Texas fiber rights of way and pole attachments for AI data centers

In short

In Texas the rules for attaching fiber optic cables to utility poles and placing fiber in public rights of way depend on who owns the pole or the land. Investor-owned utilities like AEP Texas and CenterPoint Energy are regulated by the Federal Communications Commission under the federal Pole Attachment Act. Electric cooperatives are governed by state law, mainly Texas Utilities Code Chapters 252 and 253. Municipally owned utilities must charge a nondiscriminatory pole attachment rate capped at the FCC Telecom Formula, enforced by the Public Utility Commission of Texas. For state highway rights of way the Texas Department of Transportation’s Utility Accommodation Rules apply. For municipal streets Chapter 284 of the Texas Local Government Code sets permit timelines and fee caps for network nodes and transport facilities. We walk through each regime, the key numbers, the real buildouts, and the practical steps for developers and fiber providers.

Why right of way and pole attachment rules matter for Texas AI data centers now

Texas is on track to become the world’s largest AI data center market. The Dallas Fort Worth metro already holds 190 AI data centers, and projects underway could double the market. Data Center Knowledge Stack Infrastructure is building a 220 MW flagship campus in Lancaster on more than 100 acres. [Data Center Knowledge] Google committed $600 million to new AI data center facilities in Red Oak and Midlothian. [Data Center Knowledge] QTS Realty Trust filed plans for $650 million in new construction near Wilmer. [Data Center Knowledge] The Austin AI data center market reached 1.54 GW in 2025. [Data Center Knowledge] In West Texas FiberLight is building a $350 million dark fiber spine to serve AI data center demand. Underground Infrastructure Magazine

Every one of those campuses needs high capacity fiber to connect to networks, internet exchanges, and other AI data centers. That fiber must travel along roads, cross highways, and hang from utility poles. To do that a fiber provider or AI data center developer must follow Texas’s layered right of way and pole attachment laws. The rules change based on whether the pole is owned by a cooperative, a municipal utility, or an investor owned utility, and whether the land is a state highway, a city street, or a county road.

What are the main pole owner categories and which law applies to each

Texas law sorts pole owners into three main categories. Each is under a different regulator and rate structure.

A pole attachment means affixing cables, wires, and associated equipment to a utility pole. Make ready work refers to any modification to the pole or the electric lines needed to safely accommodate the new fiber. Each category is explained in its own section below. The key practical difference is which agency oversees rates and where a provider can challenge them.

What does Texas law say about attaching fiber to electric cooperative poles

Electric cooperatives serve much of rural and suburban Texas. Their poles are often the only existing vertical infrastructure for miles. Since 2013 Texas has maintained a state law regime that keeps cooperative pole attachments outside FCC regulation.

Chapter 252 of the Utilities Code, added by House Bill 3355 in 2013, governs attachment by cable operators. Chapter 253, added by House Bill 1505 in 2021, governs attachment by broadband providers. A broadband provider is an entity that provides broadband service either directly or through an affiliate that uses the entity’s communications facilities, and broadband service means Internet service with the capability of providing a download speed of 25 megabits per second or faster and an upload speed of 3 megabits per second or faster. [Tex. Util. Code § 253.0001] An AI data center fiber buildout delivering 400G or 800G wavelength services fits squarely within that definition.

Both chapters apply only to distribution line poles with a voltage no higher than 34.5 kV. Tex. Util. Code § 252.001, Tex. Util. Code § 253.0001 They do not cover transmission poles.

How a provider gets permission to attach

A broadband provider must apply for access before placing a pole attachment on a cooperative pole. [Tex. Util. Code § 253.0101] The cooperative must provide nondiscriminatory access. It can deny access only for insufficient capacity or for safety, reliability, and generally applicable engineering reasons. But it cannot deny if the problem can be fixed through make ready work. [Tex. Util. Code § 253.0103]

If a pole must be replaced to handle a new attachment the broadband provider pays the actual replacement cost, unless the pole was already defective or due for normal replacement. [Tex. Util. Code § 253.0103]

A cooperative may require a written contract. Nonrecurring charges authorized by this chapter must be cost based. Tex. Util. Code § 253.0006 Recurring rental rates must be just, reasonable, and nondiscriminatory. [Tex. Util. Code § 253.0202] There is no statutory formula. Instead the statute lists factors the parties must consider, including the interests of cooperative consumers and broadband subscribers, third parties, compliance with applicable safety standards, and the maintenance and reliability of both the electric distribution system and the broadband service. [Tex. Util. Code § 253.0202]

What if the parties cannot agree on a rate

Chapter 253 sets a structured timetable. The parties have 90 days to negotiate, then 60 days of mediation. [Tex. Util. Code § 253.0203] During the negotiation, mediation, and any later litigation the existing contract terms remain in force. If no agreement is reached either side can file a lawsuit in district court.

Chapter 252 has a longer holdover period for cable attachments, namely 180 days for negotiation and 90 days for mediation. [Tex. Util. Code § 252.005]

Can the PUC now review electric cooperative pole attachment rates

No, House Bill 3448, which would have given the Public Utility Commission authority to open a contested case proceeding on complaints about cooperative pole attachment rates and make ready costs, was postponed on the House floor on May 15, 2025 and died when the 89th regular session ended on June 2, 2025. It never became law. So the PUC does not have authority to review electric cooperative pole attachment rates. Texas Legislature Online, Bowie-Cass Electric Cooperative, HB 3448 Committee Report

The Broadband Pole Replacement Fund

House Bill 1505 also created a Broadband Pole Replacement Fund, administered by the Texas Comptroller, with an initial $75 million appropriation. The fund reimburses the lesser of $5,000 or 50 percent of the total cost of an eligible pole replacement. To qualify the replacement must enable broadband deployment in an unserved area, defined by the same 25 Mbps download and 3 Mbps upload threshold. Connect The Future report The administration and availability of program funds is publicly reported in real time on the Comptroller’s dashboard. Texas Broadband Pole Replacement Program, Texas Broadband Pole Replacement Program Dashboard

Who handles the right of way for the attachment

The broadband provider is solely responsible for obtaining all necessary right of way and easements for its pole attachments. The cooperative has no duty to obtain or expand right of way, and it is not liable if the provider fails to secure it. The provider must indemnify the cooperative for any liability that arises from that failure. [Tex. Util. Code § 253.0403] This risk allocation means a fiber provider must confirm it has the legal right to be in the strip of land along the cooperative’s poles, which may involve county road easements, private easements, or other layers of permission.

What rules apply to municipal utility pole attachments in Texas

A municipally owned utility, like CPS Energy in San Antonio or Austin Energy, must follow Texas Utilities Code § 54.204. This law imposes a strict equal-treatment and rate-cap regime, enforced by the PUC.

What the law requires

The MOU may not discriminate against any certificated telecommunications provider regarding pole attachment rates, terms, or right of way placement. [Tex. Util. Code § 54.204(a), (b)] It must charge a single, uniform pole attachment or underground conduit rate to all non-affiliated entities, regardless of the services they carry. [Tex. Util. Code § 54.204(c)] That uniform rate cannot exceed the rate permitted under FCC rules adopted under the federal Pole Attachment Act, specifically the FCC Telecom Formula. [Tex. Util. Code § 54.204(c)]

The Texas Supreme Court held in the landmark CPS Energy case that a utility that fails to make meaningful, serious, and timely efforts to collect the uniform rate from all attachers violates the nondiscrimination provision, because PURA’s definition of rate includes compensation charged or collected. The Court expressly declined to decide whether the word charge itself requires collection or whether the same conduct also violated the uniform rate rule. [Time Warner Cable Tex. LLC v. CPS Energy, 593 S.W.3d 291 (Tex. 2019)]

How the FCC Telecom Formula is applied in Texas

The formula sets the annual pole attachment rate as Rate equals Space Factor times Cost. The Space Factor accounts for the physical space the attachment occupies and the number of attaching entities. The Cost side multiplies the net cost of a bare pole by a carrying charge rate and a cost allocator that varies by the number of attaching entities. CPS Energy FCC Rate Calculation Support, 2022

CPS Energy, after years of litigation, published its 2022 rate calculation of $16.44 per foot of attachment space per year. That rate used 329,608 poles, an average pole height of 44 feet, 24.4 feet of unusable space, an average of 3.04 attaching entities, and a 9.75 percent default rate of return. [CPS Energy FCC Rate Calculation Support, 2022]

For a practical example, if a fiber provider attaches a strand that takes up 1 vertical foot on a CPS Energy pole, it pays $16.44 per year for that pole under the 2022 rate.

Other Texas municipal utilities have adopted similar approaches. New Braunfels Utilities explicitly ties its pole attachment rate to § 54.204(c) and the FCC Telecom Formula. NBU Pole Attachment Standards v1.0 Bryan Texas Utilities caps its rates the same way and charges an application fee of $500 for up to 5 network nodes, $250 for each additional node, and $1,000 for a node support pole. BTU Pole Attachment Standards v2.0

What about investor owned utility poles in Texas

Investor owned utilities in Texas, including AEP Texas, CenterPoint Energy, Oncor, and Texas New Mexico Power, are regulated for pole attachments exclusively by the Federal Communications Commission under the federal Pole Attachment Act, 47 U.S.C. § 224. Texas has never filed a certification to regulate these attachments itself, so the FCC retains jurisdiction. 47 U.S.C. § 224(c), Tex. Util. Code § 252.003(a) AEP Texas’s own pole attachment policy states plainly that the FCC regulates pole attachments in Texas. AEP Texas Pole Attachment Policy

How the FCC regime works

The FCC sets rates, terms, and conditions through its rules and decisions. A utility must provide nondiscriminatory access. An electric utility may deny access on a non discriminatory basis where there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes. [47 U.S.C. § 224(f)(2)] The FCC has adopted detailed timelines, namely 45 days for a utility to respond to a survey request, and 14 days to provide a make ready cost estimate after the survey is complete. FCC 11-50 Order

An attaching fiber provider must submit an application directly to the utility, often through the National Joint Utilities Notification System, or NJUNS. CenterPoint Energy’s Pole Attachment Guidelines state that it processes applications through Alden ONE. CenterPoint Energy Pole Attachment Guidelines AEP Texas requires a Pole Attachment License Agreement and an application (submitted either online through the AEP JU Portal or on a paper Permission to Attach form). [AEP Texas Pole Attachment Policy]

AEP Texas also imposes its own engineering restrictions. An attacher must remain above ground for a minimum of 10 consecutive poles before the fiber can terminate underground. Service drops cannot exceed 3 spans. Attachments are prohibited on dedicated metal poles, on riser poles, and on any pole supporting mission critical equipment like transformers, reclosers, and capacitor banks. [AEP Texas Pole Attachment Policy] These are the utility’s own published standards. The FCC’s nondiscrimination requirement means they must be applied uniformly to every attacher.

Can a provider litigate a rate dispute with an IOU

A fiber provider that believes an IOU’s rate or terms violate the federal rules can file a complaint with the FCC. The FCC has a formal complaint process. Many disputes are resolved through negotiation before reaching that step.

How does Texas handle fiber on state highway right of way

Fiber running along or across state highways must comply with the Texas Department of Transportation’s Utility Accommodation Rules, found in 43 Texas Administrative Code Chapter 21, Subchapter C. Public utilities, including telecommunications providers, have a statutory right to occupy state highway right of way, as long as the use does not interfere with public safety or the state’s ability to build and maintain the highway. 43 TAC § 21.36

When a private fiber line can use TxDOT right of way

A private utility line, meaning a line serving a single AI data center campus rather than offering service to the public, may only cross a highway right of way under a Public Highway Utility Accommodation Permit. [43 TAC § 21.600] [43 TAC §§ 21.31-21.57] Private lines generally may not run longitudinally along the highway. To run lengthwise the owner must obtain a State Highway Right of Way Lease under separate lease regulations. [43 TAC § 21.36(b)] This is an important distinction for an AI data center developer that wants to run a private fiber connection between two campuses located along the same highway. The default rule is that longitudinal private use requires a lease, which brings added cost and time.

Technical and permitting requirements

All utility installations in TxDOT right of way must follow the National Electrical Safety Code, federal highway utility regulations, and TxDOT’s own Standard Specifications. [43 TAC § 21.37] For fiber specifically, TxDOT’s Broadband Program, launched in 2023, sets these minimums, including

• Underground installations require at least 4 feet of cover for longitudinal runs, 5 feet for crossings.
• Overhead installations require a minimum of 18 feet of clearance.
• Permit timeline allows at least 90 days for processing. TxDOT Broadband Program FAQ, TxDOT ROW Utilities Manual App. B §8, TxDOT Broadband Program FAQ

Providers must use TxDOT’s online RULIS permitting system. They must submit Form 1082, the Utility Installation Request, for any conduit or pole use, and a Form ROW-U-139 indemnity agreement when fiber optic lines are placed at a reduced depth of 36 inches instead of the standard 42 inches. TxDOT ROW Utilities Manual, Ch. 12, § 1

What rules apply to fiber in municipal streets and rights of way

Chapter 284 of the Texas Local Government Code, enacted by Senate Bill 1004 in 2017, creates a uniform state law for wireless network nodes in municipal public right of way. It also covers the transport facilities, meaning the fiber backhaul that connects those nodes to the broader network. This chapter applies when an AI data center fiber buildout also supports small cell deployments or uses municipal streets for backhaul fiber.

What a network node and transport facility mean under Chapter 284

A network node is equipment placed at a fixed location to enable wireless communication. It includes antennas, radios, battery backup, and any coaxial or fiber optic cable immediately adjacent to and directly associated with that collocation. A transport facility is each transmission path within public right of way that runs from a network node directly to the network for backhaul. [Tex. Loc. Gov’t Code § 284.002] So a fiber strand that backhauls traffic from multiple small cells into an AI data center can qualify as a transport facility, subject to Chapter 284’s rules.

What a municipality can charge

The law caps the annual public right of way rate at $250 per network node per year, which a municipality may adjust annually by an amount equal to one-half the annual change in the Consumer Price Index. [Tex. Loc. Gov’t Code § 284.053] [Tex. Loc. Gov’t Code § 284.054] The municipality may also charge a separate transport facility fee of $28 per network node per month for the connection between the node and the network. [Tex. Loc. Gov’t Code § 284.056] These are the only recurring fees a city may impose for the right of way use covered by the chapter. A municipality cannot prohibit, regulate, or charge for the installation or collocation of network nodes in a public right of way beyond what the chapter allows. [Tex. Loc. Gov’t Code § 284.151]

Permit timelines

Chapter 284 sets strict shot clocks for municipal review. After an application is filed the municipality has.

• 30 days to determine completeness for network node and node support pole permits (10 days for transport facilities).
• 60 days to approve or deny a network node permit.
• 150 days to act on a node support pole permit.
• 21 days for a transport facility permit.

If the municipality fails to act by the deadline the permit is automatically deemed approved. [Tex. Loc. Gov’t Code § 284.154] A provider can file a single consolidated permit for up to 30 network nodes. [Tex. Loc. Gov’t Code § 284.152] A municipality may not require a network provider to submit an application, obtain a permit, or pay a rate for routine maintenance that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way. [Tex. Loc. Gov’t Code § 284.157]

Concealment and locational limits

In a historic district or a design district with decorative poles the municipality may require reasonable design or concealment measures. [Tex. Loc. Gov’t Code § 284.105] For example the City of Round Rock’s Design Manual identifies several zoning districts as design districts where concealment may be required. Round Rock Ordinance O-2018-5461 A network provider may not install a new node support pole in a public right-of-way without the municipality’s discretionary, nondiscriminatory, and written consent if the public right-of-way is in a municipal park or is adjacent to a street or thoroughfare that is not more than 50 feet wide and adjacent to single-family residential lots, other multifamily residences, or undeveloped land designated for residential use by zoning or deed restrictions. [Tex. Loc. Gov’t Code § 284.104] Decorative poles and traffic signal poles are excluded from the mandatory access provision. [Tex. Loc. Gov’t Code § 284.102]

Open question, overlapping obligations on the same fiber strand

If a fiber provider uses the same strand or conduit both as backhaul for wireless network nodes (a Chapter 284 transport facility) and as an AI data center interconnect passing through municipal or cooperative rights of way, that strand may be subject to two different rate and permission regimes at once. The statute does not clearly resolve whether a transport facility that also carries non-Chapter 284 traffic continues to be governed solely by Chapter 284 or must also comply with the other pole or ROW rules. This is an unsettled area that providers should analyze carefully. [The PUCT in Docket No. 47530 found Chapter 284 to be a comprehensive regulatory scheme and held it lacks authority under Chapter 283 for network providers installing node facilities, but the exact question of a transport facility carrying non-Chapter 284 traffic remains unresolved by Texas courts or the PUCT.] PUCT order, Law firm analysis

What safety and notice rules apply to underground fiber installation

Any excavation using mechanized equipment to disturb soil to a depth of 16 or more inches to install fiber conduit triggers Texas’s underground damage prevention law. [Tex. Util. Code § 251.002] The excavator must notify Texas811 at least 48 hours before digging, excluding weekends and holidays. [Tex. Util. Code § 251.151] A Class A underground facility operator contacted by the notification system must then, if it believes marking is necessary, mark the approximate location of its lines not later than the 48th hour after notice, excluding Saturdays, Sundays, and legal holidays, using the American Public Works Association color coding standards, which assign orange for telecommunication lines. Tex. Util. Code § 251.157, APWA Uniform Color Code An excavator who has fully complied with this chapter is not liable for damage to an underground facility that was not marked in accordance with this chapter. [Tex. Util. Code § 251.157]

If excavation damages an underground facility the excavator must immediately contact the facility operator. [Tex. Util. Code § 251.159] Civil penalties for an excavator that fails to notify start at $500 per violation. [Tex. Util. Code § 251.201]

In April 2026 Texas811 launched Guardian, a distributed fiber optic sensing system that turns existing fiber lines into real time excavation monitors. The system detects ground disturbance near the fiber and flags unauthorized digging. The launch was driven in part by increased excavation from data center buildout. Underground Infrastructure

What about middle mile fiber built by electric utilities in rural areas

Texas law also allows electric utilities to build fiber themselves. Under Chapter 43 of the Utilities Code an electric utility may own, construct, and operate fiber optic cables for middle mile broadband in unserved and underserved areas. The utility then makes excess capacity available to internet service providers on a nondiscriminatory, wholesale basis. It cannot favor an affiliated ISP. [Tex. Util. Code § 43.051, 43.052] This program can bring fiber to rural exchanges and potential AI data center sites that otherwise lack connectivity.

How are real fiber projects using these rules

Texas’s current AI data center boom is already shaping the fiber market. The projects mentioned at the start show how developers and providers apply the legal framework.

LOGIX Fiber Networks, a Houston based provider with over 300,000 fiber miles and connections to more than 80 third party AI data centers in Texas, announced in February 2026 a major expansion in the South Dallas corridor (Wilmer, Red Oak, Lancaster, Midlothian) and the Austin to Bastrop corridor. It is deploying 400G wavelength services on an 800G statewide backbone. [Data Center Knowledge] That South Dallas corridor is exactly where Stack Infrastructure, Google, and QTS are building massive new AI data centers. LOGIX’s fiber will traverse a mix of investor owned utility poles (Oncor territory), electric cooperative poles, and municipal streets. Its right of way strategy must account for every regime described above.

FiberLight’s $350 million West Texas dark fiber spine will run 1,400 miles across West Texas with a third diverse route into Abilene. The project connects AI data centers in a region emerging as a hub for AI and data center development, while also improving connectivity options for rural communities. Underground Infrastructure Magazine That route crosses miles of TxDOT highway right of way, requiring UAR permits and leases, and likely uses both cooperative and IOU poles.

Gigabit Fiber, a Dallas based provider with about 500 route miles and more than 50 connected AI data centers, received a majority investment from Blue Owl Capital in September 2025 to build campus to campus conduit in South Dallas. Gigabit Fiber press release

These deals show that the legal framework is not a barrier, but it demands early planning. Site selection counsel for an AI data center developer can map the pole ownership and ROW jurisdiction along every potential fiber path, estimate timelines for permits and lease negotiations, and budget for make ready costs and rate negotiations.

Key takeaways

• The pole owner category determines the applicable rate structure, regulators, and dispute process. Identifying it at the start of project planning shapes the timeline and budget.
• For cooperative poles no statutory formula governs recurring rates, but rates must be just, reasonable, and nondiscriminatory. The provider must secure its own right of way and indemnify the cooperative.
• For municipal utility poles rates are capped by the FCC Telecom Formula. The utility must charge a single, uniform rate to all. The PUC enforces the rule. CPS Energy’s $16.44 per foot per year (2022) is a public benchmark.
• For IOUs the FCC is the sole regulator. Utility specific engineering restrictions, like AEP Texas’s 10 pole aerial minimum and its ban on attachments to steel poles, must be understood early.
• On state highway right of way private longitudinal fiber installation generally requires a lease, not just a permit. Budget at least 90 days for TxDOT permit processing and comply with depth and clearance standards.
• For municipal streets the Chapter 284 transport facility path provides fee caps and shot clocks for backhaul, but overlapping obligations can arise if the same strand serves other purposes.
• Always call 811 before underground excavation at 16 inches or deeper, and document compliance to avoid liability.
• Real projects like LOGIX’s South Dallas expansion and FiberLight’s West Texas spine show that the legal framework is workable, but upfront due diligence on pole ownership, ROW authority, and local ordinances is essential.

Frequently asked questions

Q:Who owns the poles along a Texas highway?

A:Pole ownership depends on the specific location. In many cases the poles along a state highway are owned by an investor owned utility like Oncor or AEP Texas, or by an electric cooperative. The highway right of way is separate from the pole. The pole attachment is governed by utility law, while placing fiber in the ground or on a new pole within the highway right of way requires a TxDOT permit or lease.

Q:Can a private AI data center run its own fiber on a utility pole?

A:Usually yes, if the fiber provider or the AI data center developer qualifies as a broadband provider or telecommunications carrier under the applicable law. However the pole owner can require a contract, charge a rate, and impose engineering conditions. For electric cooperatives the broadband provider must apply for access and negotiate a contract under Chapter 253. For IOUs the FCC regime applies, and the utility cannot unreasonably deny access.

Q:What does it cost to attach fiber to a pole in Texas?

A:The cost varies by pole owner. For municipal utilities the rate is capped by the FCC Telecom Formula. For CPS Energy the 2022 rate was $16.44 per foot per year. For cooperatives rates are negotiated and not publicly reported, and no PUC review is available because the 2025 bill that would have enabled PUC review died before becoming law. For IOUs FCC oversight applies, and rates are typically lower than the formula rate for municipal utilities.

Q:How long does it take to get a pole attachment agreement?

A:It depends on the pole owner and the circumstances. Under Chapter 253 the negotiation and mediation timetable sets a total of 150 days before a party can go to court, but existing contracts remain in force during that time. Under the FCC rules for IOUs the utility must respond to a survey within 45 days and tender a license within 14 days after make ready is done. Permitting for TxDOT can add 90 days or more. Municipal permit review under Chapter 284 has strict timelines of 21 to 150 days depending on the type of facility.

Q:Does a provider need a franchise agreement with a city to run fiber?

A:Generally no. Chapter 284 preempts many city franchise requirements for network nodes and transport facilities, capping fees and setting timelines. A city may still require a right of way use agreement or permit for excavation. The key question is whether the fiber qualifies as a transport facility under Chapter 284. If it does the city cannot impose fees beyond those authorized by the state law.

Q:What happens if a provider damages an underground utility while digging?

A:The excavator must immediately notify the facility operator. If the excavator complied with the Texas811 notice requirements it is not liable for damage to unmarked facilities. Failure to notify or dig carefully can lead to penalties starting at $500 per violation and civil liability for repair costs.

Q:Can an electric cooperative refuse to let a provider attach fiber?

A:It can deny access only for insufficient capacity, safety, reliability, or generally applicable engineering reasons. If the problem can be fixed through make ready work it cannot deny access. The cooperative must act on a nondiscriminatory basis, so it cannot say no to one provider while allowing another on similar poles.

Q:Is there state money available to help pay for pole replacements?

A:The Broadband Pole Replacement Fund, authorized by the 87th Legislature in 2021 and funded with $75 million in state revenue in 2023, can reimburse up to $5,000 or 50 percent of the cost of an eligible pole replacement that enables broadband in an unserved area. The comptroller maintains a public dashboard with current fund availability information and has awarded $18.5 million in a first round and $9.8 million in a second round. Texas Broadband Pole Replacement Program, Pole Replacement Program Dashboard

Q:What is the difference between a network node and a transport facility under Chapter 284?

A:A network node is the wireless equipment on a pole. A transport facility is the fiber link that backhauls traffic from that node to the network. The fees and permit timelines differ. A transport facility is charged $28 per node per month, while the network node itself is subject to a $250 per node per year right of way fee.

Q:Do county roads have their own fiber rules?

A:Yes. Many of Texas’s 254 counties impose their own permitting, depth, and franchise requirements for fiber placed in county road right of way. These rules sit on top of TxDOT rules for state highways. A fiber provider must check county level ordinances for each county along the route.

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Junde Liu, JD, LL.M. (Taxation) candidate at UF Law. Originally published on Compute Law Blog. This article is general information and does not constitute legal advice. Reading it does not create an attorney client relationship. The reader should not act on the basis of any content here without first consulting a licensed attorney in the relevant state. Last reviewed for accuracy May 23, 2026.