By Seidlits, Moffat, et al.                           H.B. No. 2128
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of telecommunications utilities, to the
    1-3  provision of telecommunications and related services, and to the
    1-4  continuation of the Public Utility Commission of Texas.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 1.002, Public Utility Regulatory Act of
    1-7  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
    1-8  Session, 1995, is amended to read as follows:
    1-9        Sec. 1.002.  LEGISLATIVE POLICY AND PURPOSE.  This Act is
   1-10  enacted to protect the public interest inherent in the rates and
   1-11  services of public utilities.  The legislature finds that
   1-12  traditionally public utilities are by definition monopolies in the
   1-13  areas they serve; that therefore the normal forces of competition
   1-14  which operate to regulate prices in a free enterprise society do
   1-15  not operate; and that therefore utility rates, operations, and
   1-16  services are regulated by public agencies with the objective that
   1-17  this regulation shall operate as a substitute for competition.  The
   1-18  purpose of this Act is to establish a comprehensive regulatory
   1-19  system which is adequate to the task of regulating public utilities
   1-20  as defined by this Act, to assure rates, operations, and services
   1-21  which are just and reasonable to the consumers and to the
   1-22  utilities.
   1-23        SECTION 2.  Section 1.003(14), Public Utility Regulatory Act
   1-24  of 1995, as enacted by S.B.  319, Acts of the 74th Legislature,
    2-1  Regular Session, 1995, is amended to read as follows:
    2-2              (14)  "Rate" means and includes every compensation,
    2-3  tariff, charge, fare, toll, rental, and classification, or any of
    2-4  them demanded, observed, charged, or collected whether directly or
    2-5  indirectly by any public utility for any service, product, or
    2-6  commodity described in the definition of "utility" in Section 2.001
    2-7  or 3.002 <3.001> of this Act and any rules, regulations, practices,
    2-8  or contracts affecting any such compensation, tariff, charge, fare,
    2-9  toll, rental, or classification.
   2-10        SECTION 3.  Section 1.004, Public Utility Regulatory Act of
   2-11  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   2-12  Session, 1995, is amended to read as follows:
   2-13        Sec. 1.004.  DEFINITIONS IN TITLE.  In this title, "public
   2-14  utility" or "utility" has the meaning assigned by Section 2.001 or
   2-15  3.002 <3.001> of this Act.
   2-16        SECTION 4.  Section 1.022, Public Utility Regulatory Act of
   2-17  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   2-18  Session, 1995, is amended to read as follows:
   2-19        Sec. 1.022.  SUNSET PROVISION.  The Public Utility Commission
   2-20  of Texas and the Office of Public Utility Counsel are subject to
   2-21  Chapter 325, Government Code (Texas Sunset Act).  Unless continued
   2-22  in existence as provided by that chapter, the commission and the
   2-23  office are abolished and this Act expires September 1, 2001 <1995>.
   2-24        SECTION 5.  Subtitle K, Title I, Public Utility Regulatory
   2-25  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   2-26  Regular Session, 1995, is amended by adding Section 1.407 to read
   2-27  as follows:
    3-1        Sec. 1.407.  HISTORICALLY UNDERUTILIZED BUSINESSES.  (a)  The
    3-2  commission by rule shall require each utility to make a good faith
    3-3  effort to overcome the underuse of historically underutilized
    3-4  businesses as shown for private industry by the disparity study
    3-5  conducted under Chapter 684, Acts of the 73rd Legislature, 1993.
    3-6        (b)  The commission may conduct further research and analysis
    3-7  to adjust the results of the disparity study as necessary to
    3-8  account for specific underuse of historically underutilized
    3-9  businesses by the utility industry.
   3-10        (c)  The rules adopted under this section must require each
   3-11  utility to prepare and submit to the commission a strategic plan
   3-12  for use of historically underutilized businesses.
   3-13        (d)  In this section:
   3-14              (1)  "Historically underutilized business" means a
   3-15  business entity at least 51 percent of which is owned by minority
   3-16  group members, or in the case of a corporation, at least 51 percent
   3-17  of the shares of which are owned, managed, and controlled by
   3-18  minority group members.
   3-19              (2)  "Minority group members" includes:
   3-20                    (A)  African Americans;
   3-21                    (B)  American Indians;
   3-22                    (C)  Asian Americans;
   3-23                    (D)  Mexican Americans and other Americans of
   3-24  Hispanic origin; and
   3-25                    (E)  women.
   3-26        SECTION 6.  Subtitle A, Title III, Public Utility Regulatory
   3-27  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
    4-1  Regular Session, 1995, is amended to read as follows:
    4-2                    SUBTITLE A.  GENERAL PROVISIONS
    4-3        Sec. 3.001.  POLICY.  The legislature finds that significant
    4-4  changes have occurred in telecommunications since this Act was
    4-5  initially adopted.  The legislature hereby finds that it is the
    4-6  policy of this state to promote diversity of providers and
    4-7  interconnectivity and to encourage a fully competitive
    4-8  telecommunications marketplace while protecting and maintaining the
    4-9  wide availability of high quality telecommunications services at
   4-10  affordable rates.  These goals are best achieved by legislation
   4-11  that brings telecommunications regulation into the modern era by
   4-12  guaranteeing the affordability of basic telephone service in a
   4-13  competitively neutral manner, while fostering free market
   4-14  competition within the telecommunications industry.  The
   4-15  legislature further finds that the technological advancements,
   4-16  advanced telecommunications infrastructure, and increased customer
   4-17  choices for telecommunications services generated by a truly
   4-18  competitive market will raise the living standards of all Texans by
   4-19  enhancing economic development and improving the delivery of
   4-20  education, health, and other public and private services and
   4-21  therefore play a critical role in Texas' economic future.  It is
   4-22  the policy of this state to require the commission to do those
   4-23  things necessary to enhance the development of competition by
   4-24  adjusting regulation to match the degree of competition in the
   4-25  marketplace, thereby reducing the cost and burden of regulation and
   4-26  maintaining protection of markets that are not competitive.  It is
   4-27  further the policy of this state to ensure that high quality
    5-1  telecommunications services are available, accessible, and usable
    5-2  by individuals with disabilities, unless making the services
    5-3  available, accessible, or usable would result in an undue burden,
    5-4  including unreasonable cost or technical feasibility, or would have
    5-5  an adverse competitive effect.  However, the legislature recognizes
    5-6  that the strength of competitive forces vary widely between markets
    5-7  and products and services.  Therefore, to foster, encourage, and
    5-8  accelerate the continuing development and emergence of a
    5-9  competitive and advanced  telecommunications environment and
   5-10  infrastructure, the legislature declares that new rules, policies,
   5-11  and principles be formulated and applied to protect the public
   5-12  interest.
   5-13        Sec. 3.002.  DEFINITIONS.  In this title:
   5-14              (1)  "Basic local telecommunications service" means:
   5-15                    (A)  flat rate residential and business local
   5-16  exchange telephone service, including primary directory listings;
   5-17                    (B)  tone dialing service;
   5-18                    (C)  access to operator services;
   5-19                    (D)  access to directory assistance services;
   5-20                    (E)  access to 911 service where provided by a
   5-21  local authority or dual party relay service;
   5-22                    (F)  the ability to report service problems seven
   5-23  days a week;
   5-24                    (G)  lifeline and tel-assistance services; and
   5-25                    (H)  any other service the commission, after a
   5-26  hearing, determines should be included in basic local
   5-27  telecommunications service.
    6-1              (2)  "Dominant carrier" means:
    6-2                    (A)  a provider of any particular communication
    6-3  service which is provided in whole or in part over a telephone
    6-4  system who as to such service has sufficient market power in a
    6-5  telecommunications market as determined by the commission to enable
    6-6  such provider to control prices in a manner adverse to the public
    6-7  interest for such service in such market; <and>
    6-8                    (B)  any provider who provided <of> local
    6-9  exchange telephone service within a certificated exchange area on
   6-10  September 1, 1995, as to such service and as to any other service
   6-11  for which a competitive alternative is not available in a
   6-12  particular geographic market; and
   6-13                    (C)  any provider of local exchange telephone
   6-14  service within a certificated exchange area as to intraLATA long
   6-15  distance message telecommunications service originated by dialing
   6-16  the access code "1+" so long as the use of that code for the
   6-17  origination of "1+" intraLATA calls within its certificated
   6-18  exchange area is exclusive to that provider.  A telecommunications
   6-19  market shall be statewide until January 1, 1985.  After this date
   6-20  the commission may, if it determines that the public interest will
   6-21  be served, establish separate markets within the state.  The <Prior
   6-22  to January 1, 1985, the> commission shall hold such hearings and
   6-23  require such evidence as is necessary to carry out the public
   6-24  purpose of this Act and to determine the need and effect of
   6-25  establishing separate markets.  Any such provider determined to be
   6-26  a dominant carrier as to a particular telecommunications service in
   6-27  a market may not be presumed to be a dominant carrier of a
    7-1  different telecommunications service in that market.  The term does
    7-2  not include an interexchange carrier that is not a certificated
    7-3  local exchange company, with respect to interexchange services.
    7-4              (3)  "Incumbent local exchange company" means a local
    7-5  exchange company that has a certificate of convenience and
    7-6  necessity on September 1, 1995.
    7-7              (4)  "Least cost technology" means the technology, or
    7-8  mix of technologies, that would be chosen in the long run as the
    7-9  most economically efficient choice, provided that the choice of
   7-10  least cost technologies is:
   7-11                    (A)  restricted to technologies that are
   7-12  currently available on the market and for which vendor prices can
   7-13  be obtained;
   7-14                    (B)  consistent with the level of output
   7-15  necessary to satisfy current demand levels for all services using
   7-16  the basic network function in question; and
   7-17                    (C)  consistent with overall network design and
   7-18  topology requirements.
   7-19              (5) <(2)>  "Local exchange company" means a
   7-20  telecommunications utility that has been granted either a
   7-21  certificate of convenience and necessity or a certificate of
   7-22  operating authority <certificated> to provide local exchange
   7-23  telephone service, basic local telecommunications service, or
   7-24  switched access service within the state.
   7-25              (6)  "Local exchange telephone service" means
   7-26  telecommunications service provided within an exchange to establish
   7-27  connections between customer premises within the exchange,
    8-1  including connections between a customer premises and a long
    8-2  distance provider serving the exchange.  The term includes tone
    8-3  dialing, service connection charges, and directory assistance
    8-4  services when offered in connection with basic local
    8-5  telecommunications service and interconnection with other service
    8-6  providers.  The term does not include the following services,
    8-7  whether offered on an intraexchange or interexchange basis:
    8-8                    (A)  central office based PBX-type services for
    8-9  systems of 75 stations or more;
   8-10                    (B)  billing and collection services;
   8-11                    (C)  high-speed private line services of 1.544
   8-12  megabits or greater;
   8-13                    (D)  customized services;
   8-14                    (E)  private line and virtual private line
   8-15  services;
   8-16                    (F)  resold or shared local exchange telephone
   8-17  services if permitted by tariff;
   8-18                    (G)  dark fiber services;
   8-19                    (H)  non-voice data transmission service when
   8-20  offered as a separate service and not as a component of basic local
   8-21  telecommunications service;
   8-22                    (I)  dedicated or virtually dedicated access
   8-23  services; and
   8-24                    (J)  any other service the commission declares is
   8-25  not a "local exchange telephone service."
   8-26              (7)  "Long run incremental cost" or "LRIC" has the
   8-27  meaning assigned by the commission in 16 T.A.C. Section 23.91.
    9-1              (8)  "Pricing flexibility" includes customer specific
    9-2  contracts, volume, term, and discount pricing, zone density
    9-3  pricing, packaging of services, and other promotional pricing
    9-4  flexibility.  Discounts and other forms of pricing flexibility may
    9-5  not be preferential, prejudicial, or discriminatory.
    9-6              (9) <(3)>  "Public utility" or "utility" means any
    9-7  person, corporation, river authority, cooperative corporation, or
    9-8  any combination thereof, other than a municipal corporation, or
    9-9  their lessees, trustees, and receivers, now or hereafter owning or
   9-10  operating for compensation in this state equipment or facilities
   9-11  for the conveyance, transmission, or reception of communications
   9-12  over a telephone system as a dominant carrier (hereinafter
   9-13  "telecommunications utility").   A person or  corporation not
   9-14  otherwise a public utility within the meaning of this Act may not
   9-15  be deemed such solely because of the furnishing or furnishing and
   9-16  maintenance of a private system or the manufacture, distribution,
   9-17  installation, or maintenance of customer premise communications
   9-18  equipment and accessories.  Except as provided by Sections 3.606,
   9-19  3.608, and 3.610 of this Act, nothing <Nothing> in this Act shall
   9-20  be construed to apply to companies whose only form of business is
   9-21  being telecommunications managers, companies that administer
   9-22  central office based or customer based PBX-type sharing/resale
   9-23  arrangements as their only form of business, telegraph services,
   9-24  television stations, radio stations, community antenna television
   9-25  services, <or> radio-telephone services that may be authorized
   9-26  under the Public Mobile Radio Services rules of the Federal
   9-27  Communications Commission, or commercial mobile service providers,
   10-1  under Sections 3(n) and 322(d), Communications Act of 1934 (47
   10-2  U.S.C. Section 151 et seq.), Federal Communications Commission
   10-3  rules, and the Omnibus Budget Reconciliation Act of 1993, other
   10-4  than such radio-telephone services provided by wire-line telephone
   10-5  companies under the Domestic Public Land Mobile Radio Service and
   10-6  Rural Radio Service rules of the Federal Communications Commission.
   10-7  Interexchange telecommunications carriers (including resellers of
   10-8  interexchange telecommunications services), specialized
   10-9  communications common carriers, other resellers of communications,
  10-10  other communications carriers who convey, transmit, or receive
  10-11  communications in whole or in part over a telephone system, <and>
  10-12  providers of operator services as defined in Section 3.052(a) of
  10-13  this Act (except that subscribers to customer-owned pay telephone
  10-14  service may not be deemed to be telecommunications utilities), and
  10-15  separated affiliate and electronic publishing joint ventures as
  10-16  defined by Subtitle L of this title are also telecommunications
  10-17  utilities, but the commission's regulatory authority as to them is
  10-18  only as hereinafter defined.  The term "public utility" or
  10-19  "utility" does not include any person or corporation not otherwise
  10-20  a public utility that furnishes the services or commodity described
  10-21  in this section only to itself, its employees, or its tenants as an
  10-22  incident of such employee service or tenancy, when such service or
  10-23  commodity is not resold to or used by others.
  10-24              (10) <(4)>  "Separation" means the division of plant,
  10-25  revenues, expenses, taxes, and reserves, applicable to exchange or
  10-26  local service where such items are used in common for providing
  10-27  public utility service to both local exchange telephone service and
   11-1  other service, such as interstate or intrastate toll service.
   11-2              (11)  "Telecommunications provider" means a
   11-3  certificated telecommunications utility, a shared tenant service
   11-4  provider, a nondominant carrier of telecommunications services,
   11-5  provider of radio-telephone service authorized under the Commercial
   11-6  Mobile Service under Sections 3(n) and 322(d), Communications Act
   11-7  of 1934 (47 U.S.C. Section 151 et seq.), Federal Communications
   11-8  Commission rules, and the Omnibus Budget Reconciliation Act of
   11-9  1993, a telecommunications entity that provides central office
  11-10  based PBX-type sharing or resale arrangements, an interexchange
  11-11  telecommunications carrier, a specialized common carrier, a
  11-12  reseller of communications, a provider of operator services, a
  11-13  provider of customer-owned pay telephone service, and other persons
  11-14  or entities that the commission may from time to time find provide
  11-15  telecommunications services to customers in this state.  The term
  11-16  does not include a provider of enhanced or information services, or
  11-17  another user of telecommunications services, who does not also
  11-18  provide telecommunications services.
  11-19              (12)  "Tier 1 local exchange company" means a Tier 1
  11-20  local exchange company as defined by the Federal Communications
  11-21  Commission.
  11-22        SECTION 7.  Section 3.051, Public Utility Regulatory Act of
  11-23  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  11-24  Session, 1995, is amended by amending Subsections (a), (c)-(f),
  11-25  (j), and (l)-(q) and adding Subsections (r) and (s) to read as
  11-26  follows:
  11-27        (a)  It is the policy of this state to protect the public
   12-1  interest in having adequate and efficient telecommunications
   12-2  service available to all citizens of the state at just, fair, and
   12-3  reasonable rates.  The legislature finds that the
   12-4  telecommunications industry through technical advancements, federal
   12-5  legislative, judicial, and administrative actions, and the
   12-6  formulation of new telecommunications enterprises has become and
   12-7  will continue to be in many and growing areas a competitive
   12-8  industry which does not lend itself to traditional public utility
   12-9  regulatory rules, policies, and principles and that, therefore, the
  12-10  public interest requires that new rules, policies, and principles
  12-11  be formulated and applied to protect the public interest and to
  12-12  provide equal opportunity to all telecommunications utilities in a
  12-13  competitive marketplace.  It is the purpose of this section to
  12-14  grant to the commission the authority and the power under this Act
  12-15  to carry out the public policy herein stated.
  12-16        (c)  Except as provided by Subsections (l), <and> (m), and
  12-17  (s) of this section and Section 3.052 of this Act, the commission
  12-18  shall only have the following jurisdiction over all
  12-19  telecommunications utilities who are not dominant carriers:
  12-20              (1)  to require registration as provided in Subsection
  12-21  (d) of this section;
  12-22              (2)  to conduct such investigations as are necessary to
  12-23  determine the existence, impact, and scope of competition in the
  12-24  telecommunications industry, including identifying dominant
  12-25  carriers in the local telecommunications <exchange> and intralata
  12-26  interexchange telecommunications industry and defining the
  12-27  telecommunications market or markets, and in connection therewith
   13-1  may call and hold hearings, issue subpoenas to compel the
   13-2  attendance of witnesses and the production of papers and documents,
   13-3  and make findings of fact and decisions with respect to
   13-4  administering the provisions of this Act or the rules, orders, and
   13-5  other actions of the commission;
   13-6              (3)  to require the filing of such reports as the
   13-7  commission may direct from time to time;
   13-8              (4)  to require the maintenance of statewide average
   13-9  rates or prices of telecommunications service;
  13-10              (5)  to require that every local exchange area have
  13-11  access to local and interexchange telecommunications service,
  13-12  except that a <an interexchange> telecommunications utility
  13-13  <carrier> must be allowed to discontinue service to a local
  13-14  exchange area if comparable service is available in the area and
  13-15  the discontinuance is not contrary to the public interest; this
  13-16  section does not authorize the commission to require a <an
  13-17  interexchange> telecommunications utility <carrier> that has not
  13-18  provided services to a local exchange area during the previous 12
  13-19  months and that has never provided services to that same local
  13-20  exchange area for a cumulative period of one year at any time in
  13-21  the past to initiate services to that local exchange area; and
  13-22              (6)  to require the quality of <interexchange>
  13-23  telecommunications service provided in each exchange to be adequate
  13-24  to protect the public interest and the interests of customers of
  13-25  that exchange if the commission determines that service to a local
  13-26  exchange has deteriorated to the point that <long distance> service
  13-27  is not reliable.
   14-1        (d)  All providers of communications service described in
   14-2  Subsection (c) of this section who commence such service to the
   14-3  public shall register with the commission within 30 days of
   14-4  commencing service.  Such registration shall be accomplished by
   14-5  filing with the commission a description of the location and type
   14-6  of service provided, the price <cost> to the public of such
   14-7  service, and such other registration information as the commission
   14-8  may direct.  Notwithstanding any other provision of this Act, an
   14-9  interexchange telecommunications utility <carrier> doing business
  14-10  in this state shall continue to maintain on file with the
  14-11  commission tariffs or lists governing the terms of providing its
  14-12  services.
  14-13        (e)(1)  For the purpose of carrying out the public policy
  14-14  stated in Subsection (a) of this section and any other section of
  14-15  this Act notwithstanding, the commission is granted all necessary
  14-16  power and authority under this Act to promulgate rules and
  14-17  establish procedures applicable to incumbent local exchange
  14-18  companies for determining the level of competition in specific
  14-19  telecommunications markets and submarkets and providing appropriate
  14-20  regulatory treatment to allow incumbent local exchange companies to
  14-21  respond to significant competitive challenges.  Nothing in this
  14-22  section is intended to change the burden of proof of the incumbent
  14-23  local exchange company under Sections 3.202, 3.203, 3.204, 3.205,
  14-24  3.206, 3.207, and 3.208 of this Act.
  14-25              (2)  In determining the level of competition in a
  14-26  specific market or submarket, the commission shall hold an
  14-27  evidentiary hearing to consider the following:
   15-1                    (A)  the number and size of telecommunications
   15-2  utilities or other persons providing the same, equivalent, or
   15-3  substitutable service;
   15-4                    (B)  the extent to which the same, equivalent, or
   15-5  substitutable service is available;
   15-6                    (C)  the ability of customers to obtain the same,
   15-7  equivalent, or substitutable services at comparable rates, terms,
   15-8  and conditions;
   15-9                    (D)  the ability of telecommunications utilities
  15-10  or other persons to make the same, equivalent, or substitutable
  15-11  service readily available at comparable rates, terms, and
  15-12  conditions;
  15-13                    (E)  the existence of any significant barrier to
  15-14  the entry or exit of a provider of the service; and
  15-15                    (F)  other relevant information deemed
  15-16  appropriate.
  15-17              (3)  The regulatory treatments which the commission may
  15-18  implement include but are not limited to:
  15-19                    (A)  approval of a range of rates for a specific
  15-20  service;
  15-21                    (B)  approval of customer-specific contracts for
  15-22  a specific service; provided, however, that the commission shall
  15-23  approve a contract to provide central office based PBX-type
  15-24  services for systems of 200 stations or more, billing and
  15-25  collection services, high-speed private line services of 1.544
  15-26  megabits or greater, and customized services, provided that the
  15-27  contract is filed at least 30 days before initiation of the service
   16-1  contracted for; that the contract is accompanied with an affidavit
   16-2  from the person or entity contracting for the telecommunications
   16-3  service stating that he considered the acquisition of the same,
   16-4  equivalent, or substitutable services by bid or quotation from a
   16-5  source other than the incumbent local exchange company; that the
   16-6  incumbent local exchange company is recovering the appropriate
   16-7  costs of providing the services; and that approval of the contract
   16-8  is in the public interest; the contract shall be approved or denied
   16-9  within 30 days after filing, unless the commission for good cause
  16-10  extends the effective date for an additional 35 days; and
  16-11                    (C)  the detariffing of rates.
  16-12        (f)  Moreover, in order to encourage the rapid introduction
  16-13  of new or experimental services or promotional rates, the
  16-14  commission shall promulgate rules and establish procedures which
  16-15  allow the expedited introduction of, the establishment and
  16-16  adjustment of rates for, and the withdrawal of such services,
  16-17  including requests for such services made to the commission by the
  16-18  governing body of a municipality served by an incumbent <a> local
  16-19  exchange company having more than 500,000 access lines throughout
  16-20  the state.  Rates established or adjusted at the request of a
  16-21  municipality may not result in higher rates for ratepayers outside
  16-22  the boundaries of the municipality and may not include any rates
  16-23  for incumbent local exchange company interexchange services or
  16-24  interexchange carrier access service.
  16-25        (j)  Subsections (e) and (f) of this section are not
  16-26  applicable to basic local telecommunications <exchange> service,
  16-27  including local measured service.  Paragraph (B) of Subdivision (3)
   17-1  of Subsection (e) of this section is not applicable to message
   17-2  telecommunications services, switched access services for
   17-3  interexchange carriers, or wide area telecommunications service.
   17-4  An incumbent <A> local exchange company may not price similar
   17-5  services provided pursuant to contracts under Paragraph (B) of
   17-6  Subdivision (3) of Subsection (e) of this section in an
   17-7  unreasonably discriminatory manner.  For purposes of this section,
   17-8  similar services shall be defined as those services which are
   17-9  provided at or near the same point in time, which have the same
  17-10  characteristics, and which are provided under the same or similar
  17-11  circumstances.
  17-12        (l)  Notwithstanding any other provision of this Act, the
  17-13  commission may enter such orders as may be necessary to protect the
  17-14  public interest, including the imposition on any specific service
  17-15  or services of its full regulatory authority under this subtitle,
  17-16  Subtitles C through F of this title, and Subtitles D through I of
  17-17  Title I of this Act, but not Subtitles H and I of this title, if
  17-18  the commission upon complaint from another interexchange
  17-19  telecommunications utility <carrier> finds by a preponderance of
  17-20  the evidence upon notice and hearing that an interexchange
  17-21  telecommunications utility <carrier> has engaged in predatory
  17-22  pricing or attempted to engage in predatory pricing.
  17-23        (m)  Notwithstanding any other provision of this Act, the
  17-24  commission may enter such orders as may be necessary to protect the
  17-25  public interest if the commission finds upon notice and hearing
  17-26  that an interexchange telecommunications utility <carrier> has:
  17-27              (1)  failed to maintain statewide average rates;
   18-1              (2)  abandoned interexchange message telecommunications
   18-2  service to a local exchange area in a manner contrary to the public
   18-3  interest; or
   18-4              (3)  engaged in a pattern of preferential or
   18-5  discriminatory activities prohibited by Sections <3.213 and> 3.215
   18-6  and 3.217 of this Act, except that nothing in this Act shall
   18-7  prohibit volume discounts or other discounts based on reasonable
   18-8  business purposes.
   18-9        (n)  In any proceeding before the commission alleging conduct
  18-10  or activities by an interexchange telecommunications utility
  18-11  <carrier> against another interexchange telecommunications utility
  18-12  <carrier> in contravention of Subsections (l), (m), and (o) of this
  18-13  section, the burden of proof shall be upon the complaining
  18-14  interexchange telecommunications utility <carrier>; however, in
  18-15  such proceedings brought by customers or their representatives who
  18-16  are not themselves interexchange telecommunications utilities
  18-17  <carriers> or in such proceedings initiated by the commission, the
  18-18  burden of proof shall be upon the respondent interexchange
  18-19  telecommunications utility <carrier>.  However, if the commission
  18-20  finds it to be in the public interest, the commission may impose
  18-21  the burden of proof in such proceedings on the complaining party.
  18-22        (o)  The commission shall have the authority to require that
  18-23  a service provided by an interexchange telecommunications utility
  18-24  <carrier described in Subsection (c) of this section> be made
  18-25  available in an exchange served by the utility <carrier> within a
  18-26  reasonable time after receipt of a bona fide request for such
  18-27  service in that exchange, subject to the ability of the local
   19-1  exchange company to provide the required access or other service.
   19-2  A utility <carrier> may not be required to extend a service to an
   19-3  area if provision of that service would impose, after consideration
   19-4  of the public interest to be served, unreasonable costs upon or
   19-5  require unreasonable investments by the interexchange
   19-6  telecommunications utility <carrier>.  The commission may require
   19-7  such information from interexchange utilities <carriers> and local
   19-8  exchange companies <carriers> as may be necessary to enforce this
   19-9  provision.
  19-10        (p)  The commission may exempt from any requirement of this
  19-11  section an interexchange telecommunications utility <carrier> that
  19-12  the commission determines does not have a significant effect on the
  19-13  public interest, and it may exempt any interexchange
  19-14  telecommunications utility <carrier> which solely relies on the
  19-15  facilities of others to complete long distance calls if the
  19-16  commission deems this action to be in the public interest.
  19-17        (q)  Requirements imposed by Subsections (c), (d), (k),
  19-18  <(l),> (m), (n), (o), and (p) of this section on an interexchange
  19-19  telecommunications utility <carrier> shall apply to nondominant
  19-20  carriers and shall constitute the minimum requirements to be
  19-21  imposed by the commission for any dominant carrier.
  19-22        (r)  The commission may, only as necessary to enforce its
  19-23  limited jurisdiction, prescribe forms of books, accounts, records,
  19-24  and memoranda to be kept by a company that has a certificate of
  19-25  operating authority or service provider certificate of operating
  19-26  authority under Subtitle F of this title that in the judgment of
  19-27  the commission may be necessary to carry out the limited
   20-1  jurisdiction over those companies that this Act provides to the
   20-2  commission.
   20-3        (s)(1)  Except as otherwise specifically provided by this
   20-4  Act, the commission shall have only the following authority over a
   20-5  holder of a certificate of operating authority or service provider
   20-6  certificate of operating authority:
   20-7                    (A)  to enforce the applicable provisions of this
   20-8  Act as provided by Subtitle I, Title I, of this Act;
   20-9                    (B)  to assert jurisdiction over a specific
  20-10  service in accordance with Section 3.2572 of this Act;
  20-11                    (C)  to require co-carriage reciprocity; and
  20-12                    (D)  to regulate condemnation and building
  20-13  access.
  20-14              (2)  The commission may not impose on a
  20-15  telecommunications utility that has a certificate of operating
  20-16  authority or service provider certificate of operating authority a
  20-17  rule or regulatory practice under this section that imposes a
  20-18  greater regulatory burden on that telecommunications utility than
  20-19  is imposed on a certificate of convenience and necessity holder
  20-20  serving the same area.
  20-21        SECTION 8.  Subtitle B, Title III, Public Utility Regulatory
  20-22  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  20-23  Regular Session, 1995, is amended by adding Section 3.053 to read
  20-24  as follows:
  20-25        Sec. 3.053.  SALE OF PROPERTY.  (a)  The commission shall
  20-26  complete an investigation under Section 1.251 of this Act that
  20-27  relates to a public utility and enter a final order within 180 days
   21-1  after the date of notification by the utility.  If an order is not
   21-2  entered, the utility's action is considered consistent with the
   21-3  public interest.
   21-4        (b)  Section 1.251 of this Act does not apply to an incumbent
   21-5  local exchange company electing under Subtitle H or I of this title
   21-6  or to a company that receives a certificate of operating authority
   21-7  or a service provider certificate of operating authority under
   21-8  Subtitle F of this title.
   21-9        SECTION 9.  Subtitle C, Title III, Public Utility Regulatory
  21-10  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  21-11  Regular Session, 1995, is amended by adding Section 3.1015 to read
  21-12  as follows:
  21-13        Sec. 3.1015.  MUNICIPAL FEES.  Nothing in this Act may be
  21-14  construed as in any way limiting the right of a public utility to
  21-15  pass through municipal fees, including any increase in municipal
  21-16  fees.  A public utility that traditionally passes through municipal
  21-17  fees shall promptly pass through any reductions.
  21-18        SECTION 10.  Section 3.151(a), Public Utility Regulatory Act
  21-19  of 1995, as enacted by S.B.  319, Acts of the 74th Legislature,
  21-20  Regular Session, 1995, is amended to read as follows:
  21-21        (a)  The commission shall fix proper and adequate rates and
  21-22  methods of depreciation, amortization, or depletion of the several
  21-23  classes of property of each public utility and shall require every
  21-24  public utility to carry a proper and adequate depreciation account
  21-25  in accordance with such rates and methods and with such other rules
  21-26  and regulations as the commission prescribes.  On application of a
  21-27  utility, the commission shall fix depreciation rates that promote
   22-1  deployment of new technology and infrastructure.  In setting those
   22-2  rates, the commission shall consider depreciation practices of
   22-3  nonregulated telecommunications providers.  Such rates, methods,
   22-4  and accounts shall be utilized uniformly and consistently
   22-5  throughout the ratesetting and appeal proceedings.  A company
   22-6  electing under Subtitle H of this title may determine its own
   22-7  depreciation rates and amortizations, but shall notify the
   22-8  commission of any changes.
   22-9        SECTION 11.  Subtitle D, Title III, Public Utility Regulatory
  22-10  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  22-11  Regular Session, 1995, is amended by adding Section 3.1545 to read
  22-12  as follows:
  22-13        Sec. 3.1545.  RECORDS.  Notwithstanding Section 1.204 of this
  22-14  Act, books, accounts, records, or memoranda of a public utility may
  22-15  be removed from the state so long as those books, accounts,
  22-16  records, or memoranda are returned to the state for any inspection
  22-17  by the commission that is authorized by this Act.
  22-18        SECTION 12.  Subtitle D, Title III, Public Utility Regulatory
  22-19  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  22-20  Regular Session, 1995, is amended by adding Section 3.1555 to read
  22-21  as follows:
  22-22        Sec. 3.1555.  MINIMUM SERVICES.  (a)  Except as provided by
  22-23  Subsection (d) of this section, the commission shall require each
  22-24  holder of a certificate of convenience and necessity or certificate
  22-25  of operating authority in this state to provide at the applicable
  22-26  tariff rate, if any, to all customers, irrespective of race,
  22-27  national origin, income, or residence in an urban or rural area,
   23-1  not later than December 31, 2000:
   23-2              (1)  single party service;
   23-3              (2)  tone-dialing service;
   23-4              (3)  basic custom calling features;
   23-5              (4)  equal access for interLATA interexchange carriers
   23-6  on a bona fide request; and
   23-7              (5)  digital switching capability in all exchanges on
   23-8  customer request, provided by a digital switch in the exchange or
   23-9  by connection to a digital switch in another exchange.
  23-10        (b)  Notwithstanding Subsection (a) of this section, an
  23-11  electing incumbent local exchange company serving as of January 1,
  23-12  1995, more than 175,000 but fewer than 1,500,000 access lines shall
  23-13  install digital switches in its central offices serving exchanges
  23-14  of less than 20,000 access lines before December 31, 1998.
  23-15        (c)  The commission may temporarily waive these requirements
  23-16  on a showing of good cause.  The commission may not consider the
  23-17  cost of implementing this section in determining whether an
  23-18  electing company is entitled to a rate increase under Subtitle H or
  23-19  I of this title or increased universal service funds under Section
  23-20  3.608 of this Act.
  23-21        (d)  This section does not affect the requirement prescribed
  23-22  by 16 T.A.C. Section 23.69 that, not later than July 1, 1996,  each
  23-23  local exchange company shall make ISDN available to all customers
  23-24  in exchange areas of the company that have at least 50,000 access
  23-25  lines.
  23-26        SECTION 13.  Subtitle D, Title III, Public Utility Regulatory
  23-27  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   24-1  Regular Session, 1995, is amended by adding Section 3.1556 to read
   24-2  as follows:
   24-3        Sec. 3.1556.  RECONNECTION FEE.  The commission shall
   24-4  establish a reasonable limit on the amount that a local exchange
   24-5  company may charge a customer for changing the location at which
   24-6  the customer receives service.
   24-7        SECTION 14.  Sections 3.201 and 3.202, Public Utility
   24-8  Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th
   24-9  Legislature, Regular Session, 1995, are amended to read as follows:
  24-10        Sec. 3.201.  POWER TO INSURE COMPLIANCE; RATE REGULATION.
  24-11  Subject to the provisions of this Act, the commission is hereby
  24-12  vested with all authority and power of the State of Texas to insure
  24-13  compliance with the obligations of public utilities in this Act.
  24-14  Except as <To the extent> otherwise provided by this Act, the
  24-15  commission is empowered to fix and regulate rates of public
  24-16  utilities, including rules and regulations for determining the
  24-17  classification of customers and services and for determining the
  24-18  applicability of rates.  A rule or order of the commission may not
  24-19  conflict with the rulings of any federal regulatory body.
  24-20        Sec. 3.202.  JUST AND REASONABLE RATES.  It shall be the duty
  24-21  of the commission to insure that every rate made, demanded, or
  24-22  received by any public utility or by any two or more utilities
  24-23  jointly shall be just and reasonable.  Rates may not be
  24-24  unreasonably preferential, prejudicial, or discriminatory, but
  24-25  shall be sufficient, equitable, and consistent in application to
  24-26  each class of consumers.  For ratemaking purposes, the commission
  24-27  may treat two or more municipalities served by a public utility as
   25-1  a single class wherever it deems such treatment to be appropriate.
   25-2  Approval by the commission of a reduced rate for service for a
   25-3  class of consumers eligible under Section 3.602 <3.352> of this Act
   25-4  for tel-assistance service does not constitute a violation of this
   25-5  section.
   25-6        SECTION 15.  Section 3.204, Public Utility Regulatory Act of
   25-7  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   25-8  Session, 1995, is amended to read as follows:
   25-9        Sec. 3.204.  BURDEN OF PROOF.  Except as hereafter provided,
  25-10  in any proceeding involving any proposed change of rates, the
  25-11  burden of proof to show that the proposed change, if proposed by
  25-12  the utility, or that the existing rate, if it is proposed to reduce
  25-13  the rate, is just and reasonable shall be on the public utility.
  25-14  In any proceeding involving an incumbent <a> local exchange company
  25-15  in which the incumbent local exchange company's rate or rates are
  25-16  in issue, the burden of proof that such rate or rates are just and
  25-17  reasonable shall be on the incumbent local exchange company.
  25-18        SECTION 16.  Section 3.210, Public Utility Regulatory Act of
  25-19  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  25-20  Session, 1995, is amended by adding Subsection (c) to read as
  25-21  follows:
  25-22        (c)  Except as provided by Subtitles H and I of this title,
  25-23  this section does not apply to a company electing into Subtitle H
  25-24  or I of this title.  However, the commission shall retain
  25-25  jurisdiction to hear and resolve complaints regarding an electing
  25-26  company's compliance with obligations imposed by this Act.
  25-27        SECTION 17.  Section 3.211, Public Utility Regulatory Act of
   26-1  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   26-2  Session, 1995, is amended by amending Subsections (f) and (h) and
   26-3  adding Subsection (j) to read as follows:
   26-4        (f)  If, after hearing, the commission finds the rates to be
   26-5  unreasonable or in any way in violation of any provision of law,
   26-6  the commission shall determine the level of rates to be charged or
   26-7  applied by the utility for the service in question and shall fix
   26-8  the same by order to be served upon the utility; these rates are
   26-9  thereafter to be observed until changed, as provided by this Act.
  26-10  Except as provided by Subtitles H, I, and J of this title, this
  26-11  subsection does not apply to a company electing into Subtitle H or
  26-12  I of this title.  Rates established under this section after a
  26-13  company's election must comply with Subtitle H or I of this title.
  26-14        (h)  If the commission does not make a final determination
  26-15  concerning an incumbent <a> local exchange company's schedule of
  26-16  rates prior to the expiration of the 150-day suspension period, the
  26-17  schedule of rates finally approved by the commission shall become
  26-18  effective and the incumbent local exchange company shall be
  26-19  entitled to collect such rates from the date the 150-day suspension
  26-20  period expired.  Any surcharges or other charges necessary to
  26-21  effectuate this subsection may not be recovered over a period of
  26-22  less than 90 days from the date of the commission's final order.
  26-23        (j)  An incumbent local exchange company may file with the
  26-24  commission tariffs for switched access service that have been
  26-25  approved by the Federal Communications Commission, provided that
  26-26  the tariffs include all rate elements in the company's interstate
  26-27  access tariff other than end user charges.  If on review the filed
   27-1  tariffs contain the same rates, terms, and conditions, excluding
   27-2  any end user charges, as approved by the Federal Communications
   27-3  Commission, the commission shall order the rates to be the
   27-4  intrastate switched access rates, terms, and conditions for the
   27-5  incumbent local exchange company within 60 days of filing.
   27-6        SECTION 18.  Sections 3.212(a) and (c), Public Utility
   27-7  Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th
   27-8  Legislature, Regular Session, 1995, are amended to read as follows:
   27-9        (a)  An incumbent <A> local exchange company may make changes
  27-10  in its tariffed rules, regulations, or practices that do not affect
  27-11  its charges or rates by filing the proposed changes with the
  27-12  commission at least 35 days prior to the effective date of the
  27-13  changes.  The commission may require such notice to ratepayers as
  27-14  it considers appropriate.
  27-15        (c)  The commission shall approve, deny, or modify the
  27-16  proposed changes before expiration of the suspension period.  In
  27-17  any proceeding under this section, the burden of proving that the
  27-18  requested relief is in the public interest and complies with this
  27-19  Act shall be borne by the incumbent local exchange company.
  27-20        SECTION 19.  Subtitle E, Title III, Public Utility Regulatory
  27-21  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  27-22  Regular Session, 1995, is amended by amending Section 3.213 and
  27-23  adding Section 3.2135 to read as follows:
  27-24        Sec. 3.213.  <COOPERATIVE OR> SMALL INCUMBENT LOCAL EXCHANGE
  27-25  COMPANIES<; STATEMENT OF INTENT TO CHANGE RATES; NOTICE OF INTENT;
  27-26  SUSPENSION OF RATE SCHEDULE; REVIEW>.  (a)  The legislature finds
  27-27  that regulatory policy should recognize differences between the
   28-1  small and large incumbent local exchange companies, that there are
   28-2  a large number of customer-owned telephone cooperatives and small,
   28-3  locally owned investor companies, and that it is appropriate to
   28-4  provide incentives and flexibility to allow incumbent local
   28-5  exchange companies that serve the rural areas to provide existing
   28-6  services and to introduce new technology and new services in a
   28-7  prompt, efficient, and economical manner.
   28-8        (b)  Except as otherwise provided by this section, an
   28-9  incumbent local exchange company that is a cooperative corporation,
  28-10  or that, together with all affiliated incumbent local exchange
  28-11  companies, has fewer than 31,000 access lines in service in this
  28-12  state may offer extended local calling services or new services on
  28-13  an optional basis or make minor changes in its rates or tariffs if
  28-14  the company:
  28-15              (1)  files with the commission and the office a
  28-16  statement of intent, as prescribed by Subsection (c) of this
  28-17  section, not later than the 91st day before the date on which the
  28-18  proposed change will take effect;
  28-19              (2)  provides notice as prescribed by Subsection (d) of
  28-20  this section; and
  28-21              (3)  files with the commission affidavits verifying the
  28-22  provision of notice as prescribed by Subsection (d) of this
  28-23  section.
  28-24        (c)  The statement of intent required by Subsection (b)(1) of
  28-25  this section must include:
  28-26              (1)  a copy of a resolution approving the proposed
  28-27  change by the incumbent local exchange telephone company's board of
   29-1  directors;
   29-2              (2)  a description of the services affected by the
   29-3  proposed change;
   29-4              (3)  a copy of the proposed tariff for the affected
   29-5  service;
   29-6              (4)  a copy of the customer notice required by
   29-7  Subsection (b)(2) of this section;
   29-8              (5)  the number of access lines the company and each
   29-9  affiliate has in service in this state; and
  29-10              (6)  the amount by which the company's total regulated
  29-11  intrastate gross annual revenues will increase or decrease as a
  29-12  result of the proposed change.
  29-13        (d)  The incumbent local exchange company shall provide
  29-14  notice to affected customers in the manner prescribed by the
  29-15  commission not later than the 61st day before the date on which the
  29-16  proposed change will take effect.  Each notice prescribed by the
  29-17  commission must include:
  29-18              (1)  a description of the services affected by the
  29-19  proposed change;
  29-20              (2)  the effective date of the proposed change;
  29-21              (3)  an explanation of the customer's right to petition
  29-22  the commission for a review under Subsection (e) of this section,
  29-23  including the number of persons required to petition before a
  29-24  commission review will occur;
  29-25              (4)  an explanation of the customer's right to obtain
  29-26  information concerning how to obtain a copy of the proposed tariff
  29-27  from the company;
   30-1              (5)  the amount by which the company's total regulated
   30-2  intrastate gross annual revenues will increase or decrease as a
   30-3  result of the proposed change; and
   30-4              (6)  a list of rates that are affected by the proposed
   30-5  rate change.
   30-6        (e)  The commission shall review a proposed change filed
   30-7  under this section if:
   30-8              (1)  the commission receives complaints relating to the
   30-9  proposed change signed by the lesser of five percent or 1,500 of
  30-10  the affected local service customers;
  30-11              (2)  the commission receives a complaint relating to
  30-12  the proposed change from an affected intrastate access customer, or
  30-13  a group of affected intrastate access customers, that in the
  30-14  preceding 12 months accounted for more than 10 percent of the
  30-15  company's total intrastate gross access revenues;
  30-16              (3)  the proposed change is not a minor change;
  30-17              (4)  the company does not comply with the procedural
  30-18  requirements of this section; or
  30-19              (5)  the proposed change is inconsistent with the
  30-20  commission's substantive policies as expressed in its rules.
  30-21        (f)  On review, the commission may suspend the proposed
  30-22  tariff during the pendency of review.
  30-23        (g)  This section does not prohibit an incumbent local
  30-24  exchange company from filing for a new service or rate change under
  30-25  another applicable section of this Act or the commission from
  30-26  conducting a review in accordance with Section 3.210 of this Act.
  30-27        (h)  In this section, "minor change" means a change,
   31-1  including the restructuring of rates of existing services, that
   31-2  decreases the rates or revenues of the incumbent local exchange
   31-3  company or that, together with any other rate or proposed or
   31-4  approved tariff changes in the 12 months preceding the date on
   31-5  which the proposed change will take effect, results in an increase
   31-6  of the company's total regulated intrastate gross annual revenues
   31-7  by not more than five percent.  Further, with regard to a change to
   31-8  a basic local access line rate, a minor change may not, together
   31-9  with any other change to that rate that went into effect during the
  31-10  12 months preceding the proposed effective date of the requested
  31-11  change, result in an increase of more than 10 percent.  <Except as
  31-12  otherwise provided by this section, a local exchange company that
  31-13  is a cooperative corporation or that has fewer than 5,000 access
  31-14  lines in service in this state may change rates by publishing
  31-15  notice of the change at least 60 days before the date of the change
  31-16  in the place and form as prescribed by the commission.  The notice
  31-17  must include:>
  31-18              <(1)  the reasons for the rate change;>
  31-19              <(2)  a description of the affected service;>
  31-20              <(3)  an explanation of the right of the subscriber to
  31-21  petition the commission for a hearing on the rate change; and>
  31-22              <(4)  a list of rates that are affected by the proposed
  31-23  rate change.>
  31-24        <(b)  At least 60 days before the date of the change, the
  31-25  local exchange company shall file with the commission a statement
  31-26  of intent to change rates containing:>
  31-27              <(1)  a copy of the notice required by Subsection (a)
   32-1  of this section;>
   32-2              <(2)  the number of access lines the company has in
   32-3  service in this state;>
   32-4              <(3)  the date of the most recent commission order
   32-5  setting rates of the company;>
   32-6              <(4)  the increase in total gross annual local revenues
   32-7  that will be produced by the proposed rates;>
   32-8              <(5)  the increase in total gross annual local revenues
   32-9  that will be produced by the proposed rates together with any local
  32-10  rate changes which went into effect during the 12 months preceding
  32-11  the proposed effective date of the requested rate change and any
  32-12  other proposed local rate changes then pending before the
  32-13  commission;>
  32-14              <(6)  the increase in rates for each service category;
  32-15  and>
  32-16              <(7)  other information the commission by rule
  32-17  requires.>
  32-18        <(c)  The commission shall review a proposed change in the
  32-19  rates set by a local exchange company under this section upon the
  32-20  receipt of complaints signed by at least five percent of all
  32-21  affected subscribers or upon its own motion.  The commission may
  32-22  require notice to ratepayers as it considers appropriate.  If
  32-23  sufficient complaints are presented to the commission within 60
  32-24  days after the date notice of the rate change was sent to
  32-25  subscribers, the commission shall review the proposed change.
  32-26  After notice to the local exchange company, the commission may
  32-27  suspend the rates during the pendency of the review and reinstate
   33-1  the rates previously in effect.  Review under this subsection shall
   33-2  be as provided by Section 3.211 of this Act.  The period for review
   33-3  by the commission does not begin until the local exchange company
   33-4  files a complete rate-filing package.>
   33-5        <(d)  If the commission has entered an order setting a rate,
   33-6  the affected local exchange company may not change that rate under
   33-7  this section before 365 days after the date of the commission's
   33-8  order setting the rate.>
   33-9        <(e)  This section does not prohibit a local exchange company
  33-10  from filing for a rate change under any other applicable section of
  33-11  this Act.>
  33-12        <(f)  The commission shall review a proposed change in the
  33-13  rates of a local exchange company under this section if the
  33-14  proposed rates, together with any local rate changes which went
  33-15  into effect during the 12 months preceding the proposed effective
  33-16  date of the requested rate change as well as any other proposed
  33-17  local rate changes then pending before the commission, will
  33-18  increase its total gross annual local revenues by more than 2-1/2
  33-19  percent or if the proposed change would increase the rate of any
  33-20  service category by more than 25 percent, except for basic local
  33-21  service, which shall be limited to a maximum of 2-1/2  percent of
  33-22  the total gross annual local revenue.  Review under this subsection
  33-23  shall be as provided by Section 3.211 of this Act.  Each local
  33-24  exchange company may receive a change in its local rates or in any
  33-25  service category pursuant to this section only one time in any
  33-26  12-month period.>
  33-27        (i) <(g)>  Rates established under this section must be in
   34-1  accordance with the rate-setting principles of this subtitle.
   34-2  However, companies may provide to their board members, officers,
   34-3  employees, and agents free or reduced rates for services.
   34-4        (j)(1)  The commission shall, within 120 days of the
   34-5  effective date of this section, examine its policies, its reporting
   34-6  requirements, and its procedural and substantive rules as they
   34-7  relate to rural and small incumbent local exchange companies and
   34-8  cooperatives to eliminate or revise those that place unnecessary
   34-9  burdens and expenses on those companies.  Notwithstanding any other
  34-10  provisions of this Act, the commission shall consider and may adopt
  34-11  policies that include the following:
  34-12                    (A)  policies to allow those companies to provide
  34-13  required information by report or otherwise as necessary, including
  34-14  a rate filing package when required, in substantially less
  34-15  burdensome and complex form than required of larger incumbent local
  34-16  exchange companies;
  34-17                    (B)  policies that permit consideration of the
  34-18  company's future construction plans and operational changes in
  34-19  evaluating the reasonableness of current rates;
  34-20                    (C)  policies that provide for evaluation of the
  34-21  overall reasonableness of current rates no more frequently than
  34-22  once every three years;
  34-23                    (D)  policies that permit companies to change
  34-24  depreciation and amortization rates when customer rates are not
  34-25  affected by notice to the commission, subject to review by the
  34-26  commission in a proceeding under Section 3.210 or 3.211 of this
  34-27  Act;
   35-1                    (E)  policies to allow the incumbent local
   35-2  exchange companies to adopt for new services the rates for the same
   35-3  or substantially similar services offered by a larger incumbent
   35-4  local exchange company, without commission requirement of
   35-5  additional cost justification; and
   35-6                    (F)  policies that allow an incumbent local
   35-7  exchange company, instead of any management audit that would
   35-8  otherwise be required by law, policy, or rule, to submit to the
   35-9  commission financial audits of the company regularly performed by
  35-10  independent auditors or required and performed as a result of the
  35-11  company's participation in federal or state financing or
  35-12  revenue-sharing programs.
  35-13              (2)  Notwithstanding any other relevant provision of
  35-14  this Act, the commission may adopt policies under this subsection
  35-15  that the commission considers appropriate.
  35-16        (k) <(h)>  The commission is granted all necessary power and
  35-17  authority to prescribe and collect fees and assessments from
  35-18  incumbent local exchange companies necessary to recover the
  35-19  commission's and the office's costs of activities carried out and
  35-20  services provided under this section, Subsection (h) of Section
  35-21  3.211, and Sections <Section> 3.212 and 3.2135 of this Act.
  35-22        (l)  Except as provided in Subsection (j), this section may
  35-23  not apply to any incumbent local exchange company that is a
  35-24  cooperative corporation partially deregulated under the provisions
  35-25  of Section 3.2135 of this Act.
  35-26        Sec. 3.2135.  COOPERATIVE CORPORATIONS.  (a)  An incumbent
  35-27  local exchange company that is a cooperative corporation may vote
   36-1  to partially deregulate the cooperative by sending a ballot to each
   36-2  cooperative member.  The ballot may be included in a bill or sent
   36-3  separately.  The ballot shall provide for voting for or against the
   36-4  proposition:  "Authorizing the partial deregulation of the (name of
   36-5  the cooperative)."
   36-6        (b)  The cooperative is deemed to be partially deregulated if
   36-7  a majority of the ballots returned to the cooperative not later
   36-8  than the 45th day after the date on which the ballots are mailed
   36-9  favor deregulation.
  36-10        (c)  After the initial balloting, the cooperative may offer
  36-11  extended local calling services, offer new services on an optional
  36-12  basis, or make changes in its rates or tariffs if the cooperative:
  36-13              (1)  provides notice of the proposed action under this
  36-14  section to all customers and municipalities as prescribed by
  36-15  Subsection (e) of this section;
  36-16              (2)  files with the commission affidavits verifying the
  36-17  provision of notice as prescribed by Subsection (f) of this
  36-18  section; and
  36-19              (3)  files a statement of intent under Subsection (d)
  36-20  of this section.
  36-21        (d)  A statement of intent to use this section must be filed
  36-22  with the commission and the office not later than the 61st day
  36-23  before the date on which a proposed change will take effect and
  36-24  must include:
  36-25              (1)  a copy of a resolution approving the proposed
  36-26  action and authorizing the filing of the statement of intent signed
  36-27  by a majority of the members of the cooperative's board of
   37-1  directors;
   37-2              (2)  a description of the services affected by the
   37-3  proposed action;
   37-4              (3)  a copy of the proposed tariff for the affected
   37-5  service; and
   37-6              (4)  a copy of the customer notice required by this
   37-7  section.
   37-8        (e)  The cooperative shall provide to all affected customers
   37-9  and parties, including municipalities, at least two notices of the
  37-10  proposed action by bill insert or by individual notice.  The
  37-11  cooperative shall provide the first notice not later than the 61st
  37-12  day before the date on which the proposed action will take effect.
  37-13  The cooperative shall provide the last notice not later than the
  37-14  31st day before the date on which the proposed action will take
  37-15  effect.  Each notice prescribed by this subsection must include:
  37-16              (1)  a description of the services affected by the
  37-17  proposed action;
  37-18              (2)  the effective date of the proposed action;
  37-19              (3)  an explanation of the customer's right to petition
  37-20  the commission for a review under Subsection (g) of this section;
  37-21              (4)  an explanation of the customer's right to obtain a
  37-22  copy of the proposed tariff from the cooperative;
  37-23              (5)  the amount by which the cooperative's total gross
  37-24  annual revenues will increase or decrease and a statement
  37-25  explaining the effect on the cooperative revenues as a result of
  37-26  the proposed action; and
  37-27              (6)  a list of rates that are affected by the proposed
   38-1  rate action, showing the effect of the proposed action on each such
   38-2  rate.
   38-3        (f)  Not later than the 15th day before the date on which the
   38-4  proposed action will take effect, the cooperative shall file with
   38-5  the commission affidavits that verify that the cooperative provided
   38-6  each notice prescribed under Subsection (e) of this section.
   38-7        (g)(1)  The commission shall review a proposed action filed
   38-8  under this section if:
   38-9                    (A)  the commission receives, not later than the
  38-10  45th day after the first notice is provided under Subsection (e) of
  38-11  this section, complaints relating to the proposed action:
  38-12                          (i)  signed by at least five percent of the
  38-13  affected local service customers; or
  38-14                          (ii)  from an affected intrastate access
  38-15  customer, or group of affected intrastate access customers, that in
  38-16  the preceding 12 months accounted for more than 10 percent of the
  38-17  cooperative's total intrastate access revenues;
  38-18                    (B)  the cooperative does not comply with the
  38-19  procedural requirements of this section; or
  38-20                    (C)  the proposed action is inconsistent with the
  38-21  commission's substantive policies as expressed in its rules.
  38-22              (2)  If the commission conducts a review of the
  38-23  proposed action under this subsection before the effective date,
  38-24  the commission may suspend  the proposed actions of the cooperative
  38-25  during the pendency of the review.
  38-26        (h)  A cooperative that is partially deregulated under this
  38-27  section may vote to reverse the deregulation by sending  a ballot
   39-1  to each cooperative member.  Upon its own motion or within 60 days
   39-2  upon receipt of a written request of 10 percent of its members, the
   39-3  cooperative's board of directors shall reballot.  The ballot may be
   39-4  included in a bill or sent separately.  The ballot shall provide
   39-5  for voting for or against the proposition:  "Reversing the partial
   39-6  deregulation of the (name of the cooperative)."  The partial
   39-7  deregulation is reversed if a majority of the ballots returned to
   39-8  the cooperative not later than the 45th day after the date on which
   39-9  the ballots are mailed favor reversal.
  39-10        (i)  The commission by rule shall prescribe the voting
  39-11  procedures a cooperative is required to use under this section.
  39-12        (j)  This section does not:
  39-13              (1)  prohibit a cooperative from filing for a new
  39-14  service or rate change under another applicable section of this
  39-15  Act; or
  39-16              (2)  affect the application of other provisions of this
  39-17  Act not directly related to ratemaking or the authority of the
  39-18  commission to require the cooperative to file reports as required
  39-19  under this  Act, Section 3.213(j) of this Act, or under the rules
  39-20  adopted by the commission.
  39-21        (k)  Notwithstanding any other provision of this section, the
  39-22  commission may conduct a review in accordance with Section 3.210 of
  39-23  this Act.
  39-24        SECTION 20.  Subtitle E, Title III, Public Utility Regulatory
  39-25  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  39-26  Regular Session, 1995, is amended by adding Section 3.219 to read
  39-27  as follows:
   40-1        Sec. 3.219.  INTRALATA CALLS.  (a)  Except as provided by
   40-2  Subsection (b) of this section, while any local exchange company in
   40-3  this state is prohibited by federal law from providing interLATA
   40-4  telecommunications services, the local exchange companies in this
   40-5  state designated or de facto authorized to receive "0+" and "1+"
   40-6  dialed intraLATA calls shall be exclusively designated or
   40-7  authorized to receive those calls.
   40-8        (b)  A telecommunications utility operating under a
   40-9  certificate of operating authority or service provider certificate
  40-10  of operating authority to the extent not restricted by Section
  40-11  3.2532(f) of this Act is de facto authorized to receive "0+" and
  40-12  "1+" dialed intraLATA calls on the date on which the utility
  40-13  receives its certificate.
  40-14        (c)  If local exchange companies are allowed by federal law
  40-15  to provide interLATA telecommunications services, the commission
  40-16  shall consider whether to allow customers to designate a carrier to
  40-17  receive their "0+" and "1+" dialed intraLATA calls.
  40-18        SECTION 21.  Section 3.251, Public Utility Regulatory Act of
  40-19  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  40-20  Session, 1995, is amended by adding Subsection (c) to read as
  40-21  follows:
  40-22        (c)  A person may not provide local exchange telephone
  40-23  service, basic local telecommunications service, or switched access
  40-24  service without a certificate of convenience and necessity, a
  40-25  certificate of operating authority, or a service provider
  40-26  certificate of operating authority.
  40-27        SECTION 22.  Section 3.252, Public Utility Regulatory Act of
   41-1  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   41-2  Session, 1995, is amended to read as follows:
   41-3        Sec. 3.252.  EXCEPTIONS <FOR EXTENSION OF SERVICE>.  (a)  A
   41-4  telecommunications <public> utility is not required to secure a
   41-5  certificate of public convenience and necessity, certificate of
   41-6  operating authority, or service provider certificate of operating
   41-7  authority for:
   41-8              (1)  an extension into territory contiguous to that
   41-9  already served by it and not receiving similar service from another
  41-10  telecommunications <public> utility and not within the certificated
  41-11  area <of public convenience and necessity> of another
  41-12  telecommunications utility <of the same kind>;
  41-13              (2)  an extension within or to territory already served
  41-14  by it or to be served by it under a certificate of public
  41-15  convenience and necessity, certificate of operating authority, or
  41-16  service provider certificate of operating authority; <or>
  41-17              (3)  operation, extension, or service in progress on
  41-18  September 1, 1975; or
  41-19              (4)  interexchange telecommunications service,
  41-20  non-switched private line service, shared tenant service,
  41-21  specialized communications common carrier service, commercial
  41-22  mobile service, or operator service as defined by Section 3.052(a)
  41-23  of this Act.
  41-24        (b)  Any extensions allowed by Subsection (a) of this section
  41-25  shall be limited to devices for interconnection of existing
  41-26  facilities or devices used solely for transmitting
  41-27  telecommunications <public> utility services from existing
   42-1  facilities to customers of retail utility service.
   42-2        SECTION 23.  Subtitle F, Title III, Public Utility Regulatory
   42-3  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   42-4  Regular Session, 1995, is amended by adding Section 3.2531 to read
   42-5  as follows:
   42-6        Sec. 3.2531.  CERTIFICATE OF OPERATING AUTHORITY.  (a)  In
   42-7  lieu of applying for a certificate of convenience and necessity, an
   42-8  applicant may apply for a certificate of operating authority.
   42-9        (b)  An application for a certificate of operating authority
  42-10  shall specify whether the applicant is seeking a facilities based
  42-11  certificate of operating authority under this section or a service
  42-12  provider certificate of operating authority under Section 3.2532.
  42-13  When an application for a certificate of operating authority or
  42-14  service provider certificate of operating authority is filed, the
  42-15  commission shall give notice of the application to interested
  42-16  parties and, if requested, shall fix a time and place for a hearing
  42-17  and give notice of the hearing.  Any person interested in the
  42-18  application may intervene at the hearing.
  42-19        (c)  If seeking a facilities based certificate of operating
  42-20  authority, the applicant must include in the application a proposed
  42-21  build-out plan demonstrating how the applicant will deploy its
  42-22  facilities throughout the geographic area of its certificated
  42-23  service area over a six-year period.  The commission may issue
  42-24  rules for a holder of a certificate of operating authority with
  42-25  respect to the time within which the holder must be able to serve
  42-26  customers, except that a holder must serve customers within a
  42-27  build-out area within 30 days of the date of a customer request for
   43-1  service.  The commission may not require a holder to place "drop"
   43-2  facilities on every customer's premises or to activate fiber optic
   43-3  facilities in advance of customer request as part of the build-out
   43-4  requirements.  The plan required by this subsection must meet the
   43-5  following conditions:
   43-6              (1)  10 percent of the area to be served must be served
   43-7  with facilities other than the facilities of the incumbent local
   43-8  exchange company by the end of the first year;
   43-9              (2)  50 percent of the area to be served must be served
  43-10  with facilities other than the facilities of the incumbent local
  43-11  exchange company by the end of the third year; and
  43-12              (3)  all of the area to be served must be served with
  43-13  facilities other than the facilities of the incumbent local
  43-14  exchange company by the end of the sixth year.
  43-15        (d)  The build-out plan may permit not more than 40 percent
  43-16  of the applicant's service area to be served by resale of the
  43-17  incumbent local exchange company's facilities under the tariff
  43-18  required to be approved in Section 3.453 of this Act, except that
  43-19  during the six years immediately following the grant, a holder of a
  43-20  certificate of operating authority may extend its service by resale
  43-21  only within the area it is obligated to serve under the build-out
  43-22  plan approved by the commission and to the distant premises of one
  43-23  of its multi-premises customers beyond that build-out area but
  43-24  within its certificated service area.  The 40-percent resale
  43-25  limitation applies to incumbent local exchange facilities resold by
  43-26  a holder of a certificate of operating authority as part of the
  43-27  provision of local exchange telephone service, regardless of
   44-1  whether the facilities are purchased directly by the certificate of
   44-2  operating authority holder from the incumbent local exchange
   44-3  company or purchased by an intermediary carrier from the incumbent
   44-4  local exchange company and then provided to the certificate of
   44-5  operating authority holder for resale.  In no event may an
   44-6  applicant use commercial mobile service to meet the build-out
   44-7  requirement imposed by this section, but an applicant may use PCS
   44-8  wireless technology licensed by the Federal Communications
   44-9  Commission after January 1, 1995, to meet the build-out
  44-10  requirement.
  44-11        (e)  A certificate of operating authority shall be granted
  44-12  within 60 days after the date of the application on a
  44-13  nondiscriminatory basis after consideration by the commission of
  44-14  factors such as the technical and financial qualifications of the
  44-15  applicant and the applicant's ability to meet the commission's
  44-16  quality of service requirements.  The commission may extend the
  44-17  60-day period on good cause shown.  In an exchange of an incumbent
  44-18  local exchange company serving fewer than 31,000 access lines, the
  44-19  commission shall also consider:
  44-20              (1)  the effect of granting the certificate on any
  44-21  public utility already serving the area and on the utility's
  44-22  customers;
  44-23              (2)  the existing utility's ability to provide adequate
  44-24  service at reasonable rates;
  44-25              (3)  the impact of the existing utility's ability as
  44-26  the provider of last resort; and
  44-27              (4)  the ability of the exchange, not the company, to
   45-1  support more than one provider of service.
   45-2        (f)  In addition to the factors prescribed by Subsection (e)
   45-3  of this section, the commission shall consider the adequacy of the
   45-4  applicant's build-out plan in determining whether to grant the
   45-5  application.  The commission may administratively and temporarily
   45-6  waive compliance with the six-year build-out plan on a showing of
   45-7  good cause.  The holder of a certificate shall file periodic
   45-8  reports with the commission demonstrating compliance with the plan
   45-9  approved by the commission, including the requirement that not more
  45-10  than 40 percent of the service area of a new certificate may be
  45-11  served by resale of the facilities of the incumbent local exchange
  45-12  company.
  45-13        (g)  An application for a certificate of operating authority
  45-14  may be granted only for an area or areas that are contiguous and
  45-15  reasonably compact and cover an area of at least 27 square miles,
  45-16  except that:
  45-17              (1)  in an exchange in a county having a population of
  45-18  less than 500,000 that is served by an incumbent local exchange
  45-19  company having more than 31,000 access lines, an area covering less
  45-20  than 27 square miles may be approved if the area is contiguous and
  45-21  reasonably compact and has at least 20,000 access lines; and
  45-22              (2)  in an exchange of a company serving fewer than
  45-23  31,000 access lines in this state, an application may be granted
  45-24  only for an area that has boundaries similar to the boundaries of
  45-25  the serving central office served by the incumbent local exchange
  45-26  company holding the certificate of convenience and necessity for
  45-27  that area.
   46-1        (h)  The commission may not, before September 1, 1998, grant
   46-2  a certificate of operating authority in an exchange of an incumbent
   46-3  local exchange company serving fewer than 31,000 access lines.  The
   46-4  commission shall require that the applicant meet the other
   46-5  appropriate certification provisions of this Act.
   46-6        (i)  Six years after an application for a certificate of
   46-7  operating authority has been granted for a particular area or areas
   46-8  or when the new applicant has completed its build-out plan required
   46-9  by this section, the commission may waive the build-out
  46-10  requirements of this section for additional applicants.
  46-11        (j)(1)  On an application filed after September 1, 1997, the
  46-12  commission may conduct a hearing to determine:
  46-13                    (A)  if the build-out requirements of Subsections
  46-14  (c), (d), and (g) of this section have created barriers to the
  46-15  entry of facilities based local exchange telephone service
  46-16  competition in exchanges in counties with a population of more than
  46-17  500,000 served by companies having more than 31,000 access lines;
  46-18  and
  46-19                    (B)  the effect of the resale provisions on the
  46-20  development of competition except in certificated areas of
  46-21  companies serving fewer than 31,000 access lines as provided by
  46-22  Section 3.2532(d)(1) of this Act.
  46-23              (2)  In making the determination under Subdivision (1)
  46-24  of this subsection, the commission shall consider:
  46-25                    (A)  the policy of this Act to encourage
  46-26  construction of local exchange networks;
  46-27                    (B)  the number and type of competitors that have
   47-1  sought to provide local exchange competition under the existing
   47-2  rules prescribed by this Act; and
   47-3                    (C)  whether, if new build-out and resale rules
   47-4  were adopted, innovative and competitive local exchange telephone
   47-5  services are more likely to be provided.
   47-6              (3)  If the commission determines that the existing
   47-7  build-out requirements have created barriers to facilities based
   47-8  local exchange competition in exchanges described by Subdivision
   47-9  (1)(A) of this subsection, the requirements of Subsections (c),
  47-10  (d), and (g) of this section and of Section 3.2532 may be changed
  47-11  if the changes will encourage additional facilities based
  47-12  competition.  However, in no event may exchange sizes be reduced
  47-13  below 12 square miles, or the permitted resale percentage of
  47-14  Subsection (d) of this section be increased to more than 50
  47-15  percent.  If new rules are adopted, the rules may apply only to
  47-16  applicants for certificates filed after the date of adoption of
  47-17  those rules.
  47-18        (k)  If the holder of a certificate of authority fails to
  47-19  comply with any requirement imposed by this Act, the commission
  47-20  may:
  47-21              (1)  revoke the certificate; or
  47-22              (2)  impose administrative penalties or take other
  47-23  action under Subtitle I, Title I, of this Act.
  47-24        SECTION 24.  Subtitle F, Title III, Public Utility Regulatory
  47-25  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  47-26  Regular Session, 1995, is amended by adding Section 3.2532 to read
  47-27  as follows:
   48-1        Sec. 3.2532.  SERVICE PROVIDER CERTIFICATE OF OPERATING
   48-2  AUTHORITY.  (a)  To encourage innovative, competitive, and
   48-3  entrepreneurial businesses to provide telecommunications services,
   48-4  the commission may grant service provider certificates of operating
   48-5  authority.  An applicant must demonstrate that it has the financial
   48-6  and technical ability to provide its services and show that the
   48-7  services will meet the requirements of this section.
   48-8        (b)  A company is eligible to obtain a service provider
   48-9  certificate of operating authority under this section unless the
  48-10  company, together with affiliates, had in excess of four percent of
  48-11  the total intrastate switched access minutes of use as measured by
  48-12  the most recent 12-month period preceding the filing of the
  48-13  application for which data is available.  The commission shall
  48-14  obtain from each applicable incumbent local exchange telephone
  48-15  company and from the applicant any information necessary to
  48-16  determine eligibility and shall certify eligibility within 10 days
  48-17  after the date of the filing of the application.  A service
  48-18  provider certificate of operating authority shall be granted within
  48-19  60 days after the date of the application on a nondiscriminatory
  48-20  basis after consideration by the commission of factors such as the
  48-21  technical and financial qualifications of the applicant and the
  48-22  applicant's ability to meet the commission's quality of service
  48-23  requirements.  The commission may extend the 60-day period on good
  48-24  cause shown.
  48-25        (c)  An applicant for a service provider certificate of
  48-26  operating authority shall file with its application a description
  48-27  of the services it will provide and show the areas in which it will
   49-1  provide those services.
   49-2        (d)  A service provider certificate of operating authority
   49-3  holder:
   49-4              (1)  may obtain services under the resale tariffs
   49-5  ordered by the commission as specified by Section 3.453 of this
   49-6  Act, except in certificated areas of companies serving fewer than
   49-7  31,000 access lines;
   49-8              (2)  may obtain for resale the monthly recurring flat
   49-9  rate local exchange telephone service and associated nonrecurring
  49-10  charges, including any mandatory extended area service, of an
  49-11  incumbent local exchange company at a five percent discount to the
  49-12  tariffed rate, and:
  49-13                    (A)  the incumbent local exchange company shall
  49-14  also sell any feature service that may be provided to customers in
  49-15  conjunction with local exchange service, including toll
  49-16  restriction, call control options, tone dialing, custom calling
  49-17  services, and caller ID at a five percent discount to the tariffed
  49-18  rate, including any associated nonrecurring charge for those
  49-19  services, provided that the incumbent local exchange company shall
  49-20  make available to a holder of a service provider certificate of
  49-21  operating authority at an additional five percent discount any
  49-22  discounts made available to the customers of the incumbent local
  49-23  exchange company who are similarly situated to the customers of the
  49-24  holder of the service provider certificate of operating authority;
  49-25                    (B)  service providers and incumbent local
  49-26  exchange companies may agree to rates lower than the tariffed rates
  49-27  or discounted rates;
   50-1                    (C)  the five percent discounts provided by this
   50-2  subdivision do not apply in exchanges of companies having fewer
   50-3  than 31,000 access lines in this state;
   50-4                    (D)  if the tariffed rates for the services being
   50-5  resold change, the changed rate is applicable to the resold
   50-6  service, but the commission may not, for holders of service
   50-7  provider certificates of operating authority, create a special
   50-8  class for purposes of resold services, and the discount provided to
   50-9  holders of service provider certificates of operating authority
  50-10  shall remain at five percent of the tariffed rate or discounted
  50-11  rate; and
  50-12                    (E)  the holder of a service provider certificate
  50-13  of operating authority may purchase for resale optional extended
  50-14  area service and expanded local calling service but those services
  50-15  may not be discounted;
  50-16              (3)  may sell the flat rate local exchange telephone
  50-17  service only to the same class of customers to which the incumbent
  50-18  local exchange company sells that service;
  50-19              (4)  may not use a resold flat rate local exchange
  50-20  telephone service to avoid the rates, terms, and conditions of an
  50-21  incumbent local exchange company's tariffs;
  50-22              (5)  may not terminate both flat rate local exchange
  50-23  telephone service and services obtained under the resale tariff
  50-24  approved as prescribed by Sections 3.453(a)-(c) of this Act on the
  50-25  same end user customer's premises;
  50-26              (6)  may not use resold flat rate local exchange
  50-27  telephone services to provide access services to other
   51-1  interexchange carriers, cellular carriers, competitive access
   51-2  providers, or other retail telecommunications providers, but may
   51-3  permit customers to use resold local exchange telephone services to
   51-4  access interexchange carriers, cellular carriers, competitive
   51-5  access providers, or other retail telecommunications providers;
   51-6              (7)  may obtain services offered by or negotiated with
   51-7  a holder of a certificate of convenience and necessity or
   51-8  certificate of operating authority; and
   51-9              (8)  may obtain for resale single or multiple line flat
  51-10  rate intraLATA calling service when provided by the local exchange
  51-11  company at the tariffed rate for online digital communications.
  51-12        (e)  The holder of a certificate of operating authority or
  51-13  certificate of convenience and necessity shall not be granted a
  51-14  service provider certificate of operating authority as to the same
  51-15  territory.  A holder of a service provider certificate of operating
  51-16  authority who applies for either a certificate of operating
  51-17  authority or a certificate of convenience and necessity as to the
  51-18  same territory must include a plan to relinquish its service
  51-19  provider certificate of operating authority.
  51-20        (f)  An incumbent local exchange company that sells flat rate
  51-21  local exchange telephone service to a holder of a service provider
  51-22  certificate of operating authority may retain all access service
  51-23  and "1+" intraLATA toll service originated over the resold flat
  51-24  rate local exchange telephone service.
  51-25        (g)  An incumbent local exchange company may not:
  51-26              (1)  delay provisioning or maintenance of services
  51-27  provided under this section;
   52-1              (2)  degrade the quality of access provided to another
   52-2  provider;
   52-3              (3)  impair the speed, quality, or efficiency of lines
   52-4  used by another provider;
   52-5              (4)  fail to fully disclose in a timely manner after a
   52-6  request for the disclosure all available information necessary for
   52-7  the holder of the service provider certificate of operating
   52-8  authority to provision resale services; or
   52-9              (5)  refuse to take any reasonable action to allow
  52-10  efficient access by a holder of a service provider certificate of
  52-11  operating authority to ordering, billing, or repair management
  52-12  systems of the local exchange company.
  52-13        (h)  In this section:
  52-14              (1)  "Affiliate" means any entity that, directly or
  52-15  indirectly, owns or controls, is owned or controlled by, or is
  52-16  under common ownership or control with a company that applies for a
  52-17  service provider certificate of operating authority under this
  52-18  section.
  52-19              (2)  "Control" means to exercise substantial influence
  52-20  over the policies and actions of another.
  52-21        SECTION 25.  Sections 3.255(a) and (b), Public Utility
  52-22  Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th
  52-23  Legislature, Regular Session, 1995, are amended to read as follows:
  52-24        (a)  If an area has been or shall be included within the
  52-25  boundaries of a city, town, or village as the result of annexation,
  52-26  incorporation, or otherwise, all telecommunications <public>
  52-27  utilities certified or entitled to certification under this Act to
   53-1  provide service or operate facilities in such area prior to the
   53-2  inclusion shall have the right to continue and extend service in
   53-3  its area of certification <public convenience and necessity> within
   53-4  the annexed or incorporated area, pursuant to the rights granted by
   53-5  its certificate and this Act.
   53-6        (b)  Notwithstanding any other provision of law, a
   53-7  certificated telecommunications <public> utility shall have the
   53-8  right to continue and extend service within its area of
   53-9  certification <public convenience and necessity> and to utilize the
  53-10  roads, streets, highways, alleys, and public property for the
  53-11  purpose of furnishing such retail utility service, subject to the
  53-12  authority of the governing body of a municipality to require any
  53-13  certificated telecommunications <public> utility, at its own
  53-14  expense, to relocate its facilities to permit the widening or
  53-15  straightening of streets by giving to the certificated
  53-16  telecommunications <public> utility 30 days' notice and specifying
  53-17  the new location for the facilities along the right-of-way of the
  53-18  street or streets.
  53-19        SECTION 26.  Sections 3.256 and 3.257, Public Utility
  53-20  Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th
  53-21  Legislature, Regular Session, 1995, are amended to read as follows:
  53-22        Sec. 3.256.  CONTRACTS VALID AND ENFORCEABLE.  Contracts
  53-23  between telecommunications <public> utilities designating areas to
  53-24  be served and customers to be served by those utilities, when
  53-25  approved by the commission, shall be valid and enforceable and
  53-26  shall be incorporated into the appropriate areas of certification
  53-27  <public convenience and necessity>.
   54-1        Sec. 3.257.  PRELIMINARY ORDER FOR CERTIFICATE.  If a
   54-2  telecommunications <public> utility desires to exercise a right or
   54-3  privilege under a franchise or permit which it contemplates
   54-4  securing but which has not as yet been granted to it, such
   54-5  telecommunications <public> utility may apply to the commission for
   54-6  an order preliminary to the issuance of the certificate.  The
   54-7  commission may thereupon make an order declaring that it will, on
   54-8  application, under such rules as it prescribes, issue the desired
   54-9  certificate on such terms and conditions as it designates, after
  54-10  the telecommunications <public> utility has obtained the
  54-11  contemplated franchise or permit.  On presentation to the
  54-12  commission of evidence satisfactory to it that the franchise or
  54-13  permit has been secured by the telecommunications <public> utility,
  54-14  the commission shall issue the certificate.
  54-15        SECTION 27.  Subtitle F, Title III, Public Utility Regulatory
  54-16  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  54-17  Regular Session, 1995, is amended by adding Section 3.2555 to read
  54-18  as follows:
  54-19        Sec. 3.2555.  DISCRIMINATION.  (a)  An applicant for a
  54-20  certificate of operating authority or service provider certificate
  54-21  of operating authority shall file with its application a sworn
  54-22  statement that it has applied for any necessary municipal consent,
  54-23  franchise, or permit required for the type of services and
  54-24  facilities for which it has applied.  Notwithstanding Section 1.103
  54-25  of this Act, a municipality may not discriminate against a
  54-26  telecommunications utility in relation to:
  54-27              (1)  the authorization or placement of
   55-1  telecommunications facilities within public right-of-way;
   55-2              (2)  access to buildings; or
   55-3              (3)  municipal utility pole attachment rates, terms,
   55-4  and conditions, to the extent not addressed by federal law.
   55-5        (b)  A public or private property owner may not:
   55-6              (1)  interfere with or prevent a telecommunications
   55-7  utility that holds a certificate of convenience and necessity or
   55-8  certificate of operating authority from installing on the owner's
   55-9  property telecommunications services facilities requested by a
  55-10  tenant;
  55-11              (2)  discriminate against one or more
  55-12  telecommunications utilities holding certificates of convenience
  55-13  and necessity or certificates of operating authority in relation to
  55-14  the installation of telecommunications services facilities to a
  55-15  tenant on the owner's property;
  55-16              (3)  demand or accept an inappropriate payment in any
  55-17  form from a tenant or a telecommunications utility holding a
  55-18  certificate of convenience and necessity or certificate of
  55-19  operating authority for allowing the utility on or within the
  55-20  owner's property; or
  55-21              (4)  discriminate against a tenant in any manner,
  55-22  including rental charges, because of the telecommunications utility
  55-23  from which the tenant receives telecommunications services.
  55-24        (c)  Notwithstanding Subsection (b) of this section, the
  55-25  owner of public or private property may require that:
  55-26              (1)  the telecommunications utility:
  55-27                    (A)  install the telecommunications facilities in
   56-1  accordance with reasonable conditions necessary to protect the
   56-2  safety, functioning, and appearance of the property and the
   56-3  well-being of other tenants; and
   56-4                    (B)  agree to indemnify the owner for any damage
   56-5  caused by the installation, operation, or removal of the
   56-6  facilities; and
   56-7              (2)  the tenant or the telecommunications utility bear
   56-8  the entire cost of the installation, operation, or removal of the
   56-9  facilities.
  56-10        (d)  Notwithstanding any other provision of law, the
  56-11  commission has the jurisdiction necessary to:
  56-12              (1)  investigate a complaint relating to a violation of
  56-13  this section, including a complaint relating to the conduct of a
  56-14  municipality; and
  56-15              (2)  enforce this section.
  56-16        (e)  Notwithstanding any other provision contained in this
  56-17  Act, any existing authority of a municipality to require permits,
  56-18  fees, franchises, and consents from telecommunications utilities
  56-19  for the use of the public streets, alleys, and rights-of-way and to
  56-20  require contracts, leases, agreements, and easements for the use of
  56-21  other public property is unaffected by this Act.
  56-22        SECTION 28.  Subtitle F, Title III, Public Utility Regulatory
  56-23  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  56-24  Regular Session, 1995, is amended by adding Section 3.2571 to read
  56-25  as follows:
  56-26        Sec. 3.2571.  FLEXIBILITY PLAN.  After an application for a
  56-27  certificate of convenience and necessity, certificate of operating
   57-1  authority, or service provider certificate of operating authority
   57-2  is granted or the commission determines that a certificate is not
   57-3  needed for the services to be provided by the applicant, the
   57-4  commission shall conduct proceedings it determines appropriate to
   57-5  establish a transitional flexibility plan for the incumbent local
   57-6  exchange company in the same area or areas as the new certificate
   57-7  holder.  However, a basic local telecommunications service price of
   57-8  the incumbent local exchange company may not be increased until
   57-9  four years following the grant of the certificate to the applicant,
  57-10  except:
  57-11              (1)  as provided by this Act; or
  57-12              (2)  when the new applicant has completed its build-out
  57-13  plan required by Section 3.2531.
  57-14        SECTION 29.  Subtitle F, Title III, Public Utility Regulatory
  57-15  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  57-16  Regular Session, 1995, is amended by adding Section 3.2572 to read
  57-17  as follows:
  57-18        Sec. 3.2572.  MARKET POWER TEST.  (a)  Notwithstanding any
  57-19  other provision of this Act, on notice and hearing, the commission
  57-20  may grant price deregulation of a specific service in a particular
  57-21  geographic market if the commission determines that the incumbent
  57-22  local exchange company or certificate of operating authority holder
  57-23  that is a dominant provider is no longer dominant as to that
  57-24  specific service in that particular geographic market.  For
  57-25  purposes of this section only, in determining a particular
  57-26  geographic market, the commission shall consider economic and
  57-27  technical conditions of the market.  Once a service in a particular
   58-1  market is price-deregulated under this section, the incumbent local
   58-2  exchange company or certificate of operating authority holder that
   58-3  is a dominant provider may set the rate for the deregulated service
   58-4  at any level above the service's LRIC.
   58-5        (b)  To determine that an incumbent local exchange company or
   58-6  certificate of operating authority holder that is a dominant
   58-7  provider is no longer dominant as to a specific service in a
   58-8  particular geographic market, the commission must find that an
   58-9  effective competitive alternative exists and that the incumbent
  58-10  local exchange company or certificate of operating authority holder
  58-11  that is a dominant provider does not have sufficient market power
  58-12  to control the price of the service within a specified geographic
  58-13  area in a manner that is adverse to the public interest.
  58-14        (c)  The commission shall consider the following factors in
  58-15  determining whether the incumbent local exchange company or
  58-16  certificate of operating authority holder that is a dominant
  58-17  provider is dominant as to a specific service in a particular
  58-18  geographic area:
  58-19              (1)  number and size of telecommunications utilities or
  58-20  other persons providing the same, equivalent, or substitutable
  58-21  service in the relevant market and the extent to which the service
  58-22  is available in the relevant market;
  58-23              (2)  ability of customers in the relevant market to
  58-24  obtain the same, equivalent, or substitutable service at comparable
  58-25  rates, terms, and conditions;
  58-26              (3)  ability of telecommunications utilities or other
  58-27  persons to make the same, equivalent, or substitutable service
   59-1  readily available in the relevant market at comparable rates,
   59-2  terms, and conditions;
   59-3              (4)  proportion of the relevant market that is
   59-4  currently being provided the service by a telecommunications
   59-5  utility other than the incumbent local exchange company or
   59-6  certificate of operating authority holder that is a dominant
   59-7  carrier; and
   59-8              (5)  other relevant information deemed necessary by the
   59-9  commission.
  59-10        (d)  The commission, on its own motion, or on a complaint
  59-11  that the commission deems has merit, is granted all necessary power
  59-12  and authority to assert or reassert regulation over a specific
  59-13  service in a particular geographic market if the incumbent local
  59-14  exchange company or certificate of operating authority holder that
  59-15  is a dominant carrier is found to again be dominant or the provider
  59-16  of services under a certificate of operating authority or service
  59-17  provider certificate of operating authority is found to be dominant
  59-18  as to that specific service in that particular geographic market.
  59-19        (e)  On request of an incumbent local exchange company or
  59-20  certificate of operating authority holder that is a dominant
  59-21  carrier in conjunction with an application under this section, the
  59-22  commission shall conduct investigations to determine the existence,
  59-23  impact, and scope of competition in the particular geographic and
  59-24  service markets at issue and in connection therewith may call and
  59-25  hold hearings, may issue subpoenas to compel the attendance of
  59-26  witnesses and the production of papers and documents, has any other
  59-27  powers, whether specifically designated or implied, necessary and
   60-1  convenient to the investigation, and may make findings of fact and
   60-2  decisions with respect to those markets.
   60-3        (f)  The parties to the proceeding shall be entitled to use
   60-4  the results of the investigation required to be conducted under
   60-5  Subsection (e) of this section in an application for pricing
   60-6  flexibility.
   60-7        (g)  In conjunction with its authority to collect and compile
   60-8  information, the commission may collect reports from a holder of a
   60-9  certificate of operating authority or service provider certificate
  60-10  of operating authority.  Any information contained in the reports
  60-11  claimed to be confidential for competitive purposes shall be
  60-12  maintained as confidential by the commission, and the information
  60-13  is exempt from disclosure under Chapter 552, Government Code.  The
  60-14  commission shall aggregate the information to the maximum extent
  60-15  possible considering the purpose of the proceeding to protect the
  60-16  confidential nature of the information.
  60-17        SECTION 30.  Section 3.258(a), Public Utility Regulatory Act
  60-18  of 1995, as enacted by S.B.  319, Acts of the 74th Legislature,
  60-19  Regular Session, 1995, is amended to read as follows:
  60-20        (a)  Except as provided by this section, <or> Section 3.259,
  60-21  or Section 3.2595 of this Act, a telecommunications utility that is
  60-22  granted a certificate of convenience and necessity or certificate
  60-23  of operating authority shall be required to offer to any customer
  60-24  in its certificated area all basic local telecommunications
  60-25  services <the holder of any certificate of public convenience and
  60-26  necessity shall serve every consumer within its certified area> and
  60-27  shall render continuous and adequate service within the area or
   61-1  areas.  In any event, as between a holder of a certificate of
   61-2  convenience and necessity and a holder of a certificate of
   61-3  operating authority, the holder of the certificate of convenience
   61-4  and necessity has provider of last resort obligations.
   61-5        SECTION 31.  Section 3.259, Public Utility Regulatory Act of
   61-6  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   61-7  Session, 1995, is amended to read as follows:
   61-8        Sec. 3.259.  CONDITIONS REQUIRING REFUSAL OF SERVICE.  The
   61-9  holder of a certificate of public convenience and necessity,
  61-10  certificate of operating authority, or service provider certificate
  61-11  of operating authority shall refuse to serve a customer within its
  61-12  certified area if the holder of the certificate is prohibited from
  61-13  providing the service under Section 212.012 or 232.0047, Local
  61-14  Government Code.
  61-15        SECTION 32.  Subtitle F, Title III, Public Utility Regulatory
  61-16  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  61-17  Regular Session, 1995, is amended by adding Section 3.2595 to read
  61-18  as follows:
  61-19        Sec. 3.2595.  DISCONTINUATION OF SERVICE.  (a)
  61-20  Notwithstanding Section 3.258 of this Act, a telecommunications
  61-21  utility that holds a certificate of operating authority or service
  61-22  provider certificate of operating authority may:
  61-23              (1)  discontinue an optional service that is not
  61-24  essential to the provision of basic local telecommunications
  61-25  service; or
  61-26              (2)  cease operations within its certificated area.
  61-27        (b)  Before such telecommunications utility discontinues an
   62-1  optional service or ceases operations, the utility must provide
   62-2  notice of the intended action to the commission and each affected
   62-3  customer in the manner required by the commission.
   62-4        (c)  Such telecommunications utility is entitled to
   62-5  discontinue an optional service on or after the 61st day after the
   62-6  date on which the utility provides the notice required by
   62-7  Subsection (b) of this section.
   62-8        (d)  Such telecommunications utility may not cease operations
   62-9  within its certificated area unless:
  62-10              (1)  another provider of basic local telecommunications
  62-11  services has adequate facilities and capacity to serve the
  62-12  customers in the certificated area; and
  62-13              (2)  the commission authorizes the utility to cease
  62-14  operations.
  62-15        (e)  The commission may not authorize such telecommunications
  62-16  utility to cease operations under Subsection (d) of this section
  62-17  before the 61st day after the date on which the utility provides
  62-18  the notice required by Subsection (b) of this section.  The
  62-19  commission may enter an order under this subsection
  62-20  administratively unless the commission receives a complaint from an
  62-21  affected person.
  62-22        SECTION 33.  Section 3.260, Public Utility Regulatory Act of
  62-23  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  62-24  Session, 1995, is amended to read as follows:
  62-25        Sec. 3.260.  SALE, ASSIGNMENT, OR LEASE OF CERTIFICATE.  If
  62-26  the commission determines that a purchaser, assignee, or lessee is
  62-27  capable of rendering adequate service, a telecommunications
   63-1  <public> utility may sell, assign, or lease a certificate of public
   63-2  convenience and necessity or certificate of operating authority or
   63-3  any rights obtained under the certificate.  The sale, assignment,
   63-4  or lease shall be on the conditions prescribed by the commission.
   63-5        SECTION 34.  Section 3.261, Public Utility Regulatory Act of
   63-6  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   63-7  Session, 1995, is amended to read as follows:
   63-8        Sec. 3.261.  INTERFERENCE WITH OTHER TELECOMMUNICATIONS
   63-9  <PUBLIC> UTILITY.  If a telecommunications <public> utility in
  63-10  constructing or extending its lines, plant, or system interferes or
  63-11  attempts to interfere with the operation of a line, plant, or
  63-12  system of any other utility, the commission may issue an order
  63-13  prohibiting the construction or extension or prescribing terms and
  63-14  conditions for locating the lines, plants, or systems affected.
  63-15        SECTION 35.  Subtitle F, Title III, Public Utility Regulatory
  63-16  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  63-17  Regular Session, 1995, is amended by adding Section 3.2615 to read
  63-18  as follows:
  63-19        Sec. 3.2615.  DIRECTORY LISTINGS AND ASSISTANCE.  (a)
  63-20  Companies providing local exchange telephone service shall
  63-21  negotiate the terms and conditions of printed directory listings
  63-22  and directory assistance within overlapping certificated areas.
  63-23        (b)  On complaint by the incumbent local exchange company or
  63-24  the holder of the certificate of convenience and necessity,
  63-25  certificate of operating authority, or service provider certificate
  63-26  of operating authority, the commission may resolve disputes between
  63-27  the parties and, if necessary, issue an order setting the terms and
   64-1  conditions of the directory listings or directory assistance.
   64-2        (c)  This section does not affect the authority of an
   64-3  incumbent local exchange company to voluntarily conduct
   64-4  negotiations with an applicant for a certificate of convenience and
   64-5  necessity, certificate of operating authority, or service provider
   64-6  certificate of operating authority.
   64-7        SECTION 36.  Section 3.262, Public Utility Regulatory Act of
   64-8  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   64-9  Session, 1995, is amended to read as follows:
  64-10        Sec. 3.262.  IMPROVEMENTS IN SERVICE; INTERCONNECTING
  64-11  SERVICE; EXTENDED AREA TOLL-FREE TELEPHONE SERVICE.  (a)  After
  64-12  notice and hearing, the commission may:
  64-13              (1)  order a public utility to provide specified
  64-14  improvements in its service in a defined area, if service in such
  64-15  area is inadequate or is substantially inferior to service in a
  64-16  comparable area and it is reasonable to require the company to
  64-17  provide such improved service;
  64-18              (2)  order two or more utilities to establish specified
  64-19  facilities for the interconnecting service; <and>
  64-20              (3)  order a telephone company or telephone companies
  64-21  to provide extended area toll-free service within a specified
  64-22  metropolitan area where there is a sufficient community of interest
  64-23  within the area and such service can reasonably be provided; and
  64-24              (4)  order one or more telephone companies to provide
  64-25  optional extended area service within a specified calling area if
  64-26  provision of the service is jointly agreed to by the
  64-27  representatives of each affected telephone company and the
   65-1  representatives of a political subdivision or subdivisions within
   65-2  the proposed common calling area, provided that the proposed common
   65-3  calling area has a single, continuous boundary.
   65-4        (b)  If more than one political subdivision is affected by a
   65-5  proposed optional calling plan under Subsection (a)(4) of this
   65-6  section, the agreement of each political subdivision is not
   65-7  required.  The commission may not adopt rules that diminish in any
   65-8  manner the ability of a political subdivision or affected telephone
   65-9  company to enter into joint agreements for optional extended area
  65-10  calling service.  In this subsection and in Subsection (a)(4) of
  65-11  this section, "political subdivision" means a county or
  65-12  municipality or an unincorporated town or village that has 275 or
  65-13  more access lines.
  65-14        SECTION 37.  Subtitle F, Title III, Public Utility Regulatory
  65-15  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  65-16  Regular Session, 1995, is amended by adding Section 3.2625 to read
  65-17  as follows:
  65-18        Sec. 3.2625.  PAY TELEPHONES.  (a)  The right of a provider
  65-19  of pay telephone service to set the provider's rates and charges
  65-20  and the commission's authority over the pay telephone service rates
  65-21  of incumbent local exchange companies is expressly limited by this
  65-22  section.
  65-23        (b)  A provider of pay telephone service may not impose on
  65-24  pay phone end users any charge for local directory assistance or
  65-25  calls made under Chapter 771 or 772, Health and Safety Code.
  65-26        (c)  A provider of pay telephone service may not charge end
  65-27  users more than 25 cents for each five minutes, or increment of
   66-1  five minutes, of a pay telephone coin sent-paid call within the
   66-2  local exchange company's toll-free local calling area; provided
   66-3  that the total charge for the local call may not exceed the maximum
   66-4  amount allowed by Section 3.306 of this Act.  This subsection does
   66-5  not prohibit the commission from establishing  a higher charge for
   66-6  each five minutes of use or increment of five minutes,  following
   66-7  the completion of the proceeding provided by Section 3.457 of this
   66-8  Act.  Notwithstanding a limit established by this subsection, the
   66-9  commission may establish a limit on the access charge that may be
  66-10  imposed for a local credit card, collect, or operator-handled call,
  66-11  provided that the charge may not exceed 75 cents.
  66-12        (d)  A provider of pay telephone service may impose a set use
  66-13  fee not exceeding 25 cents at the point at which the call is
  66-14  initiated for each "1-800" type call made from a pay telephone,
  66-15  provided that:
  66-16              (1)  except for pay telephones of local exchange
  66-17  companies, the pay telephone is registered with the commission and
  66-18  the provider certifies that the pay telephone is in compliance with
  66-19  commission rules regarding the provision of pay telephone service;
  66-20              (2)  the imposition of the set use fee is not
  66-21  inconsistent with federal law;
  66-22              (3)  the fee is not imposed for any local call, 9-1-1
  66-23  call, or local directory assistance call;
  66-24              (4)  the fee is not imposed for a call that is covered
  66-25  by the Telephone Operator Consumer Services Improvement Act of 1990
  66-26  (47 U.S.C. Section 226);
  66-27              (5)  the pay telephone service provider causes to be
   67-1  posted on each pay telephone instrument, in plain sight of the user
   67-2  and in a manner consistent with existing commission requirements
   67-3  for posting information, the fact that the surcharge will apply to
   67-4  those calls; and
   67-5              (6)  the commission may not impose on a local exchange
   67-6  company the duty or obligation to record the use of pay telephone
   67-7  service, bill or collect for the use, or remit the fee provided by
   67-8  this subsection to the provider of the service.
   67-9        (e)  A provider of pay telephone service, other than an
  67-10  incumbent local exchange company, may not charge for credit card,
  67-11  calling card, or live or automated operator-handled calls a rate or
  67-12  charge that is an amount greater than the authorized rates and
  67-13  charges published, in the eight newspapers having the largest
  67-14  circulation in this state, on March 18, 1995, provided that the pay
  67-15  phone rates of an incumbent local exchange company subject to
  67-16  Subtitle H of this title are governed by that subtitle.  The
  67-17  published rates remain in effect until changed by the legislature.
  67-18        (f)  The commission shall adopt rules within 180 days from
  67-19  the effective date of this section that require every provider of
  67-20  pay telephone service not holding a certificate of convenience and
  67-21  necessity to register with the commission.  A provider of pay
  67-22  telephone service must be registered  with  the commission in order
  67-23  to do business in this state.
  67-24        (g)  The commission may order disconnection of service for up
  67-25  to one year for repeat violations of commission rules.
  67-26        (h)  The commission may adopt rules regarding information to
  67-27  be posted on pay telephone instruments, but those rules may not
   68-1  require a provider of pay telephone service or an affiliate of a
   68-2  provider to police the compliance  with those rules by another
   68-3  provider of pay telephone service.
   68-4        (i)  In this section, "provider of pay telephone service"
   68-5  means a subscriber to customer-owned pay telephone service, an
   68-6  incumbent local exchange company providing pay telephone service,
   68-7  and any other entity providing pay telephone service.
   68-8        SECTION 38.  Section 3.263(a), Public Utility Regulatory Act
   68-9  of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  68-10  Regular Session, 1995, is amended to read as follows:
  68-11        (a)  The commission at any time after notice and hearing may
  68-12  revoke or amend any certificate of convenience and necessity,
  68-13  certificate of operating authority, or service provider certificate
  68-14  of operating authority if it finds that the certificate holder has
  68-15  never provided or is no longer providing service in the area or
  68-16  part of the area covered by the certificate.
  68-17        SECTION 39.  Section 3.302, Public Utility Regulatory Act of
  68-18  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  68-19  Session, 1995, is amended by adding Subsection (i) to read as
  68-20  follows:
  68-21        (i)  A commercial mobile service provider may offer caller
  68-22  identification services under the same terms and conditions
  68-23  provided by Subsections (c)-(f) of this section.
  68-24        SECTION 40.  Section 3.303, Public Utility Regulatory Act of
  68-25  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  68-26  Session, 1995, is amended to read as follows:
  68-27        Sec. 3.303.  INTEREXCHANGE SERVICES; INCUMBENT LOCAL EXCHANGE
   69-1  COMPANIES' RATES.  Incumbent local <Local> exchange companies'
   69-2  rates for interexchange telecommunications services must be
   69-3  statewide average rates unless the commission on application and
   69-4  hearing orders otherwise.  Nothing in this section limits an
   69-5  incumbent <a> local exchange company's ability to enter into
   69-6  contracts for high speed private line services of 1.544 megabits or
   69-7  greater under the provisions of Section 3.051 of this Act.
   69-8        SECTION 41.  Sections 3.304(a) and (b), Public Utility
   69-9  Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th
  69-10  Legislature, Regular Session, 1995, are amended to read as follows:
  69-11        (a)  To address telephone calling needs between nearby
  69-12  telephone exchanges, the commission shall initiate a rulemaking
  69-13  proceeding to approve rules to provide for an expedited hearing to
  69-14  allow the expanding of toll-free calling areas according to the
  69-15  following criteria:
  69-16              (1)  Toll-free calling boundaries may only be expanded
  69-17  under this section after the filing of a petition signed by the
  69-18  lesser of five percent of the subscribers or 100 subscribers within
  69-19  an exchange.  If such a petition is filed with the commission, the
  69-20  commission shall order the incumbent local exchange company to
  69-21  provide for the balloting of its subscribers within the petitioning
  69-22  exchange and, if there is an affirmative vote of at least 70
  69-23  percent of those responding, the commission shall consider the
  69-24  request.
  69-25              (2)  The commission shall provide for the expansion of
  69-26  toll-free calling areas for each incumbent local exchange customer
  69-27  in the petitioning exchange if the petitioning exchange serves not
   70-1  more than 10,000 lines and if:
   70-2                    (A)  the central switching office of the
   70-3  petitioning exchange is located within 22 miles utilizing vertical
   70-4  and horizontal geographic coordinates of the central switching
   70-5  office of the exchange requested for toll-free calling service; or
   70-6                    (B)  the petitioning exchange shall demonstrate
   70-7  in its petition that it shares a community of interest with the
   70-8  exchange requested for toll-free calling service.  For purposes of
   70-9  this paragraph, "community of interest" includes areas that have a
  70-10  relationship because of schools, hospitals, local governments,
  70-11  business centers, and other relationships the unavailability of
  70-12  which would cause a hardship to the residents of the area but shall
  70-13  <need> not include an area where the affected central offices are
  70-14  more than 50 miles apart.
  70-15              (3)(A)  The incumbent local exchange company shall
  70-16  recover all of its costs incurred and all loss of revenue from any
  70-17  expansion of toll-free calling areas under this section through a
  70-18  request other than a revenue requirement showing by:
  70-19                          (i)  a monthly fee for toll-free calling
  70-20  service of not more than $3.50 per line for residential customers
  70-21  nor more than $7 per line for business customers for up to five
  70-22  exchanges, together with an additional monthly fee of $1.50 per
  70-23  line for each exchange in excess of five, whether obtained in one
  70-24  or more petitions, to be collected from all such residential or
  70-25  business customers in the petitioning exchange and only until the
  70-26  incumbent local exchange company's next general rate case;
  70-27                          (ii)  a monthly fee for toll-free calling
   71-1  service for all of the incumbent local exchange company's local
   71-2  exchange service customers in the state in addition to the
   71-3  company's current local exchange rates; or
   71-4                          (iii)  both (i) and (ii).
   71-5                    (B)  An incumbent <A> local exchange company may
   71-6  not recover regulatory case expenses under this section by
   71-7  surcharging petitioning exchange subscribers.
   71-8        (b)(1)  The commission and an incumbent <a> local exchange
   71-9  company are not required to comply with this section with regard to
  71-10  a petitioning exchange or petitioned exchange if:
  71-11                    (A)  the commission determines that there has
  71-12  been a good and sufficient showing of a geographic or technological
  71-13  infeasibility to serve the area;
  71-14                    (B)  the incumbent local exchange company has
  71-15  less than 10,000 lines;
  71-16                    (C)  the petitioning or petitioned exchange is
  71-17  served by a cooperative;
  71-18                    (D)  extended area service or extended
  71-19  metropolitan service is currently available between the petitioning
  71-20  and petitioned exchanges; or
  71-21                    (E)  the petitioning or petitioned exchange is a
  71-22  metropolitan exchange.
  71-23              (2)  The commission may expand the toll-free calling
  71-24  area into an exchange not within a metropolitan exchange but within
  71-25  the local calling area contiguous to a metropolitan exchange that
  71-26  the commission determines to have a community of interest
  71-27  relationship with the petitioning exchange.  For the purposes of
   72-1  this section, metropolitan exchange, local calling area of a
   72-2  metropolitan exchange, and exchange have the meanings and
   72-3  boundaries as defined and approved by the commission on September
   72-4  1, 1993.  However, under no circumstances shall a petitioning or
   72-5  petitioned exchange be split in the provision of a toll-free
   72-6  calling area.
   72-7        SECTION 42.  Subtitle G, Title III, Public Utility Regulatory
   72-8  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   72-9  Regular Session, 1995, is amended by adding Section 3.308 to read
  72-10  as follows:
  72-11        Sec. 3.308.  CHARGE FOR EXTENDED AREA SERVICE.  (a)  An
  72-12  incumbent local exchange company serving more than one million
  72-13  access lines in this state that provides mandatory two-way extended
  72-14  area service to customers for a separately stated monthly charge of
  72-15  more than $3.50 per line for residential customers and $7 per line
  72-16  for business customers shall file with the commission to reduce its
  72-17  monthly rates for that extended area service to $3.50 per line for
  72-18  residential customers and $7 per line for business customers.  The
  72-19  incumbent local exchange company shall recover all of its costs
  72-20  incurred and all loss of revenue that results from implementation
  72-21  of those rates in the manner prescribed by Section
  72-22  3.304(a)(3)(A)(ii) of this Act.
  72-23        (b)  The commission and an incumbent local exchange company
  72-24  are not required to comply with this section with regard to the
  72-25  separately stated monthly charges for the provision of mandatory
  72-26  two-way extended area service if the charge is for extended area
  72-27  service in or into a metropolitan exchange or the charge is for
   73-1  extended metropolitan service.
   73-2        SECTION 43.  (a)  Subtitle G, Title III, Public Utility
   73-3  Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th
   73-4  Legislature, Regular Session, 1995, is amended by adding Section
   73-5  3.309 to read as follows:
   73-6        Sec. 3.309.  (a)  A private for-profit publisher of a
   73-7  residential telephone directory that is distributed to the public
   73-8  at minimal or no cost shall include in the directory a listing of
   73-9  any toll-free and local telephone numbers of state agencies and
  73-10  state public services and of each state elected official who
  73-11  represents all or part of the geographical area for which the
  73-12  directory contains listings.
  73-13        (b)  The listing required by this section must be clearly
  73-14  identified and must be located or clearly referenced at the front
  73-15  of the directory before the main listing of residential and
  73-16  business telephone numbers.  The listing is not required to exceed
  73-17  a length equivalent to two 8-1/2-inch by 11-inch pages,
  73-18  single-spaced in eight-point type.
  73-19        (c)  The commission may adopt rules to implement this
  73-20  section, including rules specifying the format of the listing and
  73-21  criteria for inclusion of agencies, services, and officials.  The
  73-22  commission, with the cooperation of other state agencies, shall
  73-23  compile relevant information to ensure accuracy of information in
  73-24  the listing and shall provide the information to a
  73-25  telecommunications utility or telephone directory publisher within
  73-26  a reasonable time after a request by the utility or publisher.
  73-27        (b)  This section takes effect September 1, 1995, and applies
   74-1  only to a telephone directory published on or after September 1,
   74-2  1996.
   74-3        SECTION 44.  Subtitle G, Title III, Public Utility Regulatory
   74-4  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   74-5  Regular Session, 1995, is amended by adding Section 3.310 to read
   74-6  as follows:
   74-7        Sec. 3.310.   A telecommunications utility or an affiliate of
   74-8  that utility that publishes a residential or business telephone
   74-9  directory that is distributed to the public shall publish the name
  74-10  of each state senator or representative who represents all or part
  74-11  of the geographical area for which the directory contains listings.
  74-12        SECTION 45.  Subtitle G, Title III, Public Utility Regulatory
  74-13  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  74-14  Regular Session, 1995, is amended by adding Section 3.311 to read
  74-15  as follows:
  74-16        Sec. 3.311.  ROLLOVER OR HUNTING LINE SERVICE.  A local
  74-17  exchange company must make available, at reasonable cost to the
  74-18  consumer and at a tariffed rate, rollover or hunting line service
  74-19  between foreign exchange service lines or extended metro lines and
  74-20  local dialing service lines.   The consumer may not be required to
  74-21  purchase additional foreign exchange service lines or extended
  74-22  metro lines in order to receive the rollover or hunting line
  74-23  service.
  74-24        SECTION 46.  The Public Utility Regulatory Act of 1995, as
  74-25  enacted by S.B. 319, Acts of the 74th Legislature, Regular Session,
  74-26  1995, is amended by amending Subtitles H and I and adding Subtitles
  74-27  J-O to read as follows:
   75-1        SUBTITLE H.  INCENTIVE REGULATION OF TELECOMMUNICATIONS
   75-2        Sec. 3.351.  POLICY.  Given the current status of competition
   75-3  in the telecommunications industry, it is the policy of the
   75-4  legislature to:
   75-5              (1)  provide a framework for an orderly transition from
   75-6  traditional return on invested capital regulation to a fully
   75-7  competitive telecommunications marketplace where all
   75-8  telecommunications providers compete on fair terms;
   75-9              (2)  preserve and enhance universal telecommunications
  75-10  service at affordable rates;
  75-11              (3)  upgrade the telecommunications infrastructure of
  75-12  this state;
  75-13              (4)  promote network interconnectivity; and
  75-14              (5)  promote diversity in the supply of
  75-15  telecommunications services and innovative products and services
  75-16  throughout the entire state, both urban and rural.
  75-17        Sec. 3.352.  ELECTION AND BASKETS OF SERVICES.  (a)  After
  75-18  the enactment of this subtitle, an incumbent local exchange company
  75-19  may notify the commission in writing of the company's election to
  75-20  be regulated under this subtitle.  The notice must state the
  75-21  company's commitment to limit any increase in the rates charged for
  75-22  a four-year period for the services included in Section 3.353 of
  75-23  this Act and its infrastructure commitment as described by Section
  75-24  3.358 of this Act.
  75-25        (b)(1)  The services provided by an incumbent local exchange
  75-26  company electing incentive regulation under this subtitle
  75-27  ("electing company") shall be initially classified into three
   76-1  categories or "baskets":
   76-2                    (A)  "Basket I: basic network services";
   76-3                    (B)  "Basket II: discretionary services"; and
   76-4                    (C)  "Basket III: competitive services."
   76-5              (2)  The commission shall have the authority to
   76-6  reclassify a service from Basket I to Basket II or Basket III, or
   76-7  from Basket II to Basket III, consistent with the criteria
   76-8  prescribed by Section 3.357 of this Act.
   76-9        (c)  An electing company's telecommunications services shall
  76-10  be regulated under this subtitle regardless of whether that company
  76-11  is a "dominant carrier" as that term is defined by Section 3.002 of
  76-12  this Act.
  76-13        (d)  If, subsequent to the enactment of this subtitle, an
  76-14  incumbent local exchange company notifies the commission in writing
  76-15  of its election to incentive regulation under this subtitle, the
  76-16  company may not under any  circumstances be subject to any
  76-17  complaint, hearing, or determination as to the reasonableness of
  76-18  its rates, its overall revenues, its return on invested capital, or
  76-19  its net income.  However, the company's implementation and
  76-20  enforcement of the competitive safeguards required by Subtitle J of
  76-21  this title are not excluded from a complaint, hearing, or
  76-22  determination.  Nothing herein restricts any consumer's right to
  76-23  complain to the commission regarding quality of service, the
  76-24  commission's right to enforce quality of service standards, or the
  76-25  consumer's right to complain regarding the application of an
  76-26  ambiguous tariff, and if the commission finds an ambiguity, the
  76-27  commission's right to determine the proper application of the
   77-1  tariff or to determine the proper rate if the tariff is found to
   77-2  not apply, but this does not permit the commission to lower a
   77-3  tariff rate except as specifically provided by this Act, to change
   77-4  its interpretation of a tariff, or to change a tariff so as to
   77-5  extend its application to new classes of customers.
   77-6        Sec. 3.353.  BASKET I:  BASIC NETWORK SERVICES.  (a)  The
   77-7  following services shall initially be classified as basic network
   77-8  services in Basket I as of September 1, 1995:
   77-9              (1)  flat rate residential and business local exchange
  77-10  telephone service, including primary directory listings and the
  77-11  receipt of a directory and any applicable mileage or zone charges;
  77-12              (2)  tone dialing service;
  77-13              (3)  lifeline and tel-assistance services;
  77-14              (4)  service connection charges for basic services;
  77-15              (5)  direct inward dialing service for basic services;
  77-16              (6)  private pay telephone access service;
  77-17              (7)  call trap and trace service;
  77-18              (8)  access to 911 service where provided by a local
  77-19  authority and access to dual party relay service;
  77-20              (9)  switched access service;
  77-21              (10)  interconnection to competitive providers;
  77-22              (11)  mandatory extended area service arrangements;
  77-23              (12)  mandatory extended metropolitan service or other
  77-24  mandatory toll-free calling arrangements;
  77-25              (13)  interconnection for commercial mobile service
  77-26  providers;
  77-27              (14)  directory assistance; and
   78-1              (15)  1+ intraLATA message toll service.
   78-2        (b)  On an incumbent local exchange company's election under
   78-3  Section 3.352 of this Act, increases in rates for basic network
   78-4  services are permitted only with commission approval and only
   78-5  within the parameters specified by Subsection (c) of this section
   78-6  for four years following the election.  Notwithstanding the
   78-7  requirements prescribed by Section 3.457 of this Act, rates for
   78-8  basic network services may be decreased at any time on the
   78-9  initiative of the electing company to a floor above long run
  78-10  incremental cost for switched access service or the appropriate
  78-11  cost for any basic local telecommunications service, which shall be
  78-12  long run incremental cost as to any incumbent local exchange
  78-13  company that is required by the commission to perform long run
  78-14  incremental cost studies or elects to perform those studies.  This
  78-15  section does not affect the charges permitted under Section 3.304,
  78-16  3.308, or 3.608 of this Act.  The rate decreases for basic network
  78-17  services permitted by this section may not be replaced by increases
  78-18  in the assessment for the regulatory transition fund (RTF) except
  78-19  as specifically permitted by Section 3.610 of this Act.  The
  78-20  commission may not increase service standards applicable to the
  78-21  provision of local exchange telephone service by an electing
  78-22  company if the increased investment required to comply with the
  78-23  increased standard exceeds in any one year 10 percent of the
  78-24  incumbent local exchange company's average annual intrastate
  78-25  additions in capital investment for the most recent five-year
  78-26  period.  In calculating the average, the incumbent local exchange
  78-27  company shall exclude extraordinary investments made during that
   79-1  five-year period.  If the local exchange rates of an electing local
   79-2  exchange company are reduced at its initiation before the adoption
   79-3  of the pricing rule provided by Section 3.457 of this Act, the
   79-4  total amount of the annual reduction shall be deducted from the
   79-5  total amount of embedded non-traffic sensitive costs computed under
   79-6  Section 3.610(h) of this Act.
   79-7        (c)(1)  Rates for basic network services may be changed in
   79-8  the following circumstances and only with commission approval that
   79-9  the proposed change is included in this subsection.
  79-10              (2)  On motion of an electing incumbent local exchange
  79-11  company or on its own motion, the commission shall proportionally
  79-12  adjust prices for services to reflect changes in Federal
  79-13  Communications Commission separations affecting intrastate net
  79-14  income by 10 percent or more.
  79-15              (3)  If, after 42 months after the date of the
  79-16  incumbent local exchange company's election, an electing company in
  79-17  this state with less than five million access lines is in
  79-18  compliance with its infrastructure commitment, all quality of
  79-19  services requirements, and all commission rules enacted under
  79-20  Subtitle J of this title, on application of the incumbent local
  79-21  exchange company, the commission may undertake a proceeding to
  79-22  review the need for changes in the rates of services.  The
  79-23  application may request that the commission adjust rates, implement
  79-24  new pricing plans, restructure rates, or rebalance revenues between
  79-25  services to recognize changed market conditions and the effects of
  79-26  competitive entry.  The commission may use an index and a
  79-27  productivity offset in determining these changes.  The commission
   80-1  may not order an increase in residential local exchange telephone
   80-2  service that would cause those rates to increase by more than the
   80-3  United States Consumer Price Index in any 12-month period.  In no
   80-4  case may the new monthly rate exceed the nationwide average of
   80-5  local exchange telephone service rates for like services.  A
   80-6  company electing to receive regulatory transition fund (RTF)
   80-7  receipts under Section 3.610 of this Act may not be permitted to
   80-8  increase switched access rates under this subdivision.
   80-9              (4)  The commission may authorize increases permitted
  80-10  by Section 3.610 of this Act.
  80-11              (5)  Notwithstanding the commitments made under Section
  80-12  3.352 of this Act, a rate group reclassification occurring as a
  80-13  result of access lines growth shall be allowed by the commission on
  80-14  request of the electing company.
  80-15        (d)(1)  Except as provided by Section 3.2572 of this Act, the
  80-16  regulation of basic network services of an electing company shall,
  80-17  to the extent not inconsistent with this subtitle, be governed by:
  80-18                    (A)  Title I of this Act;
  80-19                    (B)  this subtitle;
  80-20                    (C)  Subtitles A, B, C, F, G, J, K, and L of this
  80-21  title;
  80-22                    (D)  Sections 3.201, 3.202, 3.204, 3.210, 3.211,
  80-23  3.215, 3.216, 3.217, 3.218, and 3.219 of this Act; and
  80-24                    (E)  all commission procedures and rules not
  80-25  inconsistent with this subtitle.
  80-26              (2)  Changes to the terms and conditions of the tariff
  80-27  offering of a basic network service, other than price changes,
   81-1  continue to require commission approval.
   81-2        (e)  The rates capped in Subsection (b) of this section as a
   81-3  result of a company's election shall be the rates charged by the
   81-4  company on June 1, 1995, without regard to proceedings pending
   81-5  under Section 1.301 or 3.210 of this Act or under Subchapter G,
   81-6  Chapter 2001, Government Code.
   81-7        Sec. 3.354.  RATE ADJUSTMENT PROCEDURES.  (a)  An electing
   81-8  company may adjust its rates for basic network services under
   81-9  Section 3.353(c) of this Act on notice to the commission.  The
  81-10  notice to the commission of a rate adjustment must be accompanied
  81-11  with sufficient documentary support to demonstrate that the rate
  81-12  adjustment meets the criteria prescribed by Section 3.353(c) of
  81-13  this Act.  The commission shall establish by rule or order the
  81-14  documentation to be required under this subsection.
  81-15        (b)  Notice to customers shall be published once in a
  81-16  newspaper of general circulation in the service area to be affected
  81-17  within a reasonable time period after the notice for a rate
  81-18  adjustment is provided to the commission, and shall be included in
  81-19  or on the bill of each affected consumer in the next billing
  81-20  subsequent to the filing with the commission.  The notice shall
  81-21  contain a title that includes the name of the company and the words
  81-22  "NOTICE OF POSSIBLE RATE CHANGE."  The notice shall contain the
  81-23  following information:
  81-24              (1)  a statement that the consumer's rate may change;
  81-25              (2)  an estimate of the amount of the annual change for
  81-26  the typical residential, business, or access consumers that would
  81-27  result if the rate adjustment is approved by the commission, which
   82-1  estimate shall be printed in a type style and size that are
   82-2  distinct from and larger than the type style and size of the body
   82-3  of the notice; and
   82-4              (3)  a statement that a consumer who wants to comment
   82-5  on the rate adjustment or who wants additional details regarding
   82-6  the rate adjustment may call or write the commission, which
   82-7  statement must include  the telephone number and address of the
   82-8  commission and a statement that additional details will be provided
   82-9  free of charge to the consumer at the expense of the company.
  82-10        (c)  The commission shall review the adjusted rates to ensure
  82-11  that the proposed adjustment conforms to the requirements of
  82-12  Section 3.353(c) of this Act.  A rate adjustment under Section
  82-13  3.353(c)(2), (3), (4), or (5) of this Act takes effect 90 days
  82-14  after the date of completion of notice.
  82-15        (d)  An incumbent local exchange company that has five
  82-16  percent or fewer of the total access lines in this state may adopt
  82-17  the cost, if determined based on a long run incremental cost study,
  82-18  for the same or substantially similar services offered by a larger
  82-19  incumbent local exchange company without the requirement of
  82-20  presenting long run incremental cost studies of its own.
  82-21        (e)  Either by complaint filed by an affected party or on the
  82-22  commission's own motion at any time before the rate adjustment
  82-23  takes effect, the commission may suspend the effective date of the
  82-24  rate adjustment and hold a hearing to review a rate set under
  82-25  Section 3.353(c)(2), (3), (4), or (5) of this Act and after the
  82-26  review issue an order approving, modifying, or rejecting the rate
  82-27  adjustment if it is not in compliance with the applicable
   83-1  provisions.  Any order modifying or rejecting the proposed rate
   83-2  adjustment shall specify each reason why the proposed adjustment is
   83-3  not in compliance with the applicable provisions of Section
   83-4  3.353(c)(2), (3), (4), or (5) of this Act and the means by which
   83-5  the proposed adjustment may be brought into compliance.
   83-6        (f)  Any rate restructure under Section 3.353(c) of this Act
   83-7  shall follow the notice and hearing procedures prescribed by
   83-8  Sections 3.211(a)-(c) of this Act, except as otherwise provided in
   83-9  this section.
  83-10        Sec. 3.355.  BASKET II:  DISCRETIONARY SERVICES.  (a)  Basket
  83-11  II services include all services or functions provided by the
  83-12  electing company that have not been granted pricing flexibility in
  83-13  a particular geographic market and that have not been listed under
  83-14  Basket I or III.
  83-15        (b)  The following services are initially classified as
  83-16  discretionary services in Basket II as of September 1, 1995:
  83-17              (1)  1+ intraLATA message toll services, where
  83-18  intraLATA equal access is available;
  83-19              (2)  0+, 0- operator services;
  83-20              (3)  call waiting, call forwarding, and custom calling
  83-21  features not listed in Basket III;
  83-22              (4)  call return, caller ID, and call control options
  83-23  not listed in Basket III;
  83-24              (5)  central office based PBX-type services;
  83-25              (6)  billing and collection services;
  83-26              (7)  integrated services digital network (ISDN)
  83-27  services; and
   84-1              (8)  new services.
   84-2        (c)  The commission may reclassify a service from Basket I to
   84-3  Basket II or Basket III, or from Basket II to Basket III,
   84-4  consistent with the criteria prescribed by Section 3.357 of this
   84-5  Act.
   84-6        (d)  The prices for each Basket II service or function
   84-7  provided by the electing company shall be set above the LRIC cost.
   84-8  The commission shall set the reasonable price ceiling over and
   84-9  above LRIC cost, but the ceiling may not be set below or above the
  84-10  rate in effect on September 1, 1995, without regard to proceedings
  84-11  pending under Section 1.301 or 3.210 of this Act or under
  84-12  Subchapter G, Chapter 2001, Government Code.  The ceiling may be
  84-13  raised only after the proceedings required under Subtitle J of this
  84-14  title.  Thereafter, on application by the electing company or on
  84-15  the commission's own motion, the commission may change the price
  84-16  ceiling but may not increase the ceiling more than 10 percent
  84-17  annually.  Within the range of the LRIC floor and the price
  84-18  ceiling, the incumbent local exchange company may change the price
  84-19  of each service, including using volume and term discounts, zone
  84-20  density pricing, packaging of services, customer specific pricing,
  84-21  and other promotional pricing flexibility, but shall notify the
  84-22  commission of each change.  The placement of a service in Basket II
  84-23  does not preclude an incumbent local exchange company from using
  84-24  any of the regulatory treatments authorized by or under Section
  84-25  3.051 of this Act.  Discounts and other forms of pricing
  84-26  flexibility may not be preferential, prejudicial, or
  84-27  discriminatory.
   85-1        Sec. 3.356.  BASKET III:  COMPETITIVE SERVICES.  (a)  The
   85-2  following services are Basket III competitive services and shall be
   85-3  subject to pricing flexibility as of September 1, 1995:
   85-4              (1)  services described in the WATS tariff as of
   85-5  January 1, 1995;
   85-6              (2)  800 and foreign exchange services;
   85-7              (3)  private line service;
   85-8              (4)  special access service;
   85-9              (5)  services from public pay telephones;
  85-10              (6)  paging services and mobile services (IMTS);
  85-11              (7)  911 premises equipment;
  85-12              (8)  speed dialing; and
  85-13              (9)  three-way calling.
  85-14        (b)  The commission may reclassify a service from Basket I to
  85-15  Basket II or Basket III or from Basket II to Basket III, consistent
  85-16  with the criteria prescribed by Section 3.357 of this Act.
  85-17        (c)  The electing company may set the price for the service
  85-18  at any level above the service's LRIC, in compliance with the
  85-19  imputation rules established under Subtitle J of this title.
  85-20  Permissible pricing flexibility includes volume and term discounts,
  85-21  zone density pricing, packaging of services, customer specific
  85-22  contracts, and other promotional pricing flexibility, subject to
  85-23  the requirements of Section 3.451 of this Act.  Discounts and other
  85-24  forms of pricing flexibility may not be preferential, prejudicial,
  85-25  or discriminatory.  However, an electing incumbent local exchange
  85-26  company may not increase the price of a service in a geographic
  85-27  area in which that service or a functionally equivalent service is
   86-1  not readily available from another provider.
   86-2        (d)  Not later than January 1, 2000, the commission shall
   86-3  initiate a review and evaluation of any incumbent local exchange
   86-4  company electing treatment under this subtitle or Subtitle I of
   86-5  this title to review and evaluate the effects of the election,
   86-6  including consumer benefits, impact of competition, infrastructure
   86-7  investments, and quality of service.  The commission shall file a
   86-8  report and its recommendations to the legislature by January 1,
   86-9  2001, as to whether the incentive regulation plan should be
  86-10  extended, modified, eliminated, or replaced with some other form of
  86-11  regulation.  The legislature, based on the commission's report, may
  86-12  authorize the commission to take action to extend, modify,
  86-13  eliminate, or replace the incentive plan provided by this subtitle
  86-14  and Subtitle I of this title.
  86-15        Sec. 3.357.  TRANSFERRING SERVICES.  (a)  In determining
  86-16  whether to transfer services from Basket I to Basket II or Basket
  86-17  III, or from Basket II to Basket III, the commission shall
  86-18  establish standards that consider factors including:
  86-19              (1)  availability of the service from other providers;
  86-20              (2)  the proportion of the market that currently
  86-21  receives the service;
  86-22              (3)  the effect of the transfer on subscribers of the
  86-23  service; and
  86-24              (4)  the nature of the service.
  86-25        (b)  The commission may not transfer a service from one
  86-26  basket to another until full implementation of all competitive
  86-27  safeguards required by Sections 3.452, 3.453, 3.454, 3.455, 3.456,
   87-1  3.457, and 3.458 of this Act.
   87-2        Sec. 3.358.  INFRASTRUCTURE COMMITMENT.  (a)  A company
   87-3  electing under Section 3.352 of this Act shall make an
   87-4  infrastructure commitment in writing to the governor and
   87-5  commission, committing to make a telecommunications infrastructure
   87-6  investment in this state.  The electing company shall invest in the
   87-7  improvement and development of the state telecommunications
   87-8  infrastructure in accordance with this section.
   87-9        (b)(1)  The infrastructure investment shall be made in the
  87-10  company's service territory during the six-year period following
  87-11  the notification by the incumbent local exchange company that it
  87-12  will become an electing company.  The infrastructure investment
  87-13  shall include the network enhancements and special rates prescribed
  87-14  by this subsection.
  87-15              (2)  On customer request, the electing company shall
  87-16  provide broadband service capable of providing transmission speeds
  87-17  of up to 45 megabits per second for customer applications to any
  87-18  educational institution, as that term is defined by Section 3.605
  87-19  of this Act, library, and public or not-for-profit hospital or
  87-20  primary health care provider.
  87-21              (3)  Educational institutions, libraries, or hospitals
  87-22  receiving the services provided under this section may not be
  87-23  assessed special construction or installation charges.
  87-24              (4)  If the distance learning customer group has 10 or
  87-25  fewer locations, the electing company shall provide a 35-percent
  87-26  discount of  its preferred customer monthly charges for equivalent
  87-27  services for a direct connection of the service between each
   88-1  location and the central office that serves as the operating hub
   88-2  for the applicable distance learning customer group.
   88-3  Notwithstanding the pricing flexibility authorized by this Act, the
   88-4  electing company's rates for this service may not be increased for
   88-5  four years from the date of election.  An educational institution
   88-6  or a library may elect this rate treatment or the discount provided
   88-7  by Section 3.605 of this Act.
   88-8              (5)  If the telemedicine customer group has 10 or fewer
   88-9  locations, the electing company shall provide a 35-percent discount
  88-10  of its preferred customer monthly charges for equivalent services
  88-11  for a direct connection of the service between each location and
  88-12  the central office that serves as the operating hub for the
  88-13  applicable distance learning customer group.  Notwithstanding the
  88-14  pricing flexibility authorized by this Act, the electing company's
  88-15  rates for this service may not be increased for four years from the
  88-16  date of election.
  88-17              (6)  On request for 1.544 megabits per second private
  88-18  line or special access service, there shall be a 35-percent
  88-19  discount of the applicable tariff or special access rate for
  88-20  preferred monthly charges for equivalent services for educational
  88-21  institutions and libraries.  This discount is in lieu of the
  88-22  discount provided by Section 3.605 of this Act.
  88-23              (7)  On request by schools or libraries in exchanges of
  88-24  an electing company serving more than five million access lines in
  88-25  which toll-free access to the Internet is not available, the local
  88-26  exchange company shall make available a toll-free connection or
  88-27  toll-free dialing arrangement for use by schools or libraries in
   89-1  accessing the Internet in an exchange in which Internet access is
   89-2  available on a toll-free basis.  The connection or dialing
   89-3  arrangement shall be provided at no charge to the school or library
   89-4  until Internet access becomes available in the exchange of the
   89-5  requesting school or library.  The local exchange company is not
   89-6  required to arrange for Internet access or to pay Internet charges
   89-7  for the requesting schools or libraries.
   89-8              (8)  On request of a distance learning customer group
   89-9  having 10 or fewer locations where there are different special
  89-10  access or tariff rates for individual customers within the serving
  89-11  group used to provide the basis for the discount, the electing
  89-12  company shall request special access rates for the distance
  89-13  learning customer group based on the most cost-effective rate
  89-14  structure for the distance learning customer group.
  89-15              (9)  An electing company of one million access lines or
  89-16  more that is obligated to make an investment and incur expenses to
  89-17  accomplish the requirements of this section shall give investment
  89-18  priority to serving rural areas, areas designated as critically
  89-19  underserved, medically or educationally, and schools with high
  89-20  percentages of economically disadvantaged students.
  89-21              (10)  For an electing company serving more than one
  89-22  million access lines and fewer than five million access lines, the
  89-23  company may include as infrastructure investments any investments
  89-24  and expenses incurred in providing digital switching central
  89-25  offices in exchanges having fewer than 20,000 access lines, but
  89-26  only if those investments and expenses are incurred after September
  89-27  1, 1995, and before December 31, 1998.
   90-1        (c)  For an electing company serving five million access
   90-2  lines or more, the obligation to make investments and incur
   90-3  expenses to accomplish the requirements of this section is equal to
   90-4  $1.1 billion over the six-year period.  If five years after that
   90-5  company's election demand for broadband facilities as described by
   90-6  Subsection (b) of this section has not required the company to
   90-7  invest the entire amount specified by this subsection or to have
   90-8  plans for that investment in the sixth year, the company and the
   90-9  commission shall agree on a plan in which the company commits to
  90-10  invest the remaining unspent balance in the infrastructure plan
  90-11  described by this section, make a grant equal to the unspent
  90-12  balance to the telecommunications infrastructure fund provided by
  90-13  Section 3.606 of this Act, or both.
  90-14        (d)  For an electing company serving more than one million
  90-15  access lines and fewer than 5 million access lines, the obligation
  90-16  to make investments and incur expenses to accomplish the
  90-17  requirements of this section is equal to $300 million over the
  90-18  six-year period.  If five years after that company's election
  90-19  demand for broadband facilities as described by Subsection (b) of
  90-20  this section has not required the company to invest the entire
  90-21  amount specified by this subsection or to have plans for that
  90-22  investment in the sixth year, the company and the commission shall
  90-23  agree on a plan in which the company commits to invest the
  90-24  remaining unspent balance in the infrastructure plan described by
  90-25  this subsection, make a grant equal to the unspent balance to the
  90-26  telecommunications infrastructure fund provided by Section 3.606 of
  90-27  this Act, or both.
   91-1        (e)  An electing company that is not covered by a specific
   91-2  infrastructure investment provision prescribed by this section
   91-3  shall make the infrastructure investment required by Section 3.403
   91-4  of this Act.
   91-5        (f)  Each electing company shall file a report with the
   91-6  commission each year on the anniversary date of its election that
   91-7  sets forth its progress on its infrastructure commitment.  The
   91-8  report shall include:
   91-9              (1)  the institutions requesting service under this
  91-10  section;
  91-11              (2)  the institutions served under this section;
  91-12              (3)  investment and expense in the previous period and
  91-13  cumulative for all periods; and
  91-14              (4)  any other information the commission considers
  91-15  necessary.
  91-16        (g)  In this section:
  91-17              (1)  "Distance learning customer group" means a group
  91-18  of educational institutions' premises or libraries, or both, that
  91-19  conduct distance learning and information sharing programs or
  91-20  library services with and among each other.  The number of premises
  91-21  of a group may be subject to the technical limitations of the
  91-22  service.
  91-23              (2)  "Telemedicine customer group" means a group of
  91-24  hospitals and primary health care facilities that conduct
  91-25  telemedicine programs with and among each other.  The number of
  91-26  premises of a group may be subject to the technical limitations of
  91-27  the service.
   92-1        (h)  This subsection is applicable to local exchange
   92-2  companies having more than 150,000 access lines but fewer than
   92-3  175,000 access lines on December 31, 1994, that have been required
   92-4  to reduce local exchange rates by final order of the commission
   92-5  entered after May 1, 1993.  By application of the local exchange
   92-6  company, the commission shall allow the company's basic local
   92-7  exchange rates to be increased, if the company makes a commitment
   92-8  to elect to Subtitle H or I of this title.  The basic local
   92-9  exchange rates shall be the rates in effect immediately prior to
  92-10  the commission's final order, regardless of any subsequent orders
  92-11  or appeals of the final order.  Upon application by the local
  92-12  exchange company, the commission shall within 60 days issue an
  92-13  order establishing such rates.  Within 30 days of the commission's
  92-14  order, the local exchange company is required to elect to Subtitle
  92-15  H or I of this title.
  92-16     SUBTITLE I.  INFRASTRUCTURE PLAN FOR RATE OF RETURN COMPANIES
  92-17        Sec. 3.401.  POLICY.  It is the policy of the legislature
  92-18  that those incumbent local exchange companies that do not elect to
  92-19  be regulated under Subtitle H of this title should nevertheless
  92-20  have incentives to deploy infrastructure that will benefit the
  92-21  citizens of this state, while maintaining reasonable local rates
  92-22  and universal service.
  92-23        Sec. 3.402.  ELECTION.  (a)  An incumbent local exchange
  92-24  company serving less than five percent of the access lines in this
  92-25  state that has not elected incentive regulation under Subtitle H of
  92-26  this title may elect for an infrastructure plan under this subtitle
  92-27  by notifying the commission in writing of its election under this
   93-1  section.
   93-2        (b)(1)  For a period of six years after the election date, an
   93-3  electing incumbent local exchange company may not seek an increase
   93-4  in any rate previously established for that company under this Act,
   93-5  except for the charges permitted under Sections 3.304, 3.308,
   93-6  3.608, and 3.610 of this Act, and in the following circumstances
   93-7  and only with commission approval that the proposed change is
   93-8  included in this subsection.
   93-9              (2)  On motion of an electing incumbent local exchange
  93-10  company or on its own motion, the commission shall adjust prices
  93-11  for services to reflect changes in Federal Communications
  93-12  Commission separations affecting intrastate net income by 10
  93-13  percent or more.
  93-14              (3)  A rate group classification occurring as a result
  93-15  of access lines growth shall be allowed by the commission on
  93-16  request of the electing company.
  93-17        (c)  Section 3.354 of this Act applies to a rate change under
  93-18  Subsection (b) of this section.
  93-19        (d)  If, subsequent to the enactment of this subtitle, an
  93-20  incumbent local exchange company notifies the commission in writing
  93-21  of its election to the alternative infrastructure plan under this
  93-22  subtitle, the electing company may not for a period of six years
  93-23  after the election date under any circumstances be subject to any
  93-24  complaint or hearing as to the reasonableness of its rates, its
  93-25  overall revenues, its return on invested capital, or its net income
  93-26  if the electing incumbent local exchange company is complying with
  93-27  its infrastructure commitment under Section 3.403 of this Act, nor
   94-1  may an electing company be subject to a complaint that any
   94-2  particular rate is excessive.  However, the company's
   94-3  implementation of the competitive safeguards required by Subtitle J
   94-4  of this title are not excluded from a complaint, hearing, or
   94-5  determination.  Nothing herein restricts any consumer's right to
   94-6  complain to the commission regarding quality of service, the
   94-7  commission's right to enforce quality of service standards, or the
   94-8  consumer's right to complain regarding the application of an
   94-9  ambiguous tariff, and if the commission finds an ambiguity, the
  94-10  commission's right to determine the proper application of the
  94-11  tariff or to determine the proper rate if the tariff is found to
  94-12  not apply, but this does not permit the commission to lower a
  94-13  tariff rate except as specifically provided by this Act, to change
  94-14  its interpretation of a tariff, or to change a tariff so as to
  94-15  extend its application to new classes of customers.  The commission
  94-16  may not increase service standards applicable to the provision of
  94-17  local exchange telephone service by an electing company if the
  94-18  increased investment required to comply with the increased standard
  94-19  exceeds in any one year 10 percent of the incumbent local exchange
  94-20  company's average annual intrastate additions in capital investment
  94-21  for the most recent five-year period.  In calculating the average,
  94-22  the incumbent local exchange company shall exclude extraordinary
  94-23  investments made during the five-year period.
  94-24        (e)  On application by an electing incumbent local exchange
  94-25  company, the commission may allow a company to withdraw its
  94-26  election under this section but only for good cause.  For the
  94-27  purpose of this section, good cause includes only matters that were
   95-1  beyond the control of the incumbent local exchange company.
   95-2        (f)  This section does not prohibit an incumbent local
   95-3  exchange company from making an election under Section 3.352 of
   95-4  this Act at any time, and if the company so elects, the
   95-5  infrastructure commitment made under Section 3.403 of this Act
   95-6  offsets any infrastructure commitment required in connection with
   95-7  the Section 3.352 election.
   95-8        (g)  The rates capped by Subsection (b) of this section as a
   95-9  result of a company's election shall be the rates charged by the
  95-10  company at the date of its election without regard to proceedings
  95-11  pending under Section 1.301 or 3.210 of this Act or under
  95-12  Subchapter G, Chapter 2001, Government Code.
  95-13        (h)  In this section, "election date" means the date on which
  95-14  the commission receives notice of election under this section.
  95-15        Sec. 3.403.  INFRASTRUCTURE COMMITMENT.  (a)  A company
  95-16  electing under Section 3.402 of this Act shall make an
  95-17  infrastructure commitment in writing to the governor and
  95-18  commission, committing to make the following telecommunications
  95-19  infrastructure investment in this state over a six-year period
  95-20  following the company's election.
  95-21        (b)(1)  The infrastructure investment shall include the
  95-22  network enhancements and special rates prescribed by this
  95-23  subsection.
  95-24              (2)  On customer request, the electing company shall
  95-25  provide broadband service capable of providing transmission speeds
  95-26  of up to 45 megabits per second for customer applications to any
  95-27  educational institution as that term is defined by Section 3.605 of
   96-1  this Act, library, and public or not-for-profit hospital or primary
   96-2  health care provider.
   96-3              (3)  Educational institutions, libraries, or hospitals
   96-4  receiving the services provided under this section may not be
   96-5  assessed special construction or installation charges.
   96-6        (c)  The electing company's infrastructure investment
   96-7  obligation over the six-year period is an amount equal to 15
   96-8  percent of the company's intrastate revenues in the year of
   96-9  election.
  96-10        (d)  On request for 1.544 megabits per second private line or
  96-11  special access service, there shall be a 35-percent discount of the
  96-12  applicable tariff or special access rate for preferred monthly
  96-13  charges for equivalent services for educational institutions and
  96-14  libraries.  This discount is in lieu of the discount provided by
  96-15  Section 3.605 of this Act.
  96-16        (e)  If five years after that company's election demand for
  96-17  broadband facilities as described by Subsection (b) has not
  96-18  required the company to invest the entire amount specified by
  96-19  Subsection (c) or to have plans for that investment in the sixth
  96-20  year, the company and the commission shall agree on a plan in which
  96-21  the company commits to invest the remaining unspent balance in the
  96-22  infrastructure plan described by this section, make a grant equal
  96-23  to the unspent balance to the telecommunications infrastructure
  96-24  fund provided by Section 3.606 of this Act, or both.
  96-25        (f)  An electing company investment qualifies as an
  96-26  infrastructure development commitment under this section only if
  96-27  the investment is in addition to the company's annual capital
   97-1  investment averaged over the three years preceding the date of
   97-2  the election.  However, the electing company may apply to the
   97-3  commission for a determination that extraordinary expenditures
   97-4  justify using a different method for determining the level of
   97-5  investment above which the expenditure qualifies as an
   97-6  infrastructure commitment under this section.
   97-7        (g)  Each electing company shall file a report with the
   97-8  commission each year on the anniversary date of its election that
   97-9  sets forth its progress on its infrastructure commitment.  The
  97-10  report shall include:
  97-11              (1)  the institutions requesting service under this
  97-12  section;
  97-13              (2)  the institutions served under this section;
  97-14              (3)  investment and expense in the previous period and
  97-15  cumulative for all periods; and
  97-16              (4)  any other information the commission considers
  97-17  necessary.
  97-18        (h)  This subsection is applicable to local exchange
  97-19  companies having more than 150,000 access lines but fewer than
  97-20  175,000 access lines on December 31, 1994, that have been required
  97-21  to reduce local exchange rates by final order of the commission
  97-22  entered after May 1, 1993.  By application of the local exchange
  97-23  company, the commission shall allow the company's basic local
  97-24  exchange rates to be increased, if the company makes a commitment
  97-25  to elect to Subtitle H or I of this title.  The basic local
  97-26  exchange rates shall be the rates in effect immediately prior to
  97-27  the commission's final order, regardless of any subsequent orders
   98-1  or appeals of the final order.  Upon application by the local
   98-2  exchange company, the commission shall within 60 days issue an
   98-3  order establishing such rates.  Within 30 days of the commission's
   98-4  order, the local exchange company is required to elect to Subtitle
   98-5  H or I of this title.
   98-6                  SUBTITLE J.  COMPETITIVE SAFEGUARDS
   98-7        Sec. 3.451.  COMPETITIVE SAFEGUARDS.  (a)  To the extent
   98-8  necessary to ensure that competition in telecommunications is fair
   98-9  to all participants and to accelerate the improvement of
  98-10  telecommunications in the state, the commission shall ensure that
  98-11  the rates and regulations of an incumbent local exchange company
  98-12  are not unreasonably preferential, prejudicial, or discriminatory
  98-13  but are equitable and consistent in application.
  98-14        (b)  Section 3.352(d) of this Act does not prevent the
  98-15  commission from enforcing this subtitle.
  98-16        (c)  The commission has exclusive jurisdiction to implement
  98-17  competitive safeguards.
  98-18        Sec. 3.452.  UNBUNDLING.  (a)  An incumbent local exchange
  98-19  company shall, at a minimum, unbundle its network to the extent
  98-20  ordered by the Federal Communications Commission.
  98-21        (b)  Before the adoption of the pricing rules required by
  98-22  Section 3.457 of this Act, the commission shall hold a hearing and
  98-23  adopt an order on the issue of requiring further unbundling of
  98-24  local exchange company services.
  98-25        (c)  The commission may order further unbundling only after
  98-26  considering the public interest and competitive merits of further
  98-27  unbundling.  The commission may proceed by rulemaking or, if
   99-1  requested by a party, shall proceed by evidentiary hearing.
   99-2        (d)  Following unbundling, the commission may assign the
   99-3  unbundled components to the appropriate Basket according to the
   99-4  purposes and intents of those Baskets.
   99-5        Sec. 3.453.  RESALE.  (a)  An incumbent local exchange
   99-6  company serving one million or more access lines or electing the
   99-7  incentive regulation plan under Subtitle H of this title shall file
   99-8  a usage sensitive loop resale tariff by September 1, 1995.  An
   99-9  incumbent local exchange company serving fewer than one million
  99-10  access lines or not electing under Subtitle H of this title shall
  99-11  file a resale tariff within 60 days of the date on which a
  99-12  certificate of operating authority or service provider certificate
  99-13  of operating authority is granted under Subtitle F of this title.
  99-14        (b)  "Loop" resale as used in this section means the purchase
  99-15  of the local distribution channel or "loop" facility from the
  99-16  incumbent local exchange company for the purpose of resale to end
  99-17  user customers.
  99-18        (c)  The commission shall conduct any proceeding it
  99-19  determines appropriate to determine the rates, terms, and
  99-20  conditions for this tariff within 180 days of filing.  The
  99-21  commission may:
  99-22              (1)  only approve a usage sensitive rate that recovers
  99-23  the total long run incremental cost of the loop on an unseparated
  99-24  basis, plus an appropriate contribution to joint and common costs;
  99-25  and
  99-26              (2)  only permit a holder of a certificate of
  99-27  convenience or necessity, certificate of operating authority, or
  100-1  service provider certificate of operating authority to purchase
  100-2  from the resale tariff, except as provided by Subsection (f)(1) of
  100-3  this section.
  100-4        (d)  On September 1, 1995, a provider of telecommunications
  100-5  service may not impose any restriction on the resale or sharing of
  100-6  any service for which it is not a dominant provider nor, as to any
  100-7  incumbent local exchange company electing alternative regulation
  100-8  under Subtitle H of this title, for any service entitled to
  100-9  regulatory treatment under Basket III as described by Section 3.356
 100-10  of this Act.
 100-11        (e)  A holder of a certificate of operating authority or
 100-12  service provider certificate of operating authority has the
 100-13  reciprocal obligation to permit local exchange companies to resell
 100-14  its existing loop facilities at its regularly published rates if
 100-15  the local exchange company has no loop facilities and has a request
 100-16  for service.
 100-17        (f)(1)  The commission shall eliminate all resale
 100-18  prohibitions in an electing incumbent local exchange company's
 100-19  tariffs on:
 100-20                    (A)  completion of the commission's costing and
 100-21  pricing rulemaking and the establishment and funding of the
 100-22  regulatory transition fund (RTF);
 100-23                    (B)  completion of rate rebalancing of the
 100-24  incumbent local exchange company rates required by Section 3.457 of
 100-25  this Act; and
 100-26                    (C)  removal of all prohibitions on incumbent
 100-27  local exchange companies providing interLATA service.
  101-1              (2)  When the commission eliminates the resale
  101-2  prohibitions under this subsection, it shall continue to prohibit
  101-3  the resale of local exchange or directory assistance flat rate
  101-4  services as a substitute for usage sensitive services.  If the
  101-5  commission finds that the rate for a particular service or function
  101-6  will, as a result of the costing and pricing proceeding, be less
  101-7  than the cost of providing the service or function and that the
  101-8  difference in rate and cost will not be recovered from the
  101-9  universal service fund, the service may be offered for resale only
 101-10  to the same class of customer as sold to by the incumbent local
 101-11  exchange company.
 101-12        (g)  Nothing herein alters resale or sharing arrangements
 101-13  presently permitted in incumbent local exchange company tariffs
 101-14  existing on September 1, 1995.
 101-15        Sec. 3.454.  IMPUTATION.  (a)  Not later than December 1,
 101-16  1996, the commission shall adopt rules governing imputation of the
 101-17  price of a service.
 101-18        (b)  Imputation is a regulatory policy the commission shall
 101-19  apply to prevent an incumbent local exchange company from selling a
 101-20  service or function to another telecommunications utility at a
 101-21  price that is higher than the rate the incumbent local exchange
 101-22  company implicitly includes in services it provides to its retail
 101-23  customers.
 101-24        (c)  The commission may require imputation only of the price
 101-25  of a service that is:
 101-26              (1)  not generally available from a source other than
 101-27  the incumbent local exchange company; and
  102-1              (2)  necessary for the competitor to provide its
  102-2  competing services.
  102-3        (d)  The commission may not require imputation of the price
  102-4  to a local exchange telephone service while the price is capped
  102-5  under Subtitle H or I of this title.
  102-6        (e)  The price of switched access service shall be imputed to
  102-7  the price of each service for which switched access service is a
  102-8  component until switched access service is competitively available.
  102-9        (f)  The commission may not require imputation on a
 102-10  rate-element-by-element basis but only on a service-by-service
 102-11  basis.
 102-12        (g)  For a service provided under a customer specific
 102-13  contract for which imputation may be required under Subsection (c)
 102-14  of this section, the commission may not require imputation on a
 102-15  rate-element-by-element basis but only on a service-by-service
 102-16  basis within the contract.
 102-17        (h)  The incumbent local exchange company shall demonstrate
 102-18  that the price it charges for its retail service recovers the costs
 102-19  of providing the service.  For purposes of this subsection, the
 102-20  costs of providing the service is defined as the sum of:
 102-21              (1)  specifically tariffed premium rates for the
 102-22  noncompetitive services or service functions, or elements of these
 102-23  noncompetitive services or service functions (or their functional
 102-24  equivalent) that are used to provide the service;
 102-25              (2)  the total service long run incremental costs of
 102-26  the competitive services or service functions that are used;
 102-27              (3)  any costs, not otherwise reflected in Subdivision
  103-1  (1) or (2) of this subsection, that are specifically associated
  103-2  with the provision of the service or group of services; and
  103-3              (4)  any cost or surcharge associated with an explicit
  103-4  subsidy that is applied to all providers of the service for the
  103-5  purpose of promoting universal service.
  103-6        (i)  The commission may waive an imputation requirement for
  103-7  any public interest service such as 9-1-1 service and dual party
  103-8  relay service if the commission determines that the waiver is in
  103-9  the public interest.
 103-10        Sec. 3.455.  Telecommunications Number Portability.  (a)
 103-11  Because a uniform national number plan is valuable and necessary to
 103-12  the state, the commission by rule shall adopt guidelines governing
 103-13  telecommunications number portability and the assignment of
 103-14  telephone numbers in a competitively neutral manner.  The
 103-15  commission rules may not be inconsistent with the rules and
 103-16  regulations of the Federal Communications Commission regarding
 103-17  telecommunications number portability.
 103-18        (b)  In this Act, "telecommunications number portability"
 103-19  means the ability of a user of telecommunications services, to the
 103-20  extent technically feasible, to retain an existing telephone number
 103-21  without impairing the quality, reliability, or convenience of
 103-22  service when changing from one provider of telecommunications
 103-23  service to another provider.
 103-24        (c)  As an interim measure, the commission shall adopt
 103-25  reasonable mechanisms to allow consumers to retain their telephone
 103-26  numbers.  At a minimum, these mechanisms shall include the use of
 103-27  call forwarding functions and direct inward dialing for those
  104-1  purposes.  An incumbent local exchange company with one million
  104-2  access lines or more shall file tariffs before November 1, 1995,
  104-3  and the commission, before March 1, 1996, shall determine
  104-4  reasonable rates to be charged for call forwarding functions,
  104-5  direct inward dialing, and any other mechanism the commission
  104-6  determines should be used as an interim number portability measure
  104-7  by a new entrant.  An incumbent local exchange company with fewer
  104-8  than one million access lines where a certificate of operating
  104-9  authority or a service provider certificate of operating authority
 104-10  has been granted shall file tariffs within 60 days after the date
 104-11  of a bona fide request, and the commission, within 60 days after
 104-12  the date the tariffs are filed, shall determine reasonable rates to
 104-13  be charged for call forwarding functions, direct inward dialing,
 104-14  and any other mechanism the commission determines should be used as
 104-15  an interim number portability measure by a new entrant.
 104-16        Sec. 3.456.  Expanded Interconnection.  (a)  Not later than
 104-17  September 1, 1996, the commission shall adopt rules for expanded
 104-18  interconnection that:
 104-19              (1)  are consistent with the rules and regulations of
 104-20  the Federal Communications Commission relating to expanded
 104-21  interconnection;
 104-22              (2)  treat intrastate private line services as special
 104-23  access service; and
 104-24              (3)  provide that if an incumbent local exchange
 104-25  company is required to provide expanded interconnection to another
 104-26  local exchange company, the second local exchange company shall, in
 104-27  a like manner, provide expanded interconnection to the first
  105-1  company.
  105-2        (b)  This section does not prohibit the commission from
  105-3  completing a proceeding pending on April 1, 1995, that addresses
  105-4  expanded interconnection.
  105-5        Sec. 3.457.  COSTING AND PRICING.  (a)(1)  The commission
  105-6  shall complete a pricing rulemaking and adopt a pricing rule by
  105-7  April 1, 1997.  Companies subject to that rule shall file cost
  105-8  studies and necessary supporting data not later than November 1,
  105-9  1996, unless specific waivers are authorized.
 105-10              (2)  The commission has 85 days after the date a cost
 105-11  study is submitted to administratively approve it or to order that
 105-12  changes be made, except that the review process may be suspended
 105-13  for 30 days upon motion of the presiding examiner or for good cause
 105-14  shown by any party that demonstrates a justiciable interest.  Such
 105-15  request must be made within the first 45 days of the review
 105-16  process.  If the commission delegates approval of the cost study to
 105-17  an administrative law judge or hearings examiner, the judge or
 105-18  examiner has 85 days, or 115 days if suspended, to administratively
 105-19  approve it or to order that changes be made.  The commission may
 105-20  not conduct a contested case to approve a cost study submitted
 105-21  under this section.
 105-22              (3)  Any party may appeal to the commission an
 105-23  administrative determination by an administrative law judge or
 105-24  hearings examiner under Subdivision (2) of this subsection within
 105-25  five days after the date of notification of the determination.  The
 105-26  commission shall rule on the appeal within 30 days after the date
 105-27  it receives the appeal.
  106-1              (4)  If the commission or an administrative law judge
  106-2  or hearings examiner orders a cost study to be changed, the judge
  106-3  or examiner shall order the company to make those changes within a
  106-4  period that is commensurate with the complexity of the study and
  106-5  the need to complete the cost studies in a timely manner.
  106-6              (5)  The parties shall be permitted expedited discovery
  106-7  after a cost study is submitted.  The commission shall fairly
  106-8  evaluate the comments or pleadings filed by any party regarding the
  106-9  cost study.
 106-10        (b)  In adopting the pricing rule, the commission shall:
 106-11              (1)  ensure that prices for monopoly services remain
 106-12  affordable;
 106-13              (2)  ensure that prices for competitive services may
 106-14  not be:
 106-15                    (A)  unreasonably preferential, prejudicial, or
 106-16  discriminatory;
 106-17                    (B)  subsidized either directly or indirectly by
 106-18  noncompetitive services; or
 106-19                    (C)  predatory or anticompetitive; and
 106-20              (3)  require that each service recover the appropriate
 106-21  cost, including appropriate joint and common costs, of any and all
 106-22  facilities and functions used to provide that service.
 106-23        (c)  The commission shall allow an incumbent local exchange
 106-24  company that is not a Tier 1 local exchange company as of September
 106-25  1, 1995, at that company's option, to adopt the cost studies
 106-26  approved by the commission for a Tier 1 local exchange company.
 106-27        Sec. 3.458.  INTERCONNECTION.  (a)  "Interconnection" for the
  107-1  purposes of this section means the termination of local
  107-2  intraexchange traffic of another local exchange company or holder
  107-3  of a service provider certificate of operating authority within the
  107-4  local calling area of the terminating local exchange company or
  107-5  certificate holder for calls that originate and terminate in this
  107-6  state.  The provisions of this section do not govern rates for the
  107-7  existing termination of cellular or interexchange traffic.
  107-8        (b)  The commission shall require all providers of
  107-9  telecommunications services to maintain interoperable networks.
 107-10  Telecommunications providers shall negotiate network
 107-11  interconnectivity, charges, terms, and conditions, and in that
 107-12  event the commission shall approve the interconnection rates.  The
 107-13  commission may resolve disputes filed by a party to those
 107-14  negotiations.
 107-15        (c)  In the absence of a mutually agreed compensation rate
 107-16  negotiated under Subsection (b) of this section, each carrier shall
 107-17  reciprocally terminate the other carrier's traffic at no charge for
 107-18  the first nine months after the date on which the first call is
 107-19  terminated between the carriers.
 107-20        (d)  The commission shall, within the nine-month period
 107-21  prescribed by Subsection (c) of this section, complete a proceeding
 107-22  to establish reciprocal interconnection rates, terms, and
 107-23  conditions.  The commission shall establish reciprocal
 107-24  interconnection rates, terms, and conditions based solely on the
 107-25  commission proceeding.  In establishing the initial interconnection
 107-26  rate, the commission may not require cost studies from the new
 107-27  entrant.  Not earlier than three years after the date on which the
  108-1  first call is terminated between the carriers, the commission may,
  108-2  if the commission receives a complaint, require cost studies by a
  108-3  new entrant for the purpose of establishing interconnection rates.
  108-4        (e)  The incumbent local exchange company may adopt the
  108-5  interconnection rates approved for a larger incumbent local
  108-6  exchange company without the commission requirement of additional
  108-7  cost justification.  If an incumbent local exchange company does
  108-8  not adopt the interconnection rates of a larger company, or
  108-9  negotiates under Subsection (b) of this section, the company is
 108-10  governed by Subsections (c) and (d) of this section.  If the
 108-11  incumbent local exchange company adopts the interconnection rates
 108-12  of another incumbent local exchange company, the new entrant may
 108-13  adopt those rates as the new entrant's interconnection rates.  If
 108-14  the incumbent local exchange company elects to file its own tariff,
 108-15  the new entrant must also file its own interconnection tariff.
 108-16        (f)  The commission may make generic rules and set policies
 108-17  governing interconnection arrangements.  The commission may
 108-18  establish rules that are responsive to changes in federal law or
 108-19  developments in the local exchange market.
 108-20        (g)  The commission may not use interconnection rates under
 108-21  this section as a basis to alter interconnection rates for other
 108-22  services.
 108-23        (h)  The commission has exclusive jurisdiction over any
 108-24  holder of a certificate of convenience and necessity, certificate
 108-25  of operating authority, or service provider certificate of
 108-26  operating authority for the determination of rates, terms, and
 108-27  conditions for interconnection.
  109-1        Sec. 3.459.  INCUMBENT LOCAL EXCHANGE COMPANY REQUIREMENTS.
  109-2  (a)  An incumbent local exchange company may not unreasonably:
  109-3              (1)  discriminate against another provider by refusing
  109-4  access to the local exchange;
  109-5              (2)  refuse or delay interconnections to another
  109-6  provider;
  109-7              (3)  degrade the quality of access provided to another
  109-8  provider;
  109-9              (4)  impair the speed, quality, or efficiency of lines
 109-10  used by another provider;
 109-11              (5)  fail to fully disclose in a timely manner on
 109-12  request all available information necessary for the design of
 109-13  equipment that will meet the specifications of the local exchange
 109-14  network; or
 109-15              (6)  refuse or delay access by any person to another
 109-16  provider.
 109-17        (b)  This section may not be construed to require an
 109-18  incumbent local exchange company to provide expanded
 109-19  interconnection as that term is defined by the Federal
 109-20  Communications Commission.
 109-21        (c)  Nothing in this Act shall require the commission to
 109-22  change the rate treatment for Bulletin Board Systems in residences
 109-23  established by the commission in Docket No. 8387.
 109-24        Sec. 3.460.  COMMISSION AUTHORITY.  (a)  The commission has
 109-25  all authority necessary to establish procedures with respect to the
 109-26  policies stated in Sections 3.451, 3.452, 3.453, 3.454, 3.455,
 109-27  3.456, 3.457, and 3.458 of this Act and to resolve any disputes
  110-1  arising under those policies.
  110-2        (b)  The commission has the authority to and shall adopt
  110-3  procedures for the processing of proceedings under Sections 3.452
  110-4  and 3.453 of this Act, including the authority to limit discovery
  110-5  and, except for the office, align parties having similar positions
  110-6  for purposes of cross-examination.  In adopting procedures under
  110-7  this section and in resolving disputes, the commission shall
  110-8  consider the impact on consumers, competitors, and the incumbent
  110-9  local exchange company.  The commission may not implement, by order
 110-10  or rule, any requirement that is contrary to any applicable federal
 110-11  rule or law.
 110-12        Sec. 3.461.  APPLICATIONS AND RULES.  The obligations
 110-13  prescribed by Sections 3.452, 3.453, 3.455, 3.456, and 3.458 of
 110-14  this Act may not, until September 1, 1998, be applied to incumbent
 110-15  local exchange companies serving fewer than 31,000 access lines.
 110-16  After September 1, 1998, the obligations prescribed by Sections
 110-17  3.452, 3.453, and 3.456 of this Act may be applied only on a bona
 110-18  fide request from a certified telecommunications utility.  In
 110-19  applying these rules to these incumbent local exchange companies,
 110-20  the commission may modify the rules as it finds in the public
 110-21  interest.
 110-22        Sec. 3.462.  REVIEW OF IMPLEMENTATION.  The provisions of
 110-23  Sections 3.452, 3.454, and 3.457 of this Act do not initially apply
 110-24  to incumbent local exchange companies that as of September 1, 1995,
 110-25  have 31,000 or more access lines in this state but fewer than one
 110-26  million access lines in this state. The obligations prescribed by
 110-27  those sections may be applied to such companies only on a bona fide
  111-1  request from a holder of a certificate of operating authority or
  111-2  service provider certificate of operating authority. In applying
  111-3  these rules to these incumbent local exchange companies, the
  111-4  commission may modify the rules as it finds in the public interest.
  111-5        Sec. 3.463.  INFRASTRUCTURE SHARING.  (a)  The commission
  111-6  shall prescribe rules that require a local exchange company to
  111-7  share public switched network infrastructure and technology with a
  111-8  requesting local exchange company that lacks economies of scale or
  111-9  scope, for the purpose of enabling that requesting company to
 111-10  provide telecommunications services in the geographic areas to
 111-11  which the requesting company is designated as the sole carrier of
 111-12  last resort.
 111-13        (b)  The rules governing the sharing:
 111-14              (1)  may not require a local exchange company to make a
 111-15  decision that is uneconomic or adverse to the public;
 111-16              (2)  shall permit, but not require, joint ownership and
 111-17  operation of public switched network infrastructure and services by
 111-18  or among the local exchange companies sharing infrastructure; and
 111-19              (3)  shall establish conditions that promote
 111-20  cooperation between local exchange companies.
 111-21                  SUBTITLE K.  BROADCASTER SAFEGUARDS
 111-22        Sec. 3.501.  CUSTOMER PROPRIETARY NETWORK INFORMATION (CPNI).
 111-23  (a)  In this section:
 111-24              (1)  "Specific customer proprietary network
 111-25  information" (specific CPNI) means:
 111-26                    (A)  information that relates to the quantity,
 111-27  technical configuration, type, destination, or amount of use of
  112-1  voice or data telecommunications services subscribed to by any
  112-2  customer of a telecommunications utility, but excluding wireless
  112-3  telecommunications providers, and is made available to the utility
  112-4  by the customer solely by virtue of the utility-customer
  112-5  relationship;
  112-6                    (B)  information contained in the bills relating
  112-7  to telecommunications services received by a customer of a
  112-8  telecommunications utility; and
  112-9                    (C)  any other information concerning the
 112-10  customer as is available to the telecommunications utility by
 112-11  virtue of the customer's use of the telecommunications utility
 112-12  service.  The term does not include subscriber list information.
 112-13              (2)  "Subscriber list information" means any
 112-14  information that:
 112-15                    (A)  identifies the listed names of subscribers
 112-16  of a telecommunications utility or those subscribers' telephone
 112-17  numbers, addresses, or primary advertising classifications, or any
 112-18  combination of those listed names, numbers, addresses, or
 112-19  classifications; and
 112-20                    (B)  the telecommunications utility or an
 112-21  affiliate has published or accepted for future publication.
 112-22        (b)  Except as preempted by the Federal Communications
 112-23  Commission, a telecommunications utility may not use specific CPNI
 112-24  for commercial purposes other than the sale, provision, or billing
 112-25  and collection of telecommunications or enhanced services.  Nothing
 112-26  herein prohibits the use of specific CPNI with the customer's
 112-27  consent or the provision of specific CPNI to an affiliate
  113-1  telecommunications provider.
  113-2        (c)  Not later than September 1, 1996, the commission shall
  113-3  adopt rules that are consistent with rules on this subject adopted
  113-4  by the Federal Communications Commission.  Rules adopted under this
  113-5  section shall:
  113-6              (1)  require each telecommunications utility to notify
  113-7  each subscriber annually, through means approved by the commission,
  113-8  of the subscriber's right to reject the utility's use of specific
  113-9  CPNI for purposes of marketing other services;
 113-10              (2)  in the event the Federal Communications Commission
 113-11  adopts new CPNI rules that no longer preempt a state's authority to
 113-12  adopt inconsistent rules, the commission shall institute a
 113-13  proceeding regarding the appropriate use of CPNI by all
 113-14  telecommunications utilities, provided that any rule, policy, or
 113-15  order adopted by the commission may not be discriminatory in its
 113-16  application to telecommunications utilities; and
 113-17              (3)  require each telecommunications utility, if the
 113-18  utility makes nonproprietary aggregate CPNI available to its
 113-19  affiliates, to make that information available on the same terms
 113-20  and conditions to unaffiliated entities.
 113-21        (d)  The commission may not implement any rules regarding
 113-22  CPNI applicable to an incumbent local exchange company having
 113-23  100,000 or fewer access lines in service in this state that are
 113-24  more burdensome to the company than the CPNI rules of the Federal
 113-25  Communications Commission, except that this prohibition does not
 113-26  apply to uses of CPNI that are unrelated to telecommunications
 113-27  services or products.
  114-1        Sec. 3.502.  AUDIO VIDEO.  (a)  In this Act:
  114-2              (1)  "Video programming" means programming provided by
  114-3  or generally considered comparable to programming provided by a
  114-4  television broadcast station as defined by the Federal
  114-5  Communications Commission under Section 602, Communications Act of
  114-6  1934 (47 U.S.C. Section 522).
  114-7              (2)  "Audio programming" means programming provided by
  114-8  or generally considered comparable to programming provided by an AM
  114-9  or FM broadcast station.  However, the term does not include any
 114-10  audio-related services of the type offered by the incumbent local
 114-11  exchange company as of September 1, 1995.
 114-12        (b)  An incumbent local exchange company may not provide
 114-13  audio or video programming in this state.  However, nothing herein
 114-14  prohibits a separate corporate affiliate of an incumbent local
 114-15  exchange company from providing audio or video programming.
 114-16        (c)  A separate corporate affiliate of an incumbent local
 114-17  exchange company providing audio or video programming:
 114-18              (1)  shall obtain telecommunications services from its
 114-19  affiliate incumbent local exchange company at tariffed rates, or if
 114-20  those services are not provided under a tariff, at the fair market
 114-21  value or, in the event there is no fair market value or that value
 114-22  is less than long run incremental cost (LRIC), then the rate is
 114-23  equal to the service's LRIC;
 114-24              (2)  shall purchase, use, rent, or access information,
 114-25  services, space, or devices that are not telecommunications
 114-26  services from its affiliate incumbent local exchange company
 114-27  consistent with the affiliate transaction rules promulgated by the
  115-1  Federal Communications Commission then in effect, provided that in
  115-2  no case shall those transactions be valued at less than the greater
  115-3  of net book value or fair market value, whichever is applicable;
  115-4              (3)  shall maintain books, records, and accounts that
  115-5  are separate from those of an incumbent local exchange company,
  115-6  which books, records, and accounts shall be kept in accordance with
  115-7  generally accepted accounting principles;
  115-8              (4)  shall prepare financial statements that are not
  115-9  consolidated with those of an incumbent local exchange company,
 115-10  provided, however, that financial statements and  consolidated tax
 115-11  returns may be prepared that consolidate the operation of the
 115-12  separate corporate affiliate with a parent company and its other
 115-13  subsidiaries;
 115-14              (5)  may not incur debt in a manner that would permit a
 115-15  creditor on default to have recourse to the assets of the incumbent
 115-16  local exchange company;
 115-17              (6)  may not use the names, trademarks, or service
 115-18  marks of the incumbent local exchange company, but this does not
 115-19  prohibit the use of those names or marks if they are used in common
 115-20  with the parent, affiliate, or owner of the incumbent local
 115-21  exchange company;
 115-22              (7)  shall perform its marketing and sales functions
 115-23  and operation in compliance with Open Network Architecture and the
 115-24  affiliate transaction rules promulgated by the Federal
 115-25  Communications Commission then in effect;
 115-26              (8)  may not have any directors, officers, or employees
 115-27  in common with the incumbent local exchange company; and
  116-1              (9)  shall maintain a separate corporate entity from
  116-2  the incumbent local exchange company.
  116-3        (d)  As to its separate affiliate providing video or audio
  116-4  programming, an incumbent local exchange company:
  116-5              (1)  may not develop a rate for a telecommunications
  116-6  service or deploy a telecommunications service to primarily benefit
  116-7  its separate affiliate for the affiliate's video or audio
  116-8  programming unless  that rate or service is available on a
  116-9  nondiscriminatory basis to all purchasers;
 116-10              (2)  may not be unreasonably preferential in the
 116-11  deployment of telecommunications services for its separate
 116-12  affiliates' audio or video programming;
 116-13              (3)  may not enter into customer specific contracts for
 116-14  the provision of tariffed telecommunications services with its
 116-15  separate affiliate unless substantially the same terms and
 116-16  conditions of the contract are generally available to nonaffiliated
 116-17  interests;
 116-18              (4)  shall maintain and file with the commission copies
 116-19  of all contracts or arrangements between the incumbent local
 116-20  exchange company and the separate affiliate and report the contract
 116-21  amount for each cash and noncash transaction with the separate
 116-22  affiliate, including payments for costs of any goods and services
 116-23  or any property right or thing or for interest expense;
 116-24              (5)  may not transfer assets to the separate affiliate
 116-25  unless those assets are priced no lower than assets that are
 116-26  available in an arm's-length transaction to third parties;
 116-27              (6)  shall value any assets that are transferred to a
  117-1  separate affiliate at the greater of net book or fair market value;
  117-2              (7)  shall value any assets that are transferred to it
  117-3  by its separate affiliate at the lesser of net book value or fair
  117-4  market value except instances where Federal Communications
  117-5  Commission or commission rules or regulations permit in-arrears
  117-6  payment for tariffed telecommunications services or the investment
  117-7  by an affiliate of dividends or profits derived from the incumbent
  117-8  local exchange company;
  117-9              (8)  shall comply with all applicable Federal
 117-10  Communications Commission cost and other accounting rules;
 117-11              (9)  may not have any directors, officers, or employees
 117-12  in common with the separate affiliate;
 117-13              (10)  may not own any property in common with the
 117-14  separate affiliate; and
 117-15              (11)  shall provide, if it offers telecommunications
 117-16  equipment or services to audio and video programming providers,
 117-17  those services:
 117-18                    (A)  at just and reasonable rates that are
 117-19  tariffed, so long as the commission rules require those tariffs,
 117-20  under nondiscriminatory terms and conditions; and
 117-21                    (B)  if the equipment and services are not
 117-22  subject to regulation, on similar terms and conditions to all video
 117-23  or audio programming providers.
 117-24        (e)  In addition to the requirements and prohibitions
 117-25  prescribed by Subsection (d) of this section, an incumbent local
 117-26  exchange company shall, if it offers billing and collection
 117-27  services to nonaffiliated audio and video programming providers,
  118-1  provide those services under nondiscriminatory terms and
  118-2  conditions.  Nothing herein requires an incumbent local exchange
  118-3  company to offer billing and collection service to nonaffiliated
  118-4  programmers, and an incumbent local exchange company may exclude
  118-5  certain classes of programmers from its billing and collection
  118-6  services.
  118-7        (f)  An incumbent local exchange company shall have a
  118-8  compliance audit performed every three years by an independent
  118-9  accounting firm.  The audit shall be conducted for the purpose of
 118-10  determining whether the incumbent local exchange company, during
 118-11  the preceding three years, is in compliance with all of the
 118-12  requirements imposed by this section regarding the  incumbent local
 118-13  exchange company.  The independent accounting firm shall file the
 118-14  report with the commission.  If the report concludes that the
 118-15  incumbent local exchange company is not in compliance with any
 118-16  portion of this section, the commission shall institute appropriate
 118-17  action against the incumbent local exchange company.  The report
 118-18  shall be considered commercial or financial information that is
 118-19  confidential by statute under Chapter 552, Government Code.
 118-20        (g)  Except as otherwise specifically provided by this Act,
 118-21  the commission's jurisdiction over affiliates of incumbent local
 118-22  exchange companies that are audio and video programmers is limited
 118-23  to the requirements of this section and does not extend to subjects
 118-24  not specifically provided herein.
 118-25        (h)  This section does not apply to an incumbent local
 118-26  exchange company having 100,000 or fewer total access lines in
 118-27  service in this state.
  119-1        (i)  A company to which this section applies may petition the
  119-2  commission for a waiver from any of the requirements imposed
  119-3  herein.  The commission shall grant the waiver if it is in the
  119-4  public interest to do so, taking into account whether the need for
  119-5  the restriction still exists in the market involved.  The
  119-6  commission may revoke any waiver granted if it is shown that
  119-7  conditions under which the waiver was granted have materially
  119-8  changed and it is in the public interest to do so.
  119-9        Sec. 3.503.  ADVERTISING.  (a)  Advertising agency services
 119-10  include the functions generally performed by a general advertising
 119-11  agency, including advertising development, advertising purchase,
 119-12  advertising consultation, advertising copywriting, and advertising
 119-13  research.
 119-14        (b)  An incumbent local exchange company may not sell
 119-15  advertising agency services to nonaffiliates in this state.
 119-16  Nothing herein prohibits a local exchange company from:
 119-17              (1)  any activities to promote or sell
 119-18  telecommunications services and equipment, including voice, data,
 119-19  video dial tone, video programming, audio programming, cellular,
 119-20  interactive media, software, and other related services and
 119-21  equipment; or
 119-22              (2)  any activities that seek to enhance or promote the
 119-23  use of the telecommunications network.
 119-24        (c)  A separate corporate affiliate of an  incumbent local
 119-25  exchange company may engage in advertising agency activities, but
 119-26  in the conduct of that business a separate corporate affiliate:
 119-27              (1)  shall maintain books, records, and accounts that
  120-1  are separate from those of  an incumbent  local exchange company,
  120-2  which books, records, and accounts shall be kept in accordance with
  120-3  generally accepted accounting principles;
  120-4              (2)  shall prepare financial statements that are not
  120-5  consolidated with those of an incumbent  local exchange company
  120-6  provided, however, that financial statements and consolidated tax
  120-7  returns may be prepared that consolidate the operation of the
  120-8  separate corporate affiliate with a parent company and its other
  120-9  subsidiaries;
 120-10              (3)  may not incur debt in a manner that would permit a
 120-11  creditor on default to have recourse to the assets of the incumbent
 120-12  local exchange company;
 120-13              (4)  may not have any directors, officers, or employees
 120-14  in common with the incumbent local exchange company;
 120-15              (5)  shall maintain a separate corporate entity from
 120-16  the incumbent local exchange company; and
 120-17              (6)  may not use the names, trademarks, or service
 120-18  marks of the  incumbent local exchange company, but this does not
 120-19  prohibit the use of those names or marks where they are used in
 120-20  common with the parent, affiliate, or owner of the incumbent local
 120-21  exchange company.
 120-22        (d)  Except as provided by Subsection (b) of this section,
 120-23  an incumbent local exchange company that has an affiliate that
 120-24  provides advertising agency services on behalf of nonaffiliates in
 120-25  this state may not jointly market that affiliate's advertising
 120-26  agency services in connection with telecommunications services and
 120-27  equipment provided by the incumbent local exchange company.  This
  121-1  prohibition does not apply to advertising in telephone directories
  121-2  in whatever form disseminated.
  121-3        (e)  Nothing herein prevents the incumbent local exchange
  121-4  company from providing telephone solicitation services for
  121-5  charitable organizations.
  121-6        (f)  This section does not apply to an incumbent local
  121-7  exchange company having 100,000 or fewer total access lines in
  121-8  service in this state.
  121-9        (g)  A company to which this section applies may petition the
 121-10  commission for a waiver from any of the requirements imposed
 121-11  herein.  The commission shall grant the waiver if it is in the
 121-12  public interest to do so, taking into account whether the need for
 121-13  the restriction still exists in the market involved.  The
 121-14  commission may revoke any waiver granted if it is shown that
 121-15  conditions under which the waiver was granted have materially
 121-16  changed and it is in the public interest to do so.
 121-17        Sec. 3.504.  VIDEO CARRIAGE.  (a)  Subject to a programmer
 121-18  operating as a common channel manager under the provisions of
 121-19  Subsection (c) of this section, each incumbent local exchange
 121-20  company that provides telecommunications services that are used in
 121-21  the transmission of video programming directly to subscribers or
 121-22  that enables customers to access video programming shall permit
 121-23  local full-power, FCC-licensed broadcast stations, to the extent
 121-24  capacity permits, access to these telecommunications services at
 121-25  tariffed rates or, if those services are not provided under a
 121-26  tariff, on similar terms and conditions as other video programmers
 121-27  that provide similar programming.  The incumbent local exchange
  122-1  company shall transmit the signals delivered to it by the local
  122-2  broadcast station without material degradation, and the quality
  122-3  offered may not be less than that made available to other video
  122-4  programmers.
  122-5        (b)  Each incumbent local exchange company that provides
  122-6  telecommunications services that are used in the transmission of
  122-7  video programming directly to subscribers or to enable customers to
  122-8  access video programming:
  122-9              (1)  may not unreasonably discriminate among
 122-10  programming providers with respect to transmission of their
 122-11  signals;
 122-12              (2)  may not delete, change, or alter any copyright
 122-13  identification transmitted as part of the programming signal; and
 122-14              (3)  shall, if it provides a "video dial tone service"
 122-15  with a level one gateway, as that term is defined by the Federal
 122-16  Communications Commission, make available to programmers a menu or
 122-17  programming guide on which programmers may display a listing of the
 122-18  stations required to be carried by the programmer under Subsection
 122-19  (c) of this section.
 122-20        (c)  To the extent that federal law and Federal
 122-21  Communications Commission rules and orders permit, a programmer
 122-22  operating as a common channel manager that purchases for commercial
 122-23  purposes 50 or more analog channels on a local exchange video dial
 122-24  tone level one platform over which video programming is made
 122-25  available to subscribers, shall make available to subscribers local
 122-26  full-power, Federal Communications Commission-licensed television
 122-27  stations, provided that retransmission is granted under Subsection
  123-1  (d) of this section.  A programmer subject to this section shall be
  123-2  required to make available up to six television stations, except
  123-3  that in markets that contain a county having a population of more
  123-4  than one million, the programmer shall be required to make
  123-5  available up to nine full-power, Federal Communications
  123-6  Commission-licensed local broadcast stations.  The programmer shall
  123-7  make the selection of the broadcast channels to be carried under
  123-8  this section.
  123-9        (d)  A Federal Communications Commission-licensed television
 123-10  station seeking carriage under Subsection (c) of this section shall
 123-11  grant retransmission consent to the programmer and to the incumbent
 123-12  local exchange company.  However, nothing in this Act requires a
 123-13  programmer or incumbent local exchange company to provide monetary
 123-14  payment or other valuable consideration in exchange for that
 123-15  carriage.
 123-16        (e)  This section does not apply to  an incumbent local
 123-17  exchange company having 100,000 or fewer total access lines in
 123-18  service in this state or to a programmer on the video dial tone
 123-19  platform of that  incumbent local exchange company.
 123-20        (f)  A company to which this section applies may petition the
 123-21  commission for a waiver from any of the requirements imposed
 123-22  herein.  The commission shall grant the waiver if it is in the
 123-23  public interest to do so, taking into account whether the need for
 123-24  the restriction still exists in the market involved.  The
 123-25  commission may revoke any waiver granted if it is shown that
 123-26  conditions under which the waiver was granted have materially
 123-27  changed and it is in the public interest to do so.
  124-1        (g)  Except as otherwise specifically provided by this Act,
  124-2  the commission's jurisdiction over affiliates of incumbent local
  124-3  exchange companies that are video programmers is limited to the
  124-4  requirements of this section and does not extend to subjects not
  124-5  specifically provided herein.
  124-6        (h)  This section expires August 31, 1999.
  124-7        Sec. 3.505.  AUDIO CARRIAGE.  (a)  To the extent that federal
  124-8  law and Federal Communications Commission rules and orders permit,
  124-9  and consistent with technical specifications, a programmer
 124-10  operating as a common channel manager that makes available for
 124-11  commercial purposes to subscribers 12 or more channels of audio
 124-12  programming similar to broadcasts of Federal Communications
 124-13  Commission-licensed radio stations on an incumbent local exchange
 124-14  company's level one video dial tone platform shall make available
 124-15  to subscribers local Federal Communications Commission-licensed
 124-16  radio stations, provided that retransmission is granted under
 124-17  Subsection (b) of this section.  A programmer subject to this
 124-18  subsection may not be required to make available more than
 124-19  one-third of its analog audio channels to radio stations.  The
 124-20  programmer shall make the selection of the radio stations to be
 124-21  carried under this section.
 124-22        (b)  A local Federal Communications Commission-licensed radio
 124-23  station seeking carriage under Subsection (a) of this section shall
 124-24  grant retransmission consent to the programmer and the incumbent
 124-25  local exchange company.  However, nothing in this Act requires a
 124-26  programmer or incumbent local exchange company to provide monetary
 124-27  payment or other valuable consideration in exchange for that
  125-1  carriage.
  125-2        (c)  This section does not apply to  an incumbent  local
  125-3  exchange company having 100,000 or fewer total access lines in
  125-4  service in this state or to a programmer on the video dial tone
  125-5  platform of that incumbent local exchange company.
  125-6        (d)  A company to which this section applies may petition the
  125-7  commission for a waiver from any of the requirements imposed
  125-8  herein.  The commission shall grant the waiver if it is in the
  125-9  public interest to do so, taking into account whether the need for
 125-10  the restriction still exists in the market involved.  The
 125-11  commission may revoke any waiver granted if it is shown that
 125-12  conditions under which the waiver was granted have materially
 125-13  changed and it is in the public interest to do so.
 125-14        (e)  Except as otherwise specifically provided by this Act,
 125-15  the commission's jurisdiction over affiliates of incumbent local
 125-16  exchange companies that are video programmers is limited to the
 125-17  requirements of this section and does not extend to subjects not
 125-18  specifically provided herein.
 125-19        (f)  This section expires August 31, 1999.
 125-20        Sec. 3.506.  APPLICATION OF SUBTITLE.  This subtitle does not
 125-21  apply to a cable company.
 125-22                  SUBTITLE L.  ELECTRONIC PUBLISHING
 125-23        Sec. 3.551.  DEFINITIONS.  In this subtitle:
 125-24              (1)  "Affiliate" means any entity that, directly or
 125-25  indirectly, owns or controls, is owned or controlled by, or is
 125-26  under common ownership or control with an incumbent  local exchange
 125-27  company.  The term does not include a separated affiliate.
  126-1              (2)  "Basic telephone service" means any wireline
  126-2  telephone exchange service, or wireline telephone exchange
  126-3  facility, provided by an incumbent local exchange company in a
  126-4  telephone exchange area, other than a competitive wireline
  126-5  telephone exchange service provided in a telephone exchange area
  126-6  where another entity provides a wireline telephone exchange service
  126-7  that was provided on January 1, 1984, and a commercial mobile
  126-8  service provided by an affiliate that is required by the Federal
  126-9  Communications Commission to be a corporate entity separate from
 126-10  the local exchange company.
 126-11              (3)  "Basic telephone service information" means
 126-12  network and customer information of  an incumbent  local exchange
 126-13  company and other information acquired by an incumbent  local
 126-14  exchange company as a result of its engaging in the provision of
 126-15  basic telephone service.
 126-16              (4)  "Control" has the meaning provided by 17 C.F.R.
 126-17  Section 240.12b--2, the regulations promulgated by the Securities
 126-18  and Exchange Commission under the Securities Exchange Act of 1934
 126-19  (15 U.S.C. Section 78a et seq.) or any successor provision to that
 126-20  section.
 126-21              (5)(A)  "Electronic publishing" means the
 126-22  dissemination, provision, publication, or sale to an unaffiliated
 126-23  entity or person, using an incumbent local exchange company's basic
 126-24  telephone service, of:
 126-25                          (i)  news;
 126-26                          (ii)  entertainment (other than interactive
 126-27  games);
  127-1                          (iii)  business, financial, legal,
  127-2  consumer, or credit material;
  127-3                          (iv)  editorials;
  127-4                          (v)  columns;
  127-5                          (vi)  sports reporting;
  127-6                          (vii)  features;
  127-7                          (viii)  advertising;
  127-8                          (ix)  photos or images;
  127-9                          (x)  archival or research material;
 127-10                          (xi)  legal notices or public records;
 127-11                          (xii)  scientific, educational,
 127-12  instructional, technical, professional, trade, or other literary
 127-13  materials; or
 127-14                          (xiii)  other like or similar information.
 127-15                    (B)  "Electronic publishing" does not include the
 127-16  following network services:
 127-17                          (i)  information access, as that term is
 127-18  defined by the modification of final judgment;
 127-19                          (ii)  the transmission of information as a
 127-20  common carrier;
 127-21                          (iii)  the transmission of information as
 127-22  part of a gateway to an information service that does not involve
 127-23  the generation or alteration of the content of information,
 127-24  including data transmission, address translation, protocol
 127-25  conversion, billing management, introductory information content,
 127-26  and navigational systems that enable users to access electronic
 127-27  publishing services, that do not affect the presentation of those
  128-1  electronic publishing services to users;
  128-2                          (iv)  voice storage and retrieval services,
  128-3  including voice messaging and electronic mail services;
  128-4                          (v)  level 2 gateway services as those
  128-5  services are defined by the Federal Communications Commission's
  128-6  Second Report and Order, Recommendation to Congress and Second
  128-7  Further Notice of Proposed Rulemaking in CC Docket No.  87-266
  128-8  dated August 14, 1992;
  128-9                          (vi)  data processing services that do not
 128-10  involve the generation or alteration of the content of information;
 128-11                          (vii)  transaction processing systems that
 128-12  do not involve the generation or alteration of the content of
 128-13  information;
 128-14                          (viii)  electronic billing or advertising
 128-15  of an incumbent  local exchange company's regulated
 128-16  telecommunications services;
 128-17                          (ix)  language translation;
 128-18                          (x)  conversion of data from one format to
 128-19  another;
 128-20                          (xi)  the provision of information
 128-21  necessary for the management, control, or operation of a telephone
 128-22  company telecommunications system;
 128-23                          (xii)  the provision of directory
 128-24  assistance that provides names, addresses, and telephone numbers
 128-25  and does not include advertising;
 128-26                          (xiii)  caller identification services;
 128-27                          (xiv)  repair and provisioning databases
  129-1  for telephone company operations;
  129-2                          (xv)  credit card and billing validation
  129-3  for telephone company operations;
  129-4                          (xvi)  911-E and other emergency assistance
  129-5  databases;
  129-6                          (xvii)  any other network service of a type
  129-7  that is like or similar to these network services and that does not
  129-8  involve the generation or alteration of the content of information;
  129-9                          (xviii)  any upgrades to these network
 129-10  services that do not involve the generation or alteration of the
 129-11  content of information;
 129-12                          (xix)  full motion video entertainment on
 129-13  demand; and
 129-14                          (xx)  video programming as defined by
 129-15  Section 602, Communications Act of 1934 (47 U.S.C. Section 522).
 129-16              (6)  "Electronic publishing joint venture" means a
 129-17  joint venture owned by an incumbent  local exchange company or
 129-18  affiliate that engages in the provision of electronic publishing
 129-19  that is disseminated by means of that  incumbent local exchange
 129-20  company's or any of its affiliates' basic telephone service.
 129-21              (7)  "Entity" means any organization, and includes a
 129-22  corporation, partnership, sole proprietorship, association, and
 129-23  joint venture.
 129-24              (8)  "Inbound telemarketing" means the marketing of
 129-25  property, goods, or services by telephone to a customer or
 129-26  potential customer who initiated the call.
 129-27              (9)  "Own," with respect to an entity, means to have a
  130-1  direct or indirect equity interest, or the equivalent, of more than
  130-2  10 percent of an entity, or the right to more than 10 percent of
  130-3  the gross revenues of an entity under a revenue sharing or royalty
  130-4  agreement.
  130-5              (10)  "Separated affiliate" means a corporation under
  130-6  common ownership or control with an incumbent  local exchange
  130-7  company that does not own or control an incumbent  local exchange
  130-8  company and is not owned or controlled by an incumbent  local
  130-9  exchange company and that engages in the provision of electronic
 130-10  publishing that is disseminated by means of the incumbent local
 130-11  exchange company's or any of its affiliates' basic telephone
 130-12  service.
 130-13              (11)  "Incumbent local exchange company" means, for
 130-14  purposes of this subtitle only,  a company serving more than five
 130-15  million access lines in this state and subject to the modification
 130-16  of final judgment or any entity owned or controlled by that
 130-17  corporation, or any successor or assign of that corporation. The
 130-18  term does not include an electronic publishing joint venture owned
 130-19  by that corporation or entity and permitted by Section 3.559.
 130-20        Sec. 3.552.  Electronic Publishing.  (a)  An incumbent local
 130-21  exchange company or an affiliate may not engage in the provision of
 130-22  electronic publishing that is disseminated by means of the
 130-23  incumbent local exchange company's or any of its affiliates' basic
 130-24  telephone service.
 130-25        (b)  Nothing in this subtitle prohibits a separated affiliate
 130-26  or electronic publishing joint venture from engaging in the
 130-27  provision of electronic publishing or any other lawful service in
  131-1  any area.
  131-2        (c)  Nothing in this subtitle prohibits an incumbent local
  131-3  exchange company or affiliate from engaging in the provision of any
  131-4  lawful service other than electronic publishing in any area or from
  131-5  engaging in the provision of electronic publishing that is not
  131-6  disseminated by means of the incumbent local exchange company's or
  131-7  any of its affiliates' basic telephone service.
  131-8        Sec. 3.553.  SEPARATED AFFILIATE OR ELECTRONIC PUBLISHING
  131-9  JOINT VENTURE REQUIREMENTS.  A separated affiliate or electronic
 131-10  publishing joint venture:
 131-11              (1)  shall maintain books, records, and accounts that
 131-12  are separate from those of the incumbent local exchange company and
 131-13  from any affiliate and that record in accordance with generally
 131-14  accepted accounting principles all transactions, whether direct or
 131-15  indirect, with the incumbent local exchange company;
 131-16              (2)  may not incur debt in a manner that would permit a
 131-17  creditor on default to have recourse to the assets of the incumbent
 131-18  local exchange company;
 131-19              (3)  shall prepare financial statements that are not
 131-20  consolidated with those of the incumbent local exchange company or
 131-21  an affiliate, provided that consolidated statements may also be
 131-22  prepared;
 131-23              (4)  shall file with the commission annual reports in a
 131-24  form substantially equivalent to the Form 10-K required by
 131-25  regulations of the Securities and Exchange Commission;
 131-26              (5)  after September 1, 1996, may not hire:
 131-27                    (A)  as corporate officers, sales and marketing
  132-1  management personnel whose responsibilities at the separated
  132-2  affiliate or electronic publishing joint venture will include the
  132-3  geographic areas where the incumbent local exchange company
  132-4  provides basic telephone service;
  132-5                    (B)  network operations personnel whose
  132-6  responsibilities at the separated affiliate or electronic
  132-7  publishing joint venture would require dealing directly with the
  132-8  incumbent local exchange company; or
  132-9                    (C)  any person who was employed by the incumbent
 132-10  local exchange company during the year preceding the date of hire,
 132-11  except that the requirements of this paragraph do not apply to
 132-12  persons subject to a collective bargaining agreement that gives
 132-13  those persons rights to be employed by a separated affiliate or
 132-14  electronic publishing joint venture of the local exchange company;
 132-15              (6)  may not provide any wireline telephone exchange
 132-16  service in any telephone exchange area in which an incumbent local
 132-17  exchange company with which it is under common ownership or control
 132-18  provides basic telephone exchange service except on a resale basis;
 132-19              (7)  may not use the name, trademarks, or service marks
 132-20  of an existing incumbent local exchange company except for names,
 132-21  trademarks, or service marks that were used in common with the
 132-22  entity that owns or controls the incumbent local exchange company;
 132-23              (8)  shall have performed annually by March 31, or any
 132-24  other date prescribed by the commission, a compliance review:
 132-25                    (A)  that is conducted by an independent entity
 132-26  that is subject to professional, legal, and ethical obligations for
 132-27  the purpose of determining compliance during the preceding calendar
  133-1  year with any provision of this subtitle that imposes a requirement
  133-2  on the separated affiliate or electronic publishing joint venture;
  133-3  and
  133-4                    (B)  the results of which are maintained by the
  133-5  separated affiliate for a period of five years subject to review by
  133-6  any lawful authority; and
  133-7              (9)  shall within 90 days after the date of receiving a
  133-8  review described by Subdivision (8) of this subsection, file a
  133-9  report of any exceptions and corrective action with the commission
 133-10  and allow any person to inspect and copy the report subject to
 133-11  reasonable safeguards to protect any proprietary information
 133-12  contained in the report from being used for purposes other than to
 133-13  enforce or pursue remedies under this subtitle.
 133-14        Sec. 3.554.  INCUMBENT LOCAL EXCHANGE COMPANY REQUIREMENTS.
 133-15  (a)  An incumbent local exchange company under common ownership or
 133-16  control with a separated affiliate or electronic publishing joint
 133-17  venture:
 133-18              (1)  may not provide a separated affiliate any
 133-19  facilities, services, or basic telephone service information unless
 133-20  it makes those facilities, services, or information available to
 133-21  unaffiliated entities on request and on the same terms and
 133-22  conditions;
 133-23              (2)  shall carry out transactions with a separated
 133-24  affiliate in a manner equivalent to the manner that unrelated
 133-25  parties would carry out independent transactions and not based on
 133-26  the affiliation;
 133-27              (3)  shall carry out transactions with a separated
  134-1  affiliate, that involve the transfer of personnel, assets, or
  134-2  anything of value, in accordance with written contracts or tariffs
  134-3  that are filed with the commission and made publicly available;
  134-4              (4)  shall carry out transactions with a separated
  134-5  affiliate in a manner that is auditable in accordance with
  134-6  generally accepted auditing standards;
  134-7              (5)  shall value any assets that are transferred to a
  134-8  separated affiliate at the greater of net book cost or fair market
  134-9  value;
 134-10              (6)  shall value any assets that are transferred to the
 134-11  incumbent local exchange company by its separated affiliate at the
 134-12  lesser of net book cost or fair market value;
 134-13              (7)  may not, except for instances where Federal
 134-14  Communications Commission or commission rules or regulations permit
 134-15  in-arrears payment for tariffed telecommunications services or the
 134-16  investment by an affiliate of dividends or profits derived from an
 134-17  incumbent  local exchange company, provide debt or equity financing
 134-18  directly or indirectly to a separated affiliate;
 134-19              (8)  shall comply fully with all applicable Federal
 134-20  Communications Commission and commission cost allocation and other
 134-21  accounting rules;
 134-22              (9)  shall have performed annually by March 31, or any
 134-23  other date prescribed by the commission, a compliance review:
 134-24                    (A)  that is conducted by an independent entity
 134-25  that is subject to professional, legal, and ethical obligations for
 134-26  the purpose of determining compliance during the preceding calendar
 134-27  year with any provision of this subtitle that imposes a requirement
  135-1  on the incumbent local exchange company; and
  135-2                    (B)  the results of which are maintained by the
  135-3  incumbent local exchange company for a period of five years subject
  135-4  to review by any lawful authority; and
  135-5              (10)  shall within 90 days after the date of receiving
  135-6  a review described by Subdivision (9) of this subsection, file a
  135-7  report of any exceptions and corrective action with the commission
  135-8  and allow any person to inspect and copy the report subject to
  135-9  reasonable safeguards to protect any proprietary information
 135-10  contained in the report from being used for purposes other than to
 135-11  enforce or pursue remedies under this subtitle.
 135-12        (b)  If the incumbent local exchange company provides
 135-13  facilities or services for telecommunication, transmission, billing
 135-14  and collection, or expanded interconnection to any electronic
 135-15  publisher, including a separated affiliate, for use with or in
 135-16  connection with the provision of electronic publishing that is
 135-17  disseminated by means of the incumbent local exchange company's or
 135-18  any of its affiliates' basic telephone service, the incumbent local
 135-19  exchange company shall provide to all other electronic publishers
 135-20  the same type of facilities and services on request, on the same
 135-21  terms and conditions or as required by the Federal Communications
 135-22  Commission or the commission, and unbundled and individually
 135-23  tariffed to the smallest extent that is technically feasible and
 135-24  economically reasonable to provide.
 135-25        (c)  The incumbent local exchange company shall provide
 135-26  network access and interconnections for basic telephone service to
 135-27  electronic publishers at any technically feasible and economically
  136-1  reasonable point within the incumbent local exchange company's
  136-2  network and at just and reasonable rates that are tariffed, so long
  136-3  as rates for those services are subject to regulation, and that are
  136-4  not higher on a per unit basis than those charged for those
  136-5  services to any other electronic publisher or any separated
  136-6  affiliate engaged in electronic publishing.
  136-7        (d)  If prices for network access and interconnection for
  136-8  basic telephone service are no longer subject to regulation, the
  136-9  incumbent local exchange company shall provide electronic
 136-10  publishers those services on the same terms and conditions as a
 136-11  separated affiliate receives those services.
 136-12        (e)  If any basic telephone service used by electronic
 136-13  publishers ceases to require a tariff, the incumbent local exchange
 136-14  company shall  provide electronic publishers with that service on
 136-15  the same terms and conditions as a separated affiliate receives
 136-16  that service.
 136-17        (f)  The incumbent local exchange company shall provide
 136-18  reasonable advance notification at the same time and on the same
 136-19  terms to all affected electronic publishers of information if the
 136-20  information is within any one or more of the following categories:
 136-21              (1)  information necessary for the transmission or
 136-22  routing of information by an interconnected electronic publisher;
 136-23              (2)  information necessary to ensure the
 136-24  interoperability of an electronic publisher's and the incumbent
 136-25  local exchange company's networks; or
 136-26              (3)  information that relates to changes in basic
 136-27  telephone service network design and technical standards that may
  137-1  affect the provision of electronic publishing.
  137-2        (g)  The incumbent local exchange company may not directly or
  137-3  indirectly provide anything of monetary value to a separated
  137-4  affiliate unless in exchange for consideration at least equal to
  137-5  the greater of its net book cost or fair market value, except the
  137-6  investment by an affiliate of dividends or profits derived from an
  137-7  incumbent local exchange company.
  137-8        (h)  The incumbent local exchange company may not:
  137-9              (1)  discriminate in the presentation or provision of
 137-10  any gateway for electronic publishing services or any electronic
 137-11  directory of information services that is provided over the
 137-12  incumbent local exchange company's basic telephone service;
 137-13              (2)  have any directors, officers, or employees in
 137-14  common with a separated affiliate;
 137-15              (3)  own any property in common with a separated
 137-16  affiliate;
 137-17              (4)  perform hiring or training of personnel on behalf
 137-18  of a separated affiliate;
 137-19              (5)  perform the purchasing, installation, or
 137-20  maintenance of equipment on behalf of a separated affiliate, except
 137-21  for telephone service that the company provides under tariff or
 137-22  contract subject to the provisions of this subtitle; or
 137-23              (6)  perform research and development on behalf of a
 137-24  separated affiliate.
 137-25        Sec. 3.555.  CUSTOMER PROPRIETARY NETWORK INFORMATION.
 137-26  Consistent with Section 232, Communications Act of 1934, as
 137-27  amended, and Section 3.501 of this Act, an incumbent local exchange
  138-1  company or an affiliate may not provide to an electronic publisher,
  138-2  including a separated affiliate or electronic publishing joint
  138-3  venture, customer proprietary network information for use with or
  138-4  in connection with the provision of electronic publishing that is
  138-5  disseminated by means of the incumbent local exchange company's or
  138-6  any of its affiliates' basic telephone service that is not made
  138-7  available by the incumbent local exchange company or affiliate to
  138-8  all electronic publishers on the same terms and conditions.
  138-9        Sec. 3.556.  COMPLIANCE WITH SAFEGUARDS.  An incumbent local
 138-10  exchange company or affiliate, including a separated affiliate, may
 138-11  not act in concert with another incumbent local exchange company or
 138-12  any other entity to knowingly and wilfully violate or evade the
 138-13  requirements of this subtitle.
 138-14        Sec. 3.557.  INCUMBENT LOCAL EXCHANGE COMPANY DIVIDENDS.
 138-15  Nothing in this subtitle prohibits an affiliate from investing
 138-16  dividends derived from an incumbent local exchange company in its
 138-17  separated affiliate, and Sections 3.560 and 3.561 of this Act do
 138-18  not apply to that investment.
 138-19        Sec. 3.558.  JOINT MARKETING.  Except as provided by Section
 138-20  3.559 of this Act, an incumbent local exchange company may not
 138-21  carry out:
 138-22              (1)  any promotion, marketing, sales, or advertising
 138-23  for or in conjunction with a separated affiliate; or
 138-24              (2)  any promotion, marketing, sales, or advertising
 138-25  for or in conjunction with an affiliate that is related to the
 138-26  provision of electronic publishing.
 138-27        Sec. 3.559.  PERMISSIBLE JOINT ACTIVITIES.  (a)  An incumbent
  139-1  local exchange company may provide inbound telemarketing or
  139-2  referral services related to the provision of electronic publishing
  139-3  for a separated affiliate, electronic publishing joint venture,
  139-4  affiliate, or unaffiliated electronic publisher, provided that if
  139-5  those services are provided to a separated affiliate, electronic
  139-6  publishing joint venture, or affiliate, those services shall be
  139-7  made available to all electronic publishers on request, on
  139-8  nondiscriminatory terms, at compensatory prices, and subject to
  139-9  regulations of the commission to ensure that the incumbent local
 139-10  exchange company's method of providing telemarketing or referral
 139-11  and its price structure do not competitively disadvantage any
 139-12  electronic publishers regardless of size, including those that do
 139-13  not use the incumbent local exchange company's telemarketing
 139-14  services.
 139-15        (b)  An incumbent local exchange company may engage in
 139-16  nondiscriminatory teaming or business arrangements to engage in
 139-17  electronic publishing with any separated affiliate or with any
 139-18  other electronic publisher, provided that the incumbent local
 139-19  exchange company provides only facilities, services, and basic
 139-20  telephone service information as authorized by this subtitle, and
 139-21  provided that the incumbent local exchange company does not own
 139-22  that teaming or business arrangement.
 139-23        (c)  An incumbent local exchange company or affiliate may
 139-24  participate on a nonexclusive basis in electronic publishing joint
 139-25  ventures with an entity that is not an incumbent  local exchange
 139-26  company, affiliate, or separated affiliate to provide electronic
 139-27  publishing services, provided that the incumbent local exchange
  140-1  company or affiliate has not more than a 50 percent direct or
  140-2  indirect equity interest, or the equivalent, or the right to more
  140-3  than 50 percent of the gross revenues under a revenue sharing or
  140-4  royalty agreement in any electronic publishing joint venture.
  140-5  Officers and employees of an incumbent local exchange company or
  140-6  affiliate participating in an electronic publishing joint venture
  140-7  may not have more than 50 percent of the voting control over the
  140-8  electronic publishing joint venture.  In the case of joint ventures
  140-9  with a small, local electronic publisher, the commission for good
 140-10  cause shown may authorize the incumbent local exchange company or
 140-11  affiliate to have a larger equity interest, revenue share, or
 140-12  voting control, but not to exceed 80 percent.  An incumbent local
 140-13  exchange company participating in an electronic publishing joint
 140-14  venture may provide promotion, marketing, sales, or advertising
 140-15  personnel and services to the joint venture.
 140-16        Sec. 3.560.  TRANSACTIONS RELATED TO THE PROVISION OF
 140-17  ELECTRONIC PUBLISHING BETWEEN AN INCUMBENT LOCAL EXCHANGE COMPANY
 140-18  AND ANY AFFILIATE.  (a)  Any provision of facilities, services, or
 140-19  basic telephone service information, or any transfer of assets,
 140-20  personnel, or anything of commercial or competitive value, from an
 140-21  incumbent local exchange company to an affiliate related to the
 140-22  provision of electronic publishing shall be:
 140-23              (1)  recorded in the books and records of each entity;
 140-24              (2)  auditable in accordance with generally accepted
 140-25  auditing standards; and
 140-26              (3)  done in accordance with written contracts or
 140-27  tariffs filed with the commission.
  141-1        (b)  A transfer of assets directly related to the provision
  141-2  of electronic publishing from an incumbent local exchange company
  141-3  to an affiliate shall be valued at the greater of net book cost or
  141-4  fair market value.  A transfer of assets related to the provision
  141-5  of electronic publishing from an affiliate to the incumbent local
  141-6  exchange company shall be valued at the lesser of net book cost or
  141-7  fair market value.
  141-8        (c)  An incumbent local exchange company may not provide
  141-9  directly or indirectly to a separated affiliate any facilities,
 141-10  services, or basic telephone service information related to the
 141-11  provision of electronic publishing that are not made available to
 141-12  unaffiliated companies on the same terms and conditions.
 141-13        Sec. 3.561.  TRANSACTIONS RELATED TO THE PROVISION OF
 141-14  ELECTRONIC PUBLISHING BETWEEN AN AFFILIATE AND A SEPARATED
 141-15  AFFILIATE.  (a)  Any facilities, services, or basic telephone
 141-16  service information provided, or any assets, personnel, or anything
 141-17  of commercial or competitive value transferred, from an incumbent
 141-18  local exchange company to an affiliate as described by Section
 141-19  3.560 of this Act and then provided or transferred to a separated
 141-20  affiliate shall be:
 141-21              (1)  recorded in the books and records of each entity;
 141-22              (2)  auditable in accordance with generally accepted
 141-23  auditing standards; and
 141-24              (3)  done in accordance with written contracts or
 141-25  tariffs filed with the commission.
 141-26        (b)  A transfer of assets directly related to the provision
 141-27  of electronic publishing from an incumbent local exchange company
  142-1  to an affiliate as described by Section 3.560 of this Act and then
  142-2  transferred to a separated affiliate shall be valued at the greater
  142-3  of net book cost or fair market value.  A transfer of assets
  142-4  related to the provision of electronic publishing from a separated
  142-5  affiliate to an affiliate and then transferred to the incumbent
  142-6  local exchange company as described by Section 3.560 of this Act
  142-7  shall be valued at the lesser of net book cost or fair market
  142-8  value.
  142-9        (c)  An affiliate may not provide directly or indirectly to a
 142-10  separated affiliate any facilities, services, or basic telephone
 142-11  service information related to the provision of electronic
 142-12  publishing that are not made available to unaffiliated companies on
 142-13  the same terms and conditions.
 142-14        Sec. 3.562.  OTHER ELECTRONIC PUBLISHERS.  (a)  Except as
 142-15  provided by Section 3.559(c) of this Act:
 142-16              (1)  an incumbent local exchange company may not have
 142-17  any officers, employees, property, or facilities in common with an
 142-18  entity whose principal business is publishing of which a part is
 142-19  electronic publishing; and
 142-20              (2)  an officer or employee of an incumbent local
 142-21  exchange company may not serve as a director of an entity whose
 142-22  principal business is publishing of which a part is electronic
 142-23  publishing.
 142-24        (b)  For the purposes of Subsection (a) of this section, an
 142-25  incumbent local exchange company or an affiliate that owns an
 142-26  electronic publishing joint venture may not be deemed to be engaged
 142-27  in the electronic publishing business solely because of that
  143-1  ownership.
  143-2        (c)  Except as provided by Section 3.559(c) of this Act, an
  143-3  incumbent local exchange company may not carry out:
  143-4              (1)  any marketing or sales for an entity that engages
  143-5  in electronic publishing; or
  143-6              (2)  any hiring of personnel, purchasing, or
  143-7  production, for an entity that engages in electronic publishing.
  143-8        (d)  Except as provided by Section 3.559(c) of this Act, the
  143-9  incumbent local exchange company may not provide any facilities,
 143-10  services, or basic telephone service information to an entity that
 143-11  engages in electronic publishing, for use with or in connection
 143-12  with the provision of electronic publishing that is disseminated by
 143-13  means of the incumbent local exchange company's or any of its
 143-14  affiliates' basic telephone service, unless equivalent facilities,
 143-15  services, or information are made available on equivalent terms and
 143-16  conditions to all.
 143-17        Sec. 3.563.  PRIVATE RIGHT OF ACTION.  (a)  A person claiming
 143-18  that an act or practice of an incumbent local exchange company,
 143-19  affiliate, or separated affiliate constitutes a violation of this
 143-20  subtitle may file a complaint with the commission or bring suit for
 143-21  the recovery of damages, and the incumbent local exchange company,
 143-22  affiliate, or separated affiliate shall be liable if the incumbent
 143-23  local exchange company does, or causes or permits to be done, any
 143-24  act, matter, or thing in this subtitle required to be done.  The
 143-25  incumbent local exchange company shall be liable to the person or
 143-26  persons injured thereby for the full amount of damages sustained in
 143-27  consequence of any violation of the provisions of this subtitle,
  144-1  together with a reasonable counsel or attorney's fees to be fixed
  144-2  by the court in every case of recovery, which attorney's fees shall
  144-3  be taxed and collected as part of the costs of the case.  Damages
  144-4  may not be awarded for a violation that is discovered by a
  144-5  compliance review as required by Section 3.553(8) or 3.554(a)(9) of
  144-6  this Act and corrected within 90 days.
  144-7        (b)  In addition to the provisions of Subsection (a) of this
  144-8  section, a person claiming that any act or practice of an incumbent
  144-9  local exchange company, affiliate, or separated affiliate
 144-10  constitutes a violation of this subtitle may make application to
 144-11  the commission for an order to cease and desist that violation or
 144-12  may make application in any state district court for an order
 144-13  enjoining those acts or practices or for an order compelling
 144-14  compliance with that requirement.
 144-15        Sec. 3.564.  ANTITRUST LAWS.  Nothing in this section may be
 144-16  construed to modify, impair, or supersede the applicability of any
 144-17  of the antitrust laws.
 144-18        Sec. 3.565.  TRANSITION.  An electronic publishing service
 144-19  being offered to the public by an incumbent local exchange company
 144-20  or affiliate on the date of enactment of this subtitle shall have
 144-21  one year from that date of enactment to comply with the
 144-22  requirements of this subtitle.
 144-23        Sec. 3.566.  SUNSET.  The provisions of this subtitle do not
 144-24  apply to conduct occurring after June 30, 2001.
 144-25             SUBTITLE M.  INFORMATION TECHNOLOGY SERVICES
 144-26        Sec. 3.581.  DEFINITIONS.  In this subtitle:
 144-27              (1)  "Management consulting" means the development,
  145-1  refinement, and coordination of strategies to support a client's
  145-2  business direction, positively impact business performance, and
  145-3  improve operating results, in areas such as business planning,
  145-4  operations, information technology, marketing, finance, and human
  145-5  resources.
  145-6              (2)  "Systems development" means the creation,
  145-7  migration, or improvement of computer systems, including hardware
  145-8  and software, to meet specific business needs or to take advantage
  145-9  of changes in information technology.
 145-10              (3)  "Systems integration" means the acquisition,
 145-11  installation, and integration of hardware, software,
 145-12  communications, and related support components and services.
 145-13              (4)  "Systems management" means the ongoing management
 145-14  and operation of information technology components and may range
 145-15  from specialized systems applications to an enterprise's entire
 145-16  information technology function, including facilities and
 145-17  personnel.
 145-18              (5)  "Process management" means the ongoing
 145-19  responsibility for direction and operation of one or more business
 145-20  processes within an enterprise in areas such as administration,
 145-21  finance, human resources, operations, and sales and marketing.
 145-22        Sec. 3.582.  PROVISION OF INFORMATION TECHNOLOGY SERVICES
 145-23  THROUGH SEPARATE AFFILIATE.  (a)  Except for services and products
 145-24  provided on September 1, 1995, a local exchange company serving
 145-25  more than five million access lines in this state may not provide
 145-26  the following customized business products or services to customers
 145-27  with 50 or more access lines in this state:
  146-1              (1)  management consulting, except for consulting
  146-2  relating exclusively to telecommunications;
  146-3              (2)  information technology process or systems
  146-4  development;
  146-5              (3)  information technology process or systems
  146-6  integration; or
  146-7              (4)  information technology process or systems
  146-8  management.
  146-9        (b)  This section does not prohibit an affiliate of the local
 146-10  exchange company from providing any of the products or services
 146-11  described by Subsection (a) of this section in accordance with
 146-12  Sections 3.583 and 3.584 of this Act or prohibit a local exchange
 146-13  company from providing those products or services to itself.  The
 146-14  local exchange company may also provide those services to an
 146-15  affiliate if neither the local exchange company nor any of its
 146-16  affiliates are engaged in providing those products or services to
 146-17  unaffiliated third parties.
 146-18        (c)  The prohibitions prescribed by Subsection (b) of this
 146-19  section do not prohibit a local exchange company from:
 146-20              (1)  providing mass market and consumer market products
 146-21  and services directly to customers with fewer than 50 access lines
 146-22  in this state that use or rely on the use of information services,
 146-23  information systems, or information technology or processes; or
 146-24              (2)  selling or leasing billing and collection
 146-25  services, local area networks, wide area networks, or any other
 146-26  telecommunications service.
 146-27        Sec. 3.583.  SEPARATE AFFILIATE REQUIREMENTS.  (a)  An
  147-1  affiliate of the local exchange company providing a service
  147-2  described by Section 3.582(a) of this Act shall:
  147-3              (1)  operate independently from the local exchange
  147-4  company in the provision of its services;
  147-5              (2)  maintain its own books of accounts; and
  147-6              (3)  have separate officers, directors, and employees
  147-7  who may not also serve as officers, directors, or employees of the
  147-8  local exchange company, except that an officer of a corporate
  147-9  parent or holding company may serve as a director of the local
 147-10  exchange company and as a director of any other of the parent's
 147-11  subsidiaries that are in existence on September 1, 1995, or of any
 147-12  new subsidiary or affiliate established after September 1, 1995,
 147-13  that does not engage in the provision of a service described by
 147-14  Section 3.582(a) of this Act.
 147-15        (b)  All transactions between the local exchange company and
 147-16  the affiliate providing a service described by Section 3.582(a) of
 147-17  this Act shall be conducted on an "arms length" basis with respect
 147-18  to the acquisition of that service from the affiliate.
 147-19        (c)  The local exchange company shall maintain and keep
 147-20  available for inspection by the commission copies of all contracts
 147-21  or arrangements between the company and an affiliate relating to
 147-22  the local exchange company's acquisition of a service described by
 147-23  Section 3.582(a) of this Act from the affiliate.  The local
 147-24  exchange company's records must show each cash or noncash
 147-25  transaction with the affiliate for that service, including the
 147-26  payments for goods and services or any property right.
 147-27        (d)  The local exchange company and an affiliate engaged in a
  148-1  service described by Section 3.582(a) of this Act may not jointly
  148-2  own or share in the use of any property.
  148-3        Sec. 3.584.  ADDITIONAL COMPETITIVE SAFEGUARDS.  (a)  A local
  148-4  exchange company may not discriminate between an affiliate
  148-5  providing a service described by Section 3.582(a) of this Act and
  148-6  any other person in the provision or procurement of goods,
  148-7  services, facilities, or information or in the establishment of
  148-8  standards.
  148-9        (b)  A local exchange company or its affiliate may not use
 148-10  revenues from local exchange telephone service or from
 148-11  local-exchange-company-provided access services to subsidize the
 148-12  provision of a service described by Section 3.582(a) of this Act.
 148-13        (c)  This section does not prohibit the investment by an
 148-14  affiliate of dividends or profits derived from a local exchange
 148-15  company or the development of a product or service described by
 148-16  Section 3.582(a) of this Act by an affiliate of a local exchange
 148-17  company for the local exchange company if the investment or
 148-18  development complies with Section 3.583 of this Act.
 148-19      SUBTITLE N.  TELECOMMUNICATIONS SERVICE ASSISTANCE PROGRAM;
 148-20                        UNIVERSAL SERVICE FUND
 148-21        Sec. 3.601 <3.351>.  TEL-ASSISTANCE SERVICE.  The commission
 148-22  shall adopt and enforce rules requiring each local exchange company
 148-23  to establish a telecommunications service assistance program to be
 148-24  called "tel-assistance service."  This service is established to
 148-25  provide eligible consumers with a reduction in costs of
 148-26  telecommunications services.
 148-27        Sec. 3.602 <3.352>.  ELIGIBILITY FOR TEL-ASSISTANCE SERVICE;
  149-1  BURDEN OF PROOF; BILLING.  (a)  To be eligible for tel-assistance
  149-2  service, an applicant must be a head of household, 65 years of age
  149-3  or older, and disabled as determined by the Texas Department of
  149-4  Human Services and must have a household income at or below the
  149-5  poverty level as determined by the United States Office of
  149-6  Management and Budget and reported annually in the Federal
  149-7  Register.  The department, in accordance with this subtitle and
  149-8  rules adopted by the department for the program, shall develop
  149-9  procedures for taking applications for certification of eligibility
 149-10  and for determining program eligibility.  The burden of proving
 149-11  eligibility for tel-assistance service is on the consumer applying
 149-12  for the service.
 149-13        (b)  Each six months the department shall provide a list or
 149-14  lists of the names, addresses, and, if applicable, telephone
 149-15  numbers of all persons eligible for tel-assistance service to each
 149-16  local exchange company.  The local exchange company shall determine
 149-17  from the list those consumers to whom the company provides service
 149-18  and within 60 days after receiving the list shall begin
 149-19  tel-assistance billing for eligible consumers.  This billing shall
 149-20  continue until the local exchange company is notified by the
 149-21  department that a consumer is no longer eligible to receive
 149-22  tel-assistance service.
 149-23        Sec. 3.603 <3.353>.  TEL-ASSISTANCE SERVICES; BILLING; RATES.
 149-24  (a)  The local exchange company shall provide tel-assistance
 149-25  service to all eligible consumers within its certificated area in
 149-26  the form of a reduction on each eligible consumer's telephone bill.
 149-27  The reduction shall apply only to the following types of service:
  150-1              (1)  residential flat rate basic local exchange
  150-2  service;
  150-3              (2)  residential local exchange access service; and
  150-4              (3)  residential local area calling usage, except that
  150-5  the reduction for local area calling usage shall be limited to an
  150-6  amount such that together with the reduction for local exchange
  150-7  access service the rate does not exceed the comparable reduced flat
  150-8  rate for the service.
  150-9        (b)  No other local voice service may be provided to the
 150-10  dwelling place of a tel-assistance consumer, nor may single or
 150-11  party line optional extended area service, optional extended area
 150-12  calling service, foreign zone, or foreign exchange service be
 150-13  provided to a tel-assistance consumer.  Nothing in this section
 150-14  shall prohibit a person otherwise eligible to receive
 150-15  tel-assistance service from obtaining and using telecommunications
 150-16  equipment designed to aid such person in utilizing
 150-17  telecommunications services.
 150-18        (c)  The reduction allowed by the telecommunications service
 150-19  assistance program shall be 65 percent of the applicable tariff
 150-20  rate for the service provided.
 150-21        Sec. 3.604 <3.354>.  STATEWIDE TELECOMMUNICATIONS RELAY
 150-22  ACCESS SERVICE FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED.  (a)  The
 150-23  commission shall adopt and enforce rules establishing a statewide
 150-24  telecommunications relay access service for the hearing-impaired
 150-25  and speech-impaired using specialized communications equipment such
 150-26  as telecommunications devices for the deaf (TDD) and operator
 150-27  translations.  The purpose of this section is to provide for the
  151-1  uniform and coordinated provision of the service on a statewide
  151-2  basis by one telecommunications carrier.
  151-3        (b)  Commission rules relating to a statewide
  151-4  telecommunications relay access service for the hearing-impaired
  151-5  and speech-impaired shall provide that:
  151-6              (1)  the service shall provide the hearing-impaired and
  151-7  speech-impaired with access to the telecommunications network in
  151-8  Texas equal to that provided other customers;
  151-9              (2)  the service shall consist of the following:
 151-10                    (A)  switching and transmission of the call;
 151-11                    (B)  verbal and print translations by either live
 151-12  or automated means between hearing-impaired and speech-impaired
 151-13  individuals who use TDD equipment or similar automated devices and
 151-14  others who do not have such equipment; and
 151-15                    (C)  other service enhancements proposed by the
 151-16  carrier and approved by the commission;
 151-17              (3)  the calling or called party shall bear no charge
 151-18  for calls originating and terminating within the same local calling
 151-19  area;
 151-20              (4)  the calling or called party shall bear one-half of
 151-21  the total charges established by contract with the commission for
 151-22  intrastate interexchange calls;
 151-23              (5)  as specified in its contract with the commission,
 151-24  charges related to providing the service which are not borne by a
 151-25  calling or called party pursuant to Subdivisions (3) and (4) of
 151-26  this subsection shall be funded from the universal service fund;
 151-27              (6)  local exchange companies may not impose
  152-1  interexchange carrier access charges on calls which make use of
  152-2  this service and which originate and terminate in the same local
  152-3  calling area;
  152-4              (7)  local exchange companies shall provide billing and
  152-5  collection services in support of this service at just and
  152-6  reasonable rates; and
  152-7              (8)  if the commission orders a local exchange company
  152-8  to provide for a trial telecommunications relay access service for
  152-9  the hearing-impaired or speech-impaired, all pertinent costs and
 152-10  design information from this trial shall be available to the
 152-11  general public.
 152-12        (c)  The commission shall allow telecommunications utilities
 152-13  to recover their universal service fund assessment related to this
 152-14  service through a surcharge which the utility may add to its
 152-15  customers' bills.  The commission shall specify how the amount of
 152-16  the surcharge is to be determined by each utility.  If a utility
 152-17  chooses to impose the surcharge, the bill shall list the surcharge
 152-18  as the "universal service fund surcharge."
 152-19        (d)  The commission shall set the appropriate assessments for
 152-20  the funding of the service by all telecommunications utilities.  In
 152-21  setting the appropriate assessments, the commission shall consider
 152-22  the aggregate calling pattern of the users of the service and all
 152-23  other factors found appropriate and in the public interest by the
 152-24  commission.  The commission shall review the assessments annually
 152-25  and adjust the assessments as found appropriate hereunder.
 152-26        (e)  The commission shall select the telecommunications
 152-27  carrier which will provide the statewide telecommunications relay
  153-1  access service for the hearing-impaired and speech-impaired.  In
  153-2  awarding the contract for this service, the commission shall make a
  153-3  written award of the contract to the offerer whose proposal is the
  153-4  most advantageous to the state, considering price, the interests of
  153-5  the hearing-impaired and speech-impaired community in having access
  153-6  to a high quality and technologically advanced telecommunications
  153-7  system, and all other factors listed in the commission's request
  153-8  for proposals.  The commission shall consider each proposal in a
  153-9  manner that does not disclose the contents of the proposal to
 153-10  competing offerers.  The commission's evaluation of the proposals
 153-11  shall include:
 153-12              (1)  charges for the service;
 153-13              (2)  service enhancements proposed by the offerers;
 153-14              (3)  technological sophistication of the network
 153-15  proposed by the offerers; and
 153-16              (4)  the proposed commencement date for the service.
 153-17        (f)  The telecommunications carrier providing the service
 153-18  shall be compensated for providing such service at rates, terms,
 153-19  and conditions established in its contract with the commission.
 153-20  This compensation may include a return on the investment required
 153-21  to provide the service and compensation for unbillable and
 153-22  uncollectible calls placed through the service, provided that
 153-23  compensation for unbillable and uncollectible calls shall be
 153-24  subject to a reasonable limitation as determined by the commission.
 153-25        (g)  The advisory committee to assist the commission in
 153-26  administering this section is composed of the following persons
 153-27  appointed by the commission:
  154-1              (1)  two deaf persons recommended by the Texas
  154-2  Association of the Deaf;
  154-3              (2)  one hearing-impaired person recommended by
  154-4  Self-Help for the Hard of Hearing;
  154-5              (3)  one hearing-impaired person recommended by the
  154-6  American Association of Retired Persons;
  154-7              (4)  one deaf and blind person recommended by the Texas
  154-8  Deaf/Blind Association;
  154-9              (5)  one speech-impaired person and one speech-impaired
 154-10  and hearing-impaired person recommended by the Coalition of Texans
 154-11  with Disabilities;
 154-12              (6)  two representatives of telecommunications
 154-13  utilities, one representing a nonlocal exchange utility and one
 154-14  representing a local exchange company, chosen from a list of
 154-15  candidates provided by the Texas Telephone Association;
 154-16              (7)  two persons, at least one of whom is deaf, with
 154-17  experience in providing relay services recommended by the Texas
 154-18  Commission for the Deaf and Hearing-Impaired; and
 154-19              (8)  two public members recommended by organizations
 154-20  representing consumers of telecommunications services.
 154-21        (h)  The commission shall appoint advisory committee members
 154-22  based on recommended lists of candidates submitted in accordance
 154-23  with Subdivision (6) of Subsection (g) of this section.  The
 154-24  advisory committee shall monitor the establishment, administration,
 154-25  and promotion of the statewide telecommunications relay access
 154-26  service and advise the commission in pursuing a service which meets
 154-27  the needs of the hearing-impaired and speech-impaired in
  155-1  communicating with other users of telecommunications services.  The
  155-2  terms of office of each member of the advisory committee shall be
  155-3  two years.  A member whose term has expired shall continue to serve
  155-4  until a qualified replacement is appointed.  The members of the
  155-5  advisory committee shall serve without compensation but shall be
  155-6  entitled to reimbursement at rates established for state employees
  155-7  for travel and per diem incurred in the performance of their
  155-8  official duties.  The commission shall reimburse members of the
  155-9  advisory committee in accordance with this subsection and shall
 155-10  provide clerical and staff support to the advisory committee,
 155-11  including a secretary to record the committee meetings.  The
 155-12  commission's costs associated with the advisory committee shall be
 155-13  reimbursed from the universal service fund.
 155-14        Sec. 3.605 <3.355>.  DISTANCE LEARNING ACTIVITIES BY
 155-15  EDUCATIONAL INSTITUTIONS AND INFORMATION SHARING PROGRAMS BY
 155-16  LIBRARIES; REDUCED RATES.   (a)  The commission by rule shall
 155-17  require a dominant carrier to file a tariff containing a reduced
 155-18  rate for a telecommunications service the commission finds is
 155-19  directly related to a distance learning activity that is or could
 155-20  be conducted by an educational institution in this state or an
 155-21  information sharing program that is or could be conducted by a
 155-22  library in this state.
 155-23        (b)  The commission rules shall specify:
 155-24              (1)  the telecommunications services that qualify under
 155-25  this section;
 155-26              (2)  the process by which an educational institution or
 155-27  library qualifies for a reduced rate;
  156-1              (3)  the date by which a dominant carrier shall file a
  156-2  tariff;
  156-3              (4)  guidelines and criteria by which the services and
  156-4  reduced rates shall further the goals stated in Subsection (d) of
  156-5  this section; and
  156-6              (5)  any other requirements, terms, and conditions that
  156-7  the commission determines to be in the public interest.
  156-8        (c)  A tariff filing by a dominant carrier under this
  156-9  section:
 156-10              (1)  shall concern only the implementation of this
 156-11  section;
 156-12              (2)  is not a rate change under Section 3.211 of this
 156-13  Act; and
 156-14              (3)  does not affect any of the carrier's other rates
 156-15  or services.
 156-16        (d)  The services and reduced rates shall be designed to:
 156-17              (1)  encourage the development and offering of distance
 156-18  learning activities by educational institutions or information
 156-19  sharing programs of libraries;
 156-20              (2)  meet the distance learning needs identified by the
 156-21  educational community and the information sharing needs identified
 156-22  by libraries; and
 156-23              (3)  recover the long-run incremental costs of
 156-24  providing the services, to the extent those costs can be
 156-25  identified, so as to avoid subsidizing educational institutions or
 156-26  libraries.
 156-27        (e)  The commission is not required to determine the long-run
  157-1  incremental cost of providing a service before approving a reduced
  157-2  rate for the service.  Until cost determination rules are developed
  157-3  and the rates established under this section are changed as
  157-4  necessary to ensure proper cost recovery, the reduced rates
  157-5  established by the commission shall be equal to 75 percent of the
  157-6  otherwise applicable rate.  After the commission develops cost
  157-7  determination rules for telecommunications services generally, it
  157-8  shall ensure that a reduced rate approved under this section
  157-9  recovers service-specific long-run incremental costs and avoids
 157-10  subsidization.
 157-11        (f)  An educational institution, library, or dominant carrier
 157-12  may at any time request the commission to:
 157-13              (1)  provide for a reduced rate for a service directly
 157-14  related to a distance learning activity or an information sharing
 157-15  program that is not covered by commission rules;
 157-16              (2)  change a rate;
 157-17              (3)  amend a tariff; or
 157-18              (4)  amend a commission rule.
 157-19        (g)  If the commission determines that a change requested
 157-20  under Subsection (f) is appropriate, it shall make the requested
 157-21  change.
 157-22        (h)  In this section:
 157-23              (1)  "Distance learning" means instruction, learning,
 157-24  and training that is transmitted from one site to one or more sites
 157-25  by telecommunications services that are used by an educational
 157-26  institution predominantly for such instruction, learning, or
 157-27  training, including video, data, voice, and electronic information.
  158-1              (2)  "Educational institution" means and includes:
  158-2                    (A)  accredited primary or secondary schools
  158-3  owned or operated by state and local governmental entities or
  158-4  private entities;
  158-5                    (B)  institutions of higher education as defined
  158-6  by Section 61.003, Education Code;
  158-7                    (C)  private institutions of higher education
  158-8  accredited by a recognized accrediting agency as defined by Section
  158-9  61.003(13), Education Code;
 158-10                    (D)  the Central Education Agency, its successors
 158-11  and assigns;
 158-12                    (E)  regional education service centers
 158-13  established and operated pursuant to Sections 11.32 and 11.33,
 158-14  Education Code; and
 158-15                    (F)  the Texas Higher Education Coordinating
 158-16  Board, its successors and assigns.
 158-17              (3)  "Library" means a "public library" or "regional
 158-18  library system" as those terms are defined by Section 441.122,
 158-19  Government Code, or a library operated by an institution of higher
 158-20  education or a school district.
 158-21        Sec. 3.606.  TELECOMMUNICATIONS INFRASTRUCTURE FUND.  (a)  In
 158-22  this section:
 158-23              (1)  "Board" means the Telecommunications
 158-24  Infrastructure Fund Board.
 158-25              (2)  "Fund" means the telecommunications infrastructure
 158-26  fund.
 158-27              (3)  "Institution of higher education" has the meaning
  159-1  assigned by Section 61.003, Education Code, and also includes a
  159-2  "private or independent institution of higher education" as defined
  159-3  by Section 61.003, Education Code.
  159-4              (4)  "Library" means a "public library," or "regional
  159-5  library system" as those terms are defined by Section 441.122,
  159-6  Government Code, or a library operated by an institution of higher
  159-7  education or a school district.
  159-8              (5)  "School district" has the meaning assigned by
  159-9  Section 19.001, Education Code.
 159-10        (b)  The board shall administer the fund.  The board consists
 159-11  of nine members.  Three members are appointed by the governor,
 159-12  three members are appointed by the lieutenant governor, and three
 159-13  members are appointed by the governor from a list of individuals
 159-14  submitted by the speaker of the house of representatives.  Members
 159-15  of the board serve for staggered, six-year terms, with three
 159-16  members' terms expiring on August 31 of each odd-numbered year.
 159-17  The governor shall designate the presiding officer of the board.
 159-18        (c)  The governor and the lieutenant governor, in making
 159-19  their appointments to the board, and the speaker of the house of
 159-20  representatives, in compiling the list of recommended persons,
 159-21  shall attempt to select members who are representative of urban and
 159-22  rural school districts, institutions of higher education,
 159-23  libraries, and the public.  A person may not serve on the board if
 159-24  the person is required to register as a lobbyist under Chapter 305,
 159-25  Government Code, because of the person's activities for
 159-26  compensation on behalf of a profession related to the operation of
 159-27  the board.
  160-1        (d)  Members of the board serve without pay but are entitled
  160-2  to reimbursement for their actual expenses incurred in attending
  160-3  meetings of the board or in  attending to other work of the board
  160-4  if approved by the chairman of the board.
  160-5        (e)  The board is subject to Chapters 551 and 2001,
  160-6  Government Code.  The board is subject to Chapter 325, Government
  160-7  Code (Texas Sunset Act).  Unless continued in existence as provided
  160-8  by that chapter, the advisory board and this section expire
  160-9  September 1, 2001.
 160-10        (f)  The board is authorized to employ any personnel as
 160-11  reasonably necessary to perform duties delegated by the board, and
 160-12  the board may also enter into contracts as are necessary with state
 160-13  agencies or private entities to perform its duties.
 160-14        (g)  The board may appoint any committees as it determines
 160-15  may assist it in performing its duties under this section.
 160-16        (h)  The fund administered by the board is financed by an
 160-17  annual assessment on all telecommunications providers doing
 160-18  business in this state.  Each telecommunications provider shall pay
 160-19  the annual assessment in accordance with the ratio that the annual
 160-20  taxable telecommunications receipts reported by that provider under
 160-21  Chapter 151, Tax Code, bears to the total annual taxable
 160-22  telecommunications receipts reported by all telecommunications
 160-23  providers under Chapter 151, Tax Code.
 160-24        (i)  For the fiscal year beginning September 1, 1995, and for
 160-25  the five fiscal years immediately following, the comptroller shall
 160-26  assess and collect from telecommunications providers a total annual
 160-27  amount of $75 million.  The amount shall be assessed and collected
  161-1  in each year without respect to whether all of the funds previously
  161-2  collected have been disbursed or spent due to lack of demand or
  161-3  otherwise.
  161-4        (j)  The comptroller may require telecommunications providers
  161-5  to provide any reports and information as are needed to fulfill the
  161-6  duties of the comptroller provided by this section.  Any
  161-7  information provided to the comptroller by a telecommunications
  161-8  provider under this section is confidential and exempt from
  161-9  disclosure under Chapter 552, Government Code.
 161-10        (k)  All amounts collected by the comptroller from
 161-11  telecommunications providers under Subsection (h) of this section
 161-12  shall  be deposited in the fund in the state treasury and may be
 161-13  appropriated solely for use by the board consistent with the
 161-14  purposes of this section.  Sections 403.094 and 403.095, Government
 161-15  Code, do not apply to the fund.
 161-16        (l)  From funds appropriated to the board, the comptroller
 161-17  shall issue warrants as requested by the board in accordance with
 161-18  the purposes of this section, including warrants to grantees of the
 161-19  board in amounts  certified by the board to the comptroller.
 161-20        (m)  In addition to any appropriated funds, the board may
 161-21  accept gifts, grants, and donations and use them for the purposes
 161-22  of this section.
 161-23        (n)  The board shall use the fund to award grants and loans,
 161-24  including grants for installation costs, if applicable, on a
 161-25  competitive basis to rural and urban school districts, regional
 161-26  education service centers, institutions of higher education, and
 161-27  libraries recommended to the board by the Central Education Agency,
  162-1  the Texas Higher Education Coordinating Board, or the Texas State
  162-2  Library and Archives Commission.
  162-3        (o)  The board may award grants  to projects and proposals
  162-4  that:
  162-5              (1)  provide equipment and infrastructure needed for
  162-6  distance learning, information sharing programs of libraries, and
  162-7  telemedicine services;
  162-8              (2)  develop and implement the initial or prototypical
  162-9  delivery of courses and other distance learning material;
 162-10              (3)  train teachers, faculty, librarians, or
 162-11  technicians in the use of distance learning or information sharing
 162-12  materials and equipment;
 162-13              (4)  develop curricula and instructional material
 162-14  especially suited for delivery by telecommunications;
 162-15              (5)  provide electronic information; or
 162-16              (6)  establish or carry out information sharing
 162-17  programs.
 162-18        (p)  The board may award loans to projects and proposals to
 162-19  acquire equipment needed for distance learning and telemedicine
 162-20  projects.
 162-21        (q)  In awarding grants  and loans, the board shall give
 162-22  priority to projects and proposals that:
 162-23              (1)  represent collaborative efforts involving multiple
 162-24  schools, universities, or libraries;
 162-25              (2)  contribute matching funds from other sources;
 162-26              (3)  show promise of becoming self-sustaining;
 162-27              (4)  help users of information learn new ways to
  163-1  acquire and use information through telecommunications;
  163-2              (5)  extend specific educational information and
  163-3  knowledge services to groups not previously served, especially
  163-4  those in rural and remote areas;
  163-5              (6)  result in more efficient or effective learning
  163-6  than through conventional teaching;
  163-7              (7)  improve the effectiveness and efficiency of health
  163-8  care delivery; or
  163-9              (8)  take advantage of distance learning opportunities
 163-10  in rural and urban school districts with disproportionate numbers
 163-11  of at-risk youths or with high dropout rates.
 163-12        (r)  The Texas Higher Education Coordinating Board, the
 163-13  Central Education Agency, and the Texas State Library and Archives
 163-14  Commission shall adopt policies and procedures in consultation with
 163-15  the board that are designed to aid the board in achieving the
 163-16  purposes of this section.
 163-17        (s)  In distributing funds to public schools, the board
 163-18  shall take into account the relative property wealth per student of
 163-19  the recipient school districts and recognize the unique needs of
 163-20  rural communities.
 163-21        Sec. 3.607 <3.356>.  RECOVERY OF LOST REVENUES.  A local
 163-22  exchange company is entitled to recover the lost revenue, if any,
 163-23  resulting solely from the provision of tel-assistance service from
 163-24  the universal service fund, the establishment of which is provided
 163-25  for by this Act.
 163-26        Sec. 3.608 <3.357>.  UNIVERSAL SERVICE FUND.  (a)  The
 163-27  commission shall adopt and enforce rules requiring local exchange
  164-1  companies to establish a universal service fund to assist local
  164-2  exchange companies in providing basic local telecommunications
  164-3  service <exchange service> at reasonable rates in high cost rural
  164-4  areas, to reimburse local exchange companies for revenues lost as a
  164-5  result of providing tel-assistance service under this Act, to
  164-6  reimburse the telecommunications carrier providing the statewide
  164-7  telecommunications relay access service for the hearing-impaired
  164-8  and speech-impaired as authorized in Section 3.604 <3.354> of this
  164-9  Act, and to reimburse the Texas Department of Human Services and
 164-10  the commission for costs incurred in implementing the provisions of
 164-11  this subtitle.
 164-12        (b)(1)  For local exchange companies serving fewer than one
 164-13  million access lines, in addition to the authority described by
 164-14  Subsection (a) of this section, the commission may adopt any
 164-15  mechanisms necessary to maintain reasonable rates for local
 164-16  exchange telephone service and shall establish rules that would
 164-17  expand the universal service fund in the circumstances prescribed
 164-18  by this subsection.
 164-19              (2)  In the event of a commission order, rule, or
 164-20  policy, the effect of which is to reduce the amount of the high
 164-21  cost assistance fund, except an order entered in an individual
 164-22  company revenue requirements proceeding, the commission shall
 164-23  implement a mechanism through the universal service fund to replace
 164-24  the reasonably projected reduction in revenues caused by that
 164-25  regulatory action.
 164-26              (3)  In the event of a Federal Communications
 164-27  Commission order, rule, or policy, the effect of which is to change
  165-1  the federal universal service fund revenues of a local exchange
  165-2  company or change costs or revenues assigned to the intrastate
  165-3  jurisdiction, the commission shall implement a mechanism, through
  165-4  either the universal service fund or an increase to rates if that
  165-5  increase would not adversely impact universal service, to replace
  165-6  the reasonably projected change in revenues caused by the
  165-7  regulatory action.
  165-8              (4)  In the event of a commission change in its policy
  165-9  with respect to intraLATA "1+" dialing access, the commission shall
 165-10  implement a mechanism, through either the universal service fund or
 165-11  an increase to rates if that increase would not adversely impact
 165-12  universal service, to replace the reasonably projected reduction in
 165-13  contribution caused by the action.  Contribution for purposes of
 165-14  this subdivision equals average intraLATA long distance message
 165-15  telecommunications service (MTS) revenue, including intraLATA toll
 165-16  pooling and associated impacts, per minute less average MTS cost
 165-17  per minute less the average contribution from switched access times
 165-18  the projected change in intraLATA "1+" minutes of use.
 165-19              (5)  In the event of any other governmental agency
 165-20  issuing an order, rule, or policy, the effect of which is to
 165-21  increase costs or decrease revenues of the intrastate jurisdiction,
 165-22  the commission shall implement a mechanism through either the
 165-23  universal service fund or an increase to rates if that increase
 165-24  would not adversely impact universal service, to replace the
 165-25  reasonably projected increase in costs or decrease in revenues
 165-26  caused by that regulatory action.
 165-27              (6)  A revenue requirement showing is not required with
  166-1  respect to disbursements from the universal service fund under
  166-2  Subsection (a) or (b) of this section.  Those disbursements shall
  166-3  be implemented promptly and efficiently so that telecommunications
  166-4  providers and local exchange companies do not experience
  166-5  unnecessary cash flow changes as a result of these changes in
  166-6  governmental policy.
  166-7        (c)  The universal service fund shall be funded by a
  166-8  statewide uniform charge, at rates and on services determined by
  166-9  the commission, payable by all telecommunications providers
 166-10  <utilities> that have access to the customer base.  In establishing
 166-11  the uniform level of the charge and the services to which it will
 166-12  apply, the commission may not make or grant an unreasonable
 166-13  preference or advantage to a telecommunications provider <utility>
 166-14  or subject a telecommunications provider <utility> to unreasonable
 166-15  prejudice or disadvantage.  The charge shall be paid in accordance
 166-16  with procedures approved by the commission.
 166-17        (d) <(c)>  The commission shall:
 166-18              (1)  establish, in a manner that assures reasonable
 166-19  rates for basic local telecommunications <exchange> service,
 166-20  eligibility criteria and review procedures, including a method for
 166-21  administrative review, it finds necessary for funding of and
 166-22  distribution from <participation in> the universal service fund;
 166-23              (2)  determine which local exchange companies meet the
 166-24  eligibility criteria, which, at a minimum, include the requirement
 166-25  to offer service to every consumer within its certificated area and
 166-26  render continuous and adequate service within the area or areas, in
 166-27  compliance with the commission's quality of service requirements;
  167-1              (3)  determine the amount of and approve a procedure
  167-2  for reimbursement to local exchange companies of revenue lost in
  167-3  providing tel-assistance service under this Act;
  167-4              (4)  prescribe and collect fees from the universal
  167-5  service fund necessary to recover the costs the Texas Department of
  167-6  Human Services and the commission incurred in implementing and
  167-7  administrating the provisions of this subtitle; and
  167-8              (5)  approve procedures for the collection and
  167-9  disbursal of the revenues of the universal service fund.
 167-10        (e) <(d)>  The commission shall adopt rules for the
 167-11  implementation and administration of the universal service fund.
 167-12        (f) <(e)>  The commission may do all things necessary and
 167-13  convenient to implement and administer the universal service fund,
 167-14  including require local exchange companies and other
 167-15  telecommunications providers to provide any reports and information
 167-16  needed to assess contributions to the fund.  All reports and
 167-17  information are confidential and not subject to disclosure under
 167-18  Chapter 552, Government Code.
 167-19        Sec. 3.609 <3.358>.  INTERACTIVE MULTIMEDIA COMMUNICATIONS.
 167-20  (a)  The commission shall permit a local exchange company that
 167-21  provides interactive multimedia communications services to
 167-22  establish rates at levels necessary, using sound ratemaking
 167-23  principles, to recover costs associated with providing the
 167-24  services.  Unless determined by the commission to be in the public
 167-25  interest, a local exchange company may not establish rates under
 167-26  this subsection that are less than the local exchange company's
 167-27  long-run incremental costs of providing the interactive multimedia
  168-1  communications services.
  168-2        (b)  In this section, "interactive multimedia communications"
  168-3  has the meaning assigned by Section 14.0451(a), Education Code, as
  168-4  added by Chapter 868, Acts of the 73rd Legislature, Regular
  168-5  Session, 1993.
  168-6        Sec. 3.610.  REGULATORY TRANSITION FUND.  (a)  The commission
  168-7  shall establish a fund outside the state treasury known as the
  168-8  regulatory transition fund (RTF).  The purposes of the fund are to:
  168-9              (1)  promote affordable universal local exchange
 168-10  telephone service in areas in which no competition exists; and
 168-11              (2)  facilitate the transition from networks
 168-12  established and prices set under monopoly conditions to a
 168-13  competitive market without endangering affordable universal
 168-14  service, while permitting existing facilities based local exchange
 168-15  companies to recover the costs of those networks.
 168-16        (b)  The RTF shall be funded by an assessment on the billed
 168-17  retail revenues of all telecommunications providers in this state
 168-18  except as provided by Subsection (e) of this section.  An
 168-19  assessment may not be made on local exchange telephone service
 168-20  revenues of a holder of a certificate of convenience and necessity,
 168-21  certificate of operating authority, or service provider certificate
 168-22  of operating authority.  The commission shall set the assessment
 168-23  for the next calendar year on or before November 1 of each year.
 168-24        (c)  The RTF shall be administered by the commission, which
 168-25  may retain a competitively neutral administrator for the day-to-day
 168-26  operations of the RTF.  The commission is the trustee of the fund's
 168-27  assets.  The commission may do all things necessary and convenient
  169-1  to implement and administer the RTF, including require local
  169-2  exchange companies and other telecommunications providers to
  169-3  provide any reports and information needed to assess contributions
  169-4  to the fund.  All reports and information are confidential and not
  169-5  subject to disclosure under Chapter 552, Government Code.  The
  169-6  commission shall administer the RTF in a manner to promptly and
  169-7  efficiently collect and transfer funds so that telecommunications
  169-8  providers and local exchange companies do not experience
  169-9  unnecessary cash flow changes as a result of the replacement of
 169-10  access revenues with revenues from the RTF.
 169-11        (d)  A telecommunications provider may impose a surcharge on
 169-12  or increase rates to its retail customers to collect its share of
 169-13  the assessment, except that the surcharge or rate increases may not
 169-14  be imposed on a service if its revenues are not subject to the RTF
 169-15  assessment.
 169-16        (e)  On or before January 1, 1996, each incumbent local
 169-17  exchange company shall inform the commission if the company intends
 169-18  to receive funds from the RTF.  An incumbent local exchange company
 169-19  electing under Subtitle H of this title shall elect to receive
 169-20  funds from the RTF.  In an area as to which a local exchange
 169-21  company that has a certificate of convenience and necessity on
 169-22  September 1, 1995, informs the commission that it will not receive
 169-23  RTF funds, that local exchange company and no other
 169-24  telecommunications provider, including a holder of a certificate of
 169-25  operating authority or service provider certificate of authority,
 169-26  shall  be assessed for revenues arising in that company's
 169-27  certificated area.
  170-1        (f)  Effective July 1, 1996, each local exchange company that
  170-2  has elected to receive RTF funds shall price its intrastate
  170-3  switched access rates at the level of interstate switched access
  170-4  rates as of January 1, 1995.  This subsection does not authorize a
  170-5  local exchange company to establish an end user charge.  A company
  170-6  electing under this section and having fewer than 100,000 access
  170-7  lines in this state shall have the option to price its intrastate
  170-8  switched access rates at the same level as the intrastate switched
  170-9  access rates of a local exchange company having more than five
 170-10  million access lines in this state.  Coincident with this change,
 170-11  the local exchange company shall reprice its intrastate intraLATA
 170-12  toll rates proportionately.  A local exchange company that receives
 170-13  intraLATA toll settlements and that elects under this section shall
 170-14  reprice its intraLATA toll rates at the same level as the intraLATA
 170-15  toll rates of a local exchange company having more than five
 170-16  million access lines in this state.  The amount the company
 170-17  receives from the RTF may not be increased after the repricing
 170-18  required by this subsection except as permitted by Subsection (h)
 170-19  of this section.
 170-20        (g)  The commission shall disburse funds from the RTF on a
 170-21  revenue neutral basis to existing local exchange companies when
 170-22  switched access and intraLATA toll rates have been repriced so that
 170-23  those companies receive an amount from the RTF equal to the net
 170-24  revenue reductions, including any additional settlements that
 170-25  result from those reductions, specified by Subsection (f) of this
 170-26  section for intraLATA toll and access.  In addition, the commission
 170-27  may use funds from the RTF to reimburse the commission for the
  171-1  costs incurred by the commission in implementing and administering
  171-2  this section.
  171-3        (h)  As to companies subject to commission substantive rule
  171-4  16 T.A.C.  Section 23.91, if price changes are required by the
  171-5  commission following the completion of the pricing proceedings, the
  171-6  commission may assess additional amounts to telecommunications
  171-7  providers to fund any revenue reductions caused by those price
  171-8  changes, but that assessment may not exceed the amount of embedded
  171-9  non-traffic sensitive costs that are, at the time of the pricing
 171-10  proceeding, allocated to or recovered from intraLATA toll and
 171-11  switched access for those companies.
 171-12        (i)  The commission shall establish rules and procedures to
 171-13  transitionally reduce RTF receipts for an area or areas of an
 171-14  incumbent local exchange company in which another certificate of
 171-15  convenience and necessity or a certificate of operating authority
 171-16  or service provider certificate of operating authority has been
 171-17  granted.  After the basic local telecommunications service of the
 171-18  incumbent local exchange company has been completely deregulated
 171-19  for a particular geographic market area, receipts for the RTF shall
 171-20  be reduced.  The reduction shall be in proportion to the level of
 171-21  non-traffic sensitive costs recovered from the RTF for that area or
 171-22  areas.  In making this determination, the commission shall take
 171-23  into account the non-traffic sensitive costs incurred in the
 171-24  particular geographic area.  In the alternative, after a new
 171-25  applicant has completed its build-out plan required by Section
 171-26  3.2531 of this Act, the commission may reduce receipts for the RTF
 171-27  for a particular geographic area, even if basic local exchange
  172-1  telecommunications has not been completely deregulated, if the
  172-2  commission orders that the RTF receipt reduction is revenue neutral
  172-3  to the incumbent local exchange company involved.
  172-4        (j)  At the beginning of the fourth and fifth years following
  172-5  the price changes specified by Subsection (f) of this section, and
  172-6  in order to move services toward cost, on application of a local
  172-7  exchange company, the commission may restructure the rates of
  172-8  companies receiving funds from the RTF.  An increase in the
  172-9  revenues from the restructuring in the rates for local exchange
 172-10  service shall be used to reduce a company's receipts from the RTF.
 172-11  In calculating the amount of RTF reduction, a factor of 115 percent
 172-12  of the new revenue generated from a local exchange service increase
 172-13  shall be used.  The commission may not approve a basic local rate
 172-14  increase of more than five percent a year and the resulting rate
 172-15  may not exceed the nationwide average of rates for the same
 172-16  service.
 172-17        (k)  A revenue requirement showing is not required for a
 172-18  receipt of disbursements from the RTF.
 172-19        Sec. 3.611 <3.359>.  SEVERABILITY.  If this subtitle
 172-20  conflicts with another provision of this Act, this subtitle
 172-21  prevails.
 172-22          SUBTITLE O <I>.  AUTOMATIC DIAL ANNOUNCING DEVICES
 172-23        Sec. 3.651 <3.401>.  DEFINITIONS.  In this subtitle:
 172-24              (1)  "Automated dial announcing device" or "ADAD" means
 172-25  automated equipment used for telephone solicitation or collection
 172-26  that is capable:
 172-27                    (A)  of storing telephone numbers to be called or
  173-1  that has a random or sequential number generator capable of
  173-2  producing numbers to be called; and
  173-3                    (B)  alone or in conjunction with other
  173-4  equipment, of conveying a prerecorded or synthesized voice message
  173-5  to the number called without the use of a live operator.
  173-6              (2)  "LEC" means a local exchange company, as that term
  173-7  is defined by Section 3.002 <3.001> of this Act.
  173-8        Sec. 3.652 <3.402>.  EXEMPTIONS.  This subtitle does not
  173-9  apply to the use of an ADAD to make a telephone call:
 173-10              (1)  relating to an emergency or a public service under
 173-11  a program developed or approved by the emergency management
 173-12  coordinator of the county in which the call was received; or
 173-13              (2)  made by a public or private primary or secondary
 173-14  school system to locate or account for a truant student.
 173-15        Sec. 3.653 <3.403>.  REQUIREMENTS FOR OPERATION OF ADAD.
 173-16  (a)  A person may not operate an ADAD to make a telephone call if
 173-17  the device plays a recorded message when a connection is completed
 173-18  to a telephone number unless:
 173-19              (1)  the person has obtained a permit from the
 173-20  commission and given written notice specifying the type of device
 173-21  to each telecommunications utility over whose system the device is
 173-22  to be used;
 173-23              (2)  the device is not used for random number dialing
 173-24  or to dial numbers determined by successively increasing or
 173-25  decreasing integers;
 173-26              (3)  the message states during the first 30 seconds of
 173-27  the call the nature of the call, the identity of the person,
  174-1  company, or organization making the call, and the telephone number
  174-2  from which the call was made, provided, however, that if an ADAD is
  174-3  used for debt collection purposes and the use complies with
  174-4  applicable federal law and regulations, and the ADAD is used by a
  174-5  live operator for automatic dialing or hold announcement purposes,
  174-6  the use complies with this subdivision;
  174-7              (4)  the device disconnects from the called person's
  174-8  line not later than 30 seconds after the call is terminated by
  174-9  either party or, if the device cannot disconnect within that
 174-10  period, a live operator introduces the call and receives the oral
 174-11  consent of the called person before beginning a prerecorded or
 174-12  synthesized voice message; <and>
 174-13              (5)  the device, when used for solicitation purposes,
 174-14  has a message shorter than one minute or has the technical capacity
 174-15  to recognize a telephone answering device on the called person's
 174-16  line and terminates the call within one minute; and
 174-17              (6)  for calls terminating in this state, the device is
 174-18  not used to make a call:
 174-19                    (A)  before noon or after 9 p.m. on a Sunday or
 174-20  before 9 a.m. or after 9 p.m. on a weekday or a Saturday, if the
 174-21  device is used for solicitation; or
 174-22                    (B)  at an hour at which collection calls would
 174-23  be prohibited under the federal Fair Debt Collection Practices Act
 174-24  (15 U.S.C. Section 1692 et seq.), if the device is used for
 174-25  collection purposes.
 174-26        (b)  In addition to the requirements prescribed by Subsection
 174-27  (a) of this section, if during the call a cross-promotion or
  175-1  reference to a pay-per-call information service is made, the call
  175-2  shall include:
  175-3              (1)  a statement that a charge will be incurred by a
  175-4  caller who makes a call to a pay-per-call information services
  175-5  telephone number;
  175-6              (2)  the amount of the flat-rate or cost-per-minute
  175-7  charge that will be incurred or the amount of both if both charges
  175-8  will be incurred; and
  175-9              (3)  the estimated amount of time required to receive
 175-10  the entire information offered by the service during a call.
 175-11        (c)  In this section, "pay-per-call information service"
 175-12  means a service that allows a caller to dial a specified "900" or
 175-13  "976" number to call a service that routinely delivers, for a
 175-14  predetermined and sometimes time-sensitive fee, a prerecorded or
 175-15  live message or interactive program.
 175-16        Sec. 3.654 <3.404>.  INVESTIGATION OF COMPLAINTS; VIOLATIONS;
 175-17  DISCONNECTION OF SERVICE.  (a)  The commission shall investigate
 175-18  complaints relating to the use of an ADAD and enforce this
 175-19  subtitle.
 175-20        (b)  If the commission or a court determines that a person
 175-21  has violated this subtitle, the commission or court shall require a
 175-22  telecommunications utility to disconnect service to the person.
 175-23  The telecommunications utility may reconnect service to the person
 175-24  only on a determination by the commission that the person will
 175-25  comply with this subtitle.  The utility shall give notice to the
 175-26  person using the device of its intent to disconnect service not
 175-27  later than the third day before the date of the disconnection,
  176-1  except that if the device is causing network congestion or
  176-2  blockage, the notice may be given on the day before the date of
  176-3  disconnection.
  176-4        (c)  A telecommunications utility may, without an order by
  176-5  the commission or a court, disconnect or refuse to connect service
  176-6  to a person using or intending to use an ADAD if the utility
  176-7  determines that the device would cause or is causing network harm.
  176-8        Sec. 3.655 <3.405>.  APPLICATION FOR PERMIT TO OPERATE ADAD.
  176-9  (a)  An application for a permit to use one or more ADADs must be
 176-10  made using the form prescribed by the commission and must be
 176-11  accompanied by a fee in a reasonable amount computed to cover the
 176-12  enforcement cost to the commission, but not to exceed $500, as
 176-13  determined by the commission.  A permit is valid for one year after
 176-14  its effective date.  Subject to Subsection (c) of this section, a
 176-15  permit may be renewed annually by making the filing required by
 176-16  this section and paying a filing fee of not more than $100, as
 176-17  determined by the commission.  The proceeds of the fees shall be
 176-18  deposited to the credit of the general revenue fund.
 176-19        (b)  Each application for the issuance or renewal of a permit
 176-20  under this section must contain the telephone number of each ADAD
 176-21  that will be used and the physical address from which the ADAD will
 176-22  operate.  If the telephone number of an ADAD or the physical
 176-23  address from which the ADAD operates changes, the owner or operator
 176-24  of the ADAD shall notify the commission by certified mail of each
 176-25  new number or address not later than the 48th hour before the hour
 176-26  at which the ADAD will begin operating with the new telephone
 176-27  number or at the new address.  If the owner or operator of an ADAD
  177-1  fails to notify the commission as required by this subsection
  177-2  within the period prescribed by this subsection, the permit is
  177-3  automatically invalid.
  177-4        (c)  In determining if a permit should be issued or renewed,
  177-5  the commission shall consider the compliance record of the owner or
  177-6  operator of the ADAD.  The commission may deny an application for
  177-7  the issuance or renewal of a permit because of the applicant's
  177-8  compliance record.
  177-9        (d)  The commission shall provide to an LEC on request a copy
 177-10  of a permit issued under this section and of any changes relating
 177-11  to the permit.
 177-12        (e)  An LEC that receives a complaint relating to the use of
 177-13  an ADAD shall send the complaint to the commission.  The commission
 177-14  by rule shall prescribe the procedures and requirements for sending
 177-15  a complaint to the commission.
 177-16        Sec. 3.656 <3.406>.  VIOLATIONS; PENALTIES.  (a)  A person
 177-17  who owns or operates an ADAD and who operates the ADAD without a
 177-18  valid permit or with an expired permit or who operates the ADAD in
 177-19  violation of this subtitle or a commission rule or order is subject
 177-20  to an administrative penalty of not more than $1,000 for each day
 177-21  or portion of a day during which the ADAD was operating in
 177-22  violation of this section.
 177-23        (b)  The administrative penalty authorized by this section is
 177-24  civil in nature and is cumulative of any other penalty provided by
 177-25  law.
 177-26        (c)  The commission by rule shall prescribe the procedures
 177-27  for assessing an administrative penalty under this section.  The
  178-1  procedures shall require proper notice and hearing in accordance
  178-2  with Chapter 2001, Government Code.
  178-3        (d)  A person may appeal the final order of the commission
  178-4  under Chapter 2001, Government Code, using the substantial evidence
  178-5  rule on appeal.
  178-6        (e)  The proceeds of administrative penalties collected under
  178-7  this section shall be deposited to the credit of the general
  178-8  revenue fund.
  178-9        Sec. 3.657 <3.407>.  REVOCATION OF PERMIT; OFFENSES.
 178-10  (a)  The commission may revoke a permit issued under this subtitle
 178-11  for failure to comply with this subtitle.
 178-12        (b)  A person commits an offense if the person owns or
 178-13  operates an ADAD that the person knows is operating in violation of
 178-14  this subtitle.  An offense under this subsection is a Class A
 178-15  misdemeanor.
 178-16        Sec. 3.658 <3.408>.  RULEMAKING AUTHORITY.  The commission
 178-17  may adopt any rules necessary to carry out its powers and duties
 178-18  under this subtitle.
 178-19        Sec. 3.659 <3.409>.  COMPLIANCE WITH CONSUMERS' REQUESTS NOT
 178-20  TO BE CALLED.  Every telephone solicitor operating in this state
 178-21  who makes consumer telephone calls subject to Section 37.02 of the
 178-22  Business & Commerce Code shall implement in-house systems and
 178-23  procedures so that every effort is made not to call consumers who
 178-24  ask not to be called again.  The commission is granted all
 178-25  necessary power and authority to enforce the provisions of this
 178-26  section.
 178-27        Sec. 3.660 <3.410>.  NOTICE TO CONSUMER OF PROVISIONS OF
  179-1  CHAPTER 37 OF THE BUSINESS & COMMERCE CODE AND SECTION 3.659
  179-2  <3.409>.  The commission by rule shall require that a local
  179-3  exchange company or telephone cooperative inform its customers of
  179-4  the provisions of Chapter 37 of the Business & Commerce Code and
  179-5  Section 3.659 <3.409> of this Act by:
  179-6              (1)  inserting the notice annually in the billing
  179-7  statement mailed to a customer; or
  179-8              (2)  publishing the notice in the consumer information
  179-9  pages of its local telephone directory.
 179-10        SECTION 47.  (a)  Subchapter D, Chapter 74, Property Code, is
 179-11  amended by adding Section 74.3011 to read as follows:
 179-12        Sec. 74.3011.  DELIVERY OF MONEY TO RURAL SCHOLARSHIP FUND.
 179-13  (a)  Notwithstanding and in addition to any other provision of this
 179-14  chapter or other law, a local telephone exchange company may
 179-15  deliver reported money to a scholarship fund for rural students
 179-16  instead of delivering the money to the state treasurer as
 179-17  prescribed by Section 74.301.
 179-18        (b)  A local telephone exchange company may deliver the money
 179-19  under this section only to a scholarship fund established by one or
 179-20  more local telephone exchange companies in this state to enable
 179-21  needy students from rural areas to attend college, technical
 179-22  school, or another postsecondary educational institution.
 179-23        (c)  A local telephone exchange company shall file with the
 179-24  state treasurer a verification of money delivered under this
 179-25  section that complies with Section 74.302.
 179-26        (d)  A claim for money delivered to a scholarship fund under
 179-27  this section must be filed with the local telephone exchange
  180-1  company that delivered the money.  The local telephone exchange
  180-2  company shall forward the claim to the administrator of the
  180-3  scholarship fund to which the money was delivered.  The scholarship
  180-4  fund shall pay the claim if the fund determines in good faith that
  180-5  the claim is valid.  A person aggrieved by a claim decision may
  180-6  file a suit against the fund in a district court in the county in
  180-7  which the administrator of the scholarship fund is located in
  180-8  accordance with Section 74.506.
  180-9        (e)  The state treasurer shall prescribe forms and procedures
 180-10  governing this section, including forms and procedures relating to:
 180-11              (1)  notice of presumed abandoned property;
 180-12              (2)  delivery of reported money to a scholarship fund;
 180-13  and
 180-14              (3)  filing of a claim.
 180-15        (f)  In this section, "local telephone exchange company"
 180-16  means a telecommunications utility certificated to provide local
 180-17  exchange service within the state and that is a telephone
 180-18  cooperative or has fewer than 50,000 access lines in service in
 180-19  this state.
 180-20        (g)  During a state fiscal year, the total amount of money
 180-21  that may be transferred by all local telephone exchange companies
 180-22  under this section may not exceed $400,000. The state treasury
 180-23  shall keep a record of the total amount of money transferred
 180-24  annually. When the total amount of money transferred during a state
 180-25  fiscal year equals the amount allowed by this subsection, the
 180-26  treasury shall notify each local telephone exchange company that
 180-27  the company may not transfer any additional money to the company's
  181-1  scholarship fund during the remainder of that state fiscal year.
  181-2        (b)  Section 74.3011, Property Code, as added by this Act,
  181-3  applies only to money that a local telephone exchange company would
  181-4  otherwise be required to deliver to the state treasurer on or after
  181-5  the effective date of this Act.  Money that was required to be
  181-6  delivered to the state treasurer before the effective date of this
  181-7  Act is governed by the law in effect when the money was required to
  181-8  be delivered, and that law is continued in effect for that purpose.
  181-9        SECTION 48.  (a)  Subchapter D, Chapter 74, Property Code, is
 181-10  amended by adding Section 74.3012 to read as follows:
 181-11        Sec. 74.3012. DELIVERY OF MONEY TO URBAN SCHOLARSHIP FUND.
 181-12  (a)  Notwithstanding and in addition to any other provision of this
 181-13  chapter or other law, a local exchange company may deliver reported
 181-14  money to a scholarship fund for urban students instead of
 181-15  delivering the money to the state treasurer as prescribed by
 181-16  Section 74.301.
 181-17        (b)  A local exchange company may deliver the money under
 181-18  this section only to a scholarship fund established by one or more
 181-19  local exchange companies in this state to enable needy students
 181-20  from urban areas to attend college, technical school, or another
 181-21  postsecondary educational institution.
 181-22        (c)  A local exchange company shall file with the state
 181-23  treasurer a verification of money delivered under this section that
 181-24  complies with Section 74.302.
 181-25        (d)  A claim for money delivered to a scholarship fund under
 181-26  this section must be filed with the local exchange company that
 181-27  delivered the money. The local exchange company shall forward the
  182-1  claim to the administrator of the scholarship fund to which the
  182-2  money was delivered. The scholarship fund shall pay the claim if
  182-3  the fund determines in good faith that the claim is valid. A person
  182-4  aggrieved by a claim decision may file a suit against the fund in a
  182-5  district court in the county in which the administrator of the
  182-6  scholarship fund is located in accordance with Section 74.506.
  182-7        (e)  The state treasurer shall prescribe forms and procedures
  182-8  governing this section, including forms and procedures relating to:
  182-9              (1)  notice of presumed abandoned property;
 182-10              (2)  delivery of reported money to a scholarship fund;
 182-11  and
 182-12              (3)  filing of a claim.
 182-13        (f)  In this section, "local exchange company" means a
 182-14  telecommunications utility certificated to provide local exchange
 182-15  telephone service within the state and that has 50,000 or more
 182-16  access lines in service in this state and is not a telephone
 182-17  cooperative.
 182-18        (g)  During the 1995-1996 fiscal year, the total amount of
 182-19  money that may be transferred by all local exchange companies under
 182-20  this section may not exceed $400,000. During each subsequent state
 182-21  fiscal year, the total amount of money that may be transferred by
 182-22  all local exchange companies under this section may not exceed the
 182-23  total amount of money transferred to rural scholarship funds under
 182-24  Section 74.3011 during the previous state fiscal year. The state
 182-25  treasury shall keep a record of the total amount of money
 182-26  transferred annually. If the total amount of money transferred
 182-27  during a state fiscal year equals the amount allowed by this
  183-1  subsection, the treasury shall notify each local exchange company
  183-2  that the company may not transfer any additional money to the
  183-3  company's scholarship fund during the remainder of that state
  183-4  fiscal year.
  183-5        (b)  Section 74.3012, Property Code, as added by this Act,
  183-6  applies only to money that a local exchange company would otherwise
  183-7  be required to deliver to the state treasurer on or after the
  183-8  effective date of this Act. Money that was required to be delivered
  183-9  to the state treasurer before the effective date of this Act is
 183-10  governed by the law in effect when the money was required to be
 183-11  delivered, and that law is continued in effect for that purpose.
 183-12        SECTION 49.  As soon as possible after the effective date of
 183-13  this Act, the governor and lieutenant governor shall appoint the
 183-14  members of the Telecommunications Infrastructure Fund Board created
 183-15  by Section 3.606, Public Utility Regulatory Act of 1995, as enacted
 183-16  by S.B. 319, Acts of the 74th Legislature, Regular Session, 1995,
 183-17  as added by this Act.  The governor shall appoint two members with
 183-18  terms expiring on August 31, 1997, two members with terms expiring
 183-19  on August 31, 1999, and two members with terms expiring on August
 183-20  31, 2001.  The terms of the members appointed from the list
 183-21  provided by the speaker of the house of representatives must be
 183-22  staggered so that the terms of one-third of those appointees expire
 183-23  every odd-numbered year.  The lieutenant governor shall appoint one
 183-24  member with a term expiring on August 31, 1997, one member with a
 183-25  term expiring on August 31, 1999, and one member with a term
 183-26  expiring on August 31, 2001.
 183-27        SECTION 50.  All laws or parts of laws in conflict with this
  184-1  Act are repealed effective September 1, 1995.
  184-2        SECTION 51.  (a)  This Act takes effect September 1, 1995.
  184-3        (b)  Section 3.2555, Public Utility Regulatory Act of 1995,
  184-4  as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  184-5  Session, 1995, as added by this Act, applies only to a franchise or
  184-6  contract entered into or amended on or after September 1, 1995.  A
  184-7  franchise or contract entered into before September 1, 1995, and
  184-8  not amended on or after that date is governed by the law in effect
  184-9  when the contract was entered into or last amended, and that law is
 184-10  continued in effect for that purpose.
 184-11        (c)  Section 3.304(a)(3)(A)(i), Public Utility Regulatory Act
 184-12  of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
 184-13  Regular Session, 1995, as amended by this Act, applies only to a
 184-14  petition filed on or after April 15, 1995. A petition filed before
 184-15  April 15, 1995, is governed by the law in effect when the petition
 184-16  was filed, and that law is continued in effect for that purpose.
 184-17        SECTION 52.  The importance of this legislation and the
 184-18  crowded condition of the calendars in both houses create an
 184-19  emergency and an imperative public necessity that the
 184-20  constitutional rule requiring bills to be read on three several
 184-21  days in each house be suspended, and this rule is hereby suspended.