| (L) a demonstration that the revenues received from
the provision of middle mile broadband service under the plan offset
all costs directly attributable to the middle mile broadband service,
including but not limited to, construction, maintenance, operations,
taxes, other costs, and return;
(M) testimony, exhibits, and other evidence that demonstrate
the project will allow for the provision and maintenance of middle
mile broadband service to unserved and underserved areas with a sworn
statement attesting compliance with subsection (e) of this section;
(N) unless otherwise specified, testimony, exhibits,
or other evidence that fully support the information required by subparagraphs
(A) - (M) of this paragraph; and
(O) any other information that the applicant considers
relevant.
(2) Notice and intervention deadline. On or before
the day after an electric utility files its plan, the electric utility
must provide notice in accordance with this paragraph. The notice
must include the docket number assigned to the electric utility's
filed written plan. Within 10 days of the date service of notice is
completed, an electric utility must file, in the docket assigned to
its written plan, proof of notice to the persons or entities specified
under subparagraphs (A) and (B) of this paragraph and a list of such
parties by name specifying whether the person or entity qualifies
as an affected property owner under subsection (b)(1) of this section.
Failure by an electric utility to provide timely notice, as determined
by the presiding officer, will toll the intervention deadline under
subparagraph (E) of this paragraph until the date timely notice is
issued. Affected property owners automatically qualify as intervenors
for proceedings under this section.
(A) Notice to affected property owners under this section
must:
(i) Be sent by first class mail to the last known address
of each affected property owner whose property is listed on the most
recent tax roll of each county authorized to levy property taxes against
the property and, if available, by electronic service.
(ii) Conspicuously state in plain language:
(I) that the electric utility has determined the recipient
is an affected property owner as defined under 16 Texas Administrative
Code §25.218(b)(1) and that the mailing is a notice of intent
to use the utility's easement for middle mile broadband implementation;
(II) the recipient's status as an affected property
owner means the utility's easement or other property right planned
by the utility for the provision of third-party middle mile broadband
service does not include language permitting middle mile broadband
service;
(III) that under PURA Chapter 43 and 16 Texas Administrative
Code §25.218, a utility may implement middle mile broadband service
without modifying or expanding the easement if the affected property
owner does not submit a timely written protest;
(IV) that a written protest may be submitted electronically
in the docket for the middle mile broadband proceeding using the interchange
on the commission's website or mailed with reference to the docket
to Commission's Filing Clerk, Public Utility Commission of Texas,
1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326;
(V) the project number for the filing of notice of
written plans and the docket number for utility's specific middle
mile broadband plan;
(VI) that a written protest can be filed for any reason;
(VII) that a written protest is considered timely if
submitted not later than the 60th day from the postmarked date of
the notice;
(VIII) that a submitted written protest can be retracted
at any time by the recipient through a mailed or electronic filing
with the commission in the specified docket, or resolved by written
agreement with the electric utility;
(IX) that other legal authorization could override
the written protest;
(X) an estimated schedule for construction with a statement
that the schedule is subject to change;
(XI) the recipient qualifies as an intervenor and may
seek to intervene in the docket, and that intervention is not the
same as a written protest;
(XII) specify the intervention deadline in accordance
with subparagraph (E) of this paragraph; and
(XIII) a link or website address for the commission
website for public participation.
(iii) State whether any new fiber optic cables used
for middle mile broadband service will be located above or below ground
in the easement or other property right.
(B) Notice to the following persons or entities must
be sent by first class mail to the last known address of the person
or entity or by electronic service:
(i) all parties in the electric utility's last comprehensive
base-rate proceeding;
(ii) property owners whose property is listed on the
most recent tax roll of each county authorized to levy property taxes
against the property and whose real property is burdened by an existing
easement, right-of-way or other property right that permits the provision
of third-party middle mile broadband service on an electric utility
delivery system;
(iii) the Office of Public Utility Counsel; and
(iv) municipalities crossed by or within five miles
of the planned project and counties that are crossed by the planned
project.
(C) Notice to the parties described under subparagraph
(B) of this paragraph must conspicuously state in plain language:
(i) that the electric utility has determined the recipient
is not an affected property owner as defined under Chapter 16, Texas
Administrative Code §25.218(b)(1), that the mailing is a notice
of intent to use the utility's easement for implementation of middle
mile broadband service, and that the electric utility's determination
may be challenged in the docket listed in the notice if the person
or entity files a motion to intervene in the proceeding and that motion
to intervene is granted by the presiding officer;
(ii) the intervention deadline in accordance with subparagraph
(E) of this paragraph; and
(iii) a link or website address for the commission
website for public participation.
(D) The electric utility must file a notice of written
middle mile broadband plan proceeding and must include in the notice
the docket number for the proceeding. The commission will designate
a project number for the filing of notice of plans under this section.
This filing serves as notice to all other interested parties.
(E) The intervention deadline is 45 days from the date
the utility files its notice of written middle mile broadband plan
proceeding in accordance with subparagraph (D) of this paragraph.
The lapse of the intervention deadline does not prevent an affected
property owner from submitting a written protest under subparagraph
(F) of this paragraph.
(F) Protest by affected property owner.
(i) Not later than the 60th day after the postmarked
date an electric utility mails notice to affected property owners
in accordance with subparagraph (A) of this paragraph, an affected
property owner may submit to the electric utility a written protest
of the intended use of the easement or other property right for middle
mile broadband service by filing the protest with the commission in
the docket assigned to the middle mile broadband plan proceeding.
For purposes of this section, an electric utility is deemed to have
received a written protest filed with the commission in the appropriate
docket number.
(ii) If an electric utility receives a written protest
directly from an affected property owner, the electric utility must
file the protest with the commission within three working days of
receipt.
(iii) An electric utility that receives a timely written
protest from an affected property owner must not use the easement
or other property right for middle mile broadband service unless that
use is authorized by law or the protester later retracts its protest
or agrees in writing to that use.
(iv) An electric utility that receives a timely written
protest from an affected property owner regarding the proposed middle
mile broadband plan may cancel the project at any time.
(v) An electric utility that receives any timely written
protests must file an update with the commission that any applicable
protests have been resolved in accordance with clause (iii) of this
subparagraph before implementing its middle mile broadband plan.
(vi) If an affected property owner fails to submit
a timely written protest, an electric utility may proceed with a commission-approved
plan to provide middle mile broadband service without modifying or
expanding the easement for the property owner.
(3) Commission processing of electric utility's plan.
Cont'd... |
