By Julie Tomascik
Editor
Texas Farm Bureau (TFB) urged state lawmakers to protect private property rights as they consider policies related to broadband deployment and pole attachments in rural Texas.
TFB submitted written testimony to the House State Affairs Subcommittee on Telecommunications & Broadband Aug. 18 as lawmakers reviewed an interim charge on pole attachments.
The organization noted farmers and ranchers recognize the importance of expanding broadband access in rural communities but said TFB policy does not take a position in the ongoing dispute between telecommunications providers and electric cooperatives regarding pole attachments.
“Our concern is simple: Rural landowners must not be forgotten in this debate,” TFB said in its written testimony.
Much of the existing electric infrastructure in rural areas is located on private property through easement agreements between landowners and utility providers. Many of those agreements were originally negotiated specifically to provide electric service and outline the rights and uses granted by the landowner.
As lawmakers consider policies that could facilitate the placement of broadband or telecommunications facilities on existing electric infrastructure, TFB stressed that easements are valuable property rights.
“Any expansion of use beyond what was originally granted should not occur without consideration of the landowner’s rights,” TFB said.
TFB outlined several principles it believes should guide lawmakers as they consider potential changes.
Existing easement agreements should be honored and enforced according to their terms, and legislation should not automatically expand easement rights beyond those granted by the landowner.
Landowners also should receive notice when a proposed use could exceed or alter the scope of an existing easement. When additional easement rights are needed, TFB said those rights should be obtained directly from the landowner, with fair compensation when additional rights are acquired or existing rights are expanded.
The Legislature’s interim charge directs lawmakers to study the impact of pole attachments and other potential barriers to broadband service. It also calls for evaluating a standardized pricing model or other mechanisms for consistent pole attachment fees while considering costs to utility infrastructure owners and electric system safety and reliability.
TFB said discussions over pole attachments often focus on telecommunications providers and electric cooperatives, but landowners also have a significant interest in the debate.
“The constitutionally protected private property rights of the underlying landowner must be given equal consideration,” TFB said.
TFB asked lawmakers to ensure any legislation addressing pole attachments respects private property rights and keeps landowners involved whenever the scope of an easement could be affected.
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