Texas Utilities Code - UTIL § 43.051. Authorization for Middle Mile Broadband Service

(a) An electric utility may own, construct, maintain, and operate fiber optic cables and other facilities for providing middle mile broadband service in unserved and underserved areas consistent with the requirements of this chapter.  Nothing in this chapter prohibits an entity defined in Section 11.003(9) from providing broadband service to an Internet service provider or owning and operating a broadband system as otherwise permitted by law.

(b) The electric utility shall determine on a nondiscriminatory basis which Internet service providers may access excess fiber capacity on the electric utility's electric delivery system or other facilities and provide access points to allow connection between the electric utility's electric delivery system or other facilities and the systems of those Internet service providers.  The electric utility shall provide access to excess fiber capacity only on reasonable and nondiscriminatory terms and conditions that assure the electric utility the unimpaired ability to comply with and enforce all applicable federal and state requirements regarding the safety, reliability, and security of the electric delivery system.