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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority to regulate Voice over Internet Protocol |
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services by the Public Utility Commission of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 52.002(d), Utilities Code, is amended to |
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read as follows: |
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(d) Notwithstanding any other law, a department, agency, or |
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political subdivision of this state may not by rule, order, or other |
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means directly or indirectly regulate rates charged for, service or |
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contract terms for, conditions for, or requirements for entry into |
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the market for Voice over Internet Protocol services or other |
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Internet Protocol enabled services. This subsection does not: |
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(1) affect requirements pertaining to use of a |
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right-of-way or payment of right-of-way fees applicable to Voice |
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over Internet Protocol services under Chapter 283, Local Government |
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Code; |
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(2) affect any person 's obligation to provide video or |
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cable service, as defined under applicable state or federal law, |
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the applicability of Chapter 66, or a requirement to make a payment |
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under Chapter 66; |
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(3) require or prohibit assessment of enhanced 9-1-1, |
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relay access service, or universal service fund fees on Voice over |
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Internet Protocol service; |
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(4) affect any entity 's obligations under Sections |
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251 and 252, Communications Act of 1934 (47 U.S.C. Sections 251 and |
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252), or a right granted to an entity by those sections; |
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(5) affect any applicable wholesale tariff; |
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(6) grant, modify, or affect the authority of the |
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commission to implement, carry out, or enforce the rights or |
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obligations provided by Sections 251 and 252, Communications Act of |
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1934 (47 U.S.C. Sections 251 and 252), or of an applicable wholesale |
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tariff through arbitration proceedings or other available |
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mechanisms and procedures; |
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(7) require or prohibit payment of switched network |
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access rates or other intercarrier compensation rates, as |
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applicable; |
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(8) limit any commission authority over the subjects |
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listed in Subdivisions (1)-(7) or grant the commission any |
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authority over those subjects; [or] |
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(9) affect the assessment, administration, |
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collection, or enforcement of any tax or fee over which the |
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comptroller has authority; or |
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(10) limit any commission authority over the grant of |
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any certificate to a Voice over Internet Protocol provider under |
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Subchapter D, Chapter 54. |
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SECTION 2. Section 54.154(a), Utilities Code, is amended to |
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read as follows: |
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(a) The commission may grant a certificate to encourage an |
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innovative, competitive, and entrepreneurial business to provide |
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telecommunications or Voice over Internet Protocol services. |
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SECTION 3. Section 54.155, Utilities Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A certificate granted under this section to a Voice over |
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Internet Protocol provider may not be construed to expand the |
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authority or jurisdiction of the commission over Voice over |
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Internet Protocol service. |
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SECTION 4. This Act takes effect September 1, 2023. |