subsection (d), the municipality shall approve or   deny the revised completed application after a denial not later   than the 90th day after the date the municipality receives the   completed revised application. The municipality's review of the   revised application is limited to the deficiencies cited in the   denial documentation.          Sec. 284.155.  TIME OF INSTALLATION. (a)  A network   provider shall begin the installation for which a permit is granted   not later than nine months after final approval and shall   diligently pursue the installation to completion.          (b)  Notwithstanding Subsection (a), the municipality may   place a longer time limit on completion or grant reasonable   extensions of time as requested by the network provider.          Sec. 284.156.  APPLICATION FEES. (a)  A municipality may   charge an application fee for a permit only if the municipality   requires the payment of the fee for similar types of commercial   development inside the municipality's territorial jurisdiction   other than a type for which application or permit fees are not   allowed by law.          (b)  The amount of an application fee charged by a   municipality may not exceed the lesser of:                (1)  the actual, direct, and reasonable costs the   municipality determines are incurred in granting or processing an   application that are reasonably related in time to the time the   costs of granting or processing an application are incurred; or                (2)  $100 per application covering up to five network   nodes and $50 for each additional network node per application.          (c)  In determining for purposes of Subsection (b)(1) the   amount of the actual, direct, and reasonable costs, the   municipality may not:                (1)  include costs incurred by the municipality in   relation to third-party legal or engineering review of an   application; or                (2)  direct payments or reimbursement of third-party   public right-of-way rates or fees charged on a contingency basis or   under a result-based arrangement.          Sec. 284.157.   CERTAIN WORK EXEMPTED. (a)  Notwithstanding   any other provision of this chapter, a municipality may not require   a network provider to submit an application, obtain a permit, or pay   a rate for:                (1)  routine maintenance that does not require   excavation or closing of sidewalks or vehicular lanes in a public   right-of-way;                (2)  replacing or upgrading a network node or pole with   a node or pole that is substantially similar in size or smaller and   that does not require excavation or closing of sidewalks or   vehicular lanes in a public right-of-way; or                (3)  the installation, placement, maintenance,   operation, or replacement of micro network nodes that are strung on   cables between existing poles or node support poles, in compliance   with the National Electrical Safety Code.          (b)  For purposes of Subsection (a)(2):                (1)  a network node or pole is considered to be   "substantially similar" if:                      (A)  the new or upgraded network node, including   the antenna or other equipment element, will not be more than 10   percent larger than the existing node, provided that the increase   may not result in the node exceeding the size limitations provided   by Section 284.003; and                      (B)  the new or upgraded pole will not be more than   10 percent higher than the existing pole, provided that the   increase may not result in the pole exceeding the applicable height   limitations prescribed by Section 284.103;                (2)  the replacement or upgrade does not include   replacement of an existing node support pole; and                (3)  the replacement or upgrade does not defeat   existing concealment elements of a node support pole.          (c)  The determination under Subsection (b)(1) of whether a   replacement or upgrade is substantially similar is made by   measuring from the dimensions of the network node or node support   pole as approved by the municipality.          (d)  Notwithstanding Subsection (a):                (1)  a municipality may require advance notice of work   described by that subsection;                (2)  a network provider may replace or upgrade a pole   only with the approval of the pole's owner; and                (3)  the size limitations may not in any event exceed   the parameters prescribed by Section 284.003 without the   municipality's approval in accordance with Section 284.109, with   the municipality acting on behalf of this state as the fiduciary   trustee of public property.   SUBCHAPTER E. ACCESS TO MUNICIPAL STRUCTURES          Sec. 284.201.  USE OF MUNICIPALLY OWNED UTILITY POLES.   (a)  The governing body of a municipally owned utility shall allow   collocation of network nodes on municipally owned utility poles on   nondiscriminatory terms and conditions and pursuant to a negotiated   pole attachment agreement, including any applicable permitting   requirements of the municipally owned utility.          (b)  The annual pole attachment rate for the collocation of a   network node supported by or installed on a municipally owned   utility pole shall be based on a pole attachment rate consistent   with Section 54.204, Utilities Code, applied on a per-foot basis.          (c)  The requirements of Subchapters B, C, and D applicable   to the installation of a network node supported by or installed on a   pole do not apply to a network node supported by or installed on a   municipally owned utility pole.    SUBCHAPTER F. EFFECT ON OTHER UTILITIES AND PROVIDERS          Sec. 284.251.  DEFINITIONS. In this subchapter:                (1)  "Cable service" and "video service" have the   meanings assigned by Section 66.002, Utilities Code.                (2)  "Electric cooperative" has the meaning assigned by   Section 11.003, Utilities Code.                (3)  "Electric utility" has the meaning assigned by   Section 31.002, Utilities Code.                (4)  "Telecommunications provider" has the meaning   assigned by Section 51.002, Utilities Code.                (5)  "Telephone cooperative" has the meaning assigned   by Section 162.003, Utilities Code.          Sec. 284.252.  EFFECT ON INVESTOR-OWNED ELECTRIC UTILITIES,   ELECTRIC COOPERATIVES, TELEPHONE COOPERATIVES, AND   TELECOMMUNICATIONS PROVIDERS. Nothing in this chapter shall govern   attachment of network nodes on poles and other structures owned or   operated by investor-owned electric utilities, electric   cooperatives, telephone cooperatives, or telecommunications   providers.  This chapter does not confer on municipalities any new   authority over those utilities, cooperatives, or providers.          Sec. 284.253.  EFFECT ON PROVIDERS OF CABLE SERVICES OR   VIDEO SERVICES. (a)  An approval for the installation, placement,   maintenance, or operation of a network node or transport facility   under this chapter may not be construed to confer authorization to   provide:                (1)  cable service or video service without complying   with all terms of Chapter 66, Utilities Code; or                 (2)  information service as defined by 47 U.S.C.   Section 153(24), or telecommunications service as defined by 47   U.S.C. Section 153(53), in the public right-of-way.          (b)  Except as provided by this chapter, a municipality may   not adopt or enforce any regulations or requirements that would   require a wireless service provider, or its affiliate, that holds a   cable or video franchise under Chapter 66, Utilities Code, to   obtain any additional authorization or to pay any fees based on the   provider's provision of wireless service over its network nodes.   SUBCHAPTER G. GENERAL CONDITIONS OF ACCESS          Sec. 284.301.  LOCAL POLICE-POWER-BASED REGULATIONS.   (a)  Subject to this chapter and applicable federal and state law,   a municipality may continue to exercise zoning, land use, planning,   and permitting authority in the municipality's boundaries,   including with respect to utility poles.          (b)  A municipality may exercise that authority to impose   police-power-based regulations for the management of the public   right-of-way that apply to all persons subject to the municipality.          (c)  A municipality may impose police-power-based   regulations in the management of the activities of network   providers in the public right-of-way only to the extent that the   regulations are reasonably necessary to protect the health, safety,   and welfare of the public.          Sec. 284.302.  INDEMNIFICATION. The indemnification   provisions of Sections 283.057(a) and (b) apply to a network   provider accessing a public right-of-way under this chapter.          Sec. 284.303.  RELOCATION. Except as provided in existing   state and federal law, a network provider shall relocate or adjust   network nodes in a public right-of-way in a timely manner and   without cost to the municipality managing the public right-of-way.          Sec. 284.304.  INTERFERENCE. (a)  A network provider shall   operate all network nodes in accordance with all applicable laws,   including regulations adopted by the Federal Communications   Commission.          (b)  A network provider shall ensure that the operation of a   network node does not cause any harmful radio frequency   interference to a Federal Communications Commission-authorized   mobile telecommunications operation of the municipality operating   at the time the network node was initially installed or   constructed. On written notice, a network provider shall take all   steps reasonably necessary to remedy any harmful interference.          SECTION 2.  (a)  In this section, "collocation," "network   node," and "public right-of-way" have the meanings assigned by   Section 284.002, Local Government Code, as added by this Act.          (b)  Agreements between a municipality and a network   provider for the deployment of network nodes in the public   right-of-way are public/private contracts, and accordingly those   contracts shall be conformed as provided by this section.          (c)  Subject to Subsection (d) of this section, the rates,   terms, and conditions of contracts entered into before the   effective date of this Act shall apply to all network nodes   installed and operational before the effective date of this Act.          (d)  For all network nodes installed and operational on or   after the effective date of this Act:                (1)  if a rate, term, or condition of a contract   related to the construction, collocation, operation, modification,   or maintenance of network nodes does not comply with the   requirements of Chapter 284, Local Government Code, as added by   this Act, a municipality shall amend the contract to comply with the   requirements of Chapter 284, Local Government Code, as added by   this Act, and the amended rates, terms, or conditions shall take   effect for those network nodes on the six-month anniversary of the   effective date of this Act; and                (2)  the rates, terms, and conditions of each contract   executed on or after the effective date of this Act shall comply   with the requirements of Chapter 284, Local Government Code, as   added by this Act.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.     * * * * *