RIGHT-OF-WAY ACCOMMODATION FOR BROADBAND-ONLY PROVIDERS

(a) In this section: (1) "Broadband-only provider" means an entity that exclusively provides broadband service. (2) "Broadband service" means Internet service with the capability of providing: (A) a download speed of 25 megabits per second or faster; and (B) an upload speed of three megabits per second or faster. (b) The commission by rule shall: (1) on a competitively and technologically neutral and nondiscriminatory basis with respect to other providers of broadband service, establish an accommodation process that authorizes broadband-only providers to use state highway rights-of-way, subject to highway purposes, for: (A) new broadband facility installations; (B) additions to or maintenance of existing broadband facility installations; (C) adjustments or relocations of broadband facilities; and (D) existing broadband facilities retained within the rights-of-way; and (2) prescribe minimum requirements for the accommodation, method, materials, and location for the installation, adjustment, and maintenance of broadband facilities under the accommodation process.