74R10206 CBH-F
          By Seidlits, et al.                                   H.B. No. 2128
          Substitute the following for H.B. No. 2128:
          By Black                                          C.S.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>.
   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 A, Title III, 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 to read as follows:
   2-27                    SUBTITLE A.  GENERAL PROVISIONS
    3-1        Sec. 3.001.  POLICY.  The legislature finds that significant
    3-2  changes have occurred in telecommunications since this Act was
    3-3  initially adopted.  The legislature hereby finds that it is the
    3-4  policy of this state to promote diversity of providers and
    3-5  interconnectivity and to encourage a fully competitive
    3-6  telecommunications marketplace while protecting and maintaining the
    3-7  wide availability of high quality telecommunications services at
    3-8  affordable rates.  These goals are best achieved by legislation
    3-9  that brings telecommunications regulation into the modern era by
   3-10  guaranteeing the affordability of basic telephone service in a
   3-11  competitively neutral manner, while fostering free market
   3-12  competition within the telecommunications industry.  The
   3-13  legislature further finds that the technological advancements,
   3-14  advanced telecommunications infrastructure, and increased customer
   3-15  choices for telecommunications services generated by a truly
   3-16  competitive market will raise the living standards of all Texans by
   3-17  enhancing economic development and improving the delivery of
   3-18  education, health, and other public and private services and
   3-19  therefore play a critical role in Texas' economic future.  It is
   3-20  the policy of this state to require the commission to do those
   3-21  things necessary to enhance the development of competition by
   3-22  adjusting regulation to match the degree of competition in the
   3-23  marketplace, thereby reducing the cost and burden of regulation and
   3-24  maintaining protection of markets that are not competitive.  It is
   3-25  further the policy of this state to ensure that high quality
   3-26  telecommunications services are available, accessible, and usable
   3-27  by individuals with disabilities, unless making the services
    4-1  available, accessible, or usable would result in an undue burden,
    4-2  including unreasonable cost or technical feasibility, or would have
    4-3  an adverse competitive effect.  However, the legislature recognizes
    4-4  that the strength of competitive forces vary widely between markets
    4-5  and products and services.  Therefore, to foster, encourage, and
    4-6  accelerate the continuing development and emergence of a
    4-7  competitive and advanced  telecommunications environment and
    4-8  infrastructure, the legislature declares that new rules, policies,
    4-9  and principles be formulated and applied to protect the public
   4-10  interest.
   4-11        Sec. 3.002.  DEFINITIONS.  In this title:
   4-12              (1)  "Basic local telecommunications service" means:
   4-13                    (A)  flat rate residential and business local
   4-14  exchange telephone service, including primary directory listings;
   4-15                    (B)  tone dialing service;
   4-16                    (C)  access to operator services;
   4-17                    (D)  access to directory assistance services;
   4-18                    (E)  access to 911 service where provided by a
   4-19  local authority or dual party relay service;
   4-20                    (F)  the ability to report service problems seven
   4-21  days a week;
   4-22                    (G)  lifeline and tel-assistance services; and
   4-23                    (H)  any other service the commission, after a
   4-24  hearing, determines should be included in basic local
   4-25  telecommunications service.
   4-26              (2)  "Dominant carrier" means:
   4-27                    (A)  a provider of any particular communication
    5-1  service which is provided in whole or in part over a telephone
    5-2  system who as to such service has sufficient market power in a
    5-3  telecommunications market as determined by the commission to enable
    5-4  such provider to control prices in a manner adverse to the public
    5-5  interest for such service in such market; <and>
    5-6                    (B)  any provider who provided <of> local
    5-7  exchange telephone service within a certificated exchange area on
    5-8  September 1, 1995, as to such service and as to any other service
    5-9  for which a competitive alternative is not available in a
   5-10  particular geographic market; and
   5-11                    (C)  any provider of local exchange telephone
   5-12  service within a certificated exchange area as to intraLATA long
   5-13  distance message telecommunications service originated by dialing
   5-14  the access code "1+" so long as the use of that code for the
   5-15  origination of "1+" intraLATA calls within its certificated
   5-16  exchange area is exclusive to that provider.  A telecommunications
   5-17  market shall be statewide until January 1, 1985.  After this date
   5-18  the commission may, if it determines that the public interest will
   5-19  be served, establish separate markets within the state.  The <Prior
   5-20  to January 1, 1985, the> commission shall hold such hearings and
   5-21  require such evidence as is necessary to carry out the public
   5-22  purpose of this Act and to determine the need and effect of
   5-23  establishing separate markets.  Any such provider determined to be
   5-24  a dominant carrier as to a particular telecommunications service in
   5-25  a market may not be presumed to be a dominant carrier of a
   5-26  different telecommunications service in that market.  The term does
   5-27  not include an interexchange carrier that is not a certificated
    6-1  local exchange company, with respect to interexchange services.
    6-2              (3)  "Least cost technology" means the technology, or
    6-3  mix of technologies, that would be chosen in the long run as the
    6-4  most economically efficient choice, provided that the choice of
    6-5  least cost technologies is:
    6-6                    (A)  restricted to technologies that are
    6-7  currently available on the market and for which vendor prices can
    6-8  be obtained;
    6-9                    (B)  consistent with the level of output
   6-10  necessary to satisfy current demand levels for all services using
   6-11  the basic network function in question; and
   6-12                    (C)  consistent with overall network design and
   6-13  topology requirements.
   6-14              (4) <(2)>  "Local exchange company" means a
   6-15  telecommunications utility that has been granted either a
   6-16  certificate of convenience and necessity or a certificate of
   6-17  operating authority <certificated> to provide local exchange
   6-18  telephone service, basic local telecommunications service, or
   6-19  switched access service within the state.
   6-20              (5)  "Local exchange telephone service" means
   6-21  telecommunications service provided within an exchange to establish
   6-22  connections between customer premises within the exchange,
   6-23  including connections between a customer premises and a long
   6-24  distance provider serving the exchange.  The term includes tone
   6-25  dialing, service connection charges, and directory assistance
   6-26  services when offered in connection with basic local
   6-27  telecommunications service and interconnection with other service
    7-1  providers.  The term does not include the following services,
    7-2  whether offered on an intraexchange or interexchange basis:
    7-3                    (A)  central office-based PBX-type services for
    7-4  systems of 75 stations or more;
    7-5                    (B)  billing and collection services;
    7-6                    (C)  high-speed private line services of 1.544
    7-7  megabits or greater;
    7-8                    (D)  customized services;
    7-9                    (E)  private line and virtual private line
   7-10  services;
   7-11                    (F)  resold or shared local exchange telephone
   7-12  services if permitted by tariff;
   7-13                    (G)  dark fiber services;
   7-14                    (H)  non-voice data transmission service when
   7-15  offered as a separate service and not as a component of basic local
   7-16  telecommunications service;
   7-17                    (I)  dedicated or virtually dedicated access
   7-18  services; and
   7-19                    (J)  any other service the commission declares is
   7-20  not a "local exchange telephone service."
   7-21              (6)  "Long run incremental cost" or "LRIC" has the
   7-22  meaning assigned by the commission in 16 T.A.C. Section 23.91.
   7-23              (7)  "Pricing flexibility" includes customer specific
   7-24  contracts, volume, term, and discount pricing, zone density
   7-25  pricing, packaging of services, and other promotional pricing
   7-26  flexibility.  Discounts and other forms of pricing flexibility may
   7-27  not be preferential, prejudicial, or discriminatory.
    8-1              (8) <(3)>  "Public utility" or "utility" means any
    8-2  person, corporation, river authority, cooperative corporation, or
    8-3  any combination thereof, other than a municipal corporation, or
    8-4  their lessees, trustees, and receivers, now or hereafter owning or
    8-5  operating for compensation in this state equipment or facilities
    8-6  for the conveyance, transmission, or reception of communications
    8-7  over a telephone system as a dominant carrier (hereinafter
    8-8  "telecommunications utility").   A person or  corporation not
    8-9  otherwise a public utility within the meaning of this Act may not
   8-10  be deemed such solely because of the furnishing or furnishing and
   8-11  maintenance of a private system or the manufacture, distribution,
   8-12  installation, or maintenance of customer premise communications
   8-13  equipment and accessories.  Except as provided by Sections 3.605,
   8-14  3.606, 3.608, and 3.610 of this Act, nothing <Nothing> in this Act
   8-15  shall be construed to apply to companies whose only form of
   8-16  business is being telecommunications managers, companies that
   8-17  administer central office-based or customer-based PBX-type
   8-18  sharing/resale arrangements as their only form of business,
   8-19  telegraph services, television stations, radio stations, community
   8-20  antenna television services, <or> radio-telephone services that may
   8-21  be authorized under the Public Mobile Radio Services rules of the
   8-22  Federal Communications Commission, or commercial mobile radio
   8-23  service ("CMRS") providers, under Sections 3(n) and 322 of the
   8-24  Federal Communications Commission rules, the Communications Act of
   8-25  1934 (47 U.S.C. Section 151 et seq.), and the Omnibus Budget
   8-26  Reconciliation Act of 1993, other than such radio-telephone
   8-27  services provided by wire-line telephone companies under the
    9-1  Domestic Public Land Mobile Radio Service and Rural Radio Service
    9-2  rules of the Federal Communications Commission.  Interexchange
    9-3  telecommunications carriers (including resellers of interexchange
    9-4  telecommunications services), specialized communications common
    9-5  carriers, other resellers of communications, other communications
    9-6  carriers who convey, transmit, or receive communications in whole
    9-7  or in part over a telephone system, <and> providers of operator
    9-8  services as defined in Section 3.052(a) of this Act (except that
    9-9  subscribers to customer-owned pay telephone service may not be
   9-10  deemed to be telecommunications utilities), and separated affiliate
   9-11  and electronic publishing joint ventures as defined by Subtitle L
   9-12  of this title are also telecommunications utilities, but the
   9-13  commission's regulatory authority as to them is only as hereinafter
   9-14  defined.  The term "public utility" or "utility" does not include
   9-15  any person or corporation not otherwise a public utility that
   9-16  furnishes the services or commodity described in this section only
   9-17  to itself, its employees, or its tenants as an incident of such
   9-18  employee service or tenancy, when such service or commodity is not
   9-19  resold to or used by others.
   9-20              (9) <(4)>  "Separation" means the division of plant,
   9-21  revenues, expenses, taxes, and reserves, applicable to exchange or
   9-22  local service where such items are used in common for providing
   9-23  public utility service to both local exchange telephone service and
   9-24  other service, such as interstate or intrastate toll service.
   9-25              (10)  "Telecommunications provider" means a
   9-26  certificated telecommunication utility, a shared tenant service
   9-27  provider, a non-dominant carrier of telecommunications services,
   10-1  provider of radio-telephone service authorized under the Commercial
   10-2  Mobile Radio Service under Sections 3(n) and 322 of Federal
   10-3  Communications Commission rules, the Communications Act of 1934 (47
   10-4  U.S.C. Section 151 et seq.), and the Omnibus Budget Reconciliation
   10-5  Act of 1993, a telecommunications entity that provides central
   10-6  office-based PBX-type sharing or resale arrangements, an
   10-7  interexchange telecommunications carrier, a specialized common
   10-8  carrier, a reseller of communications, a provider of operator
   10-9  services, a provider of customer-owned pay telephone service, and
  10-10  other persons or entities that the commission may from time to time
  10-11  find provide telecommunications services to customers in this
  10-12  state.  The term does not include a provider of enhanced or
  10-13  information services, or another user of telecommunications
  10-14  services, who does not also provide telecommunications services.
  10-15              (11)  "Tier 1 local exchange company" means a Tier 1
  10-16  local exchange company as defined by the Federal Communications
  10-17  Commission.
  10-18        SECTION 6.  Section 3.051, Public Utility Regulatory Act of
  10-19  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  10-20  Session, 1995, is amended by amending Subsections (a), (c)-(f),
  10-21  (j), and (l)-(q) and adding Subsections (r) and (s) to read as
  10-22  follows:
  10-23        (a)  It is the policy of this state to protect the public
  10-24  interest in having adequate and efficient telecommunications
  10-25  service available to all citizens of the state at just, fair, and
  10-26  reasonable rates.  The legislature finds that the
  10-27  telecommunications industry through technical advancements, federal
   11-1  legislative, judicial, and administrative actions, and the
   11-2  formulation of new telecommunications enterprises has become and
   11-3  will continue to be in many and growing areas a competitive
   11-4  industry which does not lend itself to traditional public utility
   11-5  regulatory rules, policies, and principles and that, therefore, the
   11-6  public interest requires that new rules, policies, and principles
   11-7  be formulated and applied to protect the public interest and to
   11-8  provide equal opportunity to all telecommunications utilities in a
   11-9  competitive marketplace.  It is the purpose of this section to
  11-10  grant to the commission the authority and the power under this Act
  11-11  to carry out the public policy herein stated.
  11-12        (c)  Except as provided by Subsections (l) and (m) of this
  11-13  section and Section 3.052 of this Act, the commission shall only
  11-14  have the following jurisdiction over all telecommunications
  11-15  utilities who are not dominant carriers:
  11-16              (1)  to require registration as provided in Subsection
  11-17  (d) of this section;
  11-18              (2)  to conduct such investigations as are necessary to
  11-19  determine the existence, impact, and scope of competition in the
  11-20  telecommunications industry, including identifying dominant
  11-21  carriers in the local exchange and intralata interexchange
  11-22  telecommunications industry and defining the telecommunications
  11-23  market or markets, and in connection therewith may call and hold
  11-24  hearings, issue subpoenas to compel the attendance of witnesses and
  11-25  the production of papers and documents, and make findings of fact
  11-26  and decisions with respect to administering the provisions of this
  11-27  Act or the rules, orders, and other actions of the commission;
   12-1              (3)  to require the filing of such reports as the
   12-2  commission may direct from time to time;
   12-3              (4)  to require the maintenance of statewide average
   12-4  rates or prices of telecommunications service;
   12-5              (5)  to require that every local exchange area have
   12-6  access to local and interexchange telecommunications service,
   12-7  except that a <an interexchange> telecommunications utility
   12-8  <carrier> must be allowed to discontinue service to a local
   12-9  exchange area if comparable service is available in the area and
  12-10  the discontinuance is not contrary to the public interest; this
  12-11  section does not authorize the commission to require a <an
  12-12  interexchange> telecommunications utility <carrier> that has not
  12-13  provided services to a local exchange area during the previous 12
  12-14  months and that has never provided services to that same local
  12-15  exchange area for a cumulative period of one year at any time in
  12-16  the past to initiate services to that local exchange area; and
  12-17              (6)  to require the quality of <interexchange>
  12-18  telecommunications service provided in each exchange to be adequate
  12-19  to protect the public interest and the interests of customers of
  12-20  that exchange if the commission determines that service to a local
  12-21  exchange has deteriorated to the point that <long distance> service
  12-22  is not reliable.
  12-23        (d)  All providers of communications service described in
  12-24  Subsection (c) of this section who commence such service to the
  12-25  public shall register with the commission within 30 days of
  12-26  commencing service.  Such registration shall be accomplished by
  12-27  filing with the commission a description of the location and type
   13-1  of service provided, the price <cost> to the public of such
   13-2  service, and such other registration information as the commission
   13-3  may direct.  Notwithstanding any other provision of this Act, an
   13-4  interexchange telecommunications utility <carrier> doing business
   13-5  in this state shall continue to maintain on file with the
   13-6  commission tariffs or lists governing the terms of providing its
   13-7  services.
   13-8        (e)(1)  For the purpose of carrying out the public policy
   13-9  stated in Subsection (a) of this section and any other section of
  13-10  this Act notwithstanding, the commission is granted all necessary
  13-11  power and authority under this Act to promulgate rules and
  13-12  establish procedures applicable to incumbent local exchange
  13-13  companies for determining the level of competition in specific
  13-14  telecommunications markets and submarkets and providing appropriate
  13-15  regulatory treatment to allow incumbent local exchange companies to
  13-16  respond to significant competitive challenges.  Nothing in this
  13-17  section is intended to change the burden of proof of the incumbent
  13-18  local exchange company under Sections 3.202, 3.203, 3.204, 3.205,
  13-19  3.206, 3.207, and 3.208 of this Act.
  13-20              (2)  In determining the level of competition in a
  13-21  specific market or submarket, the commission shall hold an
  13-22  evidentiary hearing to consider the following:
  13-23                    (A)  the number and size of telecommunications
  13-24  utilities or other persons providing the same, equivalent, or
  13-25  substitutable service;
  13-26                    (B)  the extent to which the same, equivalent, or
  13-27  substitutable service is available;
   14-1                    (C)  the ability of customers to obtain the same,
   14-2  equivalent, or substitutable services at comparable rates, terms,
   14-3  and conditions;
   14-4                    (D)  the ability of telecommunications utilities
   14-5  or other persons to make the same, equivalent, or substitutable
   14-6  service readily available at comparable rates, terms, and
   14-7  conditions;
   14-8                    (E)  the existence of any significant barrier to
   14-9  the entry or exit of a provider of the service; and
  14-10                    (F)  other relevant information deemed
  14-11  appropriate.
  14-12              (3)  The regulatory treatments which the commission may
  14-13  implement include but are not limited to:
  14-14                    (A)  approval of a range of rates for a specific
  14-15  service;
  14-16                    (B)  approval of customer-specific contracts for
  14-17  a specific service; provided, however, that the commission shall
  14-18  approve a contract to provide central office based PBX-type
  14-19  services for systems of 200 stations or more, billing and
  14-20  collection services, high-speed private line services of 1.544
  14-21  megabits or greater, and customized services, provided that the
  14-22  contract is filed at least 30 days before initiation of the service
  14-23  contracted for; that the contract is accompanied with an affidavit
  14-24  from the person or entity contracting for the telecommunications
  14-25  service stating that he considered the acquisition of the same,
  14-26  equivalent, or substitutable services by bid or quotation from a
  14-27  source other than the incumbent local exchange company; that the
   15-1  incumbent local exchange company is recovering the appropriate
   15-2  costs of providing the services; and that approval of the contract
   15-3  is in the public interest; the contract shall be approved or denied
   15-4  within 30 days after filing, unless the commission for good cause
   15-5  extends the effective date for an additional 35 days; and
   15-6                    (C)  the detariffing of rates.
   15-7        (f)  Moreover, in order to encourage the rapid introduction
   15-8  of new or experimental services or promotional rates, the
   15-9  commission shall promulgate rules and establish procedures which
  15-10  allow the expedited introduction of, the establishment and
  15-11  adjustment of rates for, and the withdrawal of such services,
  15-12  including requests for such services made to the commission by the
  15-13  governing body of a municipality served by an incumbent <a> local
  15-14  exchange company having more than 500,000 access lines throughout
  15-15  the state.  Rates established or adjusted at the request of a
  15-16  municipality may not result in higher rates for ratepayers outside
  15-17  the boundaries of the municipality and may not include any rates
  15-18  for incumbent local exchange company interexchange services or
  15-19  interexchange carrier access service.
  15-20        (j)  Subsections (e) and (f) of this section are not
  15-21  applicable to basic local exchange service, including local
  15-22  measured service.  Paragraph (B) of Subdivision (3) of Subsection
  15-23  (e) of this section is not applicable to message telecommunications
  15-24  services, switched access services for interexchange carriers, or
  15-25  wide area telecommunications service.  An incumbent <A> local
  15-26  exchange company may not price similar services provided pursuant
  15-27  to contracts under Paragraph (B) of Subdivision (3) of Subsection
   16-1  (e) of this section in an unreasonably discriminatory manner.  For
   16-2  purposes of this section, similar services shall be defined as
   16-3  those services which are provided at or near the same point in
   16-4  time, which have the same characteristics, and which are provided
   16-5  under the same or similar circumstances.
   16-6        (l)  Notwithstanding any other provision of this Act, the
   16-7  commission may enter such orders as may be necessary to protect the
   16-8  public interest, including the imposition on any specific service
   16-9  or services of its full regulatory authority under this subtitle,
  16-10  Subtitles C through F of this title, and Subtitles D through I of
  16-11  Title I of this Act, but not Subtitles H and I of this title, if
  16-12  the commission upon complaint from another interexchange
  16-13  telecommunications utility <carrier> finds by a preponderance of
  16-14  the evidence upon notice and hearing that an interexchange
  16-15  telecommunications utility <carrier> has engaged in predatory
  16-16  pricing or attempted to engage in predatory pricing.
  16-17        (m)  Notwithstanding any other provision of this Act, the
  16-18  commission may enter such orders as may be necessary to protect the
  16-19  public interest if the commission finds upon notice and hearing
  16-20  that an interexchange telecommunications utility <carrier> has:
  16-21              (1)  failed to maintain statewide average rates;
  16-22              (2)  abandoned interexchange message telecommunications
  16-23  service to a local exchange area in a manner contrary to the public
  16-24  interest; or
  16-25              (3)  engaged in a pattern of preferential or
  16-26  discriminatory activities prohibited by Sections <3.213 and> 3.215
  16-27  and 3.217 of this Act, except that nothing in this Act shall
   17-1  prohibit volume discounts or other discounts based on reasonable
   17-2  business purposes.
   17-3        (n)  In any proceeding before the commission alleging conduct
   17-4  or activities by an interexchange telecommunications utility
   17-5  <carrier> against another interexchange telecommunications utility
   17-6  <carrier> in contravention of Subsections (l), (m), and (o) of this
   17-7  section, the burden of proof shall be upon the complaining
   17-8  interexchange telecommunications utility <carrier>; however, in
   17-9  such proceedings brought by customers or their representatives who
  17-10  are not themselves interexchange telecommunications utilities
  17-11  <carriers> or in such proceedings initiated by the commission, the
  17-12  burden of proof shall be upon the respondent interexchange
  17-13  telecommunications utility <carrier>.  However, if the commission
  17-14  finds it to be in the public interest, the commission may impose
  17-15  the burden of proof in such proceedings on the complaining party.
  17-16        (o)  The commission shall have the authority to require that
  17-17  a service provided by an interexchange telecommunications utility
  17-18  <carrier described in Subsection (c) of this section> be made
  17-19  available in an exchange served by the utility <carrier> within a
  17-20  reasonable time after receipt of a bona fide request for such
  17-21  service in that exchange, subject to the ability of the local
  17-22  exchange company to provide the required access or other service.
  17-23  A utility <carrier> may not be required to extend a service to an
  17-24  area if provision of that service would impose, after consideration
  17-25  of the public interest to be served, unreasonable costs upon or
  17-26  require unreasonable investments by the interexchange
  17-27  telecommunications utility <carrier>.  The commission may require
   18-1  such information from interexchange utilities <carriers> and local
   18-2  exchange companies <carriers> as may be necessary to enforce this
   18-3  provision.
   18-4        (p)  The commission may exempt from any requirement of this
   18-5  section an interexchange telecommunications utility <carrier> that
   18-6  the commission determines does not have a significant effect on the
   18-7  public interest, and it may exempt any interexchange
   18-8  telecommunications utility <carrier> which solely relies on the
   18-9  facilities of others to complete long distance calls if the
  18-10  commission deems this action to be in the public interest.
  18-11        (q)  Requirements imposed by Subsections (c), (d), (k),
  18-12  <(l),> (m), (n), (o), and (p) of this section on an interexchange
  18-13  telecommunications utility <carrier> shall apply to nondominant
  18-14  carriers and shall constitute the minimum requirements to be
  18-15  imposed by the commission for any dominant carrier.
  18-16        (r)  The commission may, only as necessary to enforce its
  18-17  limited jurisdiction, prescribe forms of books, accounts, records,
  18-18  and memoranda to be kept by a company that has a certificate of
  18-19  operating authority or service provider certificate of operating
  18-20  authority under Subtitle F of this title that in the judgment of
  18-21  the commission may be necessary to carry out the limited
  18-22  jurisdiction over those companies that this Act provides to the
  18-23  commission.
  18-24        (s)(1)  Subsections (k), (n), and (o) also apply to a holder
  18-25  of a certificate of operating authority or service provider
  18-26  certificate of operating authority.  Except as otherwise
  18-27  specifically provided by this Act, the commission shall have only
   19-1  the following authority over a holder of a certificate of operating
   19-2  authority or service provider certificate of operating authority:
   19-3                    (A)  to enforce the applicable provisions of this
   19-4  Act as provided by Subtitle I, Title I, of this Act;
   19-5                    (B)  to assert jurisdiction over a specific
   19-6  service in accordance with Section 3.2572 of this Act;
   19-7                    (C)  to require co-carriage reciprocity; and
   19-8                    (D)  to regulate condemnation and building
   19-9  access.
  19-10              (2)  The commission may not impose on a
  19-11  telecommunications utility that has a certificate of operating
  19-12  authority or service provider certificate of operating authority a
  19-13  rule or regulatory practice under this section that imposes a
  19-14  greater regulatory burden on that telecommunications utility than
  19-15  is imposed on a certificate of convenience and necessity holder
  19-16  serving the same area.
  19-17        SECTION 7.  Subtitle B, Title III, Public Utility Regulatory
  19-18  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  19-19  Regular Session, 1995, is amended by adding Section 3.053 to read
  19-20  as follows:
  19-21        Sec. 3.053.  SALE OF PROPERTY.  (a)  The commission shall
  19-22  complete an investigation under Section 1.251 of this Act that
  19-23  relates to a public utility and enter a final order within 180 days
  19-24  after the date of notification by the utility.  If an order is not
  19-25  entered, the utility's action is considered consistent with the
  19-26  public interest.
  19-27        (b)  Section 1.251 of this Act does not apply to an incumbent
   20-1  local exchange company electing under Subtitle H or I of this title
   20-2  or to a company that receives a certificate of operating authority
   20-3  or a service provider certificate of operating authority under
   20-4  Subtitle F of this title.
   20-5        SECTION 8.  Subtitle C, Title III, Public Utility Regulatory
   20-6  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   20-7  Regular Session, 1995, is amended by adding Section 3.1015 to read
   20-8  as follows:
   20-9        Sec. 3.1015.  MUNICIPAL FEES.  Nothing in this Act may be
  20-10  construed as in any way limiting the right of a public utility to
  20-11  pass through municipal fees, including any increase in municipal
  20-12  fees.  A public utility that traditionally passes through municipal
  20-13  fees shall promptly pass through any reductions.
  20-14        SECTION 9.  Section 3.151(a), Public Utility Regulatory Act
  20-15  of 1995, as enacted by S.B.  319, Acts of the 74th Legislature,
  20-16  Regular Session, 1995, is amended to read as follows:
  20-17        (a)  The commission shall fix proper and adequate rates and
  20-18  methods of depreciation, amortization, or depletion of the several
  20-19  classes of property of each public utility and shall require every
  20-20  public utility to carry a proper and adequate depreciation account
  20-21  in accordance with such rates and methods and with such other rules
  20-22  and regulations as the commission prescribes.  On application of a
  20-23  utility, the commission shall fix depreciation rates that promote
  20-24  deployment of new technology and infrastructure.  In setting those
  20-25  rates, the commission shall consider depreciation practices of
  20-26  nonregulated telecommunications providers.  Such rates, methods,
  20-27  and accounts shall be utilized uniformly and consistently
   21-1  throughout the ratesetting and appeal proceedings.  A company
   21-2  electing under Subtitle H of this title may determine its own
   21-3  depreciation rates and amortizations, but shall notify the
   21-4  commission of any changes.
   21-5        SECTION 10.  Subtitle C, Title III, Public Utility Regulatory
   21-6  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   21-7  Regular Session, 1995, is amended by adding Section 3.1545 to read
   21-8  as follows:
   21-9        Sec. 3.1545.  RECORDS.  Notwithstanding Section 1.204 of this
  21-10  Act, books, accounts, records, or memoranda of a public utility may
  21-11  be removed from the state so long as those books, accounts,
  21-12  records, or memoranda are returned to the state for any inspection
  21-13  by the commission that is authorized by this Act.
  21-14        SECTION 11.  Subtitle C, Title III, Public Utility Regulatory
  21-15  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  21-16  Regular Session, 1995, is amended by adding Section 3.1555 to read
  21-17  as follows:
  21-18        Sec. 3.1555.  MINIMUM SERVICES.  (a)  The commission shall
  21-19  require each holder of a certificate of convenience and necessity
  21-20  or certificate of operating authority in this state to provide at
  21-21  the applicable tariff rate, to all customers, irrespective of race,
  21-22  national origin, income, or residence in an urban or rural area,
  21-23  not later than December 31, 2000:
  21-24              (1)  single party service;
  21-25              (2)  tone-dialing service;
  21-26              (3)  basic custom calling features;
  21-27              (4)  equal access for interLATA interexchange carriers
   22-1  on a bona fide request; and
   22-2              (5)  digital switching capability in all exchanges on
   22-3  customer request, provided by a digital switch in the exchange or
   22-4  by connection to a digital switch in another exchange.
   22-5        (b)  The commission may temporarily waive these requirements
   22-6  on a showing of good cause.  The commission may not consider the
   22-7  cost of implementing this section in determining whether an
   22-8  electing company is entitled to a rate increase under Subtitle H or
   22-9  I of this title or increased universal service funds under Section
  22-10  3.608 of this Act.
  22-11        SECTION 12.  Sections 3.201 and 3.202, Public Utility
  22-12  Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th
  22-13  Legislature, Regular Session, 1995, are amended to read as follows:
  22-14        Sec. 3.201.  POWER TO INSURE COMPLIANCE; RATE REGULATION.
  22-15  Subject to the provisions of this Act, the commission is hereby
  22-16  vested with all authority and power of the State of Texas to insure
  22-17  compliance with the obligations of public utilities in this Act.
  22-18  Except as <To the extent> otherwise provided by this Act, the
  22-19  commission is empowered to fix and regulate rates of public
  22-20  utilities, including rules and regulations for determining the
  22-21  classification of customers and services and for determining the
  22-22  applicability of rates.  A rule or order of the commission may not
  22-23  conflict with the rulings of any federal regulatory body.
  22-24        Sec. 3.202.  JUST AND REASONABLE RATES.  It shall be the duty
  22-25  of the commission to insure that every rate made, demanded, or
  22-26  received by any telecommunications utility or by any two or more
  22-27  utilities jointly shall be just and reasonable.  Rates may not be
   23-1  unreasonably preferential, prejudicial, or discriminatory, but
   23-2  shall be sufficient, equitable, and consistent in application to
   23-3  each class of consumers.  For ratemaking purposes, the commission
   23-4  may treat two or more municipalities served by a telecommunications
   23-5  utility as a single class wherever it deems such treatment to be
   23-6  appropriate.  Approval by the commission of a reduced rate for
   23-7  service for a class of consumers eligible under Section 3.602
   23-8  <3.352> of this Act for tel-assistance service does not constitute
   23-9  a violation of this section.
  23-10        SECTION 13.  Section 3.204, Public Utility Regulatory Act of
  23-11  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  23-12  Session, 1995, is amended to read as follows:
  23-13        Sec. 3.204.  BURDEN OF PROOF.  Except as hereafter provided,
  23-14  in any proceeding involving any proposed change of rates, the
  23-15  burden of proof to show that the proposed change, if proposed by
  23-16  the utility, or that the existing rate, if it is proposed to reduce
  23-17  the rate, is just and reasonable shall be on the public utility.
  23-18  In any proceeding involving an incumbent <a> local exchange company
  23-19  in which the incumbent local exchange company's rate or rates are
  23-20  in issue, the burden of proof that such rate or rates are just and
  23-21  reasonable shall be on the incumbent local exchange company.
  23-22        SECTION 14.  Section 3.210, Public Utility Regulatory Act of
  23-23  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  23-24  Session, 1995, is amended by adding Subsection (c) to read as
  23-25  follows:
  23-26        (c)  Except as provided by Subtitles H and I of this title,
  23-27  this section does not apply to a company electing into Subtitle H
   24-1  or I of this title.  However, the commission shall retain
   24-2  jurisdiction to hear and resolve complaints regarding an electing
   24-3  company's compliance with obligations imposed by this Act.
   24-4        SECTION 15.  Section 3.211, Public Utility Regulatory Act of
   24-5  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   24-6  Session, 1995, is amended by amending Subsections (f) and (h) and
   24-7  adding Subsection (j) to read as follows:
   24-8        (f)  If, after hearing, the commission finds the rates to be
   24-9  unreasonable or in any way in violation of any provision of law,
  24-10  the commission shall determine the level of rates to be charged or
  24-11  applied by the utility for the service in question and shall fix
  24-12  the same by order to be served upon the utility; these rates are
  24-13  thereafter to be observed until changed, as provided by this Act.
  24-14  Except as provided by Subtitles H, I, and J of this title, this
  24-15  subsection does not apply to a company electing into Subtitle H or
  24-16  I of this title.  Rates established under this section after a
  24-17  company's election must comply with Subtitle H or I of this title.
  24-18        (h)  If the commission does not make a final determination
  24-19  concerning an incumbent <a> local exchange company's schedule of
  24-20  rates prior to the expiration of the 150-day suspension period, the
  24-21  schedule of rates finally approved by the commission shall become
  24-22  effective and the incumbent local exchange company shall be
  24-23  entitled to collect such rates from the date the 150-day suspension
  24-24  period expired.  Any surcharges or other charges necessary to
  24-25  effectuate this subsection may not be recovered over a period of
  24-26  less than 90 days from the date of the commission's final order.
  24-27        (j)  An incumbent local exchange company may file with the
   25-1  commission tariffs for switched access service that have been
   25-2  approved by the Federal Communications Commission, provided that
   25-3  the tariffs include all rate elements in the company's interstate
   25-4  access tariff other than end user charges.  If on review the filed
   25-5  tariffs contain the same rates, terms, and conditions, excluding
   25-6  any end user charges, as approved by the Federal Communications
   25-7  Commission, the commission shall order the rates to be the
   25-8  intrastate switched access rates, terms, and conditions for the
   25-9  incumbent local exchange company within 60 days of filing.
  25-10        SECTION 16.  Sections 3.212(a) and (c), Public Utility
  25-11  Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th
  25-12  Legislature, Regular Session, 1995, are amended to read as follows:
  25-13        (a)  An incumbent <A> local exchange company may make changes
  25-14  in its tariffed rules, regulations, or practices that do not affect
  25-15  its charges or rates by filing the proposed changes with the
  25-16  commission at least 35 days prior to the effective date of the
  25-17  changes.  The commission may require such notice to ratepayers as
  25-18  it considers appropriate.
  25-19        (c)  The commission shall approve, deny, or modify the
  25-20  proposed changes before expiration of the suspension period.  In
  25-21  any proceeding under this section, the burden of proving that the
  25-22  requested relief is in the public interest and complies with this
  25-23  Act shall be borne by the incumbent local exchange company.
  25-24        SECTION 17.  Subtitle E, Title III, Public Utility Regulatory
  25-25  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  25-26  Regular Session, 1995, is amended by amending Section 3.213 and
  25-27  adding Section 3.2135 to read as follows:
   26-1        Sec. 3.213.  <COOPERATIVE OR> SMALL INCUMBENT LOCAL EXCHANGE
   26-2  COMPANIES<; STATEMENT OF INTENT TO CHANGE RATES; NOTICE OF INTENT;
   26-3  SUSPENSION OF RATE SCHEDULE; REVIEW>.  (a)  The legislature finds
   26-4  that regulatory policy should recognize differences between the
   26-5  small and large incumbent local exchange companies, that there are
   26-6  a large number of customer-owned telephone cooperatives and small,
   26-7  locally owned investor companies, and that it is appropriate to
   26-8  provide incentives and flexibility to allow incumbent local
   26-9  exchange companies that serve the rural areas to provide existing
  26-10  services and to introduce new technology and new services in a
  26-11  prompt, efficient, and economical manner.
  26-12        (b)  Except as otherwise provided by this section, an
  26-13  incumbent local exchange company that is a cooperative corporation,
  26-14  or that, together with all affiliated incumbent local exchange
  26-15  companies, has fewer than 31,000 access lines in service in this
  26-16  state, may offer extended local calling services or new services on
  26-17  an optional basis or make minor changes in its rates or tariffs if
  26-18  the company:
  26-19              (1)  files with the commission and the office a
  26-20  statement of intent, as prescribed by Subsection (c) of this
  26-21  section, not later than the 91st day before the date on which the
  26-22  proposed change will take effect;
  26-23              (2)  provides notice as prescribed by Subsection (d) of
  26-24  this section; and
  26-25              (3)  files with the commission affidavits verifying the
  26-26  provision of notice as prescribed by Subsection (d) of this
  26-27  section.
   27-1        (c)  The statement of intent required by Subsection (b)(1) of
   27-2  this section must include:
   27-3              (1)  a copy of a resolution approving the proposed
   27-4  change by the incumbent local exchange telephone company's board of
   27-5  directors;
   27-6              (2)  a description of the services affected by the
   27-7  proposed change;
   27-8              (3)  a copy of the proposed tariff for the affected
   27-9  service;
  27-10              (4)  a copy of the customer notice required by
  27-11  Subsection (b)(2) of this section;
  27-12              (5)  the number of access lines the company and each
  27-13  affiliate has in service in this state; and
  27-14              (6)  the amount by which the company's total regulated
  27-15  intrastate gross annual revenues will increase or decrease as a
  27-16  result of the proposed change.
  27-17        (d)  The incumbent local exchange company shall provide
  27-18  notice to affected customers in the manner prescribed by the
  27-19  commission not later than the 61st day before the date on which the
  27-20  proposed change will take effect.  Each notice prescribed by the
  27-21  commission must include:
  27-22              (1)  a description of the services affected by the
  27-23  proposed change;
  27-24              (2)  the effective date of the proposed change;
  27-25              (3)  an explanation of the customer's right to petition
  27-26  the commission for a review under Subsection (e) of this section,
  27-27  including the number of persons required to petition before a
   28-1  commission review will occur;
   28-2              (4)  an explanation of the customer's right to obtain
   28-3  information concerning how to obtain a copy of the proposed tariff
   28-4  from the company;
   28-5              (5)  the amount by which the company's total regulated
   28-6  intrastate gross annual revenues will increase or decrease as a
   28-7  result of the proposed change; and
   28-8              (6)  a list of rates that are affected by the proposed
   28-9  rate change.
  28-10        (e)  The commission shall review a proposed change filed
  28-11  under this section if:
  28-12              (1)  the commission receives complaints relating to the
  28-13  proposed change signed by the lesser of five percent or 1,500 of
  28-14  the affected local service customers;
  28-15              (2)  the commission receives a complaint relating to
  28-16  the proposed change from an affected intrastate access customer, or
  28-17  a group of affected intrastate access customers, that in the
  28-18  preceding 12 months accounted for more than 10 percent of the
  28-19  company's total intrastate gross access revenues;
  28-20              (3)  the proposed change is not a minor change;
  28-21              (4)  the company does not comply with the procedural
  28-22  requirements of this section; or
  28-23              (5)  the proposed change is inconsistent with the
  28-24  commission's substantive policies as expressed in its rules.
  28-25        (f)  On review, the commission may suspend the proposed
  28-26  tariff during the pendency of review.
  28-27        (g)  This section does not prohibit an incumbent local
   29-1  exchange company from filing for a new service or rate change under
   29-2  another applicable section of this Act or the commission from
   29-3  conducting a review in accordance with Section 3.210 of this Act.
   29-4        (h)  In this section, "minor change" means a change,
   29-5  including the restructuring of rates of existing services, that
   29-6  decreases the rates or revenues of the incumbent local exchange
   29-7  company or that, together with any other rate or proposed or
   29-8  approved tariff changes in the 12 months preceding the date on
   29-9  which the proposed change will take effect, results in an increase
  29-10  of the company's total regulated intrastate gross annual revenues
  29-11  by not more than five percent.  Further, with regard to a change to
  29-12  a basic local access line rate, a minor change may not, together
  29-13  with any other change to that rate that went into effect during the
  29-14  12 months preceding the proposed effective date of the requested
  29-15  change, result in an increase of more than 10 percent.  <Except as
  29-16  otherwise provided by this section, a local exchange company that
  29-17  is a cooperative corporation or that has fewer than 5,000 access
  29-18  lines in service in this state may change rates by publishing
  29-19  notice of the change at least 60 days before the date of the change
  29-20  in the place and form as prescribed by the commission.  The notice
  29-21  must include:>
  29-22              <(1)  the reasons for the rate change;>
  29-23              <(2)  a description of the affected service;>
  29-24              <(3)  an explanation of the right of the subscriber to
  29-25  petition the commission for a hearing on the rate change; and>
  29-26              <(4)  a list of rates that are affected by the proposed
  29-27  rate change.>
   30-1        <(b)  At least 60 days before the date of the change, the
   30-2  local exchange company shall file with the commission a statement
   30-3  of intent to change rates containing:>
   30-4              <(1)  a copy of the notice required by Subsection (a)
   30-5  of this section;>
   30-6              <(2)  the number of access lines the company has in
   30-7  service in this state;>
   30-8              <(3)  the date of the most recent commission order
   30-9  setting rates of the company;>
  30-10              <(4)  the increase in total gross annual local revenues
  30-11  that will be produced by the proposed rates;>
  30-12              <(5)  the increase in total gross annual local revenues
  30-13  that will be produced by the proposed rates together with any local
  30-14  rate changes which went into effect during the 12 months preceding
  30-15  the proposed effective date of the requested rate change and any
  30-16  other proposed local rate changes then pending before the
  30-17  commission;>
  30-18              <(6)  the increase in rates for each service category;
  30-19  and>
  30-20              <(7)  other information the commission by rule
  30-21  requires.>
  30-22        <(c)  The commission shall review a proposed change in the
  30-23  rates set by a local exchange company under this section upon the
  30-24  receipt of complaints signed by at least five percent of all
  30-25  affected subscribers or upon its own motion.  The commission may
  30-26  require notice to ratepayers as it considers appropriate.  If
  30-27  sufficient complaints are presented to the commission within 60
   31-1  days after the date notice of the rate change was sent to
   31-2  subscribers, the commission shall review the proposed change.
   31-3  After notice to the local exchange company, the commission may
   31-4  suspend the rates during the pendency of the review and reinstate
   31-5  the rates previously in effect.  Review under this subsection shall
   31-6  be as provided by Section 3.211 of this Act.  The period for review
   31-7  by the commission does not begin until the local exchange company
   31-8  files a complete rate-filing package.>
   31-9        <(d)  If the commission has entered an order setting a rate,
  31-10  the affected local exchange company may not change that rate under
  31-11  this section before 365 days after the date of the commission's
  31-12  order setting the rate.>
  31-13        <(e)  This section does not prohibit a local exchange company
  31-14  from filing for a rate change under any other applicable section of
  31-15  this Act.>
  31-16        <(f)  The commission shall review a proposed change in the
  31-17  rates of a local exchange company under this section if the
  31-18  proposed rates, together with any local rate changes which went
  31-19  into effect during the 12 months preceding the proposed effective
  31-20  date of the requested rate change as well as any other proposed
  31-21  local rate changes then pending before the commission, will
  31-22  increase its total gross annual local revenues by more than 2-1/2
  31-23  percent or if the proposed change would increase the rate of any
  31-24  service category by more than 25 percent, except for basic local
  31-25  service, which shall be limited to a maximum of 2-1/2  percent of
  31-26  the total gross annual local revenue.  Review under this subsection
  31-27  shall be as provided by Section 3.211 of this Act.  Each local
   32-1  exchange company may receive a change in its local rates or in any
   32-2  service category pursuant to this section only one time in any
   32-3  12-month period.>
   32-4        (i) <(g)>  Rates established under this section must be in
   32-5  accordance with the rate-setting principles of this subtitle.
   32-6  However, companies may provide to their board members, officers,
   32-7  employees, and agents free or reduced rates for services.
   32-8        (j)(1)  The commission shall, within 120 days of the
   32-9  effective date of this section, examine its policies, its reporting
  32-10  requirements, and its procedural and substantive rules as they
  32-11  relate to rural and small incumbent local exchange companies and
  32-12  cooperatives to eliminate or revise those that place unnecessary
  32-13  burdens and expenses on those companies.  Notwithstanding any other
  32-14  provisions of this Act, the commission shall consider and may adopt
  32-15  policies that include the following:
  32-16                    (A)  policies to allow those companies to provide
  32-17  required information by report or otherwise as necessary, including
  32-18  a rate filing package when required, in substantially less
  32-19  burdensome and complex form than required of larger incumbent local
  32-20  exchange companies;
  32-21                    (B)  policies that permit consideration of the
  32-22  company's future construction plans and operational changes in
  32-23  evaluating the reasonableness of current rates;
  32-24                    (C)  policies that provide for evaluation of the
  32-25  overall reasonableness of current rates no more frequently than
  32-26  once every three years;
  32-27                    (D)  policies that permit companies to change
   33-1  depreciation and amortization rates when customer rates are not
   33-2  affected by notice to the commission, subject to review by the
   33-3  commission in a proceeding under Section 3.210 or 3.211 of this
   33-4  Act;
   33-5                    (E)  policies to allow the incumbent local
   33-6  exchange companies to adopt for new services the rates for the same
   33-7  or substantially similar services offered by a larger incumbent
   33-8  local exchange company, without commission requirement of
   33-9  additional cost justification; and
  33-10                    (F)  policies that allow an incumbent local
  33-11  exchange company, instead of any management audit that would
  33-12  otherwise be required by law, policy, or rule, to submit to the
  33-13  commission financial audits of the company regularly performed by
  33-14  independent auditors or required and performed as a result of the
  33-15  company's participation in federal or state financing or
  33-16  revenue-sharing programs.
  33-17              (2)  Notwithstanding any other relevant provision of
  33-18  this Act, the commission may adopt policies under this subsection
  33-19  that the commission considers appropriate.
  33-20        (k) <(h)>  The commission is granted all necessary power and
  33-21  authority to prescribe and collect fees and assessments from
  33-22  incumbent local exchange companies necessary to recover the
  33-23  commission's and the office's costs of activities carried out and
  33-24  services provided under this section, Subsection (h) of Section
  33-25  3.211, and Sections <Section> 3.212 and 3.2135 of this Act.
  33-26        (l)  Except as provided in Subsection (j), this section may
  33-27  not apply to any incumbent local exchange company that is a
   34-1  cooperative corporation partially deregulated under the provisions
   34-2  of Section 3.2135 of this Act.
   34-3        Sec. 3.2135.  COOPERATIVE CORPORATIONS.  (a)  An incumbent
   34-4  local exchange company that is a cooperative corporation may vote
   34-5  to partially deregulate the cooperative by sending a ballot to each
   34-6  cooperative member.  The ballot may be included in a bill or sent
   34-7  separately.  The ballot shall provide for voting for or against the
   34-8  proposition:  "Authorizing the partial deregulation of the (name of
   34-9  the cooperative)."
  34-10        (b)  The cooperative is deemed to be partially deregulated if
  34-11  a majority of the ballots returned to the cooperative not later
  34-12  than the 45th day after the date on which the ballots are mailed
  34-13  favor deregulation.
  34-14        (c)  After the initial balloting, the cooperative may offer
  34-15  extended local calling services, new services on an optional basis,
  34-16  or make changes in its rates or tariffs if the cooperative:
  34-17              (1)  provides notice of the proposed action under this
  34-18  section to all customers and municipalities as prescribed by
  34-19  Subsection (e) of this section;
  34-20              (2)  files with the commission affidavits verifying the
  34-21  provision of notice as prescribed by Subsection (f) of this
  34-22  section; and
  34-23              (3)  files a statement of intent under Subsection (d)
  34-24  of this section.
  34-25        (d)  A statement of intent to use this section must be filed
  34-26  with the commission and the office not later than the 61st day
  34-27  before the date on which a proposed change will take effect and
   35-1  must include:
   35-2              (1)  a copy of a resolution approving the proposed
   35-3  action and authorizing the filing of the statement of intent signed
   35-4  by a majority of the members of the cooperative's board of
   35-5  directors;
   35-6              (2)  a description of the services affected by the
   35-7  proposed action;
   35-8              (3)  a copy of the proposed tariff for the affected
   35-9  service; and
  35-10              (4)  a copy of the customer notice required by this
  35-11  section.
  35-12        (e)  The cooperative shall provide to all affected customers
  35-13  and parties, including municipalities, at least two notices of the
  35-14  proposed action by bill insert or by individual notice.  The
  35-15  cooperative shall provide the first notice not later than the 61st
  35-16  day before the date on which the proposed action will take effect.
  35-17  The cooperative shall provide the last notice not later than the
  35-18  31st day before the date on which the proposed action will take
  35-19  effect.  Each notice prescribed by this subsection must include:
  35-20              (1)  a description of the services affected by the
  35-21  proposed action;
  35-22              (2)  the effective date of the proposed action;
  35-23              (3)  an explanation of the customer's right to petition
  35-24  the commission for a review under Subsection (g) of this section;
  35-25              (4)  an explanation of the customer's right to obtain a
  35-26  copy of the proposed tariff from the cooperative;
  35-27              (5)  the amount by which the cooperative's total gross
   36-1  annual revenues will increase or decrease and a statement
   36-2  explaining the effect on the cooperative revenues as a result of
   36-3  the proposed action; and
   36-4              (6)  a list of rates that are affected by the proposed
   36-5  rate action, showing the effect of the proposed action on each such
   36-6  rate.
   36-7        (f)  Not later than the 15th day before the date on which the
   36-8  proposed action will take effect, the cooperative shall file with
   36-9  the commission affidavits that verify that the cooperative provided
  36-10  each notice prescribed under Subsection (e) of this section.
  36-11        (g)(1)  The commission shall review a proposed action filed
  36-12  under this section if:
  36-13                    (A)  the commission receives, not later than the
  36-14  45th day after the first notice is provided under Subsection (e) of
  36-15  this section, complaints relating to the proposed action:
  36-16                          (i)  signed by at least five percent of the
  36-17  affected local service customers; or
  36-18                          (ii)  from an affected intrastate access
  36-19  customer, or group of affected intrastate access customers, that in
  36-20  the preceding 12 months accounted for more than 10 percent of the
  36-21  cooperative's total intrastate access revenues;
  36-22                    (B)  the cooperative does not comply with the
  36-23  procedural requirements of this section; or
  36-24                    (C)  the proposed action is inconsistent with the
  36-25  commission's substantive policies as expressed in its rules.
  36-26              (2)  If the commission conducts a review of the
  36-27  proposed action under this subsection before the effective date,
   37-1  the commission may suspend  the proposed actions of the cooperative
   37-2  during the pendency of the review.
   37-3        (h)  A cooperative that is partially deregulated under this
   37-4  section may vote to reverse the deregulation by sending  a ballot
   37-5  to each cooperative member.  Upon its own motion or within 60 days
   37-6  upon receipt of a written request of 10 percent of its members, the
   37-7  cooperative's board of directors shall reballot.  The ballot may be
   37-8  included in a bill or sent separately.  The ballot shall provide
   37-9  for voting for or against the proposition:  "Reversing the partial
  37-10  deregulation of the (name of the cooperative)."  The partial
  37-11  deregulation is reversed if a majority of the ballots returned to
  37-12  the cooperative not later than the 45th day after the date on which
  37-13  the ballots are mailed favor reversal.
  37-14        (i)  The commission by rule shall prescribe the voting
  37-15  procedures a cooperative is required to use under this section.
  37-16        (j)  This section does not:
  37-17              (1)  prohibit a cooperative from filing for a new
  37-18  service or rate change under another applicable section of this
  37-19  Act; or
  37-20              (2)  affect the application of other provisions of this
  37-21  Act not directly related to rate-making or the authority of the
  37-22  commission to require the cooperative to file reports as required
  37-23  under this  Act, Section 3.213(j) of this Act, or under the rules
  37-24  adopted by the commission.
  37-25        (k)  Notwithstanding any other provision of this section, the
  37-26  commission may conduct a review in accordance with Section 3.210 of
  37-27  this Act.
   38-1        SECTION 18.  Subtitle E, Title III, Public Utility Regulatory
   38-2  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   38-3  Regular Session, 1995, is amended by adding Section 3.219 to read
   38-4  as follows:
   38-5        Sec. 3.219.  INTRALATA CALLS.  (a)  While any local exchange
   38-6  company in this state is prohibited by federal law from providing
   38-7  interLATA telecommunications services, the local exchange companies
   38-8  in this state designated or de facto authorized to receive "0+" and
   38-9  "1+" dialed intraLATA calls shall continue to be so designated or
  38-10  authorized.
  38-11        (b)  A telecommunications utility operating under a
  38-12  certificate of operating authority or service provider certificate
  38-13  of operating authority to the extent not restricted by Section
  38-14  3.2532(f) of this Act is de facto authorized to receive "0+" and
  38-15  "1+" dialed intraLATA calls on the date on which the utility
  38-16  receives its certificate.
  38-17        (c)  If local exchange companies are allowed by federal law
  38-18  to provide interLATA telecommunications services, the commission
  38-19  shall consider whether to allow customers to designate a carrier to
  38-20  receive their "0+" and "1+" dialed intraLATA calls.
  38-21        SECTION 19.  Section 3.251, Public Utility Regulatory Act of
  38-22  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  38-23  Session, 1995, is amended by adding Subsection (c) to read as
  38-24  follows:
  38-25        (c)  A person may not provide local exchange telephone
  38-26  service, basic local telecommunications service, or switched access
  38-27  service without a certificate of convenience and necessity, a
   39-1  certificate of operating authority, or a service provider
   39-2  certificate of operating authority.
   39-3        SECTION 20.  Section 3.252, Public Utility Regulatory Act of
   39-4  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   39-5  Session, 1995, is amended to read as follows:
   39-6        Sec. 3.252.  EXCEPTIONS <FOR EXTENSION OF SERVICE>.  (a)  A
   39-7  telecommunications <public> utility is not required to secure a
   39-8  certificate of public convenience and necessity, certificate of
   39-9  operating authority, or service provider certificate of operating
  39-10  authority for:
  39-11              (1)  an extension into territory contiguous to that
  39-12  already served by it and not receiving similar service from another
  39-13  telecommunications <public> utility and not within the certificated
  39-14  area <of public convenience and necessity> of another
  39-15  telecommunications utility <of the same kind>;
  39-16              (2)  an extension within or to territory already served
  39-17  by it or to be served by it under a certificate of public
  39-18  convenience and necessity, certificate of operating authority, or
  39-19  service provider certificate of operating authority; <or>
  39-20              (3)  operation, extension, or service in progress on
  39-21  September 1, 1975; or
  39-22              (4)  interexchange telecommunications service,
  39-23  non-switched private line service, shared tenant service,
  39-24  specialized communications common carrier service, commercial
  39-25  mobile radio service, or operator service as defined by Section
  39-26  3.052(a) of this Act.
  39-27        (b)  Any extensions allowed by Subsection (a) of this section
   40-1  shall be limited to devices for interconnection of existing
   40-2  facilities or devices used solely for transmitting
   40-3  telecommunications <public> utility services from existing
   40-4  facilities to customers of retail utility service.
   40-5        SECTION 21.  Subtitle F, Title III, Public Utility Regulatory
   40-6  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   40-7  Regular Session, 1995, is amended by adding Section 3.2531 to read
   40-8  as follows:
   40-9        Sec. 3.2531.  CERTIFICATE OF OPERATING AUTHORITY.  (a)  In
  40-10  lieu of applying for a certificate of convenience and necessity, an
  40-11  applicant may apply for a certificate of operating authority.
  40-12        (b)  An application for a certificate of operating authority
  40-13  shall specify whether the applicant is seeking a facilities based
  40-14  certificate of operating authority under this section or a service
  40-15  provider certificate of operating authority under Section 3.2532.
  40-16  When an application for a certificate of operating authority or
  40-17  service provider certificate of operating authority is filed, the
  40-18  commission shall give notice of the application to interested
  40-19  parties and, if requested, shall fix a time and place for a hearing
  40-20  and give notice of the hearing.  Any person interested in the
  40-21  application may intervene at the hearing.
  40-22        (c)  If seeking a facilities based certificate of operating
  40-23  authority, the applicant must include in the application a proposed
  40-24  build-out plan demonstrating how the applicant will deploy its
  40-25  facilities throughout the geographic area of its certificated
  40-26  service area over a six-year period.  The commission may issue
  40-27  rules for a holder of a certificate of operating authority with
   41-1  respect to the time within which the holder must be able to serve
   41-2  customers, except that a holder must serve customers within a
   41-3  build-out area within 30 days of the date of a customer request for
   41-4  service.  The commission may not require a holder to place "drop"
   41-5  facilities on every customer's premises or to activate fiber optic
   41-6  facilities in advance of customer request as part of the build-out
   41-7  requirements.  The plan required by this subsection must meet the
   41-8  following conditions:
   41-9              (1)  10 percent of the area to be served must be served
  41-10  with facilities other than the facilities of the incumbent local
  41-11  exchange company by the end of the first year;
  41-12              (2)  50 percent of the area to be served must be served
  41-13  with facilities other than the facilities of the incumbent local
  41-14  exchange company by the end of the third year; and
  41-15              (3)  all of the area to be served must be served with
  41-16  facilities other than the facilities of the incumbent local
  41-17  exchange company by the end of the sixth year.
  41-18        (d)  The build-out plan may permit not more than 40 percent
  41-19  of the applicant's service area to be served by resale of the
  41-20  incumbent local exchange company's facilities under the tariff
  41-21  required to be approved in Section 3.453, except that during the
  41-22  six years immediately following the grant, a holder of a
  41-23  certificate of operating authority may extend its service by resale
  41-24  only within the area it is obligated to serve under the build-out
  41-25  plan approved by the commission and to the distant premises of one
  41-26  of its multi-premises customers beyond that build-out area but
  41-27  within its certificated service area.  The 40-percent resale
   42-1  limitation applies to all incumbent local exchange facilities
   42-2  resold by a holder of a certificate of operating authority,
   42-3  regardless of whether the facilities are purchased directly by the
   42-4  certificate of operating authority holder from the incumbent local
   42-5  exchange company or purchased by an intermediary carrier from the
   42-6  incumbent local exchange company and then provided to the
   42-7  certificate of operating authority holder for resale.  In no event
   42-8  may an applicant use commercial mobile radio service ("CMRS") to
   42-9  meet the build-out requirement imposed by this section, but an
  42-10  applicant may use PCS wireless technology licensed by the Federal
  42-11  Communications Commission after January 1, 1995, to meet the
  42-12  build-out requirement.
  42-13        (e)  A certificate of operating authority shall be granted
  42-14  within 60 days after the date of the application on a
  42-15  nondiscriminatory basis after consideration by the commission of
  42-16  factors such as the technical and financial qualifications of the
  42-17  applicant and the applicant's ability to meet the commission's
  42-18  quality of service requirements.  The commission may extend the
  42-19  60-day period on good cause shown.  In an exchange of an incumbent
  42-20  local exchange company serving fewer than 31,000 access lines, the
  42-21  commission shall also consider:
  42-22              (1)  the effect of granting the certificate on any
  42-23  public utility already serving the area and on the utility's
  42-24  customers;
  42-25              (2)  the existing utility's ability to provide adequate
  42-26  service at reasonable rates;
  42-27              (3)  the impact of the existing utility's ability as
   43-1  the provider of last resort; and
   43-2              (4)  the ability of the exchange, not the company, to
   43-3  support more than one provider of service.
   43-4        (f)  In addition to the factors prescribed by Subsection (e)
   43-5  of this section, the commission shall consider the adequacy of the
   43-6  applicant's build-out plan in determining whether to grant the
   43-7  application.  The commission may administratively and temporarily
   43-8  waive compliance with the six-year build-out plan on a showing of
   43-9  good cause.  The holder of a certificate shall file periodic
  43-10  reports with the commission demonstrating compliance with the plan
  43-11  approved by the commission, including the requirement that not more
  43-12  than 4 percent of the service area of a new certificate may be
  43-13  served by resale of the facilities of the incumbent local exchange
  43-14  company.
  43-15        (g)  An application for a certificate of operating authority
  43-16  may be granted only for an area or areas that are contiguous and
  43-17  reasonably compact and have at least a three-mile radius, except
  43-18  that:
  43-19              (1)  in an exchange in a county having a population of
  43-20  less than 500,000 that is served by an incumbent local exchange
  43-21  company having more than 31,000 access lines, an area having less
  43-22  than a three-mile radius may be approved if the area is contiguous
  43-23  and reasonably compact and has at least 20,000 access lines; and
  43-24              (2)  in an exchange of a company serving fewer than
  43-25  31,000 access lines in this state, an application may be granted
  43-26  only for an area that has boundaries similar to the boundaries of
  43-27  the serving central office served by the incumbent local exchange
   44-1  company holding the certificate of convenience and necessity for
   44-2  that area.
   44-3        (h)  The commission may not, before September 1, 1998, grant
   44-4  a certificate of operating authority in an exchange of an incumbent
   44-5  local exchange company serving fewer than 31,000 access lines.  The
   44-6  commission shall require that the applicant meet the other
   44-7  appropriate certification provisions of this Act.
   44-8        (i)  Six years after an application for a certificate of
   44-9  operating authority has been granted for a particular area or areas
  44-10  or when the new applicant has completed its build-out plan required
  44-11  by this section, the commission may waive the build-out
  44-12  requirements of this section for additional applicants.
  44-13        (j)(1)  On an application filed after September 1, 1997, the
  44-14  commission may conduct a hearing to determine:
  44-15                    (A)  if the build-out requirements of Subsections
  44-16  (c), (d), and (g) of this section have created barriers to the
  44-17  entry of facilities-based local exchange telephone service
  44-18  competition in exchanges in counties with a population of more than
  44-19  500,000 served by companies having more than 31,000 access lines;
  44-20  and
  44-21                    (B)  the effect of the resale provisions on the
  44-22  development of competition except in certificated areas of
  44-23  companies serving fewer than 31,000 access lines as provided by
  44-24  Section 3.2532(d)(1) of this Act.
  44-25              (2)  In making the determination under Subdivision (1)
  44-26  of this subsection, the commission shall consider:
  44-27                    (A)  the policy of this Act to encourage
   45-1  construction of local exchange networks;
   45-2                    (B)  the number and type of competitors that have
   45-3  sought to provide local exchange competition under the existing
   45-4  rules prescribed by this Act; and
   45-5                    (C)  whether, if new build-out and resale rules
   45-6  were adopted, innovative and competitive local exchange telephone
   45-7  services are more likely to be provided.
   45-8              (3)  If the commission determines that the existing
   45-9  build-out requirements have created barriers to facilities-based
  45-10  local exchange competition in exchanges described by Subdivision
  45-11  (1)(A) of this subsection, the requirements of Subsections (c),
  45-12  (d), and (g) of this section and of Section 3.2532 may be changed
  45-13  if the changes will encourage additional facilities-based
  45-14  competition.  However, in no event may exchange sizes be reduced
  45-15  below a radius of two miles, or the permitted resale percentage of
  45-16  Subsection (d) of this section be increased to more than 50
  45-17  percent.  If new rules are adopted, the rules may apply only to
  45-18  applicants for certificates filed after the date of adoption of
  45-19  those rules.
  45-20        (k)  If the holder of a certificate of authority fails to
  45-21  comply with any requirement imposed by this Act, the commission
  45-22  may:
  45-23              (1)  revoke the certificate; or
  45-24              (2)  impose administrative penalties or take other
  45-25  action under Subtitle I, Title I of this Act.
  45-26        SECTION 22.  Subtitle F, Title III, Public Utility Regulatory
  45-27  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   46-1  Regular Session, 1995, is amended by adding Section 3.2532 to read
   46-2  as follows:
   46-3        Sec. 3.2532.  SERVICE PROVIDER CERTIFICATE OF OPERATING
   46-4  AUTHORITY.  (a)  To encourage innovative, competitive, and
   46-5  entrepreneurial businesses to provide telecommunications services,
   46-6  the commission may grant service provider certificates of operating
   46-7  authority.  An applicant must demonstrate that it has the financial
   46-8  and technical ability to provide its services and show that the
   46-9  services will meet the requirements of this section.
  46-10        (b)  A company is eligible to obtain a service provider
  46-11  certificate of operating authority under this section unless the
  46-12  company, together with affiliates, had in excess of four percent of
  46-13  the total intrastate switched access minutes of use as measured by
  46-14  the most recent 12-month period preceding the filing of the
  46-15  application for which data is available.  The commission shall
  46-16  obtain from each applicable incumbent local exchange telephone
  46-17  company and from the applicant any information necessary to
  46-18  determine eligibility and shall certify eligibility within 10 days
  46-19  after the date of the filing of the application.  A service
  46-20  provider certificate of operating authority shall be granted within
  46-21  60 days after the date on which the application is filed on a
  46-22  finding by the commission that the applicant has met the
  46-23  requirements of this section.
  46-24        (c)  An applicant for a service provider certificate of
  46-25  operating authority shall file with its application a description
  46-26  of the services it will provide and show the areas in which it will
  46-27  provide those services.
   47-1        (d)  A service provider certificate of operating authority
   47-2  holder:
   47-3              (1)  may obtain services under the resale tariffs
   47-4  ordered by the commission as specified by Section 3.453, except in
   47-5  certificated areas of companies serving fewer than 31,000 access
   47-6  lines;
   47-7              (2)  may obtain for resale the flat rate local exchange
   47-8  telephone service of an incumbent local exchange company and:
   47-9                    (A)  the incumbent local exchange company shall
  47-10  also sell discretionary services that may be provided to customers
  47-11  in conjunction with local exchange service, including toll
  47-12  restriction, call control options, tone dialing, custom calling
  47-13  services, and caller ID at the tariffed rate for those services;
  47-14  and
  47-15                    (B)  service providers and incumbent local
  47-16  exchange companies may agree to rates lower than the tariffed
  47-17  rates;
  47-18              (3)  may sell the flat rate local exchange telephone
  47-19  service only to the same class of customers to which the incumbent
  47-20  local exchange company sells that service;
  47-21              (4)  may not use a resold flat rate local exchange
  47-22  telephone service to avoid the rates, terms, and conditions of an
  47-23  incumbent local exchange company's tariffs;
  47-24              (5)  may not terminate flat rate local exchange
  47-25  telephone service and services obtained under the resale tariff
  47-26  approved as prescribed by Sections 3.453(a)-(c) of this Act on the
  47-27  same end user customer's premises; and
   48-1              (6)  may not use resold flat rate local exchange
   48-2  telephone services to provide access services to other
   48-3  interexchange carriers, cellular carriers, competitive access
   48-4  providers, or other retail telecommunications providers, but may
   48-5  permit customers to use resold local exchange telephone services to
   48-6  access interexchange carriers, cellular carriers, competitive
   48-7  access providers, or other retail telecommunications providers.
   48-8        (e)  A service provider certificate of operating authority
   48-9  may not be granted to a holder of a certificate of operating
  48-10  authority or certificate of convenience and necessity nor may a
  48-11  certificate of operating authority or certificate of convenience
  48-12  and necessity holder be granted a service provider certificate of
  48-13  operating authority as to the same territory.
  48-14        (f)  An incumbent local exchange company that sells flat rate
  48-15  local exchange telephone service to a holder of a service provider
  48-16  certificate of operating authority may retain all access service
  48-17  and "1+" intraLATA toll service originated over the resold flat
  48-18  rate local exchange telephone service.
  48-19        (g)  An incumbent local exchange company may not:
  48-20              (1)  delay provisioning or maintenance of services
  48-21  provided under this section;
  48-22              (2)  degrade the quality of access provided to another
  48-23  provider;
  48-24              (3)  impair the speed, quality, or efficiency of lines
  48-25  used by another provider;
  48-26              (4)  fail to fully disclose in a timely manner after a
  48-27  request for the disclosure all available information necessary for
   49-1  the holder of the service provider certificate of operating
   49-2  authority to provision resale services; or
   49-3              (5)  refuse to take any reasonable action to allow
   49-4  efficient access by a holder of a service provider certificate of
   49-5  operating authority to ordering, billing, or repair management
   49-6  systems of the local exchange company.
   49-7        (h)  In this section:
   49-8              (1)  "Affiliate" means any entity that, directly or
   49-9  indirectly, owns or controls, is owned or controlled by, or is
  49-10  under common ownership or control with a company that applies for a
  49-11  service provider certificate of operating authority under this
  49-12  section.
  49-13              (2)  "Control" means to exercise substantial influence
  49-14  over the policies and actions of another.
  49-15        SECTION 23.  Sections 3.255(a) and (b), Public Utility
  49-16  Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th
  49-17  Legislature, Regular Session, 1995, are amended to read as follows:
  49-18        (a)  If an area has been or shall be included within the
  49-19  boundaries of a city, town, or village as the result of annexation,
  49-20  incorporation, or otherwise, all telecommunications <public>
  49-21  utilities certified or entitled to certification under this Act to
  49-22  provide service or operate facilities in such area prior to the
  49-23  inclusion shall have the right to continue and extend service in
  49-24  its area of certification <public convenience and necessity> within
  49-25  the annexed or incorporated area, pursuant to the rights granted by
  49-26  its certificate and this Act.
  49-27        (b)  Notwithstanding any other provision of law, a
   50-1  certificated telecommunications <public> utility shall have the
   50-2  right to continue and extend service within its area of
   50-3  certification <public convenience and necessity> and to utilize the
   50-4  roads, streets, highways, alleys, and public property for the
   50-5  purpose of furnishing such retail utility service, subject to the
   50-6  authority of the governing body of a municipality to require any
   50-7  certificated telecommunications <public> utility, at its own
   50-8  expense, to relocate its facilities to permit the widening or
   50-9  straightening of streets by giving to the certificated
  50-10  telecommunications <public> utility 30 days' notice and specifying
  50-11  the new location for the facilities along the right-of-way of the
  50-12  street or streets.
  50-13        SECTION 24.  Sections 3.256 and 3.257, Public Utility
  50-14  Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th
  50-15  Legislature, Regular Session, 1995, are amended to read as follows:
  50-16        Sec. 3.256.  CONTRACTS VALID AND ENFORCEABLE.  Contracts
  50-17  between telecommunications <public> utilities designating areas to
  50-18  be served and customers to be served by those utilities, when
  50-19  approved by the commission, shall be valid and enforceable and
  50-20  shall be incorporated into the appropriate areas of certification
  50-21  <public convenience and necessity>.
  50-22        Sec. 3.257.  PRELIMINARY ORDER FOR CERTIFICATE.  If a
  50-23  telecommunications <public> utility desires to exercise a right or
  50-24  privilege under a franchise or permit which it contemplates
  50-25  securing but which has not as yet been granted to it, such
  50-26  telecommunications <public> utility may apply to the commission for
  50-27  an order preliminary to the issuance of the certificate.  The
   51-1  commission may thereupon make an order declaring that it will, on
   51-2  application, under such rules as it prescribes, issue the desired
   51-3  certificate on such terms and conditions as it designates, after
   51-4  the telecommunications <public> utility has obtained the
   51-5  contemplated franchise or permit.  On presentation to the
   51-6  commission of evidence satisfactory to it that the franchise or
   51-7  permit has been secured by the telecommunications <public> utility,
   51-8  the commission shall issue the certificate.
   51-9        SECTION 25.  Subtitle F, Title III, Public Utility Regulatory
  51-10  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  51-11  Regular Session, 1995, is amended by adding Section 3.2555 to read
  51-12  as follows:
  51-13        Sec. 3.2555.  DISCRIMINATION.  (a)  An applicant for a
  51-14  certificate of operating authority or service provider certificate
  51-15  of operating authority shall file with its application a sworn
  51-16  statement that it has applied for any necessary municipal consent,
  51-17  franchise, or permit required for the type of services and
  51-18  facilities for which it has applied.  Notwithstanding Section 1.103
  51-19  of this Act, a municipality may not discriminate against a
  51-20  telecommunications utility in relation to:
  51-21              (1)  the authorization or placement of
  51-22  telecommunications facilities within public right-of-way;
  51-23              (2)  access to buildings; or
  51-24              (3)  municipal utility pole attachment rates, terms,
  51-25  and conditions, to the extent not addressed by federal law.
  51-26        (b)  A public or private property owner may not:
  51-27              (1)  interfere with or prevent a telecommunications
   52-1  utility that holds a certificate of convenience and necessity or
   52-2  certificate of operating authority from installing on the owner's
   52-3  property telecommunications services facilities requested by a
   52-4  tenant;
   52-5              (2)  discriminate against one or more
   52-6  telecommunications utilities holding certificates of convenience
   52-7  and necessity or certificates of operating authority in relation to
   52-8  the installation of telecommunications services facilities to a
   52-9  tenant on the owner's property;
  52-10              (3)  demand or accept an inappropriate payment in any
  52-11  form from a tenant or a telecommunications utility holding a
  52-12  certificate of convenience and necessity or certificate of
  52-13  operating authority for allowing the utility on or within the
  52-14  owner's property; or
  52-15              (4)  discriminate against a tenant in any manner,
  52-16  including rental charges, because of the telecommunications utility
  52-17  from which the tenant receives telecommunications services.
  52-18        (c)  Notwithstanding Subsection (b) of this section, the
  52-19  owner of public or private property may require that:
  52-20              (1)  the telecommunications utility:
  52-21                    (A)  install the telecommunications facilities in
  52-22  accordance with reasonable conditions necessary to protect the
  52-23  safety, functioning, and appearance of the property and the
  52-24  well-being of other tenants; and
  52-25                    (B)  agree to indemnify the owner for any damage
  52-26  caused by the installation, operation, or removal of the
  52-27  facilities; and
   53-1              (2)  the tenant or the telecommunications utility bear
   53-2  the entire cost of the installation, operation, or removal of the
   53-3  facilities.
   53-4        (d)  Notwithstanding any other provision of law, the
   53-5  commission has the jurisdiction necessary to:
   53-6              (1)  investigate a complaint relating to a violation of
   53-7  this section, including a complaint relating to the conduct of a
   53-8  municipality; and
   53-9              (2)  enforce this section.
  53-10        SECTION 26.  Subtitle F, Title III, Public Utility Regulatory
  53-11  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  53-12  Regular Session, 1995, is amended by adding Section 3.2571 to read
  53-13  as follows:
  53-14        Sec. 3.2571.  FLEXIBILITY PLAN.  After an application for a
  53-15  certificate of convenience and necessity, certificate of operating
  53-16  authority, or service provider certificate of operating authority
  53-17  is granted or the commission determines that a certificate is not
  53-18  needed for the services to be provided by the applicant, the
  53-19  commission shall conduct proceedings it determines appropriate to
  53-20  establish a transitional flexibility plan for the incumbent local
  53-21  exchange company in the same area or areas as the new certificate
  53-22  holder.  However, a basic local telecommunications service price of
  53-23  the incumbent local exchange company may not be increased until
  53-24  four years following the grant of the certificate to the applicant,
  53-25  except:
  53-26              (1)  as provided by this Act; or
  53-27              (2)  when the new applicant has completed its build-out
   54-1  plan required by Section 3.2531.
   54-2        SECTION 27.  Subtitle F, Title III, Public Utility Regulatory
   54-3  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   54-4  Regular Session, 1995, is amended by adding Section 3.2572 to read
   54-5  as follows:
   54-6        Sec. 3.2572.  MARKET POWER TEST.  (a)  Notwithstanding any
   54-7  other provision of this Act, on notice and hearing, the commission
   54-8  may grant price deregulation of a specific service in a particular
   54-9  geographic market if the commission determines that the incumbent
  54-10  local exchange company or certificate of operating authority holder
  54-11  that is a dominant provider is no longer dominant as to that
  54-12  specific service in that particular geographic market.  For
  54-13  purposes of this section only, in determining a particular
  54-14  geographic market, the commission shall consider economic and
  54-15  technical conditions of the market.  Once a service in a particular
  54-16  market is price-deregulated under this section, the incumbent local
  54-17  exchange company or certificate of operating authority holder that
  54-18  is a dominant provider may set the rate for the deregulated service
  54-19  at any level above the service's LRIC.
  54-20        (b)  To determine that an incumbent local exchange company or
  54-21  certificate of operating authority holder that is a dominant
  54-22  provider is no longer dominant as to a specific service in a
  54-23  particular geographic market, the commission must find that an
  54-24  effective competitive alternative exists and that the incumbent
  54-25  local exchange company or certificate of operating authority holder
  54-26  that is a dominant provider does not have sufficient market power
  54-27  to control the price of the service within a specified geographic
   55-1  area in a manner that is adverse to the public interest.
   55-2        (c)  The commission shall consider the following factors in
   55-3  determining whether the incumbent local exchange company or
   55-4  certificate of operating authority holder that is a dominant
   55-5  provider is dominant as to a specific service in a particular
   55-6  geographic area:
   55-7              (1)  number and size of telecommunications utilities or
   55-8  other persons providing the same, equivalent, or substitutable
   55-9  service in the relevant market and the extent to which the service
  55-10  is available in the relevant market;
  55-11              (2)  ability of customers in the relevant market to
  55-12  obtain the same, equivalent, or substitutable service at comparable
  55-13  rates, terms, and conditions;
  55-14              (3)  ability of telecommunications utilities or other
  55-15  persons to make the same, equivalent, or substitutable service
  55-16  readily available in the relevant market at comparable rates,
  55-17  terms, and conditions;
  55-18              (4)  proportion of the relevant market that is
  55-19  currently being provided the service by a telecommunications
  55-20  utility other than the incumbent local exchange company or
  55-21  certificate of operating authority holder that is a dominant
  55-22  carrier; and
  55-23              (5)  other relevant information proven necessary by the
  55-24  commission.
  55-25        (d)  The commission, on its own motion, or on a complaint
  55-26  that the commission deems has merit, is granted all necessary power
  55-27  and authority to assert or reassert regulation over a specific
   56-1  service in a particular geographic market if the incumbent local
   56-2  exchange company or certificate of operating authority holder that
   56-3  is a dominant carrier is found to again be dominant or the provider
   56-4  of services under a certificate of operating authority or service
   56-5  provider certificate of operating authority is found to be dominant
   56-6  as to that specific service in that particular geographic market.
   56-7        (e)  On request of an incumbent local exchange company or
   56-8  certificate of operating authority holder that is a dominant
   56-9  carrier in conjunction with an application under this section, the
  56-10  commission shall conduct investigations to determine the existence,
  56-11  impact, and scope of competition in the particular geographic and
  56-12  service markets at issue and in connection therewith may call and
  56-13  hold hearings, may issue subpoenas to compel the attendance of
  56-14  witnesses and the production of papers and documents, has any other
  56-15  powers, whether specifically designated or implied, necessary and
  56-16  convenient to the investigation, and may make findings of fact and
  56-17  decisions with respect to those markets.
  56-18        (f)  The parties to the proceeding shall be entitled to use
  56-19  the results of the investigation required to be conducted under
  56-20  Subsection (e) of this section in an application for pricing
  56-21  flexibility.
  56-22        (g)  In conjunction with its authority to collect and compile
  56-23  information, the commission may collect reports from a holder of a
  56-24  certificate of operating authority or service provider certificate
  56-25  of operating authority.  Any information contained in the reports
  56-26  claimed to be confidential for competitive purposes shall be
  56-27  maintained as confidential by the commission, and the information
   57-1  is exempt from disclosure under Chapter 552, Government Code.  The
   57-2  commission shall aggregate the information to the maximum extent
   57-3  possible considering the purpose of the proceeding to protect the
   57-4  confidential nature of the information.
   57-5        SECTION 28.  Section 3.258(a), Public Utility Regulatory Act
   57-6  of 1995, as enacted by S.B.  319, Acts of the 74th Legislature,
   57-7  Regular Session, 1995, is amended to read as follows:
   57-8        (a)  Except as provided by this section, <or> Section 3.259,
   57-9  or Section 3.2595 of this Act, a telecommunications utility that is
  57-10  granted a certificate of convenience and necessity or certificate
  57-11  of operating authority shall be required to offer to any customer
  57-12  in its certificated area all basic local telecommunications
  57-13  services <the holder of any certificate of public convenience and
  57-14  necessity shall serve every consumer within its certified area> and
  57-15  shall render continuous and adequate service within the area or
  57-16  areas.  In any event, as between a holder of a certificate of
  57-17  convenience and necessity and a holder of a certificate of
  57-18  operating authority, the holder of the certificate of convenience
  57-19  and necessity has provider of last resort obligations.
  57-20        SECTION 29.  Section 3.259, Public Utility Regulatory Act of
  57-21  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  57-22  Session, 1995, is amended to read as follows:
  57-23        Sec. 3.259.  CONDITIONS REQUIRING REFUSAL OF SERVICE.  The
  57-24  holder of a certificate of public convenience and necessity,
  57-25  certificate of operating authority, or service provider certificate
  57-26  of operating authority shall refuse to serve a customer within its
  57-27  certified area if the holder of the certificate is prohibited from
   58-1  providing the service under Section 212.012 or 232.0047, Local
   58-2  Government Code.
   58-3        SECTION 30.  Subtitle F, Title III, Public Utility Regulatory
   58-4  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   58-5  Regular Session, 1995, is amended by adding Section 3.2595 to read
   58-6  as follows:
   58-7        Sec. 3.2595.  DISCONTINUATION OF SERVICE.  (a)
   58-8  Notwithstanding Section 3.258 of this Act, a telecommunications
   58-9  utility that holds a certificate of operating authority or service
  58-10  provider certificate of operating authority may:
  58-11              (1)  discontinue an optional service that is not
  58-12  essential to the provision of basic local telecommunications
  58-13  service; or
  58-14              (2)  cease operations within its certificated area.
  58-15        (b)  Before a telecommunications utility discontinues an
  58-16  optional service or ceases operations, the utility must provide
  58-17  notice of the intended action to the commission and each affected
  58-18  customer in the manner required by the commission.
  58-19        (c)  A telecommunications utility is entitled to discontinue
  58-20  an optional service on or after the 61st day after the date on
  58-21  which the utility provides the notice required by Subsection (b) of
  58-22  this section.
  58-23        (d)  A telecommunications utility may not cease operations
  58-24  within its certificated area unless:
  58-25              (1)  another provider of basic local telecommunications
  58-26  services has adequate facilities and capacity to serve the
  58-27  customers in the certificated area; and
   59-1              (2)  the commission authorizes the utility to cease
   59-2  operations.
   59-3        (e)  The commission may not authorize a telecommunications
   59-4  utility to cease operations under Subsection (d) of this section
   59-5  before the 61st day after the date on which the utility provides
   59-6  the notice required by Subsection (b) of this section.  The
   59-7  commission may enter an order under this subsection
   59-8  administratively unless the commission receives a complaint from an
   59-9  affected person.
  59-10        SECTION 31.  Section 3.260, Public Utility Regulatory Act of
  59-11  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  59-12  Session, 1995, is amended to read as follows:
  59-13        Sec. 3.260.  SALE, ASSIGNMENT, OR LEASE OF CERTIFICATE.  If
  59-14  the commission determines that a purchaser, assignee, or lessee is
  59-15  capable of rendering adequate service, a telecommunications
  59-16  <public> utility may sell, assign, or lease a certificate of public
  59-17  convenience and necessity or certificate of operating authority or
  59-18  any rights obtained under the certificate.  The sale, assignment,
  59-19  or lease shall be on the conditions prescribed by the commission.
  59-20        SECTION 32.  Section 3.261, Public Utility Regulatory Act of
  59-21  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  59-22  Session, 1995, is amended to read as follows:
  59-23        Sec. 3.261.  INTERFERENCE WITH OTHER TELECOMMUNICATIONS
  59-24  <PUBLIC> UTILITY.  If a telecommunications <public> utility in
  59-25  constructing or extending its lines, plant, or system interferes or
  59-26  attempts to interfere with the operation of a line, plant, or
  59-27  system of any other utility, the commission may issue an order
   60-1  prohibiting the construction or extension or prescribing terms and
   60-2  conditions for locating the lines, plants, or systems affected.
   60-3        SECTION 33.  Subtitle F, Title III, Public Utility Regulatory
   60-4  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   60-5  Regular Session, 1995, is amended by adding Section 3.2615 to read
   60-6  as follows:
   60-7        Sec. 3.2615.  DIRECTORY LISTINGS AND ASSISTANCE.  (a)
   60-8  Companies providing local exchange telephone service shall
   60-9  negotiate the terms and conditions of printed directory listings
  60-10  and directory assistance within overlapping certificated areas.
  60-11        (b)  On complaint by the incumbent local exchange company or
  60-12  the holder of the certificate of convenience and necessity,
  60-13  certificate of operating authority, or service provider certificate
  60-14  of operating authority, the commission may resolve disputes between
  60-15  the parties and, if necessary, issue an order setting the terms and
  60-16  conditions of the directory listings or directory assistance.
  60-17        (c)  This section does not affect the authority of an
  60-18  incumbent local exchange company to voluntarily conduct
  60-19  negotiations with an applicant for a certificate of convenience and
  60-20  necessity, certificate of operating authority, or service provider
  60-21  certificate of operating authority.
  60-22        SECTION 34.  Section 3.262, Public Utility Regulatory Act of
  60-23  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  60-24  Session, 1995, is amended to read as follows:
  60-25        Sec. 3.262.  IMPROVEMENTS IN SERVICE; INTERCONNECTING
  60-26  SERVICE; EXTENDED AREA TOLL-FREE TELEPHONE SERVICE.  (a)  After
  60-27  notice and hearing, the commission may:
   61-1              (1)  order a public utility to provide specified
   61-2  improvements in its service in a defined area, if service in such
   61-3  area is inadequate or is substantially inferior to service in a
   61-4  comparable area and it is reasonable to require the company to
   61-5  provide such improved service;
   61-6              (2)  order two or more utilities to establish specified
   61-7  facilities for the interconnecting service; <and>
   61-8              (3)  order a telephone company or telephone companies
   61-9  to provide extended area toll-free service within a specified
  61-10  metropolitan area where there is a sufficient community of interest
  61-11  within the area and such service can reasonably be provided; and
  61-12              (4)  order one or more telephone companies to provide
  61-13  optional extended area service within a specified calling area if
  61-14  provision of the service is jointly agreed to by the
  61-15  representatives of each affected telephone company and the
  61-16  representatives of a political subdivision or subdivisions within
  61-17  the proposed common calling area, provided that the proposed common
  61-18  calling area has a single, continuous boundary.
  61-19        (b)  If more than one political subdivision is affected by a
  61-20  proposed optional calling plan under Subsection (a)(4) of this
  61-21  section, the agreement of each political subdivision is not
  61-22  required.  The commission may not adopt rules that diminish in any
  61-23  manner the ability of a political subdivision or affected telephone
  61-24  company to enter into joint agreements for optional extended area
  61-25  calling service.  In this subsection and in Subsection (a)(4) of
  61-26  this section, "political subdivision" means a county or
  61-27  municipality or an unincorporated town or village that has 275 or
   62-1  more access lines.
   62-2        SECTION 35.  Subtitle F, Title III, Public Utility Regulatory
   62-3  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   62-4  Regular Session, 1995, is amended by adding Section 3.2625 to read
   62-5  as follows:
   62-6        Sec. 3.2625.  PAY TELEPHONES.  (a)  The right of a provider
   62-7  of pay telephone service to set the provider's rates and charges
   62-8  and the commission's authority over the pay telephone service rates
   62-9  of incumbent local exchange companies is expressly limited by this
  62-10  section.
  62-11        (b)  A provider of pay telephone service may not impose on
  62-12  pay phone end users any charge for local directory assistance or
  62-13  calls made under Chapter 771 or 772, Health and Safety Code.
  62-14        (c)  A provider of pay telephone service may not charge end
  62-15  users more than 25 cents for each five minutes, or increment of
  62-16  five minutes, of a pay telephone coin sent-paid call within the
  62-17  local exchange company's toll-free local calling area; provided
  62-18  that the total charge for the local call may not exceed the maximum
  62-19  amount allowed by Section 3.306 of this Act.  This subsection does
  62-20  not prohibit the commission from establishing  a higher charge for
  62-21  each five minutes of use or increment of five minutes,  following
  62-22  the completion of the proceeding provided by Section 3.457 of this
  62-23  Act.  This subsection does not limit the charge that may be imposed
  62-24  for a credit card or operator-handled call.
  62-25        (d)  A provider of pay telephone service may impose a set use
  62-26  fee not exceeding 25 cents at the point at which the call is
  62-27  initiated for each "1-800" type call made from a pay telephone,
   63-1  provided that:
   63-2              (1)  except for pay telephones of local exchange
   63-3  companies, the pay telephone is registered with the commission and
   63-4  the provider certifies that the pay telephone is in compliance with
   63-5  commission rules regarding the provision of pay telephone service;
   63-6              (2)  the imposition of the set use fee is not
   63-7  inconsistent with federal law;
   63-8              (3)  the fee is not imposed for any local call, 9-1-1
   63-9  call, or local directory assistance call;
  63-10              (4)  the fee is not imposed for a call that is covered
  63-11  by the Telephone Operator Consumer Services Improvement Act of 1990
  63-12  (47 U.S.C. Section 226);
  63-13              (5)  the pay telephone service provider causes to be
  63-14  posted on each pay telephone instrument, in plain sight of the user
  63-15  and in a manner consistent with existing commission requirements
  63-16  for posting information, the fact that the surcharge will apply to
  63-17  those calls; and
  63-18              (6)  the commission may not impose on a local exchange
  63-19  company the duty or obligation to record the use of pay telephone
  63-20  service, bill or collect for the use, or remit the fee provided by
  63-21  this subsection to the provider of the service.
  63-22        (e)  A provider of pay telephone service, other than an
  63-23  incumbent local exchange company, may not charge for credit card,
  63-24  calling card, or live or automated operator-handled calls a rate or
  63-25  charge that is an amount greater than the authorized rates and
  63-26  charges published, in the eight newspapers having the largest
  63-27  circulation in this state, on March 18, 1995, provided that the
   64-1  payphone rates of an incumbent local exchange company subject to
   64-2  Subtitle H of this title are governed by that subtitle.  The
   64-3  published rates remain in effect until changed by the legislature.
   64-4        (f)  The commission shall adopt rules within 180 days from
   64-5  the effective date of this section that require every provider of
   64-6  pay telephone service not holding a certificate of convenience and
   64-7  necessity to register with the commission.  A provider of pay
   64-8  telephone service must be registered  with  the commission in order
   64-9  to do business in this state.
  64-10        (g)  The commission may order disconnection of service for up
  64-11  to one year for repeat violations of commission rules.
  64-12        (h)  The commission may adopt rules regarding information to
  64-13  be posted on pay telephone instruments, but those rules may not
  64-14  require a provider of pay telephone service or an affiliate of a
  64-15  provider to police the compliance  with those rules by another
  64-16  provider of pay telephone service.
  64-17        (i)  In this section, "provider of pay telephone service"
  64-18  means a subscriber to customer-owned pay telephone service, an
  64-19  incumbent local exchange company providing pay telephone service,
  64-20  and any other entity providing pay telephone service.
  64-21        SECTION 36.  Section 3.263(a), Public Utility Regulatory Act
  64-22  of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  64-23  Regular Session, 1995, is amended to read as follows:
  64-24        (a)  The commission at any time after notice and hearing may
  64-25  revoke or amend any certificate of convenience and necessity,
  64-26  certificate of operating authority, or service provider certificate
  64-27  of operating authority if it finds that the certificate holder has
   65-1  never provided or is no longer providing service in the area or
   65-2  part of the area covered by the certificate.
   65-3        SECTION 37.  Section 3.302, Public Utility Regulatory Act of
   65-4  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   65-5  Session, 1995, is amended by adding Subsection (i) to read as
   65-6  follows:
   65-7        (i)  A commercial mobile radio service ("CMRS") provider may
   65-8  offer caller identification services under the same terms and
   65-9  conditions provided by Subsections (c)-(f) of this section.
  65-10        SECTION 38.  Section 3.303, Public Utility Regulatory Act of
  65-11  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  65-12  Session, 1995, is amended to read as follows:
  65-13        Sec. 3.303.  INTEREXCHANGE SERVICES; INCUMBENT LOCAL EXCHANGE
  65-14  COMPANIES' RATES.  Incumbent local <Local> exchange companies'
  65-15  rates for interexchange telecommunications services must be
  65-16  statewide average rates unless the commission on application and
  65-17  hearing orders otherwise.  Nothing in this section limits an
  65-18  incumbent <a> local exchange company's ability to enter into
  65-19  contracts for high speed private line services of 1.544 megabits or
  65-20  greater under the provisions of Section 3.051 of this Act.
  65-21        SECTION 39.  Sections 3.304(a) and (b), Public Utility
  65-22  Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th
  65-23  Legislature, Regular Session, 1995, are amended to read as follows:
  65-24        (a)  To address telephone calling needs between nearby
  65-25  telephone exchanges, the commission shall initiate a rulemaking
  65-26  proceeding to approve rules to provide for an expedited hearing to
  65-27  allow the expanding of toll-free calling areas according to the
   66-1  following criteria:
   66-2              (1)  Toll-free calling boundaries may only be expanded
   66-3  under this section after the filing of a petition signed by the
   66-4  lesser of five percent of the subscribers or 100 subscribers within
   66-5  an exchange.  A petitioning exchange may not request expansion to
   66-6  more than five exchanges.  If such a petition is filed with the
   66-7  commission, the commission shall order the incumbent local exchange
   66-8  company to provide for the balloting of its subscribers within the
   66-9  petitioning exchange and, if there is an affirmative vote of at
  66-10  least 70 percent of those responding, the commission shall consider
  66-11  the request.
  66-12              (2)  The commission shall provide for the expansion of
  66-13  toll-free calling areas for each incumbent local exchange customer
  66-14  in the petitioning exchange if the petitioning exchange serves not
  66-15  more than 10,000 lines and if:
  66-16                    (A)  the petitioning exchange is located within
  66-17  22 miles of the exchange requested for toll-free calling service;
  66-18  or
  66-19                    (B)  the petitioning exchange shares a community
  66-20  of interest with the exchange requested for toll-free calling
  66-21  service.  For purposes of this paragraph, "community of interest"
  66-22  includes areas that have a relationship because of schools,
  66-23  hospitals, local governments, business centers, and other
  66-24  relationships the unavailability of which would cause a hardship to
  66-25  the residents of the area but need not include an area where the
  66-26  affected central offices are more than 50 miles apart.
  66-27              (3)(A)  The incumbent local exchange company shall
   67-1  recover all of its costs incurred and all loss of revenue from any
   67-2  expansion of toll-free calling areas under this section through a
   67-3  request other than a revenue requirement showing by:
   67-4                          (i)  a monthly fee for toll-free calling
   67-5  service of not more than $3.50 per line for residential customers
   67-6  nor more than $7 per line for business customers for up to five
   67-7  exchanges, to be collected from all such residential or business
   67-8  customers in the petitioning exchange and only until the incumbent
   67-9  local exchange company's next general rate case;
  67-10                          (ii)  a monthly fee for toll-free calling
  67-11  service for all of the incumbent local exchange company's local
  67-12  exchange service customers in the state in addition to the
  67-13  company's current local exchange rates; or
  67-14                          (iii)  both (i) and (ii).
  67-15                    (B)  An incumbent <A> local exchange company may
  67-16  not recover regulatory case expenses under this section by
  67-17  surcharging petitioning exchange subscribers.
  67-18        (b)(1)  The commission and an incumbent <a> local exchange
  67-19  company are not required to comply with this section with regard to
  67-20  a petitioning exchange or petitioned exchange if:
  67-21                    (A)  the commission determines that there has
  67-22  been a good and sufficient showing of a geographic or technological
  67-23  infeasibility to serve the area;
  67-24                    (B)  the incumbent local exchange company has
  67-25  less than 10,000 lines;
  67-26                    (C)  the petitioning or petitioned exchange is
  67-27  served by a cooperative;
   68-1                    (D)  extended area service or extended
   68-2  metropolitan service is currently available between the petitioning
   68-3  and petitioned exchanges; or
   68-4                    (E)  the petitioning or petitioned exchange is a
   68-5  metropolitan exchange.
   68-6              (2)  The commission may expand the toll-free calling
   68-7  area into an exchange not within a metropolitan exchange but within
   68-8  the local calling area contiguous to a metropolitan exchange that
   68-9  the commission determines to have a community of interest
  68-10  relationship with the petitioning exchange.  For the purposes of
  68-11  this section, metropolitan exchange, local calling area of a
  68-12  metropolitan exchange, and exchange have the meanings and
  68-13  boundaries as defined and approved by the commission on September
  68-14  1, 1993.  However, under no circumstances shall a petitioning or
  68-15  petitioned exchange be split in the provision of a toll-free
  68-16  calling area.
  68-17        SECTION 40.  Subtitle G, Title III, Public Utility Regulatory
  68-18  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  68-19  Regular Session, 1995, is amended by adding Section 3.308 to read
  68-20  as follows:
  68-21        Sec. 3.308.  CHARGE FOR EXTENDED AREA SERVICE.  (a)  An
  68-22  incumbent local exchange company serving more than one million
  68-23  access lines in this state that provides mandatory two-way extended
  68-24  area service to customers for a separately stated monthly charge of
  68-25  more than $3.50 per line for residential customers and $7 per line
  68-26  for business customers shall file with the commission to reduce its
  68-27  monthly rates for that extended area service to $3.50 per line for
   69-1  residential customers and $7 per line for business customers.  The
   69-2  incumbent local exchange company shall recover all of its costs
   69-3  incurred and all loss of revenue that results from implementation
   69-4  of those rates in the manner prescribed by Section
   69-5  3.304(a)(3)(A)(ii) of this Act.
   69-6        (b)  The commission and an incumbent local exchange company
   69-7  are not required to comply with this section with regard to the
   69-8  separately stated monthly charges for the provision of mandatory
   69-9  two-way extended area service if the charge is for extended area
  69-10  service in or into a metropolitan exchange or the charge is for
  69-11  extended metropolitan service.
  69-12        SECTION 41.  The Public Utility Regulatory Act of 1995, as
  69-13  enacted by S.B. 319, Acts of the 74th Legislature, Regular Session,
  69-14  1995, is amended by amending Subtitles H and I and adding Subtitles
  69-15  J-N to read as follows:
  69-16        SUBTITLE H.  INCENTIVE REGULATION OF TELECOMMUNICATIONS
  69-17        Sec. 3.351.  POLICY.  Given the current status of competition
  69-18  in the telecommunications industry, it is the policy of the
  69-19  legislature to:
  69-20              (1)  provide a framework for an orderly transition from
  69-21  traditional return on invested capital regulation to a fully
  69-22  competitive telecommunications marketplace where all
  69-23  telecommunications providers compete on fair terms;
  69-24              (2)  preserve and enhance universal telecommunications
  69-25  service at affordable rates;
  69-26              (3)  upgrade the telecommunications infrastructure of
  69-27  this state;
   70-1              (4)  promote network interconnectivity; and
   70-2              (5)  promote diversity in the supply of
   70-3  telecommunications services and innovative products and services
   70-4  throughout the entire state, both urban and rural.
   70-5        Sec. 3.352.  ELECTION AND BASKETS OF SERVICES.  (a)  After
   70-6  the enactment of this subtitle, an incumbent local exchange company
   70-7  may notify the commission in writing of the company's election to
   70-8  be regulated under this subtitle.  The notice must state the
   70-9  company's commitment to limit any increase in the rates charged for
  70-10  a four-year period for the services included in Section 3.353 of
  70-11  this Act and its infrastructure commitment as described by Section
  70-12  3.358 of this Act.
  70-13        (b)(1)  The services provided by an incumbent local exchange
  70-14  company electing incentive regulation under this subtitle
  70-15  ("electing company") shall be initially classified into three
  70-16  categories or "baskets":
  70-17                    (A)  "Basket I: basic network services";
  70-18                    (B)  "Basket II: discretionary services"; and
  70-19                    (C)  "Basket III: competitive services."
  70-20              (2)  The commission shall have the authority to
  70-21  reclassify a service from Basket I to Basket II or Basket III, or
  70-22  from Basket II to Basket III, consistent with the criteria
  70-23  prescribed by Section 3.357 of this Act.
  70-24        (c)  An electing company's telecommunications services shall
  70-25  be regulated under this subtitle regardless of whether that company
  70-26  is a "dominant carrier" as that term is defined by Section 3.002 of
  70-27  this Act.
   71-1        (d)  If, subsequent to the enactment of this subtitle, an
   71-2  incumbent local exchange company notifies the commission in writing
   71-3  of its election to incentive regulation under this subtitle, the
   71-4  company may not under any  circumstances be subject to any
   71-5  complaint, hearing, or determination as to the reasonableness of
   71-6  its rates, its overall revenues, its return on invested capital, or
   71-7  its net income.  However, the company's implementation and
   71-8  enforcement of the competitive safeguards required by Subtitle J of
   71-9  this title are not excluded from a complaint, hearing, or
  71-10  determination.  Nothing herein restricts any consumer's right to
  71-11  complain to the commission regarding quality of service, the
  71-12  commission's right to enforce quality of service standards, or the
  71-13  consumer's right to complain regarding the application of an
  71-14  ambiguous tariff, and if the commission finds an ambiguity, the
  71-15  commission's right to determine the proper application of the
  71-16  tariff or to determine the proper rate if the tariff is found to
  71-17  not apply, but this does not permit the commission to lower a
  71-18  tariff rate except as specifically provided by this Act, to change
  71-19  its interpretation of a tariff, or to change a tariff so as to
  71-20  extend its application to new classes of customers.
  71-21        Sec. 3.353.  BASKET I:  BASIC NETWORK SERVICES.  (a)  The
  71-22  following services shall initially be classified as basic network
  71-23  services in Basket I as of September 1, 1995:
  71-24              (1)  flat rate residential and business local exchange
  71-25  telephone service, including primary directory listings and the
  71-26  receipt of a directory and any applicable mileage or zone charges;
  71-27              (2)  tone dialing service;
   72-1              (3)  lifeline and tel-assistance services;
   72-2              (4)  service connection charges for basic services;
   72-3              (5)  direct inward dialing service for basic services;
   72-4              (6)  private pay telephone access service;
   72-5              (7)  call trap and trace service;
   72-6              (8)  access to 911 service where provided by a local
   72-7  authority and access to dual party relay service;
   72-8              (9)  switched access service;
   72-9              (10)  interconnection to competitive providers;
  72-10              (11)  mandatory extended area service arrangements;
  72-11              (12)  mandatory extended metropolitan service or other
  72-12  mandatory toll-free calling arrangements;
  72-13              (13)  interconnection for commercial mobile radio
  72-14  service providers;
  72-15              (14)  directory assistance; and
  72-16              (15)  1+ intraLATA message toll service.
  72-17        (b)  On an incumbent local exchange company's election under
  72-18  Section 3.352 of this Act, increases in rates for basic network
  72-19  services are permitted only with commission approval and only
  72-20  within the parameters specified by Subsection (c) of this section
  72-21  for four years following the election.  Notwithstanding the
  72-22  requirements prescribed by Section 3.457 of this Act, rates for
  72-23  basic network services may be decreased at any time on the
  72-24  initiative of the electing company to a floor above long run
  72-25  incremental cost for switched access service or the appropriate
  72-26  cost for any basic local telecommunications service, which shall be
  72-27  long run incremental cost as to any incumbent local exchange
   73-1  company that is required by the commission to perform long run
   73-2  incremental cost studies or elects to perform those studies.  This
   73-3  section does not affect the charges permitted under Section 3.304,
   73-4  3.308, or 3.608 of this Act.  The rate decreases for basic network
   73-5  services permitted by this section may not be replaced by increases
   73-6  in the assessment for the Regulatory Transition Fund (RTF) except
   73-7  as specifically permitted by Section 3.610 of this Act.  The
   73-8  commission may not increase service standards applicable to the
   73-9  provision of local exchange telephone service by an electing
  73-10  company if the increased investment required to comply with the
  73-11  increased standard exceeds in any one year 10 percent of the
  73-12  incumbent local exchange company's average annual intrastate
  73-13  additions in capital investment for the most recent five-year
  73-14  period.  In calculating the average, the incumbent local exchange
  73-15  company shall exclude extraordinary investments made during that
  73-16  five-year period.  If the local exchange rates of an electing local
  73-17  exchange company are reduced at its initiation before the adoption
  73-18  of the pricing rule provided by Section 3.457 of this Act, the
  73-19  total amount of the annual reduction shall be deducted from the
  73-20  total amount of embedded non-traffic sensitive costs computed under
  73-21  Section 3.610(h) of this Act.
  73-22        (c)(1)  Rates for basic network services may be changed in
  73-23  the following circumstances and only with commission approval that
  73-24  the proposed change is included in this subsection.
  73-25              (2)  On motion of an electing incumbent local exchange
  73-26  company or on its own motion, the commission shall proportionally
  73-27  adjust prices for services to reflect changes in Federal
   74-1  Communications Commission separations affecting intrastate net
   74-2  income by 10 percent or more.
   74-3              (3)  If, after 42 months after the date of the
   74-4  incumbent local exchange company's election, an electing company in
   74-5  this state with less than five million access lines is in
   74-6  compliance with its infrastructure commitment, all quality of
   74-7  services requirements, and all commission rules enacted under
   74-8  Subtitle J of this title, on application of the incumbent local
   74-9  exchange company, the commission may undertake a proceeding to
  74-10  review the need for changes in the rates of services.  The
  74-11  application may request that the commission adjust rates, implement
  74-12  new pricing plans, restructure rates, or rebalance revenues between
  74-13  services to recognize changed market conditions and the effects of
  74-14  competitive entry.  The commission may use an index and a
  74-15  productivity offset in determining these changes.  The commission
  74-16  may not order an increase in residential local exchange telephone
  74-17  service that would cause those rates to increase by more than the
  74-18  United States Consumer Price Index in any 12-month period.  In no
  74-19  case may the new monthly rate exceed the nationwide average of
  74-20  local exchange telephone service rates for like services.  A
  74-21  company electing to receive regulatory transition fund (RTF)
  74-22  receipts under Section 3.610 of this Act may not be permitted to
  74-23  increase switched access rates under this subdivision.
  74-24              (4)  The commission may authorize increases permitted
  74-25  by Section 3.610 of this Act.
  74-26              (5)  Notwithstanding the commitments made under Section
  74-27  3.352 of this Act, a rate group reclassification occurring as a
   75-1  result of access lines growth shall be allowed by the commission on
   75-2  request of the electing company.
   75-3        (d)(1)  Except as provided by Section 3.2572 of this Act, the
   75-4  regulation of basic network services of an electing company shall,
   75-5  to the extent not inconsistent with this subtitle, be governed by:
   75-6                    (A)  Title I of this Act;
   75-7                    (B)  this subtitle;
   75-8                    (C)  Subtitles A, B, C, F, G, J, K, and L of this
   75-9  title;
  75-10                    (D)  Sections 3.201, 3.202, 3.204, 3.210, 3.211,
  75-11  3.215, 3.216, 3.217, 3.218, and 3.219 of this Act; and
  75-12                    (E)  all commission procedures and rules not
  75-13  inconsistent with this subtitle.
  75-14              (2)  Changes to the terms and conditions of the tariff
  75-15  offering of a basic network service, other than price changes,
  75-16  continue to require commission approval.
  75-17        (e)  The rates capped in Subsection (b) of this section as a
  75-18  result of a company's election shall be the rates charged by the
  75-19  company on June 1, 1995, without regard to proceedings pending
  75-20  under Section 1.301 or 3.210 of this Act or under Subchapter G,
  75-21  Chapter 2001, Government Code.  However, for an electing local
  75-22  exchange company with more than one million access lines in this
  75-23  state, if income tax-related issues in any pending proceeding under
  75-24  Subchapter G, Chapter 2001, Government Code, are resolved against
  75-25  the company, the company shall spend the value of the tax issues
  75-26  for the test period on that company's infrastructure commitment
  75-27  under Section 3.358, and that expenditure shall be credited against
   76-1  the amounts required by Sections 3.358(c) and (d) of this Act.
   76-2        Sec. 3.354.  RATE ADJUSTMENT PROCEDURES.  (a)  An electing
   76-3  company may adjust its rates for basic network services under
   76-4  Section 3.353(c) of this Act on notice to the commission.  The
   76-5  notice to the commission of a rate adjustment must be accompanied
   76-6  with sufficient documentary support to demonstrate that the rate
   76-7  adjustment meets the criteria prescribed by Section 3.353(c) of
   76-8  this Act.  The commission shall establish by rule or order the
   76-9  documentation to be required under this subsection.
  76-10        (b)  Notice to customers shall be published once in a
  76-11  newspaper of general circulation in the service area to be affected
  76-12  within a reasonable time period after the notice for a rate
  76-13  adjustment is provided to the commission, and shall be included in
  76-14  or on the bill of each affected consumer in the next billing
  76-15  subsequent to the filing with the commission.  The notice shall
  76-16  contain a title that includes the name of the company and the words
  76-17  "NOTICE OF POSSIBLE RATE CHANGE."  The notice shall contain the
  76-18  following information:
  76-19              (1)  a statement that the consumer's rate may change;
  76-20              (2)  an estimate of the amount of the annual change for
  76-21  the typical residential, business, or access consumers that would
  76-22  result if the rate adjustment is approved by the commission, which
  76-23  estimate shall be printed in a type style and size that are
  76-24  distinct from and larger than the type style and size of the body
  76-25  of the notice; and
  76-26              (3)  a statement that a consumer who wants to comment
  76-27  on the rate adjustment or who wants additional details regarding
   77-1  the rate adjustment may call or write the commission, which
   77-2  statement must include  the telephone number and address of the
   77-3  commission and a statement that additional details will be provided
   77-4  free of charge to the consumer at the expense of the company.
   77-5        (c)  The commission shall review the adjusted rates to ensure
   77-6  that the proposed adjustment conforms to the requirements of
   77-7  Section 3.353(c) of this Act.  A rate adjustment under Section
   77-8  3.353(c)(2), (3), (4), or (5) of this Act takes effect 90 days
   77-9  after the date of completion of notice.
  77-10        (d)  An incumbent local exchange company that has five
  77-11  percent or fewer of the total access lines in this state may adopt
  77-12  the cost, if determined based on a long run incremental cost study,
  77-13  for the same or substantially similar services offered by a larger
  77-14  incumbent local exchange company without the requirement of
  77-15  presenting long run incremental cost studies of its own.
  77-16        (e)  Either by complaint filed by an affected party or on the
  77-17  commission's own motion at any time before the rate adjustment
  77-18  takes effect, the commission may suspend the effective date of the
  77-19  rate adjustment and hold a hearing to review a rate set under
  77-20  Section 3.353(c)(2), (3), (4), or (5) of this Act and after the
  77-21  review issue an order approving, modifying, or rejecting the rate
  77-22  adjustment if it is not in compliance with the applicable
  77-23  provisions.  Any order modifying or rejecting the proposed rate
  77-24  adjustment shall specify each reason why the proposed adjustment is
  77-25  not in compliance with the applicable provisions of Section
  77-26  3.353(c)(2), (3), (4), or (5) of this Act and the means by which
  77-27  the proposed adjustment may be brought into compliance.
   78-1        (f)  Any rate restructure under Section 3.353(c) of this Act
   78-2  shall follow the notice and hearing procedures prescribed by
   78-3  Sections 3.211(a)-(c) of this Act.
   78-4        Sec. 3.355.  BASKET II:  DISCRETIONARY SERVICES.  (a)  Basket
   78-5  II services include all services or functions provided by the
   78-6  electing company that have not been granted pricing flexibility in
   78-7  a particular geographic market and that have not been listed under
   78-8  Baskets I or III.
   78-9        (b)  The following services are initially classified as
  78-10  discretionary services in Basket II as of September 1, 1995:
  78-11              (1)  1+ intraLATA message toll services, where
  78-12  intraLATA equal access is available;
  78-13              (2)  0+, 0- operator services;
  78-14              (3)  call waiting, call forwarding, and custom calling
  78-15  features not listed in Basket III;
  78-16              (4)  call return, caller ID, and call control options
  78-17  not listed in Basket III;
  78-18              (5)  central office based PBX-type services;
  78-19              (6)  billing and collection services;
  78-20              (7)  integrated services digital network (ISDN)
  78-21  services; and
  78-22              (8)  new services.
  78-23        (c)  The commission may reclassify a service from Basket I to
  78-24  Basket II or Basket III, or from Basket II to Basket III,
  78-25  consistent with the criteria prescribed by Section 3.357 of this
  78-26  Act.
  78-27        (d)  The prices for each Basket II service or function
   79-1  provided by the electing company shall be set above the LRIC cost.
   79-2  The commission shall set the reasonable price ceiling over and
   79-3  above LRIC cost, but the ceiling may not be set below or above the
   79-4  rate in effect on September 1, 1995, without regard to proceedings
   79-5  pending under Section 1.301 or 3.210 of this Act or under
   79-6  Subchapter G, Chapter 2001, Government Code.  The ceiling may be
   79-7  raised only after the proceedings required under Subtitle J of this
   79-8  title.  Thereafter, the commission may change the price ceiling but
   79-9  may not increase the ceiling more than 10 percent annually.  Within
  79-10  the range of the LRIC floor and the price ceiling, the incumbent
  79-11  local exchange company may change the price of each service,
  79-12  including using volume and term discounts, zone density pricing,
  79-13  packaging of services, customer specific pricing, and other
  79-14  promotional pricing flexibility, but shall notify the commission of
  79-15  each change.  The placement of a service in Basket II does not
  79-16  preclude an incumbent local exchange company from using any of the
  79-17  regulatory treatments authorized by or under Section 3.051 of this
  79-18  Act.  Discounts and other forms of pricing flexibility may not be
  79-19  preferential, prejudicial, or discriminatory.
  79-20        Sec. 3.356.  BASKET III:  COMPETITIVE SERVICES.  (a)  The
  79-21  following services are Basket III competitive services and shall be
  79-22  subject to pricing flexibility as of September 1, 1995:
  79-23              (1)  services described in the WATS tariff as of
  79-24  January 1, 1995;
  79-25              (2)  800 and foreign exchange services;
  79-26              (3)  private line service;
  79-27              (4)  special access service;
   80-1              (5)  services from public pay telephones;
   80-2              (6)  paging services and mobile services (IMTS);
   80-3              (7)  911 premises equipment;
   80-4              (8)  speed dialing; and
   80-5              (9)  three-way calling.
   80-6        (b)  The commission may reclassify a service from Basket I to
   80-7  Basket II or Basket III or from Basket II to Basket III, consistent
   80-8  with the criteria prescribed by Section 3.357 of this Act.
   80-9        (c)  The electing company may set the price for the service
  80-10  at any level above the service's LRIC, in compliance with the
  80-11  imputation rules established under Subtitle J of this title.
  80-12  Permissible pricing flexibility includes volume and term discounts,
  80-13  zone density pricing, packaging of services, customer specific
  80-14  contracts, and other promotional pricing flexibility, subject to
  80-15  the requirements of Section 3.451 of this Act.  Discounts and other
  80-16  forms of pricing flexibility may not be preferential, prejudicial,
  80-17  or discriminatory.  However, an electing incumbent local exchange
  80-18  company may not increase the price of a service in a geographic
  80-19  area in which that service or a functionally equivalent service is
  80-20  not readily available from another provider.
  80-21        (d)  Not later than January 1, 2000, the commission shall
  80-22  initiate a review and evaluation of any incumbent local exchange
  80-23  company electing treatment under this subtitle or Subtitle I of
  80-24  this title to review and evaluate the effects of the election,
  80-25  including consumer benefits, impact of competition, infrastructure
  80-26  investments, and quality of service.  The commission shall file a
  80-27  report and its recommendations to the legislature by January 1,
   81-1  2001, as to whether the incentive regulation plan should be
   81-2  extended, modified, eliminated, or replaced with some other form of
   81-3  regulation.  The legislature, based on the commission's report, may
   81-4  authorize the commission to take action to extend, modify,
   81-5  eliminate, or replace the incentive plan provided by this subtitle
   81-6  and Subtitle I of this title.
   81-7        Sec. 3.357.  TRANSFERRING SERVICES.  (a)  In determining
   81-8  whether to transfer services from Basket I to Basket II or Basket
   81-9  III, or from Basket II to Basket III the commission shall establish
  81-10  standards that consider factors including:
  81-11              (1)  availability of the service from other providers;
  81-12              (2)  the proportion of the market that currently
  81-13  receives the service;
  81-14              (3)  the effect of the transfer on subscribers of the
  81-15  service; and
  81-16              (4)  the nature of the service.
  81-17        (b)  The commission may not transfer a service from one
  81-18  basket to another until full implementation of all competitive
  81-19  safeguards required by Sections 3.452, 3.453, 3.454, 3.455, 3.456,
  81-20  3.457, and 3.458 of this Act.
  81-21        Sec. 3.358.  INFRASTRUCTURE COMMITMENT.  (a)  A company
  81-22  electing under Section 3.352 shall make an infrastructure
  81-23  commitment in writing to the governor and commission, committing to
  81-24  make a telecommunications infrastructure investment in this state.
  81-25  The electing company shall invest in the improvement and
  81-26  development of the state telecommunications infrastructure in
  81-27  accordance with this section.
   82-1        (b)(1)  The infrastructure investment shall be made in the
   82-2  company's service territory during the six-year period following
   82-3  the notification by the incumbent local exchange company that it
   82-4  will become an electing company.  The infrastructure investment
   82-5  shall include the network enhancements and special rates prescribed
   82-6  by this subsection.
   82-7              (2)  On customer request, the electing company shall
   82-8  provide broadband service capable of providing transmission speeds
   82-9  of up to 45 megabits per second for customer applications to any
  82-10  educational institution, as that term is defined by Section 3.605
  82-11  of this Act, library, and public or not-for-profit hospital or
  82-12  primary health care provider.
  82-13              (3)  Educational institutions, libraries, or hospitals
  82-14  receiving the services provided under this section may not be
  82-15  assessed special construction or installation charges.
  82-16              (4)  If the distance learning customer group has 10 or
  82-17  fewer locations, the electing company shall provide a 35-percent
  82-18  discount of  its preferred customer monthly charges for equivalent
  82-19  services for a direct connection of the service between each
  82-20  location and the central office that serves as the operating hub
  82-21  for the applicable distance learning customer group.
  82-22  Notwithstanding the pricing flexibility authorized by this Act, the
  82-23  electing company's rates for this service may not be increased for
  82-24  four years from the date of election.  An educational institution
  82-25  or a library may elect this rate treatment or the discount provided
  82-26  by Section 3.605 of this Act.
  82-27              (5)  If the telemedicine customer group has 10 or fewer
   83-1  locations, the electing company shall provide a 35-percent discount
   83-2  of its preferred customer monthly charges for equivalent services
   83-3  for a direct connection of the service between each location and
   83-4  the central office that serves as the operating hub for the
   83-5  applicable distance learning customer group.  Notwithstanding the
   83-6  pricing flexibility authorized by this Act, the electing company's
   83-7  rates for this service may not be increased for four years from the
   83-8  date of election.
   83-9              (6)  On request for 1.544 megabits per second private
  83-10  line or special access service, there shall be a 35-percent
  83-11  discount of the applicable tariff or special access rate for
  83-12  preferred monthly charges for equivalent services for educational
  83-13  institutions and libraries.  This discount is in lieu of the
  83-14  discount provided by Section 3.605 of this Act.
  83-15              (7)  On request by schools or libraries in exchanges of
  83-16  an electing company serving more than five million access lines in
  83-17  which toll-free access to the Internet is not available, the local
  83-18  exchange company shall make available a toll-free connection or
  83-19  toll-free dialing arrangement for use by schools or libraries in
  83-20  accessing the Internet in an exchange in which Internet access is
  83-21  available on a toll-free basis.  The connection or dialing
  83-22  arrangement shall be provided at no charge to the school or library
  83-23  until Internet access becomes available in the exchange of the
  83-24  requesting school or library.  The local exchange company is not
  83-25  required to arrange for Internet access or to pay Internet charges
  83-26  for the requesting schools or libraries.
  83-27              (8)  On request of a distance learning customer group
   84-1  having 10 or fewer locations where there are different special
   84-2  access or tariff rates for individual customers within the serving
   84-3  group used to provide the basis for the discount, the electing
   84-4  company shall request special access rates for the distance
   84-5  learning customer group based on the most cost-effective rate
   84-6  structure for the distance learning customer group.
   84-7              (9)  An electing company of one million access lines or
   84-8  more that is obligated to make an investment and incur expenses to
   84-9  accomplish the requirements of this section shall give investment
  84-10  priority to serving rural areas, areas designated as critically
  84-11  underserved, medically or educationally, and schools with high
  84-12  percentages of economically disadvantaged students.
  84-13              (10)  For an electing company serving more than one
  84-14  million access lines and fewer than five million access lines, the
  84-15  company may include as infrastructure investments any investments
  84-16  and expenses incurred in providing digital switching central
  84-17  offices in exchanges having fewer than 20,000 access lines, but
  84-18  only if those investments and expenses are incurred after September
  84-19  1, 1995, and before December 31, 1998.
  84-20        (c)  For an electing company serving five million access
  84-21  lines or more, the obligation to make investments and incur
  84-22  expenses to accomplish the requirements of this section is equal to
  84-23  $1.1 billion over the six-year period.  If five years after that
  84-24  company's election demand for broadband facilities as described by
  84-25  Subsection (b) of this section has not required the company to
  84-26  invest the entire amount specified by this subsection or to have
  84-27  plans for that investment in the sixth year, the company and the
   85-1  commission shall agree on a plan in which the company commits to
   85-2  invest the remaining unspent balance in the infrastructure plan
   85-3  described by this section, make a grant equal to the unspent
   85-4  balance to the Telecommunications Infrastructure Fund provided by
   85-5  Section 3.606 of this Act, or both.
   85-6        (d)  For an electing company serving more than one million
   85-7  access lines and fewer than 5 million access lines, the obligation
   85-8  to make investments and incur expenses to accomplish the
   85-9  requirements of this section is equal to $300 million over the
  85-10  six-year period.  If five years after that company's election
  85-11  demand for broadband facilities as described by Subsection (b) of
  85-12  this section has not required the company to invest the entire
  85-13  amount specified by this subsection or to have plans for that
  85-14  investment in the sixth year, the company and the commission shall
  85-15  agree on a plan in which the company commits to invest the
  85-16  remaining unspent balance in the infrastructure plan described by
  85-17  this subsection, make a grant equal to the unspent balance to the
  85-18  Telecommunications Infrastructure Fund provided by Section 3.606 of
  85-19  this Act, or both.
  85-20        (e)  An electing company that is not covered by a specific
  85-21  infrastructure investment provision prescribed by this section
  85-22  shall make the infrastructure investment required by Section 3.403
  85-23  of this Act.
  85-24        (f)  Each electing company shall file a report with the
  85-25  commission each year on the anniversary date of its election that
  85-26  sets forth its progress on its infrastructure commitment.  The
  85-27  report shall include:
   86-1              (1)  the institutions requesting service under this
   86-2  section;
   86-3              (2)  the institutions served under this section;
   86-4              (3)  investment and expense in the previous period and
   86-5  cumulative for all periods; and
   86-6              (4)  any other information the commission considers
   86-7  necessary.
   86-8        (g)  In this section:
   86-9              (1)  "Distance learning customer group" means a group
  86-10  of educational institutions' premises, libraries, or both, that
  86-11  conduct distance learning and information sharing programs or
  86-12  library services with and among each other.  The number of premises
  86-13  of a group may be subject to the technical limitations of the
  86-14  service.
  86-15              (2)  "Telemedicine customer group" means a group of
  86-16  hospitals and primary health care facilities that conduct
  86-17  telemedicine programs with and among each other.  The number of
  86-18  premises of a group may be subject to the technical limitations of
  86-19  the service.
  86-20     SUBTITLE I.  INFRASTRUCTURE PLAN FOR RATE OF RETURN COMPANIES
  86-21        Sec. 3.401.  POLICY.  It is the policy of the legislature
  86-22  that those incumbent local exchange companies that do not elect to
  86-23  be regulated under Subtitle H of this title should nevertheless
  86-24  have incentives to deploy infrastructure that will benefit the
  86-25  citizens of this state, while maintaining reasonable local rates
  86-26  and universal service.
  86-27        Sec. 3.402.  ELECTION.  (a)  An incumbent local exchange
   87-1  company serving less than five percent of the access lines in this
   87-2  state that has not elected incentive regulation under Subtitle H of
   87-3  this title may elect for an infrastructure plan under this subtitle
   87-4  by notifying the commission in writing of its election under this
   87-5  section.
   87-6        (b)(1)  For a period of six years after the election date, an
   87-7  electing incumbent local exchange company may not seek an increase
   87-8  in any rate previously established for that company under this Act,
   87-9  except for the charges permitted under Sections 3.304, 3.308,
  87-10  3.608, and 3.610 of this Act, and in the following circumstances
  87-11  and only with commission approval that the proposed change is
  87-12  included in this subsection.
  87-13              (2)  On motion of an electing incumbent local exchange
  87-14  company or on its own motion, the commission shall adjust prices
  87-15  for services to reflect changes in Federal Communications
  87-16  Commission separations affecting intrastate net income by 10
  87-17  percent or more.
  87-18              (3)  A rate group classification occurring as a result
  87-19  of access lines growth shall be allowed by the commission on
  87-20  request of the electing company.
  87-21        (c)  Section 3.354 of this Act applies to a rate change under
  87-22  Subsection (b) of this section.
  87-23        (d)  If, subsequent to the enactment of this subtitle, an
  87-24  incumbent local exchange company notifies the commission in writing
  87-25  of its election to the alternative infrastructure plan under this
  87-26  subtitle, the electing company may not for a period of six years
  87-27  after the election date under any circumstances be subject to any
   88-1  complaint or hearing as to the reasonableness of its rates, its
   88-2  overall revenues, its return on invested capital, or its net income
   88-3  if the electing incumbent local exchange company is complying with
   88-4  its infrastructure commitment under Section 3.403 of this Act, nor
   88-5  may an electing company be subject to a complaint that any
   88-6  particular rate is excessive.  However, the company's
   88-7  implementation of the competitive safeguards required by Subtitle J
   88-8  of this title are not excluded from a complaint, hearing, or
   88-9  determination.  Nothing herein restricts any consumer's right to
  88-10  complain to the commission regarding quality of service, the
  88-11  commission's right to enforce quality of service standards, or the
  88-12  consumer's right to complain regarding the application of an
  88-13  ambiguous tariff, and if the commission finds an ambiguity, the
  88-14  commission's right to determine the proper application of the
  88-15  tariff or to determine the proper rate if the tariff is found to
  88-16  not apply, but this does not permit the commission to lower a
  88-17  tariff rate except as specifically provided by this Act, to change
  88-18  its interpretation of a tariff, or to change a tariff so as to
  88-19  extend its application to new classes of customers.  The commission
  88-20  may not increase service standards applicable to the provision of
  88-21  local exchange telephone service by an electing company if the
  88-22  increased investment required to comply with the increased standard
  88-23  exceeds in any one year 10 percent of the incumbent local exchange
  88-24  company's average annual intrastate additions in capital investment
  88-25  for the most recent five-year period.  In calculating the average,
  88-26  the incumbent local exchange company shall exclude extraordinary
  88-27  investments made during the five-year period.
   89-1        (e)  On application by an electing incumbent local exchange
   89-2  company, the commission may allow a company to withdraw its
   89-3  election under this section but only for good cause.  For the
   89-4  purpose of this section, good cause includes only matters that were
   89-5  beyond the control of the incumbent local exchange company.
   89-6        (f)  This section does not prohibit an incumbent local
   89-7  exchange company from making an election under Section 3.352 at any
   89-8  time, and if the company so elects, the infrastructure commitment
   89-9  made under Section 3.403 of this Act offsets any infrastructure
  89-10  commitment required in connection with the Section 3.352 election.
  89-11        (g)  The rates capped by Subsection (b) of this section as a
  89-12  result of a company's election shall be the rates charged by the
  89-13  company at the date of its election without regard to proceedings
  89-14  pending under Section 1.301 or 3.210 of this Act or under
  89-15  Subchapter G, Chapter 2001, Government Code.
  89-16        (h)  In this section, "election date" means the date on which
  89-17  the commission receives notice of election under this section.
  89-18        Sec. 3.403.  INFRASTRUCTURE COMMITMENT.  (a)  A company
  89-19  electing under Section 3.402 of this Act shall make an
  89-20  infrastructure commitment in writing to the governor and
  89-21  commission, committing to make the following telecommunications
  89-22  infrastructure investment in this state over a six-year period
  89-23  following the company's election.
  89-24        (b)(1)  The infrastructure investment shall include the
  89-25  network enhancements and special rates prescribed by this
  89-26  subsection.
  89-27              (2)  On customer request, the electing company shall
   90-1  provide broadband service capable of providing transmission speeds
   90-2  of up to 45 megabits per second for customer applications to any
   90-3  educational institution as that term is defined by Section 3.605 of
   90-4  this Act, library, and public or not-for-profit hospital or primary
   90-5  health care provider.
   90-6              (3)  Educational institutions, libraries, or hospitals
   90-7  receiving the services provided under this section may not be
   90-8  assessed special construction or installation charges.
   90-9        (c)  The electing company's infrastructure investment
  90-10  obligation over the six-year period is an amount equal to 15
  90-11  percent of the company's intrastate revenues in the year of
  90-12  election.
  90-13        (d)  On request for 1.544 megabits per second private line or
  90-14  special access service, there shall be a 35-percent discount of the
  90-15  applicable tariff or special access rate for preferred monthly
  90-16  charges for equivalent services for educational institutions and
  90-17  libraries.  This discount is in lieu of the discount provided by
  90-18  Section 3.605 of this Act.
  90-19        (e)  If five years after that company's election demand for
  90-20  broadband facilities as described by Subsection (b) has not
  90-21  required the company to invest the entire amount specified by
  90-22  Subsection (c) or to have plans for that investment in the sixth
  90-23  year, the company and the commission shall agree on a plan in which
  90-24  the company commits to invest the remaining unspent balance in the
  90-25  infrastructure plan described by this section, make a grant equal
  90-26  to the unspent balance to the "Telecommunications Infrastructure
  90-27  Fund" provided by Section 3.606 of this Act, or both.
   91-1        (f)  An electing company investment qualifies as an
   91-2  infrastructure development commitment under this section only if
   91-3  the investment is in addition to the company's annual capital
   91-4  investment averaged over the three years preceding the date of
   91-5  the election.  However, the electing company may apply to the
   91-6  commission for a determination that extraordinary expenditures
   91-7  justify using a different method for determining the level of
   91-8  investment above which the expenditure qualifies as an
   91-9  infrastructure commitment under this section.
  91-10        (g)  Each electing company shall file a report with the
  91-11  commission each year on the anniversary date of its election that
  91-12  sets forth its progress on its infrastructure commitment.  The
  91-13  report shall include:
  91-14              (1)  the institutions requesting service under this
  91-15  section;
  91-16              (2)  the institutions served under this section;
  91-17              (3)  investment and expense in the previous period and
  91-18  cumulative for all periods; and
  91-19              (4)  any other information the commission considers
  91-20  necessary.
  91-21                  SUBTITLE J.  COMPETITIVE SAFEGUARDS
  91-22        Sec. 3.451.  COMPETITIVE SAFEGUARDS.  (a)  To the extent
  91-23  necessary to ensure that competition in telecommunications is fair
  91-24  to all participants and to accelerate the improvement of
  91-25  telecommunications in the state, the commission shall ensure that
  91-26  the rates and regulations of an incumbent local exchange company
  91-27  are not unreasonably preferential, prejudicial, or discriminatory
   92-1  but are equitable and consistent in application.
   92-2        (b)  Section 3.352(d) of this Act does not prevent the
   92-3  commission from enforcing this subtitle.
   92-4        (c)  The commission has exclusive jurisdiction to implement
   92-5  competitive safeguards.
   92-6        Sec. 3.452.  UNBUNDLING.  (a)  An incumbent local exchange
   92-7  company shall, at a minimum, unbundle its network to the extent
   92-8  ordered by the Federal Communications Commission.
   92-9        (b)  Before the adoption of the pricing rules required by
  92-10  Section 3.457 of this Act, the commission shall hold a hearing and
  92-11  adopt an order on the issue of requiring further unbundling of
  92-12  local exchange company services.
  92-13        (c)  The commission may order further unbundling only after
  92-14  considering the public interest and competitive merits of further
  92-15  unbundling.  The commission may proceed by rulemaking or, if
  92-16  requested by a party, shall proceed by evidentiary hearing.
  92-17        (d)  Following unbundling, the commission may assign the
  92-18  unbundled components to the appropriate Basket according to the
  92-19  purposes and intents of those Baskets.
  92-20        Sec. 3.453.  RESALE.  (a)  An incumbent local exchange
  92-21  company serving one million or more access lines or electing the
  92-22  incentive regulation plan under Subtitle H of this title shall file
  92-23  a usage sensitive loop resale tariff by September 1, 1995.  An
  92-24  incumbent local exchange company serving fewer than one million
  92-25  access lines or not electing under Subtitle H of this title shall
  92-26  file a resale tariff within 60 days of the date on which a
  92-27  certificate of operating authority or service provider certificate
   93-1  of operating authority is granted under Subtitle F of this title.
   93-2        (b)  "Loop" resale as used in this section means the purchase
   93-3  of the local distribution channel or "loop" facility from the
   93-4  incumbent local exchange company for the purpose of resale to end
   93-5  user customers.
   93-6        (c)  The commission shall conduct any proceeding it
   93-7  determines appropriate to determine the rates, terms, and
   93-8  conditions for this tariff within 180 days of filing.  The
   93-9  commission may:
  93-10              (1)  only approve a usage sensitive rate that recovers
  93-11  the total long run incremental cost of the loop on an unseparated
  93-12  basis, plus an appropriate contribution to joint and common costs;
  93-13  and
  93-14              (2)  only permit a holder of a certificate of
  93-15  convenience or necessity, certificate of operating authority, or
  93-16  service provider certificate of operating authority to purchase
  93-17  from the resale tariff, except as provided by Subsection (f)(1) of
  93-18  this section.
  93-19        (d)  On September 1, 1995, a provider of telecommunications
  93-20  service may not impose any restriction on the resale or sharing of
  93-21  any service for which it is not a dominant provider nor, as to any
  93-22  incumbent local exchange company electing alternative regulation
  93-23  under Subtitle H of this title, for any service entitled to
  93-24  regulatory treatment under Basket III as described by Section 3.356
  93-25  of this Act.
  93-26        (e)  A holder of a certificate of operating authority or
  93-27  service provider certificate of operating authority has the
   94-1  reciprocal obligation to permit local exchange companies to resell
   94-2  its existing loop facilities at its regularly published rates if
   94-3  the local exchange company has no loop facilities and has a request
   94-4  for service.
   94-5        (f)(1)  The commission shall eliminate all resale
   94-6  prohibitions in an electing incumbent local exchange company's
   94-7  tariffs on:
   94-8                    (A)  completion of the commission's costing and
   94-9  pricing rulemaking and the establishment and funding of the
  94-10  regulatory transition fund (RTF);
  94-11                    (B)  completion of rate rebalancing of the
  94-12  incumbent local exchange company rates required by Section 3.457 of
  94-13  this Act; and
  94-14                    (C)  removal of all prohibitions on incumbent
  94-15  local exchange companies providing interLATA service.
  94-16              (2)  When the commission eliminates the resale
  94-17  prohibitions under this subsection, it shall continue to prohibit
  94-18  the resale of local exchange or directory assistance flat rate
  94-19  services as a substitute for usage sensitive services.  If the
  94-20  commission finds that the rate for a particular service or function
  94-21  will, as a result of the costing and pricing proceeding, be less
  94-22  than the cost of providing the service or function and that the
  94-23  difference in rate and cost will not be recovered from the
  94-24  universal service fund, the service may be offered for resale only
  94-25  to the same class of customer as sold to by the incumbent local
  94-26  exchange company.
  94-27        (g)  Nothing herein alters resale or sharing arrangements
   95-1  presently permitted in incumbent local exchange company tariffs
   95-2  existing on September 1, 1995.
   95-3        Sec. 3.454.  IMPUTATION.  (a)  Not later than December 1,
   95-4  1996, the commission shall adopt rules governing imputation of the
   95-5  price of a service.
   95-6        (b)  Imputation is a regulatory policy the commission shall
   95-7  apply to prevent an incumbent local exchange company from selling a
   95-8  service or function to another telecommunications utility at a
   95-9  price that is higher than the rate the incumbent local exchange
  95-10  company implicitly includes in services it provides to its retail
  95-11  customers.
  95-12        (c)  The commission may require imputation only of the price
  95-13  of a service that is:
  95-14              (1)  not generally available from a source other than
  95-15  the incumbent local exchange company; and
  95-16              (2)  necessary for the competitor to provide its
  95-17  competing services.
  95-18        (d)  The commission may not require imputation of the price
  95-19  to a local exchange telephone service while the price is capped
  95-20  under Subtitle H or I of this title.
  95-21        (e)  The price of switched access service shall be imputed to
  95-22  the price of each service for which switched access service is a
  95-23  component until switched access service is competitively available.
  95-24        (f)  The commission may not require imputation on a
  95-25  rate-element-by-element basis but only on a service-by-service
  95-26  basis.
  95-27        (g)  For a service provided under a customer specific
   96-1  contract for which imputation may be required under Subsection (c)
   96-2  of this section, the commission may not require imputation on a
   96-3  rate-element-by-element basis but only on a service-by-service
   96-4  basis within the contract.
   96-5        (h)  The incumbent local exchange company shall demonstrate
   96-6  that the price it charges for its retail service recovers the costs
   96-7  of providing the service.  For purposes of this subsection, the
   96-8  costs of providing the service is defined as the sum of:
   96-9              (1)  specifically tariffed premium rates for the
  96-10  noncompetitive services or service functions, or elements of these
  96-11  noncompetitive services or service functions (or their functional
  96-12  equivalent) that are used to provide the service;
  96-13              (2)  the total service long run incremental costs of
  96-14  the competitive services or service functions that are used;
  96-15              (3)  any costs, not otherwise reflected in Subdivision
  96-16  (1) or (2) of this subsection, that are specifically associated
  96-17  with the provision of the service or group of services; and
  96-18              (4)  any cost or surcharge associated with an explicit
  96-19  subsidy that is applied to all providers of the service for the
  96-20  purpose of promoting universal service.
  96-21        (i)  The commission may waive an imputation requirement for
  96-22  any public interest service such as 9-1-1 service and dual party
  96-23  relay service if the commission determines that the waiver is in
  96-24  the public interest.
  96-25        Sec. 3.455.  Telecommunications Number Portability.  (a)
  96-26  Because a uniform national number plan is valuable and necessary to
  96-27  the state, the commission by rule shall adopt guidelines governing
   97-1  telecommunications number portability and the assignment of
   97-2  telephone numbers in a competitively neutral manner.  The
   97-3  commission rules may not be inconsistent with the rules and
   97-4  regulations of the Federal Communications Commission regarding
   97-5  telecommunications number portability.
   97-6        (b)  In this Act, "telecommunications number portability"
   97-7  means the ability of a user of telecommunications services, to the
   97-8  extent technically feasible, to retain an existing telephone number
   97-9  without impairing the quality, reliability, or convenience of
  97-10  service when changing from one provider of telecommunications
  97-11  service to another provider.
  97-12        (c)  As an interim measure, the commission shall adopt
  97-13  reasonable mechanisms to allow consumers to retain their telephone
  97-14  numbers.  At a minimum, these mechanisms shall include the use of
  97-15  call forwarding functions and direct inward dialing for those
  97-16  purposes.  An incumbent local exchange company with one million
  97-17  access lines or more shall file tariffs before November 1, 1995,
  97-18  and the commission, before March 1, 1996, shall determine
  97-19  reasonable rates to be charged for call forwarding functions used
  97-20  as an interim number portability measure by a new entrant.  An
  97-21  incumbent local exchange company with fewer than one million access
  97-22  lines where a certificate of operating authority or a service
  97-23  provider certificate of operating authority has been granted shall
  97-24  file tariffs within 60 days after the date of a bona fide request,
  97-25  and the commission, within 60 days after the date the tariffs are
  97-26  filed, shall determine reasonable rates to be charged for call
  97-27  forwarding functions used as an interim number portability measure
   98-1  by a new entrant.
   98-2        Sec. 3.456.  Expanded Interconnection.  Not later than
   98-3  September 1, 1996, the commission shall adopt rules for expanded
   98-4  interconnection that:
   98-5              (1)  are consistent with the rules and regulations of
   98-6  the Federal Communications Commission relating to expanded
   98-7  interconnection;
   98-8              (2)  treat intrastate private line services as special
   98-9  access service; and
  98-10              (3)  provide that if an incumbent local exchange
  98-11  company is required to provide expanded interconnection to another
  98-12  local exchange company, the second local exchange company shall, in
  98-13  a like manner, provide expanded interconnection to the first
  98-14  company.
  98-15        Sec. 3.457.  COSTING AND PRICING.  (a)(1)  The commission
  98-16  shall complete a pricing rulemaking and adopt a pricing rule by
  98-17  April 1, 1997.  Companies subject to that rule shall file cost
  98-18  studies and necessary supporting data not later than November 1,
  98-19  1996, unless specific waivers are authorized.
  98-20              (2)  The commission has 85 days after the date a cost
  98-21  study is submitted to administratively approve it or to order that
  98-22  changes be made.  If the commission delegates the approval to an
  98-23  administrative law judge or hearings examiner, the judge or
  98-24  examiner has 85 days to administratively approve it or to order
  98-25  that changes be made.  The commission may not conduct a contested
  98-26  case to approve a cost study submitted under this section.
  98-27              (3)  Any party may appeal to the commission an
   99-1  administrative determination by an administrative law judge or
   99-2  hearings examiner under Subdivision (2) of this subsection within
   99-3  five days after the date of notification of the determination.  The
   99-4  commission shall rule on the appeal within 30 days after the date
   99-5  it receives the appeal.
   99-6              (4)  If the commission or an administrative law judge
   99-7  or hearings examiner orders a cost study to be changed, the judge
   99-8  or examiner shall order the company to make those changes within a
   99-9  period that is commensurate with the complexity of the study and
  99-10  the need to complete the cost studies in a timely manner.
  99-11              (5)  The parties shall be permitted expedited discovery
  99-12  after a cost study is submitted.  The commission shall fairly
  99-13  evaluate the comments or pleadings filed by any party regarding the
  99-14  cost study.
  99-15        (b)  In adopting the pricing rule, the commission shall:
  99-16              (1)  ensure that prices for monopoly services remain
  99-17  affordable;
  99-18              (2)  ensure that prices for competitive services may
  99-19  not be:
  99-20                    (A)  unreasonably preferential, prejudicial, or
  99-21  discriminatory;
  99-22                    (B)  subsidized either directly or indirectly by
  99-23  noncompetitive services; or
  99-24                    (C)  predatory or anticompetitive; and
  99-25              (3)  require that each service recover the appropriate
  99-26  cost, including appropriate joint and common costs, of any and all
  99-27  facilities and functions used to provide that service.
  100-1        (c)  The commission shall allow an incumbent local exchange
  100-2  company that is not a Tier 1 local exchange company as of September
  100-3  1, 1995, at that company's option, to adopt the cost studies
  100-4  approved by the commission for a Tier 1 local exchange company.
  100-5        Sec. 3.458.  INTERCONNECTION.  (a)  "Interconnection" for the
  100-6  purposes of this section means the termination of local
  100-7  intraexchange traffic of another local exchange company or holder
  100-8  of a service provider certificate of operating authority within the
  100-9  local calling area of the terminating local exchange company or
 100-10  certificate holder for calls that originate and terminate in this
 100-11  state.  The provisions of this section do not govern rates for the
 100-12  existing termination of cellular or interexchange traffic.
 100-13        (b)  The commission shall require all providers of
 100-14  telecommunications services to maintain interoperable networks.
 100-15  Telecommunications providers shall negotiate network
 100-16  interconnectivity, charges, terms, and conditions, and in that
 100-17  event the commission shall approve the interconnection rates.  The
 100-18  commission may resolve disputes filed by a party to those
 100-19  negotiations.
 100-20        (c)  In the absence of a mutually agreed compensation rate
 100-21  negotiated under Subsection (b) of this section, each carrier shall
 100-22  reciprocally terminate the other carrier's traffic at no charge for
 100-23  the first nine months after the date on which the first call is
 100-24  terminated between the carriers.
 100-25        (d)  The commission shall, within the nine-month period
 100-26  prescribed by Subsection (c) of this section, complete a proceeding
 100-27  to establish reciprocal interconnection rates, terms, and
  101-1  conditions.  The commission shall establish reciprocal
  101-2  interconnection rates, terms, and conditions based solely on the
  101-3  commission proceeding.  In establishing the initial interconnection
  101-4  rate, the commission may not require cost studies from the new
  101-5  entrant.  Not earlier than three years after the date on which the
  101-6  first call is terminated between the carriers, the commission may,
  101-7  if the commission receives a complaint, require cost studies by a
  101-8  new entrant for the purpose of establishing interconnection rates.
  101-9        (e)  The incumbent local exchange company may adopt the
 101-10  interconnection rates approved for a larger incumbent local
 101-11  exchange company or the company's approved interconnection rates
 101-12  without the commission requirement of additional cost
 101-13  justification.  If an incumbent local exchange company elects to
 101-14  not adopt the interconnection rates of a larger company, or
 101-15  negotiates under Subsection (b) of this section, the company is
 101-16  governed by Subsections (c) and (d) of this section.  If the
 101-17  incumbent local exchange company adopts the interconnection rates
 101-18  of another incumbent local exchange company, the new entrant may
 101-19  adopt those rates as the new entrant's interconnection rates.  If
 101-20  the incumbent local exchange company elects to file its own tariff,
 101-21  the new entrant must also file its own interconnection tariff.
 101-22        (f)  The commission may make generic rules and set policies
 101-23  governing interconnection arrangements.  The commission may
 101-24  establish rules that are responsive to changes in federal law or
 101-25  developments in the local exchange market.
 101-26        (g)  The commission may not use interconnection rates under
 101-27  this section as a basis to alter interconnection rates for other
  102-1  services.
  102-2        (h)  The commission has exclusive jurisdiction over any
  102-3  holder of a certificate of convenience and necessity, certificate
  102-4  of operating authority, or service provider certificate of
  102-5  operating authority for the determination of rates, terms, and
  102-6  conditions for interconnection.
  102-7        Sec. 3.459.  INCUMBENT LOCAL EXCHANGE COMPANY REQUIREMENTS.
  102-8  (a)  An incumbent local exchange company may not unreasonably:
  102-9              (1)  discriminate against another provider by refusing
 102-10  access to the local exchange;
 102-11              (2)  refuse or delay interconnections to another
 102-12  provider;
 102-13              (3)  degrade the quality of access provided to another
 102-14  provider;
 102-15              (4)  impair the speed, quality, or efficiency of lines
 102-16  used by another provider;
 102-17              (5)  fail to fully disclose in a timely manner on
 102-18  request all available information necessary for the design of
 102-19  equipment that will meet the specifications of the local exchange
 102-20  network; or
 102-21              (6)  refuse or delay access by any person to another
 102-22  provider.
 102-23        (b)  This section may not be construed to require an
 102-24  incumbent local exchange company to provide expanded
 102-25  interconnection as that term is defined by the Federal
 102-26  Communications Commission.
 102-27        Sec. 3.460.  COMMISSION AUTHORITY.  (a)  The commission has
  103-1  all authority necessary to establish procedures with respect to the
  103-2  policies stated in Sections 3.451, 3.452, 3.453, 3.454, 3.455,
  103-3  3.456, 3.457, and 3.458 of this Act and to resolve any disputes
  103-4  arising under those policies.
  103-5        (b)  The commission has the authority to and shall adopt
  103-6  procedures for the processing of proceedings under Sections 3.452
  103-7  and 3.453 of this Act, including the authority to limit discovery
  103-8  and, except for the office, align parties having similar positions
  103-9  for purposes of cross-examination.  In adopting procedures under
 103-10  this section and in resolving disputes, the commission shall
 103-11  consider the impact on consumers, competitors, and the incumbent
 103-12  local exchange company.  The commission may not implement, by order
 103-13  or rule, any requirement that is contrary to any applicable federal
 103-14  rule or law.
 103-15        Sec. 3.461.  APPLICATIONS AND RULES.  The obligations
 103-16  prescribed by Sections 3.452, 3.453, 3.455, 3.456, and 3.458 of
 103-17  this Act may not, until September 1, 1998, be applied to incumbent
 103-18  local exchange companies serving fewer than 31,000 access lines.
 103-19  After September 1, 1998, the obligations prescribed by Sections
 103-20  3.452, 3.453, and 3.456 of this Act may be applied only on a bona
 103-21  fide request from a certified telecommunications utility.  In
 103-22  applying these rules to these incumbent local exchange companies,
 103-23  the commission may modify the rules as it finds in the public
 103-24  interest.
 103-25        Sec. 3.462.  REVIEW OF IMPLEMENTATION.  The commission may,
 103-26  on a bona fide request from a holder of a certificate of operating
 103-27  authority or service provider certificate of operating authority,
  104-1  review the feasibility of implementing Sections 3.452, 3.454, and
  104-2  3.457 of this Act to be applicable to incumbent local exchange
  104-3  companies that as of September 1, 1995, have 31,000 or more access
  104-4  lines in this state but fewer than one million access lines in this
  104-5  state.
  104-6        Sec. 3.463.  INFRASTRUCTURE SHARING.  (a)  The commission
  104-7  shall prescribe rules that require a local exchange company to
  104-8  share public switched network infrastructure and technology with a
  104-9  requesting local exchange company that lacks economies of scale or
 104-10  scope, for the purpose of enabling that requesting company to
 104-11  provide telecommunications services in the geographic areas to
 104-12  which the requesting company is designated as the sole carrier of
 104-13  last resort.
 104-14        (b)  The rules governing the sharing:
 104-15              (1)  may not require a local exchange company to make a
 104-16  decision that is uneconomic or adverse to the public;
 104-17              (2)  shall permit, but not require, joint ownership and
 104-18  operation of public switched network infrastructure and services by
 104-19  or among the local exchange companies sharing infrastructure; and
 104-20              (3)  shall establish conditions that promote
 104-21  cooperation between local exchange companies.
 104-22                  SUBTITLE K.  BROADCASTER SAFEGUARDS
 104-23        Sec. 3.501.  CUSTOMER PROPRIETARY NETWORK INFORMATION (CPNI).
 104-24  (a)  In this section:
 104-25              (1)  "Specific customer proprietary network
 104-26  information" (specific CPNI) means:
 104-27                    (A)  information that relates to the quantity,
  105-1  technical configuration, type, destination, or amount of use of
  105-2  voice or data telecommunications services subscribed to by any
  105-3  customer of a telecommunications utility, but excluding wireless
  105-4  telecommunications providers, and is made available to the utility
  105-5  by the customer solely by virtue of the utility-customer
  105-6  relationship;
  105-7                    (B)  information contained in the bills relating
  105-8  to telecommunications services received by a customer of a
  105-9  telecommunications utility; and
 105-10                    (C)  any other information concerning the
 105-11  customer as is available to the telecommunications utility by
 105-12  virtue of the customer's use of the telecommunications utility
 105-13  service.  The term does not include subscriber list information.
 105-14              (2)  "Subscriber list information" means any
 105-15  information that:
 105-16                    (A)  identifies the listed names of subscribers
 105-17  of a telecommunications utility or those subscribers' telephone
 105-18  numbers, addresses, or primary advertising classifications, or any
 105-19  combination of those listed names, numbers, addresses, or
 105-20  classifications; and
 105-21                    (B)  the telecommunications utility or an
 105-22  affiliate has published or accepted for future publication.
 105-23        (b)  Except as preempted by the Federal Communications
 105-24  Commission, a telecommunications utility may not use specific CPNI
 105-25  for commercial purposes other than the sale, provision, or billing
 105-26  and collection of telecommunications or enhanced services.  Nothing
 105-27  herein prohibits the use of specific CPNI with the customer's
  106-1  consent or the provision of specific CPNI to an affiliate
  106-2  telecommunications provider.
  106-3        (c)  Not later than September 1, 1996, the commission shall
  106-4  adopt rules that are consistent with rules on this subject adopted
  106-5  by the Federal Communications Commission.  Rules adopted under this
  106-6  section shall:
  106-7              (1)  require each telecommunications utility to notify
  106-8  each subscriber annually, through means approved by the commission,
  106-9  of the subscriber's right to reject the utility's use of specific
 106-10  CPNI for purposes of marketing other services;
 106-11              (2)  in the event the Federal Communications Commission
 106-12  adopts new CPNI rules that no longer preempt a state's authority to
 106-13  adopt inconsistent rules, the commission shall institute a
 106-14  proceeding regarding the appropriate use of CPNI by all
 106-15  telecommunications utilities, provided that any rule, policy, or
 106-16  order adopted by the commission may not be discriminatory in its
 106-17  application to telecommunications utilities; and
 106-18              (3)  require each telecommunications utility, if the
 106-19  utility makes nonproprietary aggregate CPNI available to its
 106-20  affiliates, to make that information available on the same terms
 106-21  and conditions to unaffiliated entities.
 106-22        (d)  The commission may not implement any rules regarding
 106-23  CPNI applicable to an incumbent local exchange company having
 106-24  100,000 or fewer access lines in service in this state that are
 106-25  more burdensome to the company than the CPNI rules of the Federal
 106-26  Communications Commission.
 106-27        Sec. 3.502.  AUDIO VIDEO.  (a)  In this Act:
  107-1              (1)  "Video programming" means programming provided by
  107-2  or generally considered comparable to programming provided by a
  107-3  television broadcast station as defined by the Federal
  107-4  Communications Commission under Section 602, Communications Act of
  107-5  1934 (47 U.S.C. Section 522).
  107-6              (2)  "Audio programming" means programming provided by
  107-7  or generally considered comparable to programming provided by an AM
  107-8  or FM broadcast station.  However, the term does not include any
  107-9  audio-related services of the type offered by the incumbent local
 107-10  exchange company as of September 1, 1995.
 107-11        (b)  An incumbent local exchange company may not provide
 107-12  audio or video programming in this state.  However, nothing herein
 107-13  prohibits a separate corporate affiliate of an incumbent local
 107-14  exchange company from providing audio or video programming.
 107-15        (c)  A separate corporate affiliate of an incumbent local
 107-16  exchange company providing audio or video programming:
 107-17              (1)  shall obtain telecommunications services from its
 107-18  affiliate incumbent local exchange company at tariffed rates, or if
 107-19  those services are not provided under a tariff, at the fair market
 107-20  value or, in the event there is no fair market value or that value
 107-21  is less than long run incremental cost (LRIC), then the rate is
 107-22  equal to the service's LRIC;
 107-23              (2)  shall purchase, use, rent, or access information,
 107-24  services, space, or devices that are not telecommunications
 107-25  services from its affiliate incumbent local exchange company
 107-26  consistent with the affiliate transaction rules promulgated by the
 107-27  Federal Communications Commission then in effect, provided that in
  108-1  no case shall those transactions be valued at less than the greater
  108-2  of net book value or fair market value, whichever is applicable;
  108-3              (3)  shall maintain books, records, and accounts that
  108-4  are separate from those of an incumbent local exchange company,
  108-5  which books, records, and accounts shall be kept in accordance with
  108-6  generally accepted accounting principles;
  108-7              (4)  shall prepare financial statements that are not
  108-8  consolidated with those of an incumbent local exchange company,
  108-9  provided, however, that financial statements and  consolidated tax
 108-10  returns may be prepared that consolidate the operation of the
 108-11  separate corporate affiliate with a parent company and its other
 108-12  subsidiaries;
 108-13              (5)  may not incur debt in a manner that would permit a
 108-14  creditor on default to have recourse to the assets of the incumbent
 108-15  local exchange company;
 108-16              (6)  may not use the names, trademarks, or service
 108-17  marks of the incumbent local exchange company, but this does not
 108-18  prohibit the use of those names or marks if they are used in common
 108-19  with the parent, affiliate, or owner of the incumbent local
 108-20  exchange company;
 108-21              (7)  shall perform its marketing and sales functions
 108-22  and operation in compliance with Open Network Architecture and the
 108-23  affiliate transaction rules promulgated by the Federal
 108-24  Communications Commission then in effect;
 108-25              (8)  may not have any directors, officers, or employees
 108-26  in common with the incumbent local exchange company; and
 108-27              (9)  shall maintain a separate corporate entity from
  109-1  the incumbent local exchange company.
  109-2        (d)  As to its separate affiliate providing video or audio
  109-3  programming, an incumbent local exchange company:
  109-4              (1)  may not develop a rate for a telecommunications
  109-5  service or deploy a telecommunications service to primarily benefit
  109-6  its separate affiliate for the affiliate's video or audio
  109-7  programming unless  that rate or service is available on a
  109-8  nondiscriminatory basis to all purchasers;
  109-9              (2)  may not be unreasonably preferential in the
 109-10  deployment of telecommunications services for its separate
 109-11  affiliates' audio or video programming;
 109-12              (3)  may not enter into customer specific contracts for
 109-13  the provision of tariffed telecommunications services with its
 109-14  separate affiliate unless substantially the same terms and
 109-15  conditions of the contract are generally available to nonaffiliated
 109-16  interests;
 109-17              (4)  shall maintain and file with the commission copies
 109-18  of all contracts or arrangements between the incumbent local
 109-19  exchange company and the separate affiliate and report the contract
 109-20  amount for each cash and noncash transaction with the separate
 109-21  affiliate, including payments for costs of any goods and services
 109-22  or any property right or thing or for interest expense;
 109-23              (5)  may not transfer assets to the separate affiliate
 109-24  unless those assets are priced no lower than assets that are
 109-25  available in an arm's-length transaction to third parties;
 109-26              (6)  shall value any assets that are transferred to a
 109-27  separate affiliate at the greater of net book or fair market value;
  110-1              (7)  shall value any assets that are transferred to it
  110-2  by its separate affiliate at the lesser of net book value or fair
  110-3  market value except instances where Federal Communications
  110-4  Commission or commission rules or regulations permit in-arrears
  110-5  payment for tariffed telecommunications services or the investment
  110-6  by an affiliate of dividends or profits derived from the incumbent
  110-7  local exchange company;
  110-8              (8)  shall comply with all applicable Federal
  110-9  Communications Commission cost and other accounting rules;
 110-10              (9)  may not have any directors, officers, or employees
 110-11  in common with the separate affiliate;
 110-12              (10)  may not own any property in common with the
 110-13  separate affiliate; and
 110-14              (11)  shall provide, if it offers telecommunications
 110-15  equipment or services to audio and video programming providers,
 110-16  those services:
 110-17                    (A)  at just and reasonable rates that are
 110-18  tariffed, so long as the commission rules require those tariffs,
 110-19  under nondiscriminatory terms and conditions; and
 110-20                    (B)  if the equipment and services are not
 110-21  subject to regulation, on similar terms and conditions to all video
 110-22  or audio programming providers.
 110-23        (e)  In addition to the requirements and prohibitions
 110-24  prescribed by Subsection (d) of this section, an incumbent local
 110-25  exchange company shall, if it offers billing and collection
 110-26  services to nonaffiliated audio and video programming providers,
 110-27  provide those services under nondiscriminatory terms and
  111-1  conditions.  Nothing herein requires an incumbent local exchange
  111-2  company to offer billing and collection service to nonaffiliated
  111-3  programmers, and an incumbent local exchange company may exclude
  111-4  certain classes of programmers from its billing and collection
  111-5  services.
  111-6        (f)  An incumbent local exchange company shall have a
  111-7  compliance audit performed every three years by an independent
  111-8  accounting firm.  The audit shall be conducted for the purpose of
  111-9  determining whether the incumbent local exchange company, during
 111-10  the preceding three years, is in compliance with all of the
 111-11  requirements imposed by this section regarding the  incumbent local
 111-12  exchange company.  The independent accounting firm shall file the
 111-13  report with the commission.  If the report concludes that the
 111-14  incumbent local exchange company is not in compliance with any
 111-15  portion of this section, the commission shall institute appropriate
 111-16  action against the incumbent local exchange company.  The report
 111-17  shall be considered commercial or financial information that is
 111-18  confidential by statute under Chapter 552, Government Code.
 111-19        (g)  Except as otherwise specifically provided by this Act,
 111-20  the commission's jurisdiction over affiliates of incumbent local
 111-21  exchange companies that are audio and video programmers is limited
 111-22  to the requirements of this section and does not extend to subjects
 111-23  not specifically provided herein.
 111-24        (h)  This section does not apply to an incumbent local
 111-25  exchange company having 100,000 or fewer total access lines in
 111-26  service in this state.
 111-27        (i)  A company to which this section applies may petition the
  112-1  commission for a waiver from any of the requirements imposed
  112-2  herein.  The commission shall grant the waiver if it is in the
  112-3  public interest to do so, taking into account whether the need for
  112-4  the restriction still exists in the market involved.  The
  112-5  commission may revoke any waiver granted if it is shown that
  112-6  conditions under which the waiver was granted have materially
  112-7  changed and it is in the public interest to do so.
  112-8        Sec. 3.503.  ADVERTISING.  (a)  Advertising agency services
  112-9  include the functions generally performed by a general advertising
 112-10  agency, including advertising development, advertising purchase,
 112-11  advertising consultation, advertising copywriting, and advertising
 112-12  research.
 112-13        (b)  An incumbent local exchange company may not sell
 112-14  advertising agency services to nonaffiliates in this state.
 112-15  Nothing herein prohibits a local exchange company from:
 112-16              (1)  any activities to promote or sell
 112-17  telecommunications services and equipment, including voice, data,
 112-18  video dial tone, video programming, audio programming, cellular,
 112-19  interactive media, software, and other related services and
 112-20  equipment; or
 112-21              (2)  any activities that seek to enhance or promote the
 112-22  use of the telecommunications network.
 112-23        (c)  A separate corporate affiliate of an  incumbent local
 112-24  exchange company may engage in advertising agency activities, but
 112-25  in the conduct of that business a separate corporate affiliate:
 112-26              (1)  shall maintain books, records, and accounts that
 112-27  are separate from those of  an incumbent  local exchange company,
  113-1  which books, records, and accounts shall be kept in accordance with
  113-2  generally accepted accounting principles;
  113-3              (2)  shall prepare financial statements that are not
  113-4  consolidated with those of an incumbent  local exchange company
  113-5  provided, however, that financial statements and consolidated tax
  113-6  returns may be prepared that consolidate the operation of the
  113-7  separate corporate affiliate with a parent company and its other
  113-8  subsidiaries;
  113-9              (3)  may not incur debt in a manner that would permit a
 113-10  creditor on default to have recourse to the assets of the incumbent
 113-11  local exchange company;
 113-12              (4)  may not have any directors, officers, or employees
 113-13  in common with the incumbent local exchange company;
 113-14              (5)  shall maintain a separate corporate entity from
 113-15  the incumbent local exchange company; and
 113-16              (6)  may not use the names, trademarks, or service
 113-17  marks of the  incumbent local exchange company, but this does not
 113-18  prohibit the use of those names or marks where they are used in
 113-19  common with the parent, affiliate, or owner of the incumbent local
 113-20  exchange company.
 113-21        (d)  Except as provided by Subsection (b) of this section,
 113-22  an incumbent local exchange company that has an affiliate that
 113-23  provides advertising agency services on behalf of nonaffiliates in
 113-24  this state may not jointly market that affiliate's advertising
 113-25  agency services in connection with telecommunications services and
 113-26  equipment provided by the incumbent local exchange company.  This
 113-27  prohibition does not apply to advertising in telephone directories
  114-1  in whatever form disseminated.
  114-2        (e)  Nothing herein prevents the incumbent local exchange
  114-3  company from providing telephone solicitation services for
  114-4  charitable organizations.
  114-5        (f)  This section does not apply to an incumbent local
  114-6  exchange company having 100,000 or fewer total access lines in
  114-7  service in this state.
  114-8        (g)  A company to which this section applies may petition the
  114-9  commission for a waiver from any of the requirements imposed
 114-10  herein.  The commission shall grant the waiver if it is in the
 114-11  public interest to do so, taking into account whether the need for
 114-12  the restriction still exists in the market involved.  The
 114-13  commission may revoke any waiver granted if it is shown that
 114-14  conditions under which the waiver was granted have materially
 114-15  changed and it is in the public interest to do so.
 114-16        Sec. 3.504.  VIDEO CARRIAGE.  (a)  Subject to a programmer
 114-17  operating as a common channel manager under the provisions of
 114-18  Subsection (c) of this section, each incumbent local exchange
 114-19  company that provides telecommunications services that are used in
 114-20  the transmission of video programming directly to subscribers or
 114-21  that enables customers to access video programming shall permit
 114-22  local full-power, FCC-licensed broadcast stations, to the extent
 114-23  capacity permits, access to these telecommunications services at
 114-24  tariffed rates or, if those services are not provided under a
 114-25  tariff, on similar terms and conditions as other video programmers
 114-26  that provide similar programming.  The incumbent local exchange
 114-27  company shall transmit the signals delivered to it by the local
  115-1  broadcast station without material degradation, and the quality
  115-2  offered may not be less than that made available to other video
  115-3  programmers.
  115-4        (b)  Each incumbent local exchange company that provides
  115-5  telecommunications services that are used in the transmission of
  115-6  video programming directly to subscribers or to enable customers to
  115-7  access video programming:
  115-8              (1)  may not unreasonably discriminate among
  115-9  programming providers with respect to transmission of their
 115-10  signals;
 115-11              (2)  may not delete, change, or alter any copyright
 115-12  identification transmitted as part of the programming signal; and
 115-13              (3)  shall, if it provides a "video dial tone service"
 115-14  with a level one gateway, as that term is defined by the Federal
 115-15  Communications Commission, make available to programmers a menu or
 115-16  programming guide on which programmers may display a listing of the
 115-17  stations required to be carried by the programmer under Subsection
 115-18  (c) of this section.
 115-19        (c)  To the extent that federal law and Federal
 115-20  Communications Commission rules and orders permit, a programmer
 115-21  operating as a common channel manager that purchases for commercial
 115-22  purposes 50 or more analog channels on a local exchange video dial
 115-23  tone level one platform over which video programming is made
 115-24  available to subscribers, shall make available to subscribers local
 115-25  full-power, Federal Communications Commission-licensed television
 115-26  stations, provided that retransmission is granted under Subsection
 115-27  (d) of this section.  A programmer subject to this section shall be
  116-1  required to make available up to six television stations, except
  116-2  that in markets that contain a county having a population of more
  116-3  than one million, the programmer shall be required to make
  116-4  available up to nine full-power, Federal Communications
  116-5  Commission-licensed local broadcast stations.  The programmer shall
  116-6  make the selection of the broadcast channels to be carried under
  116-7  this section.
  116-8        (d)  A Federal Communications Commission-licensed television
  116-9  station seeking carriage under Subsection (c) of this section shall
 116-10  grant retransmission consent to the programmer and to the incumbent
 116-11  local exchange company.  However, nothing in this Act requires a
 116-12  programmer or incumbent local exchange company to provide monetary
 116-13  payment or other valuable consideration in exchange for that
 116-14  carriage.
 116-15        (e)  This section does not apply to  an incumbent local
 116-16  exchange company having 100,000 or fewer total access lines in
 116-17  service in this state or to a programmer on the video dial tone
 116-18  platform of that  incumbent local exchange company.
 116-19        (f)  A company to which this section applies may petition the
 116-20  commission for a waiver from any of the requirements imposed
 116-21  herein.  The commission shall grant the waiver if it is in the
 116-22  public interest to do so, taking into account whether the need for
 116-23  the restriction still exists in the market involved.  The
 116-24  commission may revoke any waiver granted if it is shown that
 116-25  conditions under which the waiver was granted have materially
 116-26  changed and it is in the public interest to do so.
 116-27        (g)  Except as otherwise specifically provided by this Act,
  117-1  the commission's jurisdiction over affiliates of incumbent local
  117-2  exchange companies that are video programmers is limited to the
  117-3  requirements of this section and does not extend to subjects not
  117-4  specifically provided herein.
  117-5        (h)  This section expires August 31, 1999.
  117-6        Sec. 3.505.  AUDIO CARRIAGE.  (a)  To the extent that federal
  117-7  law and Federal Communications Commission rules and orders permit,
  117-8  and consistent with technical specifications, a programmer
  117-9  operating as a common channel manager that makes available for
 117-10  commercial purposes to subscribers 12 or more channels of audio
 117-11  programming similar to broadcasts of Federal Communications
 117-12  Commission-licensed radio stations on an incumbent local exchange
 117-13  company's level one video dial tone platform shall make available
 117-14  to subscribers local Federal Communications Commission-licensed
 117-15  radio stations, provided that retransmission is granted under
 117-16  Subsection (b) of this section.  A programmer subject to this
 117-17  subsection may not be required to make available more than
 117-18  one-third of its analog audio channels to radio stations.  The
 117-19  programmer shall make the selection of the radio stations to be
 117-20  carried under this section.
 117-21        (b)  A local Federal Communications Commission-licensed radio
 117-22  station seeking carriage under Subsection (a) of this section shall
 117-23  grant retransmission consent to the programmer and the incumbent
 117-24  local exchange company.  However, nothing in this Act requires a
 117-25  programmer or incumbent local exchange company to provide monetary
 117-26  payment or other valuable consideration in exchange for that
 117-27  carriage.
  118-1        (c)  This section does not apply to  an incumbent  local
  118-2  exchange company having 100,000 or fewer total access lines in
  118-3  service in this state or to a programmer on the video dial tone
  118-4  platform of that incumbent local exchange company.
  118-5        (d)  A company to which this section applies may petition the
  118-6  commission for a waiver from any of the requirements imposed
  118-7  herein.  The commission shall grant the waiver if it is in the
  118-8  public interest to do so, taking into account whether the need for
  118-9  the restriction still exists in the market involved.  The
 118-10  commission may revoke any waiver granted if it is shown that
 118-11  conditions under which the waiver was granted have materially
 118-12  changed and it is in the public interest to do so.
 118-13        (e)  Except as otherwise specifically provided by this Act,
 118-14  the commission's jurisdiction over affiliates of incumbent local
 118-15  exchange companies that are video programmers is limited to the
 118-16  requirements of this section and does not extend to subjects not
 118-17  specifically provided herein.
 118-18        (f)  This section expires August 31, 1999.
 118-19        Sec. 3.506.  APPLICATION OF SUBTITLE.  This subtitle does not
 118-20  apply to a cable company.
 118-21                  SUBTITLE L.  ELECTRONIC PUBLISHING
 118-22        Sec. 3.551.  DEFINITIONS.  In this subtitle:
 118-23              (1)  "Affiliate" means any entity that, directly or
 118-24  indirectly, owns or controls, is owned or controlled by, or is
 118-25  under common ownership or control with an incumbent  local exchange
 118-26  company.  The term does not include a separated affiliate.
 118-27              (2)  "Basic telephone service" means any wireline
  119-1  telephone exchange service, or wireline telephone exchange
  119-2  facility, provided by an incumbent local exchange company in a
  119-3  telephone exchange area, other than a competitive wireline
  119-4  telephone exchange service provided in a telephone exchange area
  119-5  where another entity provides a wireline telephone exchange service
  119-6  that was provided on January 1, 1984, and a commercial mobile
  119-7  service provided by an affiliate that is required by the Federal
  119-8  Communications Commission to be a corporate entity separate from
  119-9  the local exchange company.
 119-10              (3)  "Basic telephone service information" means
 119-11  network and customer information of  an incumbent  local exchange
 119-12  company and other information acquired by an incumbent  local
 119-13  exchange company as a result of its engaging in the provision of
 119-14  basic telephone service.
 119-15              (4)  "Control" has the meaning provided by 17 C.F.R.
 119-16  Section 240.12b--2, the regulations promulgated by the Securities
 119-17  and Exchange Commission under the Securities Exchange Act of 1934
 119-18  (15 U.S.C. Section 78a et seq.) or any successor provision to that
 119-19  section.
 119-20              (5)(A)  "Electronic publishing" means the
 119-21  dissemination, provision, publication, or sale to an unaffiliated
 119-22  entity or person, using an incumbent local exchange company's basic
 119-23  telephone service, of:
 119-24                          (i)  news;
 119-25                          (ii)  entertainment (other than interactive
 119-26  games);
 119-27                          (iii)  business, financial, legal,
  120-1  consumer, or credit material;
  120-2                          (iv)  editorials;
  120-3                          (v)  columns;
  120-4                          (vi)  sports reporting;
  120-5                          (vii)  features;
  120-6                          (viii)  advertising;
  120-7                          (ix)  photos or images;
  120-8                          (x)  archival or research material;
  120-9                          (xi)  legal notices or public records;
 120-10                          (xii)  scientific, educational,
 120-11  instructional, technical, professional, trade, or other literary
 120-12  materials; or
 120-13                          (xiii)  other like or similar information.
 120-14                    (B)  "Electronic publishing" does not include the
 120-15  following network services:
 120-16                          (i)  information access, as that term is
 120-17  defined by the modification of final judgment;
 120-18                          (ii)  the transmission of information as a
 120-19  common carrier;
 120-20                          (iii)  the transmission of information as
 120-21  part of a gateway to an information service that does not involve
 120-22  the generation or alteration of the content of information,
 120-23  including data transmission, address translation, protocol
 120-24  conversion, billing management, introductory information content,
 120-25  and navigational systems that enable users to access electronic
 120-26  publishing services, that do not affect the presentation of those
 120-27  electronic publishing services to users;
  121-1                          (iv)  voice storage and retrieval services,
  121-2  including voice messaging and electronic mail services;
  121-3                          (v)  level 2 gateway services as those
  121-4  services are defined by the Federal Communications Commission's
  121-5  Second Report and Order, Recommendation to Congress and Second
  121-6  Further Notice of Proposed Rulemaking in CC Docket No.  87-266
  121-7  dated August 14, 1992;
  121-8                          (vi)  data processing services that do not
  121-9  involve the generation or alteration of the content of information;
 121-10                          (vii)  transaction processing systems that
 121-11  do not involve the generation or alteration of the content of
 121-12  information;
 121-13                          (viii)  electronic billing or advertising
 121-14  of an incumbent  local exchange company's regulated
 121-15  telecommunications services;
 121-16                          (ix)  language translation;
 121-17                          (x)  conversion of data from one format to
 121-18  another;
 121-19                          (xi)  the provision of information
 121-20  necessary for the management, control, or operation of a telephone
 121-21  company telecommunications system;
 121-22                          (xii)  the provision of directory
 121-23  assistance that provides names, addresses, and telephone numbers
 121-24  and does not include advertising;
 121-25                          (xiii)  caller identification services;
 121-26                          (xiv)  repair and provisioning databases
 121-27  for telephone company operations;
  122-1                          (xv)  credit card and billing validation
  122-2  for telephone company operations;
  122-3                          (xvi)  911-E and other emergency assistance
  122-4  databases;
  122-5                          (xvii)  any other network service of a type
  122-6  that is like or similar to these network services and that does not
  122-7  involve the generation or alteration of the content of information;
  122-8                          (xviii)  any upgrades to these network
  122-9  services that do not involve the generation or alteration of the
 122-10  content of information;
 122-11                          (xix)  full motion video entertainment on
 122-12  demand; and
 122-13                          (xx)  video programming as defined by
 122-14  Section 602, Communications Act of 1934 (47 U.S.C. Section 522).
 122-15              (6)  "Electronic publishing joint venture" means a
 122-16  joint venture owned by an incumbent  local exchange company or
 122-17  affiliate that engages in the provision of electronic publishing
 122-18  that is disseminated by means of that  incumbent local exchange
 122-19  company's or any of its affiliates' basic telephone service.
 122-20              (7)  "Entity" means any organization, and includes a
 122-21  corporation, partnership, sole proprietorship, association, and
 122-22  joint venture.
 122-23              (8)  "Inbound telemarketing" means the marketing of
 122-24  property, goods, or services by telephone to a customer or
 122-25  potential customer who initiated the call.
 122-26              (9)  "Own," with respect to an entity, means to have a
 122-27  direct or indirect equity interest, or the equivalent, of more than
  123-1  10 percent of an entity, or the right to more than 10 percent of
  123-2  the gross revenues of an entity under a revenue sharing or royalty
  123-3  agreement.
  123-4              (10)  "Separated affiliate" means a corporation under
  123-5  common ownership or control with an incumbent  local exchange
  123-6  company that does not own or control an incumbent  local exchange
  123-7  company and is not owned or controlled by an incumbent  local
  123-8  exchange company and that engages in the provision of electronic
  123-9  publishing that is disseminated by means of the incumbent local
 123-10  exchange company's or any of its affiliates' basic telephone
 123-11  service.
 123-12              (11)  "Incumbent local exchange company" means, for
 123-13  purposes of this subtitle only,  a company serving more than five
 123-14  million access lines in this state and subject to the modification
 123-15  of final judgment or any entity owned or controlled by that
 123-16  corporation, or any successor or assign of that corporation. The
 123-17  term does not include an electronic publishing joint venture owned
 123-18  by that corporation or entity and permitted by Section 3.559.
 123-19        Sec. 3.552.  Electronic Publishing.  (a)  An incumbent local
 123-20  exchange company or an affiliate may not engage in the provision of
 123-21  electronic publishing that is disseminated by means of the
 123-22  incumbent local exchange company's or any of its affiliates' basic
 123-23  telephone service.
 123-24        (b)  Nothing in this subtitle prohibits a separated affiliate
 123-25  or electronic publishing joint venture from engaging in the
 123-26  provision of electronic publishing or any other lawful service in
 123-27  any area.
  124-1        (c)  Nothing in this subtitle prohibits an incumbent local
  124-2  exchange company or affiliate from engaging in the provision of any
  124-3  lawful service other than electronic publishing in any area or from
  124-4  engaging in the provision of electronic publishing that is not
  124-5  disseminated by means of the incumbent local exchange company's or
  124-6  any of its affiliates' basic telephone service.
  124-7        Sec. 3.553.  SEPARATED AFFILIATE OR ELECTRONIC PUBLISHING
  124-8  JOINT VENTURE REQUIREMENTS.  A separated affiliate or electronic
  124-9  publishing joint venture:
 124-10              (1)  shall maintain books, records, and accounts that
 124-11  are separate from those of the incumbent local exchange company and
 124-12  from any affiliate and that record in accordance with generally
 124-13  accepted accounting principles all transactions, whether direct or
 124-14  indirect, with the incumbent local exchange company;
 124-15              (2)  may not incur debt in a manner that would permit a
 124-16  creditor on default to have recourse to the assets of the incumbent
 124-17  local exchange company;
 124-18              (3)  shall prepare financial statements that are not
 124-19  consolidated with those of the incumbent local exchange company or
 124-20  an affiliate, provided that consolidated statements may also be
 124-21  prepared;
 124-22              (4)  shall file with the commission annual reports in a
 124-23  form substantially equivalent to the Form 10-K required by
 124-24  regulations of the Securities and Exchange Commission;
 124-25              (5)  after September 1, 1996, may not hire:
 124-26                    (A)  as corporate officers, sales and marketing
 124-27  management personnel whose responsibilities at the separated
  125-1  affiliate or electronic publishing joint venture will include the
  125-2  geographic areas where the incumbent local exchange company
  125-3  provides basic telephone service;
  125-4                    (B)  network operations personnel whose
  125-5  responsibilities at the separated affiliate or electronic
  125-6  publishing joint venture would require dealing directly with the
  125-7  incumbent local exchange company; or
  125-8                    (C)  any person who was employed by the incumbent
  125-9  local exchange company during the year preceding the date of hire,
 125-10  except that the requirements of this paragraph do not apply to
 125-11  persons subject to a collective bargaining agreement that gives
 125-12  those persons rights to be employed by a separated affiliate or
 125-13  electronic publishing joint venture of the local exchange company;
 125-14              (6)  may not provide any wireline telephone exchange
 125-15  service in any telephone exchange area in which an incumbent local
 125-16  exchange company with which it is under common ownership or control
 125-17  provides basic telephone exchange service except on a resale basis;
 125-18              (7)  may not use the name, trademarks, or service marks
 125-19  of an existing incumbent local exchange company except for names,
 125-20  trademarks, or service marks that were used in common with the
 125-21  entity that owns or controls the incumbent local exchange company;
 125-22              (8)  shall have performed annually by March 31, or any
 125-23  other date prescribed by the commission, a compliance review:
 125-24                    (A)  that is conducted by an independent entity
 125-25  that is subject to professional, legal, and ethical obligations for
 125-26  the purpose of determining compliance during the preceding calendar
 125-27  year with any provision of this subtitle that imposes a requirement
  126-1  on the separated affiliate or electronic publishing joint venture;
  126-2  and
  126-3                    (B)  the results of which are maintained by the
  126-4  separated affiliate for a period of five years subject to review by
  126-5  any lawful authority; and
  126-6              (9)  shall within 90 days after the date of receiving a
  126-7  review described by Subdivision (8) of this subsection, file a
  126-8  report of any exceptions and corrective action with the commission
  126-9  and allow any person to inspect and copy the report subject to
 126-10  reasonable safeguards to protect any proprietary information
 126-11  contained in the report from being used for purposes other than to
 126-12  enforce or pursue remedies under this subtitle.
 126-13        Sec. 3.554.  INCUMBENT LOCAL EXCHANGE COMPANY REQUIREMENTS.
 126-14  (a)  An incumbent local exchange company under common ownership or
 126-15  control with a separated affiliate or electronic publishing joint
 126-16  venture:
 126-17              (1)  may not provide a separated affiliate any
 126-18  facilities, services, or basic telephone service information unless
 126-19  it makes those facilities, services, or information available to
 126-20  unaffiliated entities on request and on the same terms and
 126-21  conditions;
 126-22              (2)  shall carry out transactions with a separated
 126-23  affiliate in a manner equivalent to the manner that unrelated
 126-24  parties would carry out independent transactions and not based on
 126-25  the affiliation;
 126-26              (3)  shall carry out transactions with a separated
 126-27  affiliate, that involve the transfer of personnel, assets, or
  127-1  anything of value, in accordance with written contracts or tariffs
  127-2  that are filed with the commission and made publicly available;
  127-3              (4)  shall carry out transactions with a separated
  127-4  affiliate in a manner that is auditable in accordance with
  127-5  generally accepted auditing standards;
  127-6              (5)  shall value any assets that are transferred to a
  127-7  separated affiliate at the greater of net book cost or fair market
  127-8  value;
  127-9              (6)  shall value any assets that are transferred to the
 127-10  incumbent local exchange company by its separated affiliate at the
 127-11  lesser of net book cost or fair market value;
 127-12              (7)  may not, except for instances where Federal
 127-13  Communications Commission or commission rules or regulations permit
 127-14  in-arrears payment for tariffed telecommunications services or the
 127-15  investment by an affiliate of dividends or profits derived from an
 127-16  incumbent  local exchange company, provide debt or equity financing
 127-17  directly or indirectly to a separated affiliate;
 127-18              (8)  shall comply fully with all applicable Federal
 127-19  Communications Commission and commission cost allocation and other
 127-20  accounting rules;
 127-21              (9)  shall have performed annually by March 31, or any
 127-22  other date prescribed by the commission, a compliance review:
 127-23                    (A)  that is conducted by an independent entity
 127-24  that is subject to professional, legal, and ethical obligations for
 127-25  the purpose of determining compliance during the preceding calendar
 127-26  year with any provision of this subtitle that imposes a requirement
 127-27  on the incumbent local exchange company; and
  128-1                    (B)  the results of which are maintained by the
  128-2  incumbent local exchange company for a period of five years subject
  128-3  to review by any local authority; and
  128-4              (10)  shall within 90 days after the date of receiving
  128-5  a review described by Subdivision (9) of this subsection, file a
  128-6  report of any exceptions and corrective action with the commission
  128-7  and allow any person to inspect and copy the report subject to
  128-8  reasonable safeguards to protect any proprietary information
  128-9  contained in the report from being used for purposes other than to
 128-10  enforce or pursue remedies under this subtitle.
 128-11        (b)  If the incumbent local exchange company provides
 128-12  facilities or services for telecommunication, transmission, billing
 128-13  and collection, or expanded interconnection to any electronic
 128-14  publisher, including a separated affiliate, for use with or in
 128-15  connection with the provision of electronic publishing that is
 128-16  disseminated by means of the incumbent local exchange company's or
 128-17  any of its affiliates' basic telephone service, the incumbent local
 128-18  exchange company shall provide to all other electronic publishers
 128-19  the same type of facilities and services on request, on the same
 128-20  terms and conditions or as required by the Federal Communications
 128-21  Commission or the commission, and unbundled and individually
 128-22  tariffed to the smallest extent that is technically feasible and
 128-23  economically reasonable to provide.
 128-24        (c)  The incumbent local exchange company shall provide
 128-25  network access and interconnections for basic telephone service to
 128-26  electronic publishers at any technically feasible and economically
 128-27  reasonable point within the incumbent local exchange company's
  129-1  network and at just and reasonable rates that are tariffed, so long
  129-2  as rates for those services are subject to regulation, and that are
  129-3  not higher on a per unit basis than those charged for those
  129-4  services to any other electronic publisher or any separated
  129-5  affiliate engaged in electronic publishing.
  129-6        (d)  If prices for network access and interconnection for
  129-7  basic telephone service are no longer subject to regulation, the
  129-8  incumbent local exchange company shall provide electronic
  129-9  publishers those services on the same terms and conditions as a
 129-10  separated affiliate receives those services.
 129-11        (e)  If any basic telephone service used by electronic
 129-12  publishers ceases to require a tariff, the incumbent local exchange
 129-13  company shall  provide electronic publishers with that service on
 129-14  the same terms and conditions as a separated affiliate receives
 129-15  that service.
 129-16        (f)  The incumbent local exchange company shall provide
 129-17  reasonable advance notification at the same time and on the same
 129-18  terms to all affected electronic publishers of information if the
 129-19  information is within any one or more of the following categories:
 129-20              (1)  information necessary for the transmission or
 129-21  routing of information by an interconnected electronic publisher;
 129-22              (2)  information necessary to ensure the
 129-23  interoperability of an electronic publisher's and the incumbent
 129-24  local exchange company's networks; or
 129-25              (3)  information that relates to changes in basic
 129-26  telephone service network design and technical standards that may
 129-27  affect the provision of electronic publishing.
  130-1        (g)  The incumbent local exchange company may not directly or
  130-2  indirectly provide anything of monetary value to a separated
  130-3  affiliate unless in exchange for consideration at least equal to
  130-4  the greater of its net book cost or fair market value, except the
  130-5  investment by an affiliate of dividends or profits derived from an
  130-6  incumbent local exchange company.
  130-7        (h)  The incumbent local exchange company may not:
  130-8              (1)  discriminate in the presentation or provision of
  130-9  any gateway for electronic publishing services or any electronic
 130-10  directory of information services that is provided over the
 130-11  incumbent local exchange company's basic telephone service;
 130-12              (2)  have any directors, officers, or employees in
 130-13  common with a separated affiliate;
 130-14              (3)  own any property in common with a separated
 130-15  affiliate;
 130-16              (4)  perform hiring or training of personnel on behalf
 130-17  of a separated affiliate;
 130-18              (5)  perform the purchasing, installation, or
 130-19  maintenance of equipment on behalf of a separated affiliate, except
 130-20  for telephone service that the company provides under tariff or
 130-21  contract subject to the provisions of this subtitle; or
 130-22              (6)  perform research and development on behalf of a
 130-23  separated affiliate.
 130-24        Sec. 3.555.  CUSTOMER PROPRIETARY NETWORK INFORMATION.
 130-25  Consistent with Section 232, Communications Act of 1934, as
 130-26  amended, and Section 3.501 of this Act, an incumbent local exchange
 130-27  company or an affiliate may not provide to an electronic publisher,
  131-1  including a separated affiliate or electronic publishing joint
  131-2  venture, customer proprietary network information for use with or
  131-3  in connection with the provision of electronic publishing that is
  131-4  disseminated by means of the incumbent local exchange company's or
  131-5  any of its affiliates' basic telephone service that is not made
  131-6  available by the incumbent local exchange company or affiliate to
  131-7  all electronic publishers on the same terms and conditions.
  131-8        Sec. 3.556.  COMPLIANCE WITH SAFEGUARDS.  An incumbent local
  131-9  exchange company or affiliate, including a separated affiliate, may
 131-10  not act in concert with another incumbent local exchange company or
 131-11  any other entity to knowingly and wilfully violate or evade the
 131-12  requirements of this subtitle.
 131-13        Sec. 3.557.  INCUMBENT LOCAL EXCHANGE COMPANY DIVIDENDS.
 131-14  Nothing in this subtitle prohibits an affiliate from investing
 131-15  dividends derived from an incumbent local exchange company in its
 131-16  separated affiliate, and Sections 3.560 and 3.561 of this Act do
 131-17  not apply to that investment.
 131-18        Sec. 3.558.  JOINT MARKETING.  Except as provided by Section
 131-19  3.559 of this Act, an incumbent local exchange company may not
 131-20  carry out:
 131-21              (1)  any promotion, marketing, sales, or advertising
 131-22  for or in conjunction with a separated affiliate; or
 131-23              (2)  any promotion, marketing, sales, or advertising
 131-24  for or in conjunction with an affiliate that is related to the
 131-25  provision of electronic publishing.
 131-26        Sec. 3.559.  PERMISSIBLE JOINT ACTIVITIES.  (a)  An incumbent
 131-27  local exchange company may provide inbound telemarketing or
  132-1  referral services related to the provision of electronic publishing
  132-2  for a separated affiliate, electronic publishing joint venture,
  132-3  affiliate, or unaffiliated electronic publisher, provided that if
  132-4  those services are provided to a separated affiliate, electronic
  132-5  publishing joint venture, or affiliate, those services shall be
  132-6  made available to all electronic publishers on request, on
  132-7  nondiscriminatory terms, at compensatory prices, and subject to
  132-8  regulations of the commission to ensure that the incumbent local
  132-9  exchange company's method of providing telemarketing or referral
 132-10  and its price structure do not competitively disadvantage any
 132-11  electronic publishers regardless of size, including those that do
 132-12  not use the incumbent local exchange company's telemarketing
 132-13  services.
 132-14        (b)  An incumbent local exchange company may engage in
 132-15  nondiscriminatory teaming or business arrangements to engage in
 132-16  electronic publishing with any separated affiliate or with any
 132-17  other electronic publisher, provided that the incumbent local
 132-18  exchange company provides only facilities, services, and basic
 132-19  telephone service information as authorized by this subtitle, and
 132-20  provided that the incumbent local exchange company does not own
 132-21  that teaming or business arrangement.
 132-22        (c)  An incumbent local exchange company or affiliate may
 132-23  participate on a nonexclusive basis in electronic publishing joint
 132-24  ventures with an entity that is not an incumbent  local exchange
 132-25  company, affiliate, or separated affiliate to provide electronic
 132-26  publishing services, provided that the incumbent local exchange
 132-27  company or affiliate has not more than a 50 percent direct or
  133-1  indirect equity interest, or the equivalent, or the right to more
  133-2  than 50 percent of the gross revenues under a revenue sharing or
  133-3  royalty agreement in any electronic publishing joint venture.
  133-4  Officers and employees of an incumbent local exchange company or
  133-5  affiliate participating in an electronic publishing joint venture
  133-6  may not have more than 50 percent of the voting control over the
  133-7  electronic publishing joint venture.  In the case of joint ventures
  133-8  with a small, local electronic publisher, the commission for good
  133-9  cause shown may authorize the incumbent local exchange company or
 133-10  affiliate to have a larger equity interest, revenue share, or
 133-11  voting control, but not to exceed 80 percent.  An incumbent local
 133-12  exchange company participating in an electronic publishing joint
 133-13  venture may provide promotion, marketing, sales, or advertising
 133-14  personnel and services to the joint venture.
 133-15        Sec. 3.560.  TRANSACTIONS RELATED TO THE PROVISION OF
 133-16  ELECTRONIC PUBLISHING BETWEEN AN INCUMBENT LOCAL EXCHANGE COMPANY
 133-17  AND ANY AFFILIATE.  (a)  Any provision of facilities, services, or
 133-18  basic telephone service information, or any transfer of assets,
 133-19  personnel, or anything of commercial or competitive value, from an
 133-20  incumbent local exchange company to an affiliate related to the
 133-21  provision of electronic publishing shall be:
 133-22              (1)  recorded in the books and records of each entity;
 133-23              (2)  auditable in accordance with generally accepted
 133-24  auditing standards; and
 133-25              (3)  done in accordance with written contracts or
 133-26  tariffs filed with the commission.
 133-27        (b)  A transfer of assets directly related to the provision
  134-1  of electronic publishing from an incumbent local exchange company
  134-2  to an affiliate shall be valued at the greater of net book cost or
  134-3  fair market value.  A transfer of assets related to the provision
  134-4  of electronic publishing from an affiliate to the incumbent local
  134-5  exchange company shall be valued at the lesser of net book cost or
  134-6  fair market value.
  134-7        (c)  An incumbent local exchange company may not provide
  134-8  directly or indirectly to a separated affiliate any facilities,
  134-9  services, or basic telephone service information related to the
 134-10  provision of electronic publishing that are not made available to
 134-11  unaffiliated companies on the same terms and conditions.
 134-12        Sec. 3.561.  TRANSACTIONS RELATED TO THE PROVISION OF
 134-13  ELECTRONIC PUBLISHING BETWEEN AN AFFILIATE AND A SEPARATED
 134-14  AFFILIATE.  (a)  Any facilities, services, or basic telephone
 134-15  service information provided, or any assets, personnel, or anything
 134-16  of commercial or competitive value transferred, from an incumbent
 134-17  local exchange company to an affiliate as described by Section
 134-18  3.560 of this Act and then provided or transferred to a separated
 134-19  affiliate shall be:
 134-20              (1)  recorded in the books and records of each entity;
 134-21              (2)  auditable in accordance with generally accepted
 134-22  auditing standards; and
 134-23              (3)  done in accordance with written contracts or
 134-24  tariffs filed with the commission.
 134-25        (b)  A transfer of assets directly related to the provision
 134-26  of electronic publishing from an incumbent local exchange company
 134-27  to an affiliate as described by Section 3.560 of this Act and then
  135-1  transferred to a separated affiliate shall be valued at the greater
  135-2  of net book cost or fair market value.  A transfer of assets
  135-3  related to the provision of electronic publishing from a separated
  135-4  affiliate to an affiliate and then transferred to the incumbent
  135-5  local exchange company as described by Section 3.560 of this Act
  135-6  shall be valued at the lesser of net book cost or fair market
  135-7  value.
  135-8        (c)  An affiliate may not provide directly or indirectly to a
  135-9  separated affiliate any facilities, services, or basic telephone
 135-10  service information related to the provision of electronic
 135-11  publishing that are not made available to unaffiliated companies on
 135-12  the same terms and conditions.
 135-13        Sec. 3.562.  OTHER ELECTRONIC PUBLISHERS.  (a)  Except as
 135-14  provided by Section 3.559(c) of this Act:
 135-15              (1)  an incumbent local exchange company may not have
 135-16  any officers, employees, property, or facilities in common with an
 135-17  entity whose principal business is publishing of which a part is
 135-18  electronic publishing; and
 135-19              (2)  an officer or employee of an incumbent local
 135-20  exchange company may not serve as a director of an entity whose
 135-21  principal business is publishing of which a part is electronic
 135-22  publishing.
 135-23        (b)  For the purposes of Subsection (a) of this section, an
 135-24  incumbent local exchange company or an affiliate that owns an
 135-25  electronic publishing joint venture may not be deemed to be engaged
 135-26  in the electronic publishing business solely because of that
 135-27  ownership.
  136-1        (c)  Except as provided by Section 3.559(c) of this Act, an
  136-2  incumbent local exchange company may not carry out:
  136-3              (1)  any marketing or sales for an entity that engages
  136-4  in electronic publishing; or
  136-5              (2)  any hiring of personnel, purchasing, or
  136-6  production, for an entity that engages in electronic publishing.
  136-7        (d)  Except as provided by Section 3.559(c) of this Act, the
  136-8  incumbent local exchange company may not provide any facilities,
  136-9  services, or basic telephone service information to an entity that
 136-10  engages in electronic publishing, for use with or in connection
 136-11  with the provision of electronic publishing that is disseminated by
 136-12  means of the incumbent local exchange company's or any of its
 136-13  affiliates' basic telephone service, unless equivalent facilities,
 136-14  services, or information are made available on equivalent terms and
 136-15  conditions to all.
 136-16        Sec. 3.563.  PRIVATE RIGHT OF ACTION.  (a)  A person claiming
 136-17  that an act or practice of an incumbent local exchange company,
 136-18  affiliate, or separated affiliate constitutes a violation of this
 136-19  subtitle may file a complaint with the commission or bring suit for
 136-20  the recovery of damages, and the incumbent local exchange company,
 136-21  affiliate, or separated affiliate shall be liable if the incumbent
 136-22  local exchange company does, or causes or permits to be done, any
 136-23  act, matter, or thing in this subtitle required to be done.  The
 136-24  incumbent local exchange company shall be liable to the person or
 136-25  persons injured thereby for the full amount of damages sustained in
 136-26  consequence of any violation of the provisions of this subtitle,
 136-27  together with a reasonable counsel or attorney's fees to be fixed
  137-1  by the court in every case of recovery, which attorney's fees shall
  137-2  be taxed and collected as part of the costs of the case.  Damages
  137-3  may not be awarded for a violation that is discovered by a
  137-4  compliance review as required by Section 3.553(8) or 3.554(a)(9) of
  137-5  this Act and corrected within 90 days.
  137-6        (b)  In addition to the provisions of Subsection (a) of this
  137-7  section, a person claiming that any act or practice of an incumbent
  137-8  local exchange company, affiliate, or separated affiliate
  137-9  constitutes a violation of this subtitle may make application to
 137-10  the commission for an order to cease and desist that violation or
 137-11  may make application in any state district court for an order
 137-12  enjoining those acts or practices or for an order compelling
 137-13  compliance with that requirement.
 137-14        Sec. 3.564.  ANTITRUST LAWS.  Nothing in this section may be
 137-15  construed to modify, impair, or supersede the applicability of any
 137-16  of the antitrust laws.
 137-17        Sec. 3.565.  TRANSITION.  An electronic publishing service
 137-18  being offered to the public by an incumbent local exchange company
 137-19  or affiliate on the date of enactment of this subtitle shall have
 137-20  one year from that date of enactment to comply with the
 137-21  requirements of this subtitle.
 137-22        Sec. 3.566.  SUNSET.  The provisions of this subtitle do not
 137-23  apply to conduct occurring after June 30, 2001.
 137-24      SUBTITLE M.  TELECOMMUNICATIONS SERVICE ASSISTANCE PROGRAM;
 137-25                        UNIVERSAL SERVICE FUND
 137-26        Sec. 3.601 <3.351>.  TEL-ASSISTANCE SERVICE.  The commission
 137-27  shall adopt and enforce rules requiring each local exchange company
  138-1  to establish a telecommunications service assistance program to be
  138-2  called "tel-assistance service."  This service is established to
  138-3  provide eligible consumers with a reduction in costs of
  138-4  telecommunications services.
  138-5        Sec. 3.602 <3.352>.  ELIGIBILITY FOR TEL-ASSISTANCE SERVICE;
  138-6  BURDEN OF PROOF; BILLING.  (a)  To be eligible for tel-assistance
  138-7  service, an applicant must be a head of household, 65 years of age
  138-8  or older, and disabled as determined by the Texas Department of
  138-9  Human Services and must have a household income at or below the
 138-10  poverty level as determined by the United States Office of
 138-11  Management and Budget and reported annually in the Federal
 138-12  Register.  The department, in accordance with this subtitle and
 138-13  rules adopted by the department for the program, shall develop
 138-14  procedures for taking applications for certification of eligibility
 138-15  and for determining program eligibility.  The burden of proving
 138-16  eligibility for tel-assistance service is on the consumer applying
 138-17  for the service.
 138-18        (b)  Each six months the department shall provide a list or
 138-19  lists of the names, addresses, and, if applicable, telephone
 138-20  numbers of all persons eligible for tel-assistance service to each
 138-21  local exchange company.  The local exchange company shall determine
 138-22  from the list those consumers to whom the company provides service
 138-23  and within 60 days after receiving the list shall begin
 138-24  tel-assistance billing for eligible consumers.  This billing shall
 138-25  continue until the local exchange company is notified by the
 138-26  department that a consumer is no longer eligible to receive
 138-27  tel-assistance service.
  139-1        Sec. 3.603 <3.353>.  TEL-ASSISTANCE SERVICES; BILLING; RATES.
  139-2  (a)  The local exchange company shall provide tel-assistance
  139-3  service to all eligible consumers within its certificated area in
  139-4  the form of a reduction on each eligible consumer's telephone bill.
  139-5  The reduction shall apply only to the following types of service:
  139-6              (1)  residential flat rate basic local exchange
  139-7  service;
  139-8              (2)  residential local exchange access service; and
  139-9              (3)  residential local area calling usage, except that
 139-10  the reduction for local area calling usage shall be limited to an
 139-11  amount such that together with the reduction for local exchange
 139-12  access service the rate does not exceed the comparable reduced flat
 139-13  rate for the service.
 139-14        (b)  No other local voice service may be provided to the
 139-15  dwelling place of a tel-assistance consumer, nor may single or
 139-16  party line optional extended area service, optional extended area
 139-17  calling service, foreign zone, or foreign exchange service be
 139-18  provided to a tel-assistance consumer.  Nothing in this section
 139-19  shall prohibit a person otherwise eligible to receive
 139-20  tel-assistance service from obtaining and using telecommunications
 139-21  equipment designed to aid such person in utilizing
 139-22  telecommunications services.
 139-23        (c)  The reduction allowed by the telecommunications service
 139-24  assistance program shall be 65 percent of the applicable tariff
 139-25  rate for the service provided.
 139-26        Sec. 3.604 <3.354>.  STATEWIDE TELECOMMUNICATIONS RELAY
 139-27  ACCESS SERVICE FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED.  (a)  The
  140-1  commission shall adopt and enforce rules establishing a statewide
  140-2  telecommunications relay access service for the hearing-impaired
  140-3  and speech-impaired using specialized communications equipment such
  140-4  as telecommunications devices for the deaf (TDD) and operator
  140-5  translations.  The purpose of this section is to provide for the
  140-6  uniform and coordinated provision of the service on a statewide
  140-7  basis by one telecommunications carrier.
  140-8        (b)  Commission rules relating to a statewide
  140-9  telecommunications relay access service for the hearing-impaired
 140-10  and speech-impaired shall provide that:
 140-11              (1)  the service shall provide the hearing-impaired and
 140-12  speech-impaired with access to the telecommunications network in
 140-13  Texas equal to that provided other customers;
 140-14              (2)  the service shall consist of the following:
 140-15                    (A)  switching and transmission of the call;
 140-16                    (B)  verbal and print translations by either live
 140-17  or automated means between hearing-impaired and speech-impaired
 140-18  individuals who use TDD equipment or similar automated devices and
 140-19  others who do not have such equipment; and
 140-20                    (C)  other service enhancements proposed by the
 140-21  carrier and approved by the commission;
 140-22              (3)  the calling or called party shall bear no charge
 140-23  for calls originating and terminating within the same local calling
 140-24  area;
 140-25              (4)  the calling or called party shall bear one-half of
 140-26  the total charges established by contract with the commission for
 140-27  intrastate interexchange calls;
  141-1              (5)  as specified in its contract with the commission,
  141-2  charges related to providing the service which are not borne by a
  141-3  calling or called party pursuant to Subdivisions (3) and (4) of
  141-4  this subsection shall be funded from the universal service fund;
  141-5              (6)  local exchange companies may not impose
  141-6  interexchange carrier access charges on calls which make use of
  141-7  this service and which originate and terminate in the same local
  141-8  calling area;
  141-9              (7)  local exchange companies shall provide billing and
 141-10  collection services in support of this service at just and
 141-11  reasonable rates; and
 141-12              (8)  if the commission orders a local exchange company
 141-13  to provide for a trial telecommunications relay access service for
 141-14  the hearing-impaired or speech-impaired, all pertinent costs and
 141-15  design information from this trial shall be available to the
 141-16  general public.
 141-17        (c)  The commission shall allow telecommunications utilities
 141-18  to recover their universal service fund assessment related to this
 141-19  service through a surcharge which the utility may add to its
 141-20  customers' bills.  The commission shall specify how the amount of
 141-21  the surcharge is to be determined by each utility.  If a utility
 141-22  chooses to impose the surcharge, the bill shall list the surcharge
 141-23  as the "universal service fund surcharge."
 141-24        (d)  The commission shall set the appropriate assessments for
 141-25  the funding of the service by all telecommunications utilities.  In
 141-26  setting the appropriate assessments, the commission shall consider
 141-27  the aggregate calling pattern of the users of the service and all
  142-1  other factors found appropriate and in the public interest by the
  142-2  commission.  The commission shall review the assessments annually
  142-3  and adjust the assessments as found appropriate hereunder.
  142-4        (e)  The commission shall select the telecommunications
  142-5  carrier which will provide the statewide telecommunications relay
  142-6  access service for the hearing-impaired and speech-impaired.  In
  142-7  awarding the contract for this service, the commission shall make a
  142-8  written award of the contract to the offerer whose proposal is the
  142-9  most advantageous to the state, considering price, the interests of
 142-10  the hearing-impaired and speech-impaired community in having access
 142-11  to a high quality and technologically advanced telecommunications
 142-12  system, and all other factors listed in the commission's request
 142-13  for proposals.  The commission shall consider each proposal in a
 142-14  manner that does not disclose the contents of the proposal to
 142-15  competing offerers.  The commission's evaluation of the proposals
 142-16  shall include:
 142-17              (1)  charges for the service;
 142-18              (2)  service enhancements proposed by the offerers;
 142-19              (3)  technological sophistication of the network
 142-20  proposed by the offerers; and
 142-21              (4)  the proposed commencement date for the service.
 142-22        (f)  The telecommunications carrier providing the service
 142-23  shall be compensated for providing such service at rates, terms,
 142-24  and conditions established in its contract with the commission.
 142-25  This compensation may include a return on the investment required
 142-26  to provide the service and compensation for unbillable and
 142-27  uncollectible calls placed through the service, provided that
  143-1  compensation for unbillable and uncollectible calls shall be
  143-2  subject to a reasonable limitation as determined by the commission.
  143-3        (g)  The advisory committee to assist the commission in
  143-4  administering this section is composed of the following persons
  143-5  appointed by the commission:
  143-6              (1)  two deaf persons recommended by the Texas
  143-7  Association of the Deaf;
  143-8              (2)  one hearing-impaired person recommended by
  143-9  Self-Help for the Hard of Hearing;
 143-10              (3)  one hearing-impaired person recommended by the
 143-11  American Association of Retired Persons;
 143-12              (4)  one deaf and blind person recommended by the Texas
 143-13  Deaf/Blind Association;
 143-14              (5)  one speech-impaired person and one speech-impaired
 143-15  and hearing-impaired person recommended by the Coalition of Texans
 143-16  with Disabilities;
 143-17              (6)  two representatives of telecommunications
 143-18  utilities, one representing a nonlocal exchange utility and one
 143-19  representing a local exchange company, chosen from a list of
 143-20  candidates provided by the Texas Telephone Association;
 143-21              (7)  two persons, at least one of whom is deaf, with
 143-22  experience in providing relay services recommended by the Texas
 143-23  Commission for the Deaf and Hearing-Impaired; and
 143-24              (8)  two public members recommended by organizations
 143-25  representing consumers of telecommunications services.
 143-26        (h)  The commission shall appoint advisory committee members
 143-27  based on recommended lists of candidates submitted in accordance
  144-1  with Subdivision (6) of Subsection (g) of this section.  The
  144-2  advisory committee shall monitor the establishment, administration,
  144-3  and promotion of the statewide telecommunications relay access
  144-4  service and advise the commission in pursuing a service which meets
  144-5  the needs of the hearing-impaired and speech-impaired in
  144-6  communicating with other users of telecommunications services.  The
  144-7  terms of office of each member of the advisory committee shall be
  144-8  two years.  A member whose term has expired shall continue to serve
  144-9  until a qualified replacement is appointed.  The members of the
 144-10  advisory committee shall serve without compensation but shall be
 144-11  entitled to reimbursement at rates established for state employees
 144-12  for travel and per diem incurred in the performance of their
 144-13  official duties.  The commission shall reimburse members of the
 144-14  advisory committee in accordance with this subsection and shall
 144-15  provide clerical and staff support to the advisory committee,
 144-16  including a secretary to record the committee meetings.  The
 144-17  commission's costs associated with the advisory committee shall be
 144-18  reimbursed from the universal service fund.
 144-19        Sec. 3.605 <3.355>.  DISTANCE LEARNING ACTIVITIES BY
 144-20  EDUCATIONAL INSTITUTIONS; REDUCED RATES.  (a)  The commission by
 144-21  rule shall require a dominant carrier to file a tariff containing a
 144-22  reduced rate for a telecommunications service the commission finds
 144-23  is directly related to a distance learning activity that is or
 144-24  could be conducted by an educational institution in this state.
 144-25        (b)  The commission rules shall specify:
 144-26              (1)  the telecommunications services that qualify under
 144-27  this section;
  145-1              (2)  the process by which an educational institution
  145-2  qualifies for a reduced rate;
  145-3              (3)  the date by which a dominant carrier shall file a
  145-4  tariff;
  145-5              (4)  guidelines and criteria by which the services and
  145-6  reduced rates shall further the goals stated in Subsection (d) of
  145-7  this section; and
  145-8              (5)  any other requirements, terms, and conditions that
  145-9  the commission determines to be in the public interest.
 145-10        (c)  A tariff filing by a dominant carrier under this
 145-11  section:
 145-12              (1)  shall concern only the implementation of this
 145-13  section;
 145-14              (2)  is not a rate change under Section 3.211 of this
 145-15  Act; and
 145-16              (3)  does not affect any of the carrier's other rates
 145-17  or services.
 145-18        (d)  The services and reduced rates shall be designed to:
 145-19              (1)  encourage the development and offering of distance
 145-20  learning activities by educational institutions;
 145-21              (2)  meet the distance learning needs identified by the
 145-22  educational community; and
 145-23              (3)  recover the long-run incremental costs of
 145-24  providing the services, to the extent those costs can be
 145-25  identified, so as to avoid subsidizing educational institutions.
 145-26        (e)  The commission is not required to determine the long-run
 145-27  incremental cost of providing a service before approving a reduced
  146-1  rate for the service.  Until cost determination rules are developed
  146-2  and the rates established under this section are changed as
  146-3  necessary to ensure proper cost recovery, the reduced rates
  146-4  established by the commission shall be equal to 75 percent of the
  146-5  otherwise applicable rate.  After the commission develops cost
  146-6  determination rules for telecommunications services generally, it
  146-7  shall ensure that a reduced rate approved under this section
  146-8  recovers service-specific long-run incremental costs and avoids
  146-9  subsidization.
 146-10        (f)  An educational institution or dominant carrier may at
 146-11  any time request the commission to:
 146-12              (1)  provide for a reduced rate for a service directly
 146-13  related to a distance learning activity that is not covered by
 146-14  commission rules;
 146-15              (2)  change a rate;
 146-16              (3)  amend a tariff; or
 146-17              (4)  amend a commission rule.
 146-18        (g)  If the commission determines that a change requested
 146-19  under Subsection (f) is appropriate, it shall make the requested
 146-20  change.
 146-21        (h)  In this section:
 146-22              (1)  "Distance learning" means instruction, learning,
 146-23  and training that is transmitted from one site to one or more sites
 146-24  by telecommunications services that are used by an educational
 146-25  institution predominantly for such instruction, learning, or
 146-26  training, including video, data, voice, and electronic information.
 146-27              (2)  "Educational institution" means and includes:
  147-1                    (A)  accredited primary or secondary schools
  147-2  owned or operated by state and local governmental entities or
  147-3  private entities;
  147-4                    (B)  institutions of higher education as defined
  147-5  by Section 61.003, Education Code;
  147-6                    (C)  private institutions of higher education
  147-7  accredited by a recognized accrediting agency as defined by Section
  147-8  61.003(13), Education Code;
  147-9                    (D)  the Central Education Agency, its successors
 147-10  and assigns;
 147-11                    (E)  regional education service centers
 147-12  established and operated pursuant to Sections 11.32 and 11.33,
 147-13  Education Code; and
 147-14                    (F)  the Texas Higher Education Coordinating
 147-15  Board, its successors and assigns.
 147-16        Sec. 3.606.  TELECOMMUNICATIONS INFRASTRUCTURE FUND.  (a)  In
 147-17  this section:
 147-18              (1)  "Board" means the Telecommunications
 147-19  Infrastructure Fund Board.
 147-20              (2)  "Fund" means the Telecommunications Infrastructure
 147-21  Fund.
 147-22              (3)  "Institution of higher education" has the meaning
 147-23  assigned by Section 61.003, Education Code, and also includes a
 147-24  "private or independent institution of higher education" as defined
 147-25  by Section 61.003, Education Code.
 147-26              (4)  "Library" means a "public library," or "regional
 147-27  library system" as those terms are defined by Section 441.122,
  148-1  Government Code, or a library operated by an institution of higher
  148-2  education.
  148-3              (5)  "School district" has the meaning assigned by
  148-4  Section 19.001, Education Code.
  148-5        (b)  The board shall administer the fund.  The board consists
  148-6  of nine members.  Three members are appointed by the governor,
  148-7  three members are appointed by the lieutenant governor, and three
  148-8  members are appointed by the governor from a list of individuals
  148-9  submitted by the speaker of the house of representatives.  Members
 148-10  of the board serve for staggered, six-year terms, with three
 148-11  members' terms expiring on August 31 of each odd-numbered year.
 148-12  The governor shall designate the presiding officer of the board.
 148-13        (c)  The governor and the lieutenant governor, in making
 148-14  their appointments to the board, and the speaker of the house of
 148-15  representatives, in compiling the list of recommended persons,
 148-16  shall attempt to select members who are representative of urban and
 148-17  rural school districts, institutions of higher education,
 148-18  libraries, and the public.  A person may not serve on the board if
 148-19  the person is required to register as a lobbyist under Chapter 305,
 148-20  Government Code, because of the person's activities for
 148-21  compensation on behalf of a profession related to the operation of
 148-22  the board.
 148-23        (d)  Members of the board serve without pay but are entitled
 148-24  to reimbursement for their actual expenses incurred in attending
 148-25  meetings of the board or in  attending to other work of the board
 148-26  if approved by the chairman of the board.
 148-27        (e)  The board is subject to Chapters 551 and 2001,
  149-1  Government Code.  The board is subject to Chapter 325, Government
  149-2  Code (Texas Sunset Act).  Unless continued in existence as provided
  149-3  by that chapter, the advisory board and this section expire
  149-4  September 1, 2001.
  149-5        (f)  The board is authorized to employ any personnel as
  149-6  reasonably necessary to perform duties delegated by the board, and
  149-7  the board may also enter into contracts as are necessary with state
  149-8  agencies or private entities to perform its duties.
  149-9        (g)  The board may appoint any committees as it determines
 149-10  may assist it in performing its duties under this section.
 149-11        (h)  The fund administered by the board is financed by an
 149-12  annual assessment on all telecommunications providers doing
 149-13  business in this state.  Each telecommunications provider shall pay
 149-14  the annual assessment in accordance with the ratio that the annual
 149-15  taxable telecommunications receipts reported by that provider under
 149-16  Chapter 151, Tax Code, bears to the total annual taxable
 149-17  telecommunications receipts reported by all telecommunications
 149-18  providers under Chapter 151, Tax Code.
 149-19        (i)  For the fiscal year beginning September 1, 1995, and for
 149-20  the five fiscal years immediately following, the comptroller shall
 149-21  assess and collect from telecommunications providers a total annual
 149-22  amount of $75 million.  The amount shall be assessed and collected
 149-23  in each year without respect to whether all of the funds previously
 149-24  collected have been disbursed or spent due to lack of demand or
 149-25  otherwise.
 149-26        (j)  The comptroller may require telecommunications providers
 149-27  to provide any reports and information as are needed to fulfill the
  150-1  duties of the comptroller provided by this section.  Any
  150-2  information provided to the comptroller by a telecommunications
  150-3  provider under this section is confidential and exempt from
  150-4  disclosure under Chapter 552, Government Code.
  150-5        (k)  All amounts collected by the comptroller from
  150-6  telecommunications providers under Subsection (h) of this section
  150-7  shall  be deposited in the fund in the state treasury and may be
  150-8  appropriated solely for use by the board consistent with the
  150-9  purposes of this section.  Sections 403.094 and 403.095, Government
 150-10  Code, do not apply to the fund.
 150-11        (l)  From funds appropriated to the board, the comptroller
 150-12  shall issue warrants as requested by the board in accordance with
 150-13  the purposes of this section, including warrants to grantees of the
 150-14  board in amounts  certified by the board to the comptroller.
 150-15        (m)  In addition to any appropriated funds, the board may
 150-16  accept gifts, grants, and donations and use them for the purposes
 150-17  of this section.
 150-18        (n)  The board shall use the fund to award grants and loans,
 150-19  including grants for installation costs, if applicable, on a
 150-20  competitive basis to rural and urban school districts, regional
 150-21  education service centers, institutions of higher education, and
 150-22  libraries recommended to the board by the Central Education Agency,
 150-23  the Texas Higher Education Coordinating Board, or the State Library
 150-24  and Archives Commission.
 150-25        (o)  The board may award grants  to projects and proposals
 150-26  that:
 150-27              (1)  provide equipment and infrastructure needed for
  151-1  distance learning and telemedicine services;
  151-2              (2)  develop and implement the initial or prototypical
  151-3  delivery of courses and other distance learning material;
  151-4              (3)  train teachers, faculty, or technicians in the use
  151-5  of distance learning materials and equipment; or
  151-6              (4)  develop curricula and instructional material
  151-7  especially suited for delivery by telecommunications.
  151-8        (p)  The board may award loans to projects and proposals to
  151-9  acquire equipment needed for distance learning and telemedicine
 151-10  projects.
 151-11        (q)  In awarding grants  and loans, the board shall give
 151-12  priority to projects and proposals that:
 151-13              (1)  represent collaborative efforts involving multiple
 151-14  schools, universities, or libraries;
 151-15              (2)  contribute matching funds from other sources;
 151-16              (3)  show promise of becoming self-sustaining;
 151-17              (4)  help users of information learn new ways to
 151-18  acquire and use information through telecommunications;
 151-19              (5)  extend specific educational information and
 151-20  knowledge services to groups not previously served, especially
 151-21  those in rural and remote areas;
 151-22              (6)  result in more efficient or effective learning
 151-23  than through conventional teaching;
 151-24              (7)  improve the effectiveness and efficiency of health
 151-25  care delivery; or
 151-26              (8)  take advantage of distance learning opportunities
 151-27  in rural and urban school districts with disproportionate numbers
  152-1  of at-risk youths or with high dropout rates.
  152-2        (r)  The Texas Higher Education Coordinating Board and
  152-3  Central Education Agency shall adopt policies and procedures in
  152-4  consultation with the board that are designed to aid the board in
  152-5  achieving the purposes of this section.
  152-6        (s)  In distributing funds to public schools, the board
  152-7  shall take into account the relative property wealth per student of
  152-8  the recipient school districts and recognize the unique needs of
  152-9  rural communities.
 152-10        Sec. 3.607 <3.356>.  RECOVERY OF LOST REVENUES.  A local
 152-11  exchange company is entitled to recover the lost revenue, if any,
 152-12  resulting solely from the provision of tel-assistance service from
 152-13  the universal service fund, the establishment of which is provided
 152-14  for by this Act.
 152-15        Sec. 3.608 <3.357>.  UNIVERSAL SERVICE FUND.  (a)  The
 152-16  commission shall adopt and enforce rules requiring local exchange
 152-17  companies to establish a universal service fund to assist local
 152-18  exchange companies in providing basic local telecommunications
 152-19  service <exchange service> at reasonable rates in high cost rural
 152-20  areas, to reimburse local exchange companies for revenues lost as a
 152-21  result of providing tel-assistance service under this Act, to
 152-22  reimburse the telecommunications carrier providing the statewide
 152-23  telecommunications relay access service for the hearing-impaired
 152-24  and speech-impaired as authorized in Section 3.604 <3.354> of this
 152-25  Act, and to reimburse the Texas Department of Human Services and
 152-26  the commission for costs incurred in implementing the provisions of
 152-27  this subtitle.
  153-1        (b)(1)  In addition to the authority described by Subsection
  153-2  (a) of this section, the commission may adopt any mechanisms
  153-3  necessary to maintain reasonable rates for local exchange telephone
  153-4  service and shall establish rules that would expand the universal
  153-5  service fund for local exchange companies serving fewer than one
  153-6  million access lines in the circumstances prescribed by this
  153-7  subsection.
  153-8              (2)  In the event of a commission order, rule, or
  153-9  policy, the effect of which is to reduce the amount of the high
 153-10  cost assistance fund, except an order entered in an individual
 153-11  company revenue requirements proceeding, the commission shall
 153-12  implement a mechanism through the universal service fund to replace
 153-13  the reasonably projected reduction in revenues caused by that
 153-14  regulatory action.
 153-15              (3)  In the event of a Federal Communications
 153-16  Commission order, rule, or policy, the effect of which is to change
 153-17  the federal universal service fund revenues of a local exchange
 153-18  company or change costs or revenues assigned to the intrastate
 153-19  jurisdiction, the commission shall implement a mechanism, through
 153-20  either the universal service fund or an increase to rates if that
 153-21  increase would not adversely impact universal service, to replace
 153-22  the reasonably projected change in revenues caused by the
 153-23  regulatory action.
 153-24              (4)  In the event of a commission change in its policy
 153-25  with respect to intraLATA "1+" dialing access, the commission shall
 153-26  implement a mechanism, through either the universal service fund or
 153-27  an increase to rates if that increase would not adversely impact
  154-1  universal service, to replace the reasonably projected reduction in
  154-2  contribution caused by the action.  Contribution for purposes of
  154-3  this subdivision equals average intraLATA long distance message
  154-4  telecommunications service (MTS) revenue, including intraLATA toll
  154-5  pooling and associated impacts, per minute less average MTS cost
  154-6  per minute less the average contribution from switched access times
  154-7  the projected change in intraLATA "1+" minutes of use.
  154-8              (5)  In the event of any other governmental agency
  154-9  issuing an order, rule, or policy, the effect of which is to
 154-10  increase costs or decrease revenues of the intrastate jurisdiction,
 154-11  the commission shall implement a mechanism through either the
 154-12  universal service fund or an increase to rates if that increase
 154-13  would not adversely impact universal service, to replace the
 154-14  reasonably projected increase in costs or decrease in revenues
 154-15  caused by that regulatory action.
 154-16              (6)  A revenue requirement showing is not required with
 154-17  respect to disbursements from the universal service fund under
 154-18  Subsection (a) or (b) of this section.  Those disbursements shall
 154-19  be implemented promptly and efficiently so that telecommunications
 154-20  providers and local exchange companies do not experience
 154-21  unnecessary cash flow changes as a result of these changes in
 154-22  governmental policy.
 154-23        (c)  The universal service fund shall be funded by a
 154-24  statewide uniform charge, at rates and on services determined by
 154-25  the commission, payable by all telecommunications providers
 154-26  <utilities> that have access to the customer base.  In establishing
 154-27  the uniform level of the charge and the services to which it will
  155-1  apply, the commission may not make or grant an unreasonable
  155-2  preference or advantage to a telecommunications provider <utility>
  155-3  or subject a telecommunications provider <utility> to unreasonable
  155-4  prejudice or disadvantage.  The charge shall be paid in accordance
  155-5  with procedures approved by the commission.
  155-6        (d) <(c)>  The commission shall:
  155-7              (1)  establish, in a manner that assures reasonable
  155-8  rates for basic local telecommunications <exchange> service,
  155-9  eligibility criteria and review procedures, including a method for
 155-10  administrative review, it finds necessary for funding of and
 155-11  distribution from <participation in> the universal service fund;
 155-12              (2)  determine which local exchange companies meet the
 155-13  eligibility criteria, which, at a minimum, include the requirement
 155-14  to offer service to every consumer within its certificated area and
 155-15  render continuous and adequate service within the area or areas, in
 155-16  compliance with the commission's quality of service requirements;
 155-17              (3)  determine the amount of and approve a procedure
 155-18  for reimbursement to local exchange companies of revenue lost in
 155-19  providing tel-assistance service under this Act;
 155-20              (4)  prescribe and collect fees from the universal
 155-21  service fund necessary to recover the costs the Texas Department of
 155-22  Human Services and the commission incurred in implementing and
 155-23  administrating the provisions of this subtitle; and
 155-24              (5)  approve procedures for the collection and
 155-25  disbursal of the revenues of the universal service fund.
 155-26        (e) <(d)>  The commission shall adopt rules for the
 155-27  implementation and administration of the universal service fund.
  156-1        (f) <(e)>  The commission may do all things necessary and
  156-2  convenient to implement and administer the universal service fund,
  156-3  including require local exchange companies and other
  156-4  telecommunications providers to provide any reports and information
  156-5  needed to assess contributions to the fund.  All reports and
  156-6  information are confidential and not subject to disclosure under
  156-7  Chapter 552, Government Code.
  156-8        Sec. 3.609 <3.358>.  INTERACTIVE MULTIMEDIA COMMUNICATIONS.
  156-9  (a)  The commission shall permit a local exchange company that
 156-10  provides interactive multimedia communications services to
 156-11  establish rates at levels necessary, using sound ratemaking
 156-12  principles, to recover costs associated with providing the
 156-13  services.  Unless determined by the commission to be in the public
 156-14  interest, a local exchange company may not establish rates under
 156-15  this subsection that are less than the local exchange company's
 156-16  long-run incremental costs of providing the interactive multimedia
 156-17  communications services.
 156-18        (b)  In this section, "interactive multimedia communications"
 156-19  has the meaning assigned by Section 14.0451(a), Education Code, as
 156-20  added by Chapter 868, Acts of the 73rd Legislature, Regular
 156-21  Session, 1993.
 156-22        Sec. 3.610.  REGULATORY TRANSITION FUND.  (a)  The commission
 156-23  shall establish a fund outside the state treasury known as the
 156-24  Regulatory Transition Fund (RTF).  The purposes of the fund are to:
 156-25              (1)  promote affordable universal local exchange
 156-26  telephone service in areas in which no competition exists; and
 156-27              (2)  facilitate the transition from networks
  157-1  established and prices set under monopoly conditions to a
  157-2  competitive market without endangering affordable universal
  157-3  service, while permitting existing facilities based local exchange
  157-4  companies to recover the costs of those networks.
  157-5        (b)  The RTF shall be funded by an assessment on the billed
  157-6  retail revenues of all telecommunications providers in this state
  157-7  except as provided by Subsection (e) of this section.  An
  157-8  assessment may not be made on local exchange telephone service
  157-9  revenues of a holder of a certificate of convenience and necessity,
 157-10  certificate of operating authority, or service provider certificate
 157-11  of operating authority.  The commission shall set the assessment
 157-12  for the next calendar year on or before November 1 of each year.
 157-13        (c)  The RTF shall be administered by the commission, which
 157-14  may retain a competitively neutral administrator for the day-to-day
 157-15  operations of the RTF.  The commission is the trustee of the fund's
 157-16  assets.  The commission may do all things necessary and convenient
 157-17  to implement and administer the RTF, including require local
 157-18  exchange companies and other telecommunications providers to
 157-19  provide any reports and information needed to assess contributions
 157-20  to the fund.  All reports and information are confidential and not
 157-21  subject to disclosure under Chapter 552, Government Code.  The
 157-22  commission shall administer the RTF in a manner to promptly and
 157-23  efficiently collect and transfer funds so that telecommunications
 157-24  providers and local exchange companies do not experience
 157-25  unnecessary cash flow changes as a result of the replacement of
 157-26  access revenues with revenues from the RTF.
 157-27        (d)  A telecommunications provider may impose a surcharge on
  158-1  or increase rates to its retail customers to collect its share of
  158-2  the assessment, except that the surcharge may not be imposed on a
  158-3  service if its revenues are not subject to the RTF assessment.
  158-4        (e)  On or before January 1, 1996, each existing local
  158-5  exchange company shall inform the commission if the company intends
  158-6  to receive funds from the RTF.  An incumbent local exchange company
  158-7  electing under Subtitle H of this title shall elect to receive
  158-8  funds from the RTF.  In an area as to which a local exchange
  158-9  company that has a certificate of convenience and necessity on
 158-10  September 1, 1995, informs the commission that it will not receive
 158-11  RTF funds, that local exchange company and no other
 158-12  telecommunications provider, including a holder of a certificate of
 158-13  operating authority or service provider certificate of authority,
 158-14  shall  be assessed for revenues arising in that company's
 158-15  certificated area.
 158-16        (f)  Effective July 1, 1996, each local exchange company that
 158-17  has elected to receive RTF funds shall price its intrastate
 158-18  switched access rates at the level of interstate switched access
 158-19  rates as of January 1, 1995.  A company electing under this section
 158-20  and having fewer than 100,000 access lines in this state shall have
 158-21  the option to price its intrastate switched access rates at the
 158-22  same level as the intrastate switched access rates of a local
 158-23  exchange company having more than five million access lines in this
 158-24  state.  Coincident with this change, the local exchange company
 158-25  shall reprice its intrastate intraLATA toll rates proportionately.
 158-26  A local exchange company that receives intraLATA toll settlements
 158-27  and that elects under this section shall reprice its intraLATA toll
  159-1  rates at the same level as the intraLATA toll rates of a local
  159-2  exchange company having more than five million access lines in this
  159-3  state.  The amount the company receives from the RTF may not be
  159-4  increased after the repricing required by this subsection except as
  159-5  permitted by Subsection (h) of this section.
  159-6        (g)  The commission shall disburse funds from the RTF on a
  159-7  revenue neutral basis to existing local exchange companies when
  159-8  switched access and intraLATA toll rates have been repriced so that
  159-9  those companies receive an amount from the RTF equal to the net
 159-10  revenue reductions, including any additional settlements that
 159-11  result from those reductions, specified by Subsection (f) of this
 159-12  section for intraLATA toll and access.
 159-13        (h)  As to companies subject to commission substantive rule
 159-14  16 T.A.C.  Section 23.91, if price changes are required by the
 159-15  commission following the completion of the pricing proceedings, the
 159-16  commission may assess additional amounts to telecommunications
 159-17  providers to fund any revenue reductions caused by those price
 159-18  changes, but that assessment may not exceed the amount of embedded
 159-19  non-traffic sensitive costs that are, at the time of the pricing
 159-20  proceeding, allocated to or recovered from intraLATA toll and
 159-21  switched access for those companies.
 159-22        (i)  The commission shall establish rules and procedures to
 159-23  transitionally reduce RTF receipts for an area or areas of an
 159-24  incumbent local exchange company in which another certificate of
 159-25  convenience and necessity or a certificate of operating authority
 159-26  or service provider certificate of operating authority has been
 159-27  granted.  After the basic local telecommunications service of the
  160-1  incumbent local exchange company has been completely deregulated
  160-2  for a particular geographic market area, receipts for the RTF shall
  160-3  be reduced.  The reduction shall be in proportion to the level of
  160-4  non-traffic sensitive costs recovered from the RTF for that area or
  160-5  areas.  In making this determination, the commission shall take
  160-6  into account the non-traffic sensitive costs incurred in the
  160-7  particular geographic area.  In the alternative, after a new
  160-8  applicant has completed its build-out plan required by Section
  160-9  3.2531 of this Act, the commission may reduce receipts for the RTF
 160-10  for a particular geographic area, even if basic local exchange
 160-11  telecommunications has not been completely deregulated, if the
 160-12  commission orders that the RTF receipt reduction is revenue neutral
 160-13  to the incumbent local exchange company involved.
 160-14        (j)  At the beginning of the fourth and fifth years following
 160-15  the price changes specified by Subsection (f) of this section, and
 160-16  in order to move services toward cost, on application of a local
 160-17  exchange company, the commission may restructure the rates of
 160-18  companies receiving funds from the RTF.  An increase in the
 160-19  revenues from the restructuring in the rates for local exchange
 160-20  service shall be used to reduce a company's receipts from the RTF.
 160-21  In calculating the amount of RTF reduction, a factor of 115 percent
 160-22  of the new revenue generated from a local exchange service increase
 160-23  shall be used.  The commission may not approve a basic local rate
 160-24  increase of more than 5 percent a year and the resulting rate may
 160-25  not exceed the nationwide average of rates for the same service.
 160-26        (k)  A revenue requirement showing is not required for a
 160-27  receipt of disbursements from the RTF.
  161-1        Sec. 3.611 <3.359>.  SEVERABILITY.  If this subtitle
  161-2  conflicts with another provision of this Act, this subtitle
  161-3  prevails.
  161-4          SUBTITLE N <I>.  AUTOMATIC DIAL ANNOUNCING DEVICES
  161-5        Sec. 3.651 <3.401>.  DEFINITIONS.  In this subtitle:
  161-6              (1)  "Automated dial announcing device" or "ADAD" means
  161-7  automated equipment used for telephone solicitation or collection
  161-8  that is capable:
  161-9                    (A)  of storing telephone numbers to be called or
 161-10  that has a random or sequential number generator capable of
 161-11  producing numbers to be called; and
 161-12                    (B)  alone or in conjunction with other
 161-13  equipment, of conveying a prerecorded or synthesized voice message
 161-14  to the number called without the use of a live operator.
 161-15              (2)  "LEC" means a local exchange company, as that term
 161-16  is defined by Section 3.002 <3.001> of this Act.
 161-17        Sec. 3.652 <3.402>.  EXEMPTIONS.  This subtitle does not
 161-18  apply to the use of an ADAD to make a telephone call:
 161-19              (1)  relating to an emergency or a public service under
 161-20  a program developed or approved by the emergency management
 161-21  coordinator of the county in which the call was received; or
 161-22              (2)  made by a public or private primary or secondary
 161-23  school system to locate or account for a truant student.
 161-24        Sec. 3.653 <3.403>.  REQUIREMENTS FOR OPERATION OF ADAD.
 161-25  (a)  A person may not operate an ADAD to make a telephone call if
 161-26  the device plays a recorded message when a connection is completed
 161-27  to a telephone number unless:
  162-1              (1)  the person has obtained a permit from the
  162-2  commission and given written notice specifying the type of device
  162-3  to each telecommunications utility over whose system the device is
  162-4  to be used;
  162-5              (2)  the device is not used for random number dialing
  162-6  or to dial numbers determined by successively increasing or
  162-7  decreasing integers;
  162-8              (3)  the message states during the first 30 seconds of
  162-9  the call the nature of the call, the identity of the person,
 162-10  company, or organization making the call, and the telephone number
 162-11  from which the call was made, provided, however, that if an ADAD is
 162-12  used for debt collection purposes and the use complies with
 162-13  applicable federal law and regulations, and the ADAD is used by a
 162-14  live operator for automatic dialing or hold announcement purposes,
 162-15  the use complies with this subdivision;
 162-16              (4)  the device disconnects from the called person's
 162-17  line not later than 30 seconds after the call is terminated by
 162-18  either party or, if the device cannot disconnect within that
 162-19  period, a live operator introduces the call and receives the oral
 162-20  consent of the called person before beginning a prerecorded or
 162-21  synthesized voice message; and
 162-22              (5)  for calls terminating in this state, the device is
 162-23  not used to make a call:
 162-24                    (A)  before noon or after 9 p.m. on a Sunday or
 162-25  before 9 a.m. or after 9 p.m. on a weekday or a Saturday, if the
 162-26  device is used for solicitation; or
 162-27                    (B)  at an hour at which collection calls would
  163-1  be prohibited under the federal Fair Debt Collection Practices Act
  163-2  (15 U.S.C. Section 1692 et seq.), if the device is used for
  163-3  collection purposes.
  163-4        (b)  In addition to the requirements prescribed by Subsection
  163-5  (a) of this section, if during the call a cross-promotion or
  163-6  reference to a pay-per-call information service is made, the call
  163-7  shall include:
  163-8              (1)  a statement that a charge will be incurred by a
  163-9  caller who makes a call to a pay-per-call information services
 163-10  telephone number;
 163-11              (2)  the amount of the flat-rate or cost-per-minute
 163-12  charge that will be incurred or the amount of both if both charges
 163-13  will be incurred; and
 163-14              (3)  the estimated amount of time required to receive
 163-15  the entire information offered by the service during a call.
 163-16        (c)  In this section, "pay-per-call information service"
 163-17  means a service that allows a caller to dial a specified "900" or
 163-18  "976" number to call a service that routinely delivers, for a
 163-19  predetermined and sometimes time-sensitive fee, a prerecorded or
 163-20  live message or interactive program.
 163-21        Sec. 3.654 <3.404>.  INVESTIGATION OF COMPLAINTS; VIOLATIONS;
 163-22  DISCONNECTION OF SERVICE.  (a)  The commission shall investigate
 163-23  complaints relating to the use of an ADAD and enforce this
 163-24  subtitle.
 163-25        (b)  If the commission or a court determines that a person
 163-26  has violated this subtitle, the commission or court shall require a
 163-27  telecommunications utility to disconnect service to the person.
  164-1  The telecommunications utility may reconnect service to the person
  164-2  only on a determination by the commission that the person will
  164-3  comply with this subtitle.  The utility shall give notice to the
  164-4  person using the device of its intent to disconnect service not
  164-5  later than the third day before the date of the disconnection,
  164-6  except that if the device is causing network congestion or
  164-7  blockage, the notice may be given on the day before the date of
  164-8  disconnection.
  164-9        (c)  A telecommunications utility may, without an order by
 164-10  the commission or a court, disconnect or refuse to connect service
 164-11  to a person using or intending to use an ADAD if the utility
 164-12  determines that the device would cause or is causing network harm.
 164-13        Sec. 3.655 <3.405>.  APPLICATION FOR PERMIT TO OPERATE ADAD.
 164-14  (a)  An application for a permit to use one or more ADADs must be
 164-15  made using the form prescribed by the commission and must be
 164-16  accompanied by a fee in a reasonable amount computed to cover the
 164-17  enforcement cost to the commission, but not to exceed $500, as
 164-18  determined by the commission.  A permit is valid for one year after
 164-19  its effective date.  Subject to Subsection (c) of this section, a
 164-20  permit may be renewed annually by making the filing required by
 164-21  this section and paying a filing fee of not more than $100, as
 164-22  determined by the commission.  The proceeds of the fees shall be
 164-23  deposited to the credit of the general revenue fund.
 164-24        (b)  Each application for the issuance or renewal of a permit
 164-25  under this section must contain the telephone number of each ADAD
 164-26  that will be used and the physical address from which the ADAD will
 164-27  operate.  If the telephone number of an ADAD or the physical
  165-1  address from which the ADAD operates changes, the owner or operator
  165-2  of the ADAD shall notify the commission by certified mail of each
  165-3  new number or address not later than the 48th hour before the hour
  165-4  at which the ADAD will begin operating with the new telephone
  165-5  number or at the new address.  If the owner or operator of an ADAD
  165-6  fails to notify the commission as required by this subsection
  165-7  within the period prescribed by this subsection, the permit is
  165-8  automatically invalid.
  165-9        (c)  In determining if a permit should be issued or renewed,
 165-10  the commission shall consider the compliance record of the owner or
 165-11  operator of the ADAD.  The commission may deny an application for
 165-12  the issuance or renewal of a permit because of the applicant's
 165-13  compliance record.
 165-14        (d)  The commission shall provide to an LEC on request a copy
 165-15  of a permit issued under this section and of any changes relating
 165-16  to the permit.
 165-17        (e)  An LEC that receives a complaint relating to the use of
 165-18  an ADAD shall send the complaint to the commission.  The commission
 165-19  by rule shall prescribe the procedures and requirements for sending
 165-20  a complaint to the commission.
 165-21        Sec. 3.656 <3.406>.  VIOLATIONS; PENALTIES.  (a)  A person
 165-22  who owns or operates an ADAD and who operates the ADAD without a
 165-23  valid permit or with an expired permit or who operates the ADAD in
 165-24  violation of this subtitle or a commission rule or order is subject
 165-25  to an administrative penalty of not more than $1,000 for each day
 165-26  or portion of a day during which the ADAD was operating in
 165-27  violation of this section.
  166-1        (b)  The administrative penalty authorized by this section is
  166-2  civil in nature and is cumulative of any other penalty provided by
  166-3  law.
  166-4        (c)  The commission by rule shall prescribe the procedures
  166-5  for assessing an administrative penalty under this section.  The
  166-6  procedures shall require proper notice and hearing in accordance
  166-7  with Chapter 2001, Government Code.
  166-8        (d)  A person may appeal the final order of the commission
  166-9  under Chapter 2001, Government Code, using the substantial evidence
 166-10  rule on appeal.
 166-11        (e)  The proceeds of administrative penalties collected under
 166-12  this section shall be deposited to the credit of the general
 166-13  revenue fund.
 166-14        Sec. 3.657 <3.407>.  REVOCATION OF PERMIT; OFFENSES.
 166-15  (a)  The commission may revoke a permit issued under this subtitle
 166-16  for failure to comply with this subtitle.
 166-17        (b)  A person commits an offense if the person owns or
 166-18  operates an ADAD that the person knows is operating in violation of
 166-19  this subtitle.  An offense under this subsection is a Class A
 166-20  misdemeanor.
 166-21        Sec. 3.658 <3.408>.  RULEMAKING AUTHORITY.  The commission
 166-22  may adopt any rules necessary to carry out its powers and duties
 166-23  under this subtitle.
 166-24        Sec. 3.659 <3.409>.  COMPLIANCE WITH CONSUMERS' REQUESTS NOT
 166-25  TO BE CALLED.  Every telephone solicitor operating in this state
 166-26  who makes consumer telephone calls subject to Section 37.02 of the
 166-27  Business & Commerce Code shall implement in-house systems and
  167-1  procedures so that every effort is made not to call consumers who
  167-2  ask not to be called again.  The commission is granted all
  167-3  necessary power and authority to enforce the provisions of this
  167-4  section.
  167-5        Sec. 3.660 <3.410>.  NOTICE TO CONSUMER OF PROVISIONS OF
  167-6  CHAPTER 37 OF THE BUSINESS & COMMERCE CODE AND SECTION 3.659
  167-7  <3.409>.  The commission by rule shall require that a local
  167-8  exchange company or telephone cooperative inform its customers of
  167-9  the provisions of Chapter 37 of the Business & Commerce Code and
 167-10  Section 3.659 <3.409> of this Act by:
 167-11              (1)  inserting the notice annually in the billing
 167-12  statement mailed to a customer; or
 167-13              (2)  publishing the notice in the consumer information
 167-14  pages of its local telephone directory.
 167-15        SECTION 42.  (a)  Subchapter D, Chapter 74, Property Code, is
 167-16  amended by adding Section 74.3011 to read as follows:
 167-17        Sec. 74.3011.  DELIVERY OF MONEY TO RURAL SCHOLARSHIP FUND.
 167-18  (a)  Notwithstanding and in addition to any other provision of this
 167-19  chapter or other law, a local telephone exchange company may
 167-20  deliver reported money to a scholarship fund for rural students
 167-21  instead of delivering the money to the state treasurer as
 167-22  prescribed by Section 74.301.
 167-23        (b)  A local telephone exchange company may deliver the money
 167-24  under this section only to a scholarship fund established by one or
 167-25  more local telephone exchange companies in this state to enable
 167-26  needy students from rural areas to attend college, technical
 167-27  school, or another postsecondary educational institution.
  168-1        (c)  A local telephone exchange company shall file with the
  168-2  state treasurer a verification of money delivered under this
  168-3  section that complies with Section 74.302.
  168-4        (d)  A claim for money delivered to a scholarship fund under
  168-5  this section must be filed with the local telephone exchange
  168-6  company that delivered the money.  The local telephone exchange
  168-7  company shall forward the claim to the administrator of the
  168-8  scholarship fund to which the money was delivered.  The scholarship
  168-9  fund shall pay the claim if the fund determines in good faith that
 168-10  the claim is valid.  A person aggrieved by a claim decision may
 168-11  file a suit against the fund in a district court in the county in
 168-12  which the administrator of the scholarship fund is located in
 168-13  accordance with Section 74.506.
 168-14        (e)  The state treasurer shall prescribe forms and procedures
 168-15  governing this section, including forms and procedures relating to:
 168-16              (1)  notice of presumed abandoned property;
 168-17              (2)  delivery of reported money to a scholarship fund;
 168-18  and
 168-19              (3)  filing of a claim.
 168-20        (f)  In this section, "local telephone exchange company"
 168-21  means a telecommunications utility certificated to provide local
 168-22  exchange service within the state and that is a telephone
 168-23  cooperative or has fewer than 50,000 access lines in service in
 168-24  this state.
 168-25        (b)  Section 74.3011, Property Code, as added by this Act,
 168-26  applies only to money that a local telephone exchange company would
 168-27  otherwise be required to deliver to the state treasurer on or after
  169-1  the effective date of this Act.  Money that was required to be
  169-2  delivered to the state treasurer before the effective date of this
  169-3  Act is governed by the law in effect when the money was required to
  169-4  be delivered, and that law is continued in effect for that purpose.
  169-5        SECTION 43.  As soon as possible after the effective date of
  169-6  this Act, the governor and lieutenant governor shall appoint the
  169-7  members of the Telecommunications Infrastructure Fund Board created
  169-8  by Section 3.606, Public Utility Regulatory Act of 1995, as enacted
  169-9  by S.B. 319, Acts of the 74th Legislature, Regular Session, 1995,
 169-10  as added by this Act.  The governor shall appoint two members with
 169-11  terms expiring on August 31, 1997, two members with terms expiring
 169-12  on August 31, 1999, and two members with terms expiring on August
 169-13  31, 2001.  The terms of the members appointed from the list
 169-14  provided by the speaker of the house of representatives must be
 169-15  staggered so that the terms of one-third of those appointees expire
 169-16  every odd-numbered year.  The lieutenant governor shall appoint one
 169-17  member with a term expiring on August 31, 1997, one member with a
 169-18  term expiring on August 31, 1999, and one member with a term
 169-19  expiring on August 31, 2001.
 169-20        SECTION 44.  All laws or parts of laws in conflict with this
 169-21  Act are repealed effective September 1, 1995.
 169-22        SECTION 45.  (a)  This Act takes effect September 1, 1995.
 169-23        (b)  Section 3.2555, Public Utility Regulatory Act of 1995,
 169-24  as enacted by S.B. 319, Acts of the 74th Legislature, Regular
 169-25  Session, 1995, as added by this Act, applies only to a franchise or
 169-26  contract entered into or amended on or after September 1, 1995.  A
 169-27  franchise or contract entered into before September 1, 1995, and
  170-1  not amended on or after that date is governed by the law in effect
  170-2  when the contract was entered into or last amended, and that law is
  170-3  continued in effect for that purpose.
  170-4        (c)  Section 3.304(a)(3)(A)(i), Public Utility Regulatory Act
  170-5  of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  170-6  Regular Session, 1995, as amended by this Act, applies only to a
  170-7  petition filed on or after April 15, 1995. A petition filed before
  170-8  April 15, 1995, is governed by the law in effect when the petition
  170-9  was filed, and that law is continued in effect for that purpose.
 170-10        SECTION 46.  The importance of this legislation and the
 170-11  crowded condition of the calendars in both houses create an
 170-12  emergency and an imperative public necessity that the
 170-13  constitutional rule requiring bills to be read on three several
 170-14  days in each house be suspended, and this rule is hereby suspended.