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.