| (A) Upon receiving a request for telecommunications services
from a tenant, the requesting carrier shall notify the property owner not
fewer than 30 calendar days before the proposed date on which installation
of telecommunications equipment needed to provide the telecommunications services
requested by a tenant is to commence.
(B) Such notice shall be sent by certified mail, return receipt
requested, to the property's on-site manager, or designee, and to the person
identified in the tenant's lease to receive notices.
(C) The requesting carrier shall include, but is not limited
to, the following in its notice of intent:
(i) the identity of the requesting tenant;
(ii) the property address and building number (if applicable);
(iii) the proposed timeline for the installation of telecommunications
equipment;
(iv) the type of telecommunications equipment to be installed;
(v) the proposed location, space requirements, proposed engineering
drawings, and other specifications of the telecommunications equipment;
(vi) the conduit requirements, if any; and
(vii) a copy of PURA §§54.259, 54.260, and 54.261
and this section (Substantive Rule §26.129).
(D) The requesting carrier and the property owner may agree,
in writing, to extend the timelines prescribed by this subsection.
(f) Requirement to negotiate for 30 days.
(1) Upon receipt of the requesting carrier's notice of intent
to install telecommunications equipment, the property owner and the requesting
carrier shall attempt to reach a mutually acceptable agreement regarding the
installation of the requesting carrier's telecommunications equipment and
reasonable compensation due the property owner as a result of such installation.
(2) If such an agreement is not reached within 30 calendar
days of the property owner's receipt of the requesting carrier's notice of
intent, either party may file for resolution pursuant to subsection (i) of
this section.
(3) The requesting carrier and the property owner may
agree, in writing, to extend the period of negotiation prescribed by this
subsection.
(g) Parameters for installation of telecommunications equipment.
The property owner shall not deny the requesting carrier access to space,
except due to inadequate space or safety concerns.
(1) Inadequate space.
(A) Property owner's denial due to inadequate space. The property
owner may deny access to space if it does so within ten business days of its
receipt of the requesting carrier's notice of intent to install telecommunications
equipment, where the space and/or conduit required for installation is not
sufficient to accommodate the requesting carrier's request.
(B) Demonstration of inadequate space.
(i) In the event the property owner denies access to space,
the property owner shall demonstrate that there is insufficient space and/or
conduit to accommodate the requesting carrier's request for space. The property
owner shall allow the requesting carrier to inspect the space and/or conduit
to which it is denied access; or it may utilize any other method of proof
mutually agreed upon by the property owner and the requesting carrier.
(ii) Such demonstration shall be completed within ten business
days of the requesting carrier's receipt of the property owner's denial.
(iii) Following such demonstration or other agreed upon method
of proof, the requesting carrier shall have ten business days to dispute the
property owner's assertion that a space limitation exists by pursuing resolution
pursuant to subsection (i) of this section.
(C) The requesting carrier and the property owner may agree,
in writing, to extend the timelines prescribed by this subsection.
(2) Safety concerns.
(A) Property owner's denial due to safety concern. The property
owner may deny access to space if it does so within ten business days of its
receipt of the requesting carrier's notice of intent to install telecommunications
equipment, where the installation of the requesting carrier's telecommunications
equipment would cause an unreasonable circumstance that would compromise the
safety of the property and/or persons on the property.
(B) Demonstration of safety concern.
(i) In the event the property owner denies access to space,
the property owner shall demonstrate that an unreasonable safety hazard that
requires the denial of access to space exists. The property owner shall specify
the alleged safety hazard and cite any applicable codes and/or standards.
The property owner shall allow the requesting carrier to inspect the space
and/or conduit to which it is denied access, or it may utilize any other method
of proof mutually agreed upon by the property owner and the requesting carrier.
(ii) Such demonstration shall be completed within ten business
days of the requesting carrier's receipt of the property owner's denial.
(iii) Following such demonstration or other agreed upon method
of proof, the requesting carrier shall have ten business days to dispute the
property owner's assertion that a safety hazard exists by pursuing resolution
pursuant to subsection (i) of this section.
(C) The requesting carrier and the property owner may agree,
in writing, to extend the timelines prescribed by this subsection.
(h) Parameters for determining reasonable compensation for
access.
(1) The property owner and the requesting carrier shall attempt
to reach a mutually acceptable agreement regarding reasonable and non-discriminatory
compensation due the property owner as a result of the requesting carrier's
installation of telecommunications equipment required to provide telecommunications
services to a requesting tenant.
(2) The property owner shall not impose a fee on the requesting
carrier unrelated to the requesting carrier's usage of space and/or provision
of telecommunications services to a requesting tenant, except as provided
by agreement of the property owner and the requesting carrier.
(3) The property owner and the requesting carrier shall
negotiate terms and conditions concerning the removal of the requesting carrier's
telecommunications equipment upon the departure of a tenant served by such
requesting carrier or the end of the service agreement between a tenant and
the requesting carrier.
(4) The property owner may require a security deposit
not to exceed an amount equal to one month of fees or rents as determined
by the agreement between the requesting carrier and the property owner. The
requesting carrier and property owner may agree, in writing, to a security
deposit of a differing amount than prescribed by this subsection.
(i) Failure to reach negotiated agreement.
(1) Alternative Dispute Resolution. As an alternative to petitioning
the commission for resolution of a dispute, upon agreement of both parties,
parties may voluntarily submit any controversy or claim under this section
to settlement by alternative dispute resolution. This alternative dispute
resolution shall be conducted under the alternative dispute resolution procedures
of the Texas Government Code, Administrative Procedure Act, Chapter 2009,
and the Texas Civil Practice and Remedies Code, Chapter 154.
(2) Petition to commission for resolution of dispute.
If a mutually acceptable agreement regarding the installation of the requesting
carrier's telecommunications equipment, the reasonable compensation due the
property owner as a result of such installation, or other disputed issues
is not reached within 30 calendar days of the property owner's receipt of
the requesting carrier's notice of intent to install telecommunications equipment,
either the property owner or the requesting carrier may petition the commission
for resolution. The petition shall include proof of the requesting carrier's
proper service of notice of intent to the property owner in the form of an
affidavit and attached copy of return receipt.
(3) Types of disputes and information required for each.
(A) Installation dispute.
(i) The property owner may deny access consistent with subsection
(g) of this section.
(ii) The property owner and the requesting carrier shall each
provide the commission with information specifying the space or safety related
installation dispute(s) that is preventing a negotiated agreement.
(iii) The property owner and the requesting carrier shall each
provide the commission with information supporting its position in the dispute(s).
(B) Reasonable compensation dispute.
(i) The property owner shall provide the commission with the
amount of compensation being sought and the basis for such claim, including
information supporting the factors listed in clause (iii) of this subparagraph.
Cont'd... |
