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A BILL TO BE ENTITLED
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AN ACT
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relating to universal service fund assistance to high cost rural |
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areas and the uniform charge that funds the universal service fund; |
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authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 56.001, Utilities Code, is amended by |
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adding Subdivision (3) to read as follows: |
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(3) "High cost rural area" means: |
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(A) an area served by a small provider as defined |
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by Section 56.032; or |
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(B) an exchange: |
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(i) receiving support under the Texas High |
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Cost Universal Service Plan (16 T.A.C. Section 26.403) or the Small |
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and Rural Incumbent Local Exchange Company Universal Service Plan |
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(16 T.A.C. Section 26.404); and |
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(ii) designated by commission rule, taking |
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into account the number of providers serving the exchange, the |
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population density in the exchange, and the number of customers |
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served per route mile of plant in service used to provide basic |
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telecommunications service. |
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SECTION 2. Section 56.022, Utilities Code, is amended to |
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read as follows: |
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Sec. 56.022. UNIFORM CHARGE. (a) The universal service |
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fund is funded by a statewide uniform charge payable by each |
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telecommunications provider and each provider of Voice over |
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Internet Protocol service that has access to the customer base. |
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(b) A telecommunications provider or provider of Voice over |
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Internet Protocol service shall pay the charge in accordance with |
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procedures approved by the commission. |
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(c) The uniform charge is on services and at rates the |
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commission determines and may be in the form of a fee or an |
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assessment on revenues. In establishing the charge and the |
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services to which the charge will apply, the commission may not: |
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(1) grant an unreasonable preference or advantage to a |
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telecommunications provider or a provider of Voice over Internet |
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Protocol service; |
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(2) assess the charge on pay telephone service; [or] |
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(3) subject a telecommunications provider or a |
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provider of Voice over Internet Protocol service to unreasonable |
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prejudice or disadvantage; |
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(4) assess the charge in a manner that is not |
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technology-neutral or that grants an unreasonable preference based |
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on technology; or |
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(5) assess a charge for the service, in the form of a |
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fee or otherwise, on a device that a consumer of the service uses to |
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access the service. |
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SECTION 3. Sections 56.024(a) and (b), Utilities Code, are |
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amended to read as follows: |
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(a) The commission may require a telecommunications |
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provider or a provider of Voice over Internet Protocol service to |
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provide a report or information necessary to assess contributions |
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and disbursements to the universal service fund. |
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(b) A report or information the commission requires a |
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telecommunications provider or a provider of Voice over Internet |
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Protocol service to provide under Subsection (a) is confidential |
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and not subject to disclosure under Chapter 552, Government Code. |
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SECTION 4. Not later than December 31, 2021, the Public |
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Utility Commission of Texas shall adopt the rules required by |
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Section 56.001, Utilities Code, as amended by this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |