88R649 CXP-F
 
  By: Perry S.B. No. 1710
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to universal service fund assistance to high cost rural
  areas and the uniform charge that funds the universal service fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 56.001, Utilities Code, is amended by
  adding Subdivision (3) to read as follows:
               (3)  "High cost rural area" means:
                     (A)  an area:
                           (i)  receiving support under Section
  56.021(1) on December 31, 2022; and
                           (ii)  served by a telecommunications
  provider that is subject to rate regulation under Chapter 53; and
                     (B)  any other exchange:
                           (i)  receiving support under the Texas High
  Cost Universal Service Plan (16 T.A.C. Section 26.403) or the Small
  and Rural Incumbent Local Exchange Company Universal Service Plan
  (16 T.A.C. Section 26.404); and
                           (ii)  not excluded by commission rule based
  on the number of telecommunications providers serving the exchange,
  the population density in the exchange, and the number of customers
  served per route mile of plant in service used to provide basic
  local telecommunications service.
         SECTION 2.  Section 56.022, Utilities Code, is amended to
  read as follows:
         Sec. 56.022.  UNIFORM CHARGE. (a) The universal service
  fund is funded by a statewide uniform charge payable by each
  telecommunications provider and each provider of Voice over
  Internet Protocol service that has access to the customer base.
         (b)  A telecommunications provider or provider of Voice over
  Internet Protocol service shall pay the charge in accordance with
  procedures approved by the commission.
         (c)  The uniform charge is on services and at rates the
  commission determines. In establishing the charge and the services
  to which the charge will apply, the commission may not:
               (1)  grant an unreasonable preference or advantage to a
  telecommunications provider or a provider of Voice over Internet
  Protocol service;
               (2)  assess the charge on pay telephone service; [or]
               (3)  subject a telecommunications provider or a
  provider of Voice over Internet Protocol service to unreasonable
  prejudice or disadvantage; or
               (4)  assess the charge in a manner that is not
  technology-neutral or that grants an unreasonable preference based
  on technology.
         SECTION 3.  Sections 56.024(a) and (b), Utilities Code, are
  amended to read as follows:
         (a)  The commission may require a telecommunications
  provider or a provider of Voice over Internet Protocol service to
  provide a report or information necessary to assess contributions
  and disbursements to the universal service fund.
         (b)  A report or information the commission requires a
  telecommunications provider or a provider of Voice over Internet
  Protocol service to provide under Subsection (a) is confidential
  and not subject to disclosure under Chapter 552, Government Code.
         SECTION 4.  Not later than December 31, 2023, the Public
  Utility Commission of Texas shall initiate the rulemaking to adopt
  the rules required by Section 56.001, Utilities Code, as amended by
  this Act.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.