Public Utility Commission of Texas Approves Middle Mile Broadband Rule

The Public Utility Commission of Texas (PUCT) adopts the first middle-mile broadband rule for the state of Texas. The rule permits electric utilities to lease their excess fiber capacity to internet service providers to provide broadband in unserved and underserved areas of Texas. While the PUCT does not regulate broadband service, this rule will help electric utilities, which the PUCT does regulate, partner with internet service providers to expand broadband access to Texans. The middle-mile broadband rule is the result of House Bill 3853 by Rep Doc Anderson (R-TX) and Senator Charles Perry (R-TX) passed during the 87th Texas Legislature. The rule contains several ratepayer, consumer, and private property owner protections. Electric utilities cannot pass any costs related to middle-mile broadband service to their ratepayers. Utilities also cannot deliver internet service directly to end-use customers on a retail basis. And private property owners who’ve granted easements to electric utilities can protest the use of the easement for middle-mile broadband service. Electric utilities that contract with internet service providers must submit implementation plans for middle-mile broadband service to the PUCT for review and approval as required by the Public Utility Regulatory Act.