PUCT adopts rule to expand broadband

The Public Utility Commission of Texas adopted a new rule that allows electric utilities to lease their excess fiber capacity to internet service providers, it announced Friday. Known as the Middle Mile Rule, the move will allow internet service providers to provide broadband in unserved and underserved areas of Texas, it said. “The adoption of the first middle mile rule is an incredible achievement for Texas, and it will enhance our efforts to expand broadband access in underserved communities across the state,” Gov. Greg Abbott said in a statement. 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, a news release said.

The rule contains several ratepayer, consumer and private property owner protections, it said. For example, 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, it said. “Access to reliable internet service is a must for Texans in our everyday lives, whether we need it for healthcare, education, work, finding a job, creating a business and many other things,” PUCT Chairman Peter Lake said in a statement. “The infrastructure and equipment necessary are already in place, this simply allows collaboration by different industries to tap into it and bring more Texans online.” An underserved area is defined as one or more census blocks that are not unserved and in which 80 percent or more of end-user addresses in each census block lack access to broadband service with a download speed not less than 100 megabits per second and an upload speed not less than 20 megabits per second, it said. Broadband access has been prioritized by state and national leaders as of late with President Joe Biden’s Infrastructure Bill, passed in November, promising a minimum of $100 million to Texas to help expand internet access. During the 87th Texas legislature last year, the state established a Broadband Development Office within the Texas Comptroller of Public Accounts. The office has been tasked with forming a broadband development program, as well as a broadband development map to be published by Sept. 1. “Broadband is an essential tool for education, telemedicine, businesses, and more – which is why the State of Texas has prioritized closing the digital divide and ensuring internet access across the Lone Star State,” Abbott said.