1-1        By:  Seidlits, Moffat, et al.                   H.B. No. 2128
    1-2       (Senate Sponsor - Sibley)
    1-3        (In the Senate - Received from the House April 20, 1995;
    1-4  April 21, 1995, read first time and referred to Committee on
    1-5  Economic Development; May 10, 1995, reported adversely, with
    1-6  favorable Committee Substitute by the following vote:  Yeas 11,
    1-7  Nays 0; May 10, 1995, sent to printer.)
    1-8  COMMITTEE SUBSTITUTE FOR H.B. No. 2128                  By:  Sibley
    1-9                         A BILL TO BE ENTITLED
   1-10                                AN ACT
   1-11  relating to the regulation of telecommunications utilities, to the
   1-12  provision of telecommunications and related services, and to the
   1-13  continuation of the Public Utility Commission of Texas.
   1-14        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-15        SECTION 1.  Section 1.002, Public Utility Regulatory Act of
   1-16  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   1-17  Session, 1995, is amended to read as follows:
   1-18        Sec. 1.002.  LEGISLATIVE POLICY AND PURPOSE.  This Act is
   1-19  enacted to protect the public interest inherent in the rates and
   1-20  services of public utilities.  The legislature finds that
   1-21  traditionally public utilities are by definition monopolies in the
   1-22  areas they serve; that therefore the normal forces of competition
   1-23  which operate to regulate prices in a free enterprise society do
   1-24  not operate; and that therefore utility rates, operations, and
   1-25  services are regulated by public agencies with the objective that
   1-26  this regulation shall operate as a substitute for competition.  The
   1-27  purpose of this Act is to establish a comprehensive regulatory
   1-28  system which is adequate to the task of regulating public utilities
   1-29  as defined by this Act, to assure rates, operations, and services
   1-30  which are just and reasonable to the consumers and to the
   1-31  utilities.
   1-32        SECTION 2.  Section 1.003(14), Public Utility Regulatory Act
   1-33  of 1995, as enacted by S.B.  319, Acts of the 74th Legislature,
   1-34  Regular Session, 1995, is amended to read as follows:
   1-35              (14)  "Rate" means and includes every compensation,
   1-36  tariff, charge, fare, toll, rental, and classification, or any of
   1-37  them demanded, observed, charged, or collected whether directly or
   1-38  indirectly by any public utility for any service, product, or
   1-39  commodity described in the definition of "utility" in Section 2.001
   1-40  or 3.002 <3.001> of this Act and any rules, regulations, practices,
   1-41  or contracts affecting any such compensation, tariff, charge, fare,
   1-42  toll, rental, or classification.
   1-43        SECTION 3.  Section 1.004, Public Utility Regulatory Act of
   1-44  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   1-45  Session, 1995, is amended to read as follows:
   1-46        Sec. 1.004.  DEFINITIONS IN TITLE.  In this title, "public
   1-47  utility" or "utility" has the meaning assigned by Section 2.001 or
   1-48  3.002 <3.001> of this Act.
   1-49        SECTION 4.  Section 1.022, Public Utility Regulatory Act of
   1-50  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   1-51  Session, 1995, is amended to read as follows:
   1-52        Sec. 1.022.  SUNSET PROVISION.  The Public Utility Commission
   1-53  of Texas and the Office of Public Utility Counsel are subject to
   1-54  Chapter 325, Government Code (Texas Sunset Act).  Unless continued
   1-55  in existence as provided by that chapter, the commission and the
   1-56  office are abolished and this Act expires September 1, 2001 <1995>.
   1-57        SECTION 5.  Section 1.353, Public Utility Regulatory Act of
   1-58  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   1-59  Session, 1995, is amended to read as follows:
   1-60        Sec. 1.353.  PAYMENT OF ASSESSMENTS.  (a)  For the
   1-61  assessments covered by this section, assessments are due as
   1-62  provided by this section notwithstanding Section 1.352 of this Act,
   1-63  based on a public utility's estimate of its gross receipts.
   1-64        (b)  For the assessment due August 15, 1995, 50 percent of
   1-65  the assessment must be paid by August 15, 1994, and 50 percent must
   1-66  be paid by February 15, 1995.
   1-67        (c)  For the assessment due August 15, 1996, 50 percent of
   1-68  the assessment must be paid by August 15, 1995, and 50 percent must
    2-1  be paid by February 15, 1996.
    2-2        (d)  For the assessment due August 15, 1997, 50 percent of
    2-3  the assessment must be paid by August 15, 1996, and 50 percent must
    2-4  be paid by February <the remainder must be paid by August> 15,
    2-5  1997.
    2-6        (e)  For the assessment due August 15, 1998, 50 percent of
    2-7  the assessment must be paid by August 15, 1997, and the remainder
    2-8  must be paid by August 15, 1998.
    2-9        (f)  Any assessment amounts underpaid on assessments due on
   2-10  August 15, 1995, <or> August 15, 1996, or August 15, 1997, must be
   2-11  paid by those respective dates.  Any assessment amounts overpaid
   2-12  shall be credited against following assessments.
   2-13        (g) <(f)>  This section expires September 1, 1998 <1997>.
   2-14        SECTION 6.  Subtitle A, Title III, Public Utility Regulatory
   2-15  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   2-16  Regular Session, 1995, is amended to read as follows:
   2-17                    SUBTITLE A.  GENERAL PROVISIONS
   2-18        Sec. 3.001.  POLICY.  The legislature finds that significant
   2-19  changes have occurred in telecommunications since this Act was
   2-20  initially adopted.  The legislature hereby finds that it is the
   2-21  policy of this state to promote diversity of providers and
   2-22  interconnectivity and to encourage a fully competitive
   2-23  telecommunications marketplace while protecting and maintaining the
   2-24  wide availability of high quality, interoperable, standards-based
   2-25  telecommunications services at affordable rates.  These goals are
   2-26  best achieved by legislation that brings telecommunications
   2-27  regulation into the modern era by guaranteeing the affordability of
   2-28  basic telephone service in a competitively neutral manner, while
   2-29  fostering free market competition within the telecommunications
   2-30  industry.  The legislature further finds that the technological
   2-31  advancements, advanced telecommunications infrastructure, and
   2-32  increased customer choices for telecommunications services
   2-33  generated by a truly competitive market will raise the living
   2-34  standards of all Texans by enhancing economic development and
   2-35  improving the delivery of education, health, and other public and
   2-36  private services and therefore play a critical role in Texas'
   2-37  economic future.  It is the policy of this state to require the
   2-38  commission to do those things necessary to enhance the development
   2-39  of competition by adjusting regulation to match the degree of
   2-40  competition in the marketplace, thereby reducing the cost and
   2-41  burden of regulation and maintaining protection of markets that are
   2-42  not competitive.  It is further the policy of this state to ensure
   2-43  that high quality telecommunications services are available,
   2-44  accessible, and usable by individuals with disabilities, unless
   2-45  making the services available, accessible, or usable would result
   2-46  in an undue burden, including unreasonable cost or technical
   2-47  feasibility, or would have an adverse competitive effect.  However,
   2-48  the legislature recognizes that the strength of competitive forces
   2-49  vary widely between markets and products and services.  Therefore,
   2-50  to foster, encourage, and accelerate the continuing development and
   2-51  emergence of a competitive and advanced  telecommunications
   2-52  environment and infrastructure, the legislature declares that new
   2-53  rules, policies, and principles be formulated and applied to
   2-54  protect the public interest.
   2-55        Sec. 3.002.  DEFINITIONS.  In this title:
   2-56              (1)  "Basic local telecommunications service" means:
   2-57                    (A)  flat rate residential and business local
   2-58  exchange telephone service, including primary directory listings;
   2-59                    (B)  tone dialing service;
   2-60                    (C)  access to operator services;
   2-61                    (D)  access to directory assistance services;
   2-62                    (E)  access to 911 service where provided by a
   2-63  local authority or dual party relay service;
   2-64                    (F)  the ability to report service problems seven
   2-65  days a week;
   2-66                    (G)  lifeline and tel-assistance services; and
   2-67                    (H)  any other service the commission, after a
   2-68  hearing, determines should be included in basic local
   2-69  telecommunications service.
   2-70              (2)  "Dominant carrier" means:
    3-1                    (A)  a provider of any particular communication
    3-2  service which is provided in whole or in part over a telephone
    3-3  system who as to such service has sufficient market power in a
    3-4  telecommunications market as determined by the commission to enable
    3-5  such provider to control prices in a manner adverse to the public
    3-6  interest for such service in such market; <and>
    3-7                    (B)  any provider who provided <of> local
    3-8  exchange telephone service within a certificated exchange area on
    3-9  September 1, 1995, as to such service and as to any other service
   3-10  for which a competitive alternative is not available in a
   3-11  particular geographic market; and
   3-12                    (C)  any provider of local exchange telephone
   3-13  service within a certificated exchange area as to intraLATA long
   3-14  distance message telecommunications service originated by dialing
   3-15  the access code "1+" so long as the use of that code for the
   3-16  origination of "1+" intraLATA calls within its certificated
   3-17  exchange area is exclusive to that provider.  A telecommunications
   3-18  market shall be statewide until January 1, 1985.  After this date
   3-19  the commission may, if it determines that the public interest will
   3-20  be served, establish separate markets within the state.  The <Prior
   3-21  to January 1, 1985, the> commission shall hold such hearings and
   3-22  require such evidence as is necessary to carry out the public
   3-23  purpose of this Act and to determine the need and effect of
   3-24  establishing separate markets.  Any such provider determined to be
   3-25  a dominant carrier as to a particular telecommunications service in
   3-26  a market may not be presumed to be a dominant carrier of a
   3-27  different telecommunications service in that market.  The term does
   3-28  not include an interexchange carrier that is not a certificated
   3-29  local exchange company, with respect to interexchange services.
   3-30              (3)  "Incumbent local exchange company" means a local
   3-31  exchange company that has a certificate of convenience and
   3-32  necessity on September 1, 1995.
   3-33              (4)  "Least cost technology" means the technology, or
   3-34  mix of technologies, that would be chosen in the long run as the
   3-35  most economically efficient choice, provided that the choice of
   3-36  least cost technologies is:
   3-37                    (A)  restricted to technologies that are
   3-38  currently available on the market and for which vendor prices can
   3-39  be obtained;
   3-40                    (B)  consistent with the level of output
   3-41  necessary to satisfy current demand levels for all services using
   3-42  the basic network function in question; and
   3-43                    (C)  consistent with overall network design and
   3-44  topology requirements.
   3-45              (5) <(2)>  "Local exchange company" means a
   3-46  telecommunications utility that has been granted either a
   3-47  certificate of convenience and necessity or a certificate of
   3-48  operating authority <certificated> to provide local exchange
   3-49  telephone service, basic local telecommunications service, or
   3-50  switched access service within the state.
   3-51              (6)  "Local exchange telephone service" means
   3-52  telecommunications service provided within an exchange to establish
   3-53  connections between customer premises within the exchange,
   3-54  including connections between a customer premises and a long
   3-55  distance provider serving the exchange.  The term includes tone
   3-56  dialing, service connection charges, and directory assistance
   3-57  services when offered in connection with basic local
   3-58  telecommunications service and interconnection with other service
   3-59  providers.  The term does not include the following services,
   3-60  whether offered on an intraexchange or interexchange basis:
   3-61                    (A)  central office based PBX-type services for
   3-62  systems of 75 stations or more;
   3-63                    (B)  billing and collection services;
   3-64                    (C)  high-speed private line services of 1.544
   3-65  megabits or greater;
   3-66                    (D)  customized services;
   3-67                    (E)  private line and virtual private line
   3-68  services;
   3-69                    (F)  resold or shared local exchange telephone
   3-70  services if permitted by tariff;
    4-1                    (G)  dark fiber services;
    4-2                    (H)  non-voice data transmission service when
    4-3  offered as a separate service and not as a component of basic local
    4-4  telecommunications service;
    4-5                    (I)  dedicated or virtually dedicated access
    4-6  services; and
    4-7                    (J)  any other service the commission declares is
    4-8  not a "local exchange telephone service."
    4-9              (7)  "Long run incremental cost" or "LRIC" has the
   4-10  meaning assigned by the commission in 16 T.A.C. Section 23.91.
   4-11              (8)  "Pricing flexibility" includes customer specific
   4-12  contracts, volume, term, and discount pricing, zone density
   4-13  pricing, packaging of services, and other promotional pricing
   4-14  flexibility.  Discounts and other forms of pricing flexibility may
   4-15  not be preferential, prejudicial, or discriminatory.
   4-16              (9) <(3)>  "Public utility" or "utility" means any
   4-17  person, corporation, river authority, cooperative corporation, or
   4-18  any combination thereof, other than a municipal corporation, or
   4-19  their lessees, trustees, and receivers, now or hereafter owning or
   4-20  operating for compensation in this state equipment or facilities
   4-21  for the conveyance, transmission, or reception of communications
   4-22  over a telephone system as a dominant carrier (hereinafter
   4-23  "telecommunications utility").   A person or  corporation not
   4-24  otherwise a public utility within the meaning of this Act may not
   4-25  be deemed such solely because of the furnishing or furnishing and
   4-26  maintenance of a private system or the manufacture, distribution,
   4-27  installation, or maintenance of customer premise communications
   4-28  equipment and accessories.  Except as provided by Sections 3.606
   4-29  and 3.608 of this Act, nothing <Nothing> in this Act shall be
   4-30  construed to apply to companies whose only form of business is
   4-31  being telecommunications managers, companies that administer
   4-32  central office based or customer based PBX-type sharing/resale
   4-33  arrangements as their only form of business, telegraph services,
   4-34  television stations, radio stations, community antenna television
   4-35  services, <or> radio-telephone services that may be authorized
   4-36  under the Public Mobile Radio Services rules of the Federal
   4-37  Communications Commission, or commercial mobile service providers,
   4-38  under Sections 153(n) and 332(d), Communications Act of 1934 (47
   4-39  U.S.C. Section 151 et seq.), Federal Communications Commission
   4-40  rules, and the Omnibus Budget Reconciliation Act of 1993, other
   4-41  than such radio-telephone services provided by wire-line telephone
   4-42  companies under the Domestic Public Land Mobile Radio Service and
   4-43  Rural Radio Service rules of the Federal Communications Commission.
   4-44  Interexchange telecommunications carriers (including resellers of
   4-45  interexchange telecommunications services), specialized
   4-46  communications common carriers, other resellers of communications,
   4-47  other communications carriers who convey, transmit, or receive
   4-48  communications in whole or in part over a telephone system, <and>
   4-49  providers of operator services as defined in Section 3.052(a) of
   4-50  this Act (except that subscribers to customer-owned pay telephone
   4-51  service may not be deemed to be telecommunications utilities), and
   4-52  separated affiliate and electronic publishing joint ventures as
   4-53  defined by Subtitle L of this title are also telecommunications
   4-54  utilities, but the commission's regulatory authority as to them is
   4-55  only as hereinafter defined.  The term "public utility" or
   4-56  "utility" does not include any person or corporation not otherwise
   4-57  a public utility that furnishes the services or commodity described
   4-58  in this section only to itself, its employees, or its tenants as an
   4-59  incident of such employee service or tenancy, when such service or
   4-60  commodity is not resold to or used by others.
   4-61              (10) <(4)>  "Separation" means the division of plant,
   4-62  revenues, expenses, taxes, and reserves, applicable to exchange or
   4-63  local service where such items are used in common for providing
   4-64  public utility service to both local exchange telephone service and
   4-65  other service, such as interstate or intrastate toll service.
   4-66              (11)  "Telecommunications provider" means a
   4-67  certificated telecommunications utility, a shared tenant service
   4-68  provider, a nondominant carrier of telecommunications services,
   4-69  provider of radio-telephone service authorized under the Commercial
   4-70  Mobile Service under Sections 153(n) and 332(d), Communications Act
    5-1  of 1934 (47 U.S.C. Section 151 et seq.), Federal Communications
    5-2  Commission rules, and the Omnibus Budget Reconciliation Act of
    5-3  1993, a telecommunications entity that provides central office
    5-4  based PBX-type sharing or resale arrangements, an interexchange
    5-5  telecommunications carrier, a specialized common carrier, a
    5-6  reseller of communications, a provider of operator services, a
    5-7  provider of customer-owned pay telephone service, and other persons
    5-8  or entities that the commission may from time to time find provide
    5-9  telecommunications services to customers in this state.  The term
   5-10  does not include a provider of enhanced or information services, or
   5-11  another user of telecommunications services, who does not also
   5-12  provide telecommunications services or any state agency or state
   5-13  institution of higher education, or any service provided by any
   5-14  state agency or state institution of higher education.
   5-15              (12)  "Tier 1 local exchange company" means a Tier 1
   5-16  local exchange company as defined by the Federal Communications
   5-17  Commission.
   5-18        SECTION 7.  Section 3.051, Public Utility Regulatory Act of
   5-19  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   5-20  Session, 1995, is amended by amending Subsections (a), (c)-(f),
   5-21  (j), and (l)-(q) and adding Subsections (r) and (s) to read as
   5-22  follows:
   5-23        (a)  It is the policy of this state to protect the public
   5-24  interest in having adequate and efficient telecommunications
   5-25  service available to all citizens of the state at just, fair, and
   5-26  reasonable rates.  The legislature finds that the
   5-27  telecommunications industry through technical advancements, federal
   5-28  legislative, judicial, and administrative actions, and the
   5-29  formulation of new telecommunications enterprises has become and
   5-30  will continue to be in many and growing areas a competitive
   5-31  industry which does not lend itself to traditional public utility
   5-32  regulatory rules, policies, and principles and that, therefore, the
   5-33  public interest requires that new rules, policies, and principles
   5-34  be formulated and applied to protect the public interest and to
   5-35  provide equal opportunity to all telecommunications utilities in a
   5-36  competitive marketplace.  It is the purpose of this section to
   5-37  grant to the commission the authority and the power under this Act
   5-38  to carry out the public policy herein stated.
   5-39        (c)  Except as provided by Subsections (l), <and> (m), and
   5-40  (s) of this section and Section 3.052 of this Act, the commission
   5-41  shall only have the following jurisdiction over all
   5-42  telecommunications utilities who are not dominant carriers:
   5-43              (1)  to require registration as provided in Subsection
   5-44  (d) of this section;
   5-45              (2)  to conduct such investigations as are necessary to
   5-46  determine the existence, impact, and scope of competition in the
   5-47  telecommunications industry, including identifying dominant
   5-48  carriers in the local telecommunications <exchange> and intralata
   5-49  interexchange telecommunications industry and defining the
   5-50  telecommunications market or markets, and in connection therewith
   5-51  may call and hold hearings, issue subpoenas to compel the
   5-52  attendance of witnesses and the production of papers and documents,
   5-53  and make findings of fact and decisions with respect to
   5-54  administering the provisions of this Act or the rules, orders, and
   5-55  other actions of the commission;
   5-56              (3)  to require the filing of such reports as the
   5-57  commission may direct from time to time;
   5-58              (4)  to require the maintenance of statewide average
   5-59  rates or prices of telecommunications service;
   5-60              (5)  to require that every local exchange area have
   5-61  access to local and interexchange telecommunications service,
   5-62  except that a <an interexchange> telecommunications utility
   5-63  <carrier> must be allowed to discontinue service to a local
   5-64  exchange area if comparable service is available in the area and
   5-65  the discontinuance is not contrary to the public interest; this
   5-66  section does not authorize the commission to require a <an
   5-67  interexchange> telecommunications utility <carrier> that has not
   5-68  provided services to a local exchange area during the previous 12
   5-69  months and that has never provided services to that same local
   5-70  exchange area for a cumulative period of one year at any time in
    6-1  the past to initiate services to that local exchange area; and
    6-2              (6)  to require the quality of <interexchange>
    6-3  telecommunications service provided in each exchange to be adequate
    6-4  to protect the public interest and the interests of customers of
    6-5  that exchange if the commission determines that service to a local
    6-6  exchange has deteriorated to the point that <long distance> service
    6-7  is not reliable.
    6-8        (d)  All providers of communications service described in
    6-9  Subsection (c) of this section who commence such service to the
   6-10  public shall register with the commission within 30 days of
   6-11  commencing service.  Such registration shall be accomplished by
   6-12  filing with the commission a description of the location and type
   6-13  of service provided, the price <cost> to the public of such
   6-14  service, and such other registration information as the commission
   6-15  may direct.  Notwithstanding any other provision of this Act, an
   6-16  interexchange telecommunications utility <carrier> doing business
   6-17  in this state shall continue to maintain on file with the
   6-18  commission tariffs or lists governing the terms of providing its
   6-19  services.
   6-20        (e)(1)  For the purpose of carrying out the public policy
   6-21  stated in Subsection (a) of this section and any other section of
   6-22  this Act notwithstanding, the commission is granted all necessary
   6-23  power and authority under this Act to promulgate rules and
   6-24  establish procedures applicable to incumbent local exchange
   6-25  companies for determining the level of competition in specific
   6-26  telecommunications markets and submarkets and providing appropriate
   6-27  regulatory treatment to allow incumbent local exchange companies to
   6-28  respond to significant competitive challenges.  Nothing in this
   6-29  section is intended to change the burden of proof of the incumbent
   6-30  local exchange company under Sections 3.202, 3.203, 3.204, 3.205,
   6-31  3.206, 3.207, and 3.208 of this Act.
   6-32              (2)  In determining the level of competition in a
   6-33  specific market or submarket, the commission shall hold an
   6-34  evidentiary hearing to consider the following:
   6-35                    (A)  the number and size of telecommunications
   6-36  utilities or other persons providing the same, equivalent, or
   6-37  substitutable service;
   6-38                    (B)  the extent to which the same, equivalent, or
   6-39  substitutable service is available;
   6-40                    (C)  the ability of customers to obtain the same,
   6-41  equivalent, or substitutable services at comparable rates, terms,
   6-42  and conditions;
   6-43                    (D)  the ability of telecommunications utilities
   6-44  or other persons to make the same, equivalent, or substitutable
   6-45  service readily available at comparable rates, terms, and
   6-46  conditions;
   6-47                    (E)  the existence of any significant barrier to
   6-48  the entry or exit of a provider of the service; and
   6-49                    (F)  other relevant information deemed
   6-50  appropriate.
   6-51              (3)  The regulatory treatments which the commission may
   6-52  implement include but are not limited to:
   6-53                    (A)  approval of a range of rates for a specific
   6-54  service;
   6-55                    (B)  approval of customer-specific contracts for
   6-56  a specific service; provided, however, that the commission shall
   6-57  approve a contract to provide central office based PBX-type
   6-58  services for systems of 200 stations or more, billing and
   6-59  collection services, high-speed private line services of 1.544
   6-60  megabits or greater, and customized services, provided that the
   6-61  contract is filed at least 30 days before initiation of the service
   6-62  contracted for; that the contract is accompanied with an affidavit
   6-63  from the person or entity contracting for the telecommunications
   6-64  service stating that he considered the acquisition of the same,
   6-65  equivalent, or substitutable services by bid or quotation from a
   6-66  source other than the incumbent local exchange company; that the
   6-67  incumbent local exchange company is recovering the appropriate
   6-68  costs of providing the services; and that approval of the contract
   6-69  is in the public interest; the contract shall be approved or denied
   6-70  within 30 days after filing, unless the commission for good cause
    7-1  extends the effective date for an additional 35 days; and
    7-2                    (C)  the detariffing of rates.
    7-3        (f)  Moreover, in order to encourage the rapid introduction
    7-4  of new or experimental services or promotional rates, the
    7-5  commission shall promulgate rules and establish procedures which
    7-6  allow the expedited introduction of, the establishment and
    7-7  adjustment of rates for, and the withdrawal of such services,
    7-8  including requests for such services made to the commission by the
    7-9  governing body of a municipality served by an incumbent <a> local
   7-10  exchange company having more than 500,000 access lines throughout
   7-11  the state.  Rates established or adjusted at the request of a
   7-12  municipality may not result in higher rates for ratepayers outside
   7-13  the boundaries of the municipality and may not include any rates
   7-14  for incumbent local exchange company interexchange services or
   7-15  interexchange carrier access service.
   7-16        (j)  Subsections (e) and (f) of this section are not
   7-17  applicable to basic local telecommunications <exchange> service,
   7-18  including local measured service.  Paragraph (B) of Subdivision (3)
   7-19  of Subsection (e) of this section is not applicable to message
   7-20  telecommunications services, switched access services for
   7-21  interexchange carriers, or wide area telecommunications service.
   7-22  An incumbent <A> local exchange company may not price similar
   7-23  services provided pursuant to contracts under Paragraph (B) of
   7-24  Subdivision (3) of Subsection (e) of this section in an
   7-25  unreasonably discriminatory manner.  For purposes of this section,
   7-26  similar services shall be defined as those services which are
   7-27  provided at or near the same point in time, which have the same
   7-28  characteristics, and which are provided under the same or similar
   7-29  circumstances.
   7-30        (l)  Notwithstanding any other provision of this Act, the
   7-31  commission may enter such orders as may be necessary to protect the
   7-32  public interest, including the imposition on any specific service
   7-33  or services of its full regulatory authority under this subtitle,
   7-34  Subtitles C through F of this title, and Subtitles D through I of
   7-35  Title I of this Act, but not Subtitles H and I of this title, if
   7-36  the commission upon complaint from another interexchange
   7-37  telecommunications utility <carrier> finds by a preponderance of
   7-38  the evidence upon notice and hearing that an interexchange
   7-39  telecommunications utility <carrier> has engaged in predatory
   7-40  pricing or attempted to engage in predatory pricing.
   7-41        (m)  Notwithstanding any other provision of this Act, the
   7-42  commission may enter such orders as may be necessary to protect the
   7-43  public interest if the commission finds upon notice and hearing
   7-44  that an interexchange telecommunications utility <carrier> has:
   7-45              (1)  failed to maintain statewide average rates;
   7-46              (2)  abandoned interexchange message telecommunications
   7-47  service to a local exchange area in a manner contrary to the public
   7-48  interest; or
   7-49              (3)  engaged in a pattern of preferential or
   7-50  discriminatory activities prohibited by Sections <3.213 and> 3.215
   7-51  and 3.217 of this Act, except that nothing in this Act shall
   7-52  prohibit volume discounts or other discounts based on reasonable
   7-53  business purposes.
   7-54        (n)  In any proceeding before the commission alleging conduct
   7-55  or activities by an interexchange telecommunications utility
   7-56  <carrier> against another interexchange telecommunications utility
   7-57  <carrier> in contravention of Subsections (l), (m), and (o) of this
   7-58  section, the burden of proof shall be upon the complaining
   7-59  interexchange telecommunications utility <carrier>; however, in
   7-60  such proceedings brought by customers or their representatives who
   7-61  are not themselves interexchange telecommunications utilities
   7-62  <carriers> or in such proceedings initiated by the commission, the
   7-63  burden of proof shall be upon the respondent interexchange
   7-64  telecommunications utility <carrier>.  However, if the commission
   7-65  finds it to be in the public interest, the commission may impose
   7-66  the burden of proof in such proceedings on the complaining party.
   7-67        (o)  The commission shall have the authority to require that
   7-68  a service provided by an interexchange telecommunications utility
   7-69  <carrier described in Subsection (c) of this section> be made
   7-70  available in an exchange served by the utility <carrier> within a
    8-1  reasonable time after receipt of a bona fide request for such
    8-2  service in that exchange, subject to the ability of the local
    8-3  exchange company to provide the required access or other service.
    8-4  A utility <carrier> may not be required to extend a service to an
    8-5  area if provision of that service would impose, after consideration
    8-6  of the public interest to be served, unreasonable costs upon or
    8-7  require unreasonable investments by the interexchange
    8-8  telecommunications utility <carrier>.  The commission may require
    8-9  such information from interexchange utilities <carriers> and local
   8-10  exchange companies <carriers> as may be necessary to enforce this
   8-11  provision.
   8-12        (p)  The commission may exempt from any requirement of this
   8-13  section an interexchange telecommunications utility <carrier> that
   8-14  the commission determines does not have a significant effect on the
   8-15  public interest, and it may exempt any interexchange
   8-16  telecommunications utility <carrier> which solely relies on the
   8-17  facilities of others to complete long distance calls if the
   8-18  commission deems this action to be in the public interest.
   8-19        (q)  Requirements imposed by Subsections (c), (d), (k),
   8-20  <(l),> (m), (n), (o), and (p) of this section on an interexchange
   8-21  telecommunications utility <carrier> shall apply to nondominant
   8-22  carriers and shall constitute the minimum requirements to be
   8-23  imposed by the commission for any dominant carrier.
   8-24        (r)  The commission may, only as necessary to enforce its
   8-25  limited jurisdiction, prescribe forms of books, accounts, records,
   8-26  and memoranda to be kept by a company that has a certificate of
   8-27  operating authority or service provider certificate of operating
   8-28  authority under Subtitle F of this title that in the judgment of
   8-29  the commission may be necessary to carry out the limited
   8-30  jurisdiction over those companies that this Act provides to the
   8-31  commission.
   8-32        (s)(1)  Except as otherwise specifically provided by this
   8-33  Act, the commission shall have only the following authority over a
   8-34  holder of a certificate of operating authority or service provider
   8-35  certificate of operating authority:
   8-36                    (A)  to enforce the applicable provisions of this
   8-37  Act as provided by Subtitle I, Title I, of this Act;
   8-38                    (B)  to assert jurisdiction over a specific
   8-39  service in accordance with Section 3.2572 of this Act;
   8-40                    (C)  to require co-carriage reciprocity; and
   8-41                    (D)  to regulate condemnation and building
   8-42  access.
   8-43              (2)  The commission may not impose on a
   8-44  telecommunications utility that has a certificate of operating
   8-45  authority or service provider certificate of operating authority a
   8-46  rule or regulatory practice under this section that imposes a
   8-47  greater regulatory burden on that telecommunications utility than
   8-48  is imposed on a certificate of convenience and necessity holder
   8-49  serving the same area.
   8-50        SECTION 8.  Subtitle B, Title III, Public Utility Regulatory
   8-51  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   8-52  Regular Session, 1995, is amended by adding Section 3.053 to read
   8-53  as follows:
   8-54        Sec. 3.053.  SALE OF PROPERTY.  (a)  The commission shall
   8-55  complete an investigation under Section 1.251 of this Act that
   8-56  relates to a public utility and enter a final order within 180 days
   8-57  after the date of notification by the utility.  If an order is not
   8-58  entered, the utility's action is considered consistent with the
   8-59  public interest.
   8-60        (b)  Section 1.251 of this Act does not apply to an incumbent
   8-61  local exchange company electing under Subtitle H of this title or
   8-62  to a company that receives a certificate of operating authority or
   8-63  a service provider certificate of operating authority under
   8-64  Subtitle F of this title.
   8-65        SECTION 9.  Subtitle C, Title III, Public Utility Regulatory
   8-66  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   8-67  Regular Session, 1995, is amended by adding Section 3.1015 to read
   8-68  as follows:
   8-69        Sec. 3.1015.  MUNICIPAL FEES.  Nothing in this Act may be
   8-70  construed as in any way limiting the right of a public utility to
    9-1  pass through municipal fees, including any increase in municipal
    9-2  fees.  A public utility that traditionally passes through municipal
    9-3  fees shall promptly pass through any reductions.
    9-4        SECTION 10.  Section 3.151(a), Public Utility Regulatory Act
    9-5  of 1995, as enacted by S.B.  319, Acts of the 74th Legislature,
    9-6  Regular Session, 1995, is amended to read as follows:
    9-7        (a)  The commission shall fix proper and adequate rates and
    9-8  methods of depreciation, amortization, or depletion of the several
    9-9  classes of property of each public utility and shall require every
   9-10  public utility to carry a proper and adequate depreciation account
   9-11  in accordance with such rates and methods and with such other rules
   9-12  and regulations as the commission prescribes.  On application of a
   9-13  utility, the commission shall fix depreciation rates that promote
   9-14  deployment of new technology and infrastructure.  In setting those
   9-15  rates, the commission shall consider depreciation practices of
   9-16  nonregulated telecommunications providers.  Such rates, methods,
   9-17  and accounts shall be utilized uniformly and consistently
   9-18  throughout the ratesetting and appeal proceedings.  A company
   9-19  electing under Subtitle H of this title may determine its own
   9-20  depreciation rates and amortizations, but shall notify the
   9-21  commission of any changes.
   9-22        SECTION 11.  Subtitle D, Title III, Public Utility Regulatory
   9-23  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   9-24  Regular Session, 1995, is amended by adding Section 3.1545 to read
   9-25  as follows:
   9-26        Sec. 3.1545.  RECORDS.  Notwithstanding Section 1.204 of this
   9-27  Act, books, accounts, records, or memoranda of a public utility may
   9-28  be removed from the state so long as those books, accounts,
   9-29  records, or memoranda are returned to the state for any inspection
   9-30  by the commission that is authorized by this Act.
   9-31        SECTION 12.  Subtitle D, Title III, Public Utility Regulatory
   9-32  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   9-33  Regular Session, 1995, is amended by adding Section 3.1555 to read
   9-34  as follows:
   9-35        Sec. 3.1555.  MINIMUM SERVICES.  (a)  Except as provided by
   9-36  Subsection (d) of this section, the commission shall require each
   9-37  holder of a certificate of convenience and necessity or certificate
   9-38  of operating authority in this state to provide at the applicable
   9-39  tariff rate, if any, to all customers, irrespective of race,
   9-40  national origin, income, or residence in an urban or rural area,
   9-41  not later than December 31, 2000:
   9-42              (1)  single party service;
   9-43              (2)  tone-dialing service;
   9-44              (3)  basic custom calling features;
   9-45              (4)  equal access for interLATA interexchange carriers
   9-46  on a bona fide request; and
   9-47              (5)  digital switching capability in all exchanges on
   9-48  customer request, provided by a digital switch in the exchange or
   9-49  by connection to a digital switch in another exchange.
   9-50        (b)  Notwithstanding Subsection (a) of this section, an
   9-51  electing incumbent local exchange company serving as of January 1,
   9-52  1995, more than 175,000 but fewer than 1,500,000 access lines shall
   9-53  install digital switches in its central offices serving exchanges
   9-54  of less than 20,000 access lines before December 31, 1998.
   9-55        (c)  The commission may temporarily waive these requirements
   9-56  on a showing of good cause.  The commission may not consider the
   9-57  cost of implementing this section in determining whether an
   9-58  electing company is entitled to a rate increase under Subtitle H or
   9-59  I of this title or increased universal service funds under Section
   9-60  3.608 of this Act.
   9-61        (d)  This section does not affect the requirement prescribed
   9-62  by 16 T.A.C. Section 23.69 that, not later than July 1, 1996,  each
   9-63  local exchange company shall make ISDN available to all customers
   9-64  in exchange areas of the company that have at least 50,000 access
   9-65  lines.
   9-66        SECTION 13.  Subtitle D, Title III, Public Utility Regulatory
   9-67  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   9-68  Regular Session, 1995, is amended by adding Section 3.1556 to read
   9-69  as follows:
   9-70        Sec. 3.1556.  RECONNECTION FEE.  The commission shall
   10-1  establish a reasonable limit on the amount that a local exchange
   10-2  company may charge a customer for changing the location at which
   10-3  the customer receives service.
   10-4        SECTION 14.  Sections 3.201 and 3.202, Public Utility
   10-5  Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th
   10-6  Legislature, Regular Session, 1995, are amended to read as follows:
   10-7        Sec. 3.201.  POWER TO INSURE COMPLIANCE; RATE REGULATION.
   10-8  Subject to the provisions of this Act, the commission is hereby
   10-9  vested with all authority and power of the State of Texas to insure
  10-10  compliance with the obligations of public utilities in this Act.
  10-11  Except as <To the extent> otherwise provided by this Act, the
  10-12  commission is empowered to fix and regulate rates of public
  10-13  utilities, including rules and regulations for determining the
  10-14  classification of customers and services and for determining the
  10-15  applicability of rates.  A rule or order of the commission may not
  10-16  conflict with the rulings of any federal regulatory body.
  10-17        Sec. 3.202.  JUST AND REASONABLE RATES.  It shall be the duty
  10-18  of the commission to insure that every rate made, demanded, or
  10-19  received by any public utility or by any two or more utilities
  10-20  jointly shall be just and reasonable.  Rates may not be
  10-21  unreasonably preferential, prejudicial, or discriminatory, but
  10-22  shall be sufficient, equitable, and consistent in application to
  10-23  each class of consumers.  For ratemaking purposes, the commission
  10-24  may treat two or more municipalities served by a public utility as
  10-25  a single class wherever it deems such treatment to be appropriate.
  10-26  Approval by the commission of a reduced rate for service for a
  10-27  class of consumers eligible under Section 3.602 <3.352> of this Act
  10-28  for tel-assistance service does not constitute a violation of this
  10-29  section.
  10-30        SECTION 15.  Section 3.204, Public Utility Regulatory Act of
  10-31  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  10-32  Session, 1995, is amended to read as follows:
  10-33        Sec. 3.204.  BURDEN OF PROOF.  Except as hereafter provided,
  10-34  in any proceeding involving any proposed change of rates, the
  10-35  burden of proof to show that the proposed change, if proposed by
  10-36  the utility, or that the existing rate, if it is proposed to reduce
  10-37  the rate, is just and reasonable shall be on the public utility.
  10-38  In any proceeding involving an incumbent <a> local exchange company
  10-39  in which the incumbent local exchange company's rate or rates are
  10-40  in issue, the burden of proof that such rate or rates are just and
  10-41  reasonable shall be on the incumbent local exchange company.
  10-42        SECTION 16.  Section 3.208(b), Public Utility Regulatory Act
  10-43  of 1995, as enacted by S.B.  319, Acts of the 74th Legislature,
  10-44  Regular Session, 1995, is amended to read as follows:
  10-45        (b)  Transactions with Affiliated Interests.  Payment to
  10-46  affiliated interests for costs of any services or any property,
  10-47  right, or thing or for interest expense may not be allowed either
  10-48  as capital cost or as expense except to the extent that the
  10-49  commission shall find such payment to be reasonable and necessary
  10-50  for each item or class of items as determined by the commission.
  10-51  Any such finding shall include specific findings of the
  10-52  reasonableness and necessity of each item or class of items allowed
  10-53  and a finding that the price to the utility is no higher than
  10-54  prices charged by the supplying affiliate to its other affiliates
  10-55  or divisions for the same item or class of items, or to
  10-56  unaffiliated persons or corporations within the same market areas
  10-57  or having the same market conditions.  If the supplying affiliate
  10-58  has calculated its charges to the utility in a manner consistent
  10-59  with the rules of the Federal Communications Commission, no finding
  10-60  shall be required as to the price charged by the supplying
  10-61  affiliate to its other affiliates or divisions.  In any case in
  10-62  which the commission finds that the test period affiliate expense
  10-63  is unreasonable, the commission shall determine the reasonable
  10-64  level of the expense and shall include such expense in determining
  10-65  the utility's cost of service.
  10-66        SECTION 17.  Section 3.210, Public Utility Regulatory Act of
  10-67  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  10-68  Session, 1995, is amended by adding Subsection (c) to read as
  10-69  follows:
  10-70        (c)  Except as provided by Subtitles H and I of this title,
   11-1  this section does not apply to a company electing into Subtitle H
   11-2  or I of this title.  However, the commission shall retain
   11-3  jurisdiction to hear and resolve complaints regarding an electing
   11-4  company's compliance with obligations imposed by this Act.
   11-5        SECTION 18.  Section 3.211, Public Utility Regulatory Act of
   11-6  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   11-7  Session, 1995, is amended by amending Subsections (f) and (h) and
   11-8  adding Subsection (j) to read as follows:
   11-9        (f)  If, after hearing, the commission finds the rates to be
  11-10  unreasonable or in any way in violation of any provision of law,
  11-11  the commission shall determine the level of rates to be charged or
  11-12  applied by the utility for the service in question and shall fix
  11-13  the same by order to be served upon the utility; these rates are
  11-14  thereafter to be observed until changed, as provided by this Act.
  11-15  Except as provided by Subtitles H, I, and J of this title, this
  11-16  subsection does not apply to a company electing into Subtitle H or
  11-17  I of this title.  Rates established under this section after a
  11-18  company's election must comply with Subtitle H or I of this title.
  11-19        (h)  If the commission does not make a final determination
  11-20  concerning an incumbent <a> local exchange company's schedule of
  11-21  rates prior to the expiration of the 150-day suspension period, the
  11-22  schedule of rates finally approved by the commission shall become
  11-23  effective and the incumbent local exchange company shall be
  11-24  entitled to collect such rates from the date the 150-day suspension
  11-25  period expired.  Any surcharges or other charges necessary to
  11-26  effectuate this subsection may not be recovered over a period of
  11-27  less than 90 days from the date of the commission's final order.
  11-28        (j)  An incumbent local exchange company may file with the
  11-29  commission tariffs for switched access service that have been
  11-30  approved by the Federal Communications Commission, provided that
  11-31  the tariffs include all rate elements in the company's interstate
  11-32  access tariff other than end user charges.  If on review the filed
  11-33  tariffs contain the same rates, terms, and conditions, excluding
  11-34  any end user charges, as approved by the Federal Communications
  11-35  Commission, the commission shall order the rates to be the
  11-36  intrastate switched access rates, terms, and conditions for the
  11-37  incumbent local exchange company within 60 days of filing.
  11-38        SECTION 19.  Sections 3.212(a) and (c), Public Utility
  11-39  Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th
  11-40  Legislature, Regular Session, 1995, are amended to read as follows:
  11-41        (a)  An incumbent <A> local exchange company may make changes
  11-42  in its tariffed rules, regulations, or practices that do not affect
  11-43  its charges or rates by filing the proposed changes with the
  11-44  commission at least 35 days prior to the effective date of the
  11-45  changes.  The commission may require such notice to ratepayers as
  11-46  it considers appropriate.
  11-47        (c)  The commission shall approve, deny, or modify the
  11-48  proposed changes before expiration of the suspension period.  In
  11-49  any proceeding under this section, the burden of proving that the
  11-50  requested relief is in the public interest and complies with this
  11-51  Act shall be borne by the incumbent local exchange company.
  11-52        SECTION 20.  Subtitle E, Title III, Public Utility Regulatory
  11-53  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  11-54  Regular Session, 1995, is amended by amending Section 3.213 and
  11-55  adding Section 3.2135 to read as follows:
  11-56        Sec. 3.213.  <COOPERATIVE OR> SMALL INCUMBENT LOCAL EXCHANGE
  11-57  COMPANIES<; STATEMENT OF INTENT TO CHANGE RATES; NOTICE OF INTENT;
  11-58  SUSPENSION OF RATE SCHEDULE; REVIEW>.  (a)  The legislature finds
  11-59  that regulatory policy should recognize differences between the
  11-60  small and large incumbent local exchange companies, that there are
  11-61  a large number of customer-owned telephone cooperatives and small,
  11-62  locally owned investor companies, and that it is appropriate to
  11-63  provide incentives and flexibility to allow incumbent local
  11-64  exchange companies that serve the rural areas to provide existing
  11-65  services and to introduce new technology and new services in a
  11-66  prompt, efficient, and economical manner.
  11-67        (b)  Except as otherwise provided by this section, an
  11-68  incumbent local exchange company that is a cooperative corporation,
  11-69  or that, together with all affiliated incumbent local exchange
  11-70  companies, has fewer than 31,000 access lines in service in this
   12-1  state may offer extended local calling services or new services on
   12-2  an optional basis or make minor changes in its rates or tariffs if
   12-3  the company:
   12-4              (1)  files with the commission and the office a
   12-5  statement of intent, as prescribed by Subsection (c) of this
   12-6  section, not later than the 91st day before the date on which the
   12-7  proposed change will take effect;
   12-8              (2)  provides notice as prescribed by Subsection (d) of
   12-9  this section; and
  12-10              (3)  files with the commission affidavits verifying the
  12-11  provision of notice as prescribed by Subsection (d) of this
  12-12  section.
  12-13        (c)  The statement of intent required by Subsection (b)(1) of
  12-14  this section must include:
  12-15              (1)  a copy of a resolution approving the proposed
  12-16  change by the incumbent local exchange telephone company's board of
  12-17  directors;
  12-18              (2)  a description of the services affected by the
  12-19  proposed change;
  12-20              (3)  a copy of the proposed tariff for the affected
  12-21  service;
  12-22              (4)  a copy of the customer notice required by
  12-23  Subsection (b)(2) of this section;
  12-24              (5)  the number of access lines the company and each
  12-25  affiliate has in service in this state; and
  12-26              (6)  the amount by which the company's total regulated
  12-27  intrastate gross annual revenues will increase or decrease as a
  12-28  result of the proposed change.
  12-29        (d)  The incumbent local exchange company shall provide
  12-30  notice to affected customers in the manner prescribed by the
  12-31  commission not later than the 61st day before the date on which the
  12-32  proposed change will take effect.  Each notice prescribed by the
  12-33  commission must include:
  12-34              (1)  a description of the services affected by the
  12-35  proposed change;
  12-36              (2)  the effective date of the proposed change;
  12-37              (3)  an explanation of the customer's right to petition
  12-38  the commission for a review under Subsection (e) of this section,
  12-39  including the number of persons required to petition before a
  12-40  commission review will occur;
  12-41              (4)  an explanation of the customer's right to obtain
  12-42  information concerning how to obtain a copy of the proposed tariff
  12-43  from the company;
  12-44              (5)  the amount by which the company's total regulated
  12-45  intrastate gross annual revenues will increase or decrease as a
  12-46  result of the proposed change; and
  12-47              (6)  a list of rates that are affected by the proposed
  12-48  rate change.
  12-49        (e)  The commission shall review a proposed change filed
  12-50  under this section if:
  12-51              (1)  the commission receives complaints relating to the
  12-52  proposed change signed by the lesser of five percent or 1,500 of
  12-53  the affected local service customers;
  12-54              (2)  the commission receives a complaint relating to
  12-55  the proposed change from an affected intrastate access customer, or
  12-56  a group of affected intrastate access customers, that in the
  12-57  preceding 12 months accounted for more than 10 percent of the
  12-58  company's total intrastate gross access revenues;
  12-59              (3)  the proposed change is not a minor change;
  12-60              (4)  the company does not comply with the procedural
  12-61  requirements of this section; or
  12-62              (5)  the proposed change is inconsistent with the
  12-63  commission's substantive policies as expressed in its rules.
  12-64        (f)  On review, the commission may suspend the proposed
  12-65  tariff during the pendency of review.
  12-66        (g)  This section does not prohibit an incumbent local
  12-67  exchange company from filing for a new service or rate change under
  12-68  another applicable section of this Act or the commission from
  12-69  conducting a review in accordance with Section 3.210 of this Act.
  12-70        (h)  In this section, "minor change" means a change,
   13-1  including the restructuring of rates of existing services, that
   13-2  decreases the rates or revenues of the incumbent local exchange
   13-3  company or that, together with any other rate or proposed or
   13-4  approved tariff changes in the 12 months preceding the date on
   13-5  which the proposed change will take effect, results in an increase
   13-6  of the company's total regulated intrastate gross annual revenues
   13-7  by not more than five percent.  Further, with regard to a change to
   13-8  a basic local access line rate, a minor change may not, together
   13-9  with any other change to that rate that went into effect during the
  13-10  12 months preceding the proposed effective date of the requested
  13-11  change, result in an increase of more than 10 percent.  <Except as
  13-12  otherwise provided by this section, a local exchange company that
  13-13  is a cooperative corporation or that has fewer than 5,000 access
  13-14  lines in service in this state may change rates by publishing
  13-15  notice of the change at least 60 days before the date of the change
  13-16  in the place and form as prescribed by the commission.  The notice
  13-17  must include:>
  13-18              <(1)  the reasons for the rate change;>
  13-19              <(2)  a description of the affected service;>
  13-20              <(3)  an explanation of the right of the subscriber to
  13-21  petition the commission for a hearing on the rate change; and>
  13-22              <(4)  a list of rates that are affected by the proposed
  13-23  rate change.>
  13-24        <(b)  At least 60 days before the date of the change, the
  13-25  local exchange company shall file with the commission a statement
  13-26  of intent to change rates containing:>
  13-27              <(1)  a copy of the notice required by Subsection (a)
  13-28  of this section;>
  13-29              <(2)  the number of access lines the company has in
  13-30  service in this state;>
  13-31              <(3)  the date of the most recent commission order
  13-32  setting rates of the company;>
  13-33              <(4)  the increase in total gross annual local revenues
  13-34  that will be produced by the proposed rates;>
  13-35              <(5)  the increase in total gross annual local revenues
  13-36  that will be produced by the proposed rates together with any local
  13-37  rate changes which went into effect during the 12 months preceding
  13-38  the proposed effective date of the requested rate change and any
  13-39  other proposed local rate changes then pending before the
  13-40  commission;>
  13-41              <(6)  the increase in rates for each service category;
  13-42  and>
  13-43              <(7)  other information the commission by rule
  13-44  requires.>
  13-45        <(c)  The commission shall review a proposed change in the
  13-46  rates set by a local exchange company under this section upon the
  13-47  receipt of complaints signed by at least five percent of all
  13-48  affected subscribers or upon its own motion.  The commission may
  13-49  require notice to ratepayers as it considers appropriate.  If
  13-50  sufficient complaints are presented to the commission within 60
  13-51  days after the date notice of the rate change was sent to
  13-52  subscribers, the commission shall review the proposed change.
  13-53  After notice to the local exchange company, the commission may
  13-54  suspend the rates during the pendency of the review and reinstate
  13-55  the rates previously in effect.  Review under this subsection shall
  13-56  be as provided by Section 3.211 of this Act.  The period for review
  13-57  by the commission does not begin until the local exchange company
  13-58  files a complete rate-filing package.>
  13-59        <(d)  If the commission has entered an order setting a rate,
  13-60  the affected local exchange company may not change that rate under
  13-61  this section before 365 days after the date of the commission's
  13-62  order setting the rate.>
  13-63        <(e)  This section does not prohibit a local exchange company
  13-64  from filing for a rate change under any other applicable section of
  13-65  this Act.>
  13-66        <(f)  The commission shall review a proposed change in the
  13-67  rates of a local exchange company under this section if the
  13-68  proposed rates, together with any local rate changes which went
  13-69  into effect during the 12 months preceding the proposed effective
  13-70  date of the requested rate change as well as any other proposed
   14-1  local rate changes then pending before the commission, will
   14-2  increase its total gross annual local revenues by more than 2-1/2
   14-3  percent or if the proposed change would increase the rate of any
   14-4  service category by more than 25 percent, except for basic local
   14-5  service, which shall be limited to a maximum of 2-1/2  percent of
   14-6  the total gross annual local revenue.  Review under this subsection
   14-7  shall be as provided by Section 3.211 of this Act.  Each local
   14-8  exchange company may receive a change in its local rates or in any
   14-9  service category pursuant to this section only one time in any
  14-10  12-month period.>
  14-11        (i) <(g)>  Rates established under this section must be in
  14-12  accordance with the rate-setting principles of this subtitle.
  14-13  However, companies may provide to their board members, officers,
  14-14  employees, and agents free or reduced rates for services.
  14-15        (j)(1)  The commission shall, within 120 days of the
  14-16  effective date of this section, examine its policies, its reporting
  14-17  requirements, and its procedural and substantive rules as they
  14-18  relate to rural and small incumbent local exchange companies and
  14-19  cooperatives to eliminate or revise those that place unnecessary
  14-20  burdens and expenses on those companies.  Notwithstanding any other
  14-21  provisions of this Act, the commission shall consider and may adopt
  14-22  policies that include the following:
  14-23                    (A)  policies to allow those companies to provide
  14-24  required information by report or otherwise as necessary, including
  14-25  a rate filing package when required, in substantially less
  14-26  burdensome and complex form than required of larger incumbent local
  14-27  exchange companies;
  14-28                    (B)  policies that permit consideration of the
  14-29  company's future construction plans and operational changes in
  14-30  evaluating the reasonableness of current rates;
  14-31                    (C)  policies that provide for evaluation of the
  14-32  overall reasonableness of current rates no more frequently than
  14-33  once every three years;
  14-34                    (D)  policies that permit companies to change
  14-35  depreciation and amortization rates when customer rates are not
  14-36  affected by notice to the commission, subject to review by the
  14-37  commission in a proceeding under Section 3.210 or 3.211 of this
  14-38  Act;
  14-39                    (E)  policies to allow the incumbent local
  14-40  exchange companies to adopt for new services the rates for the same
  14-41  or substantially similar services offered by a larger incumbent
  14-42  local exchange company, without commission requirement of
  14-43  additional cost justification; and
  14-44                    (F)  policies that allow an incumbent local
  14-45  exchange company, instead of any management audit that would
  14-46  otherwise be required by law, policy, or rule, to submit to the
  14-47  commission financial audits of the company regularly performed by
  14-48  independent auditors or required and performed as a result of the
  14-49  company's participation in federal or state financing or
  14-50  revenue-sharing programs.
  14-51              (2)  Notwithstanding any other relevant provision of
  14-52  this Act, the commission may adopt policies under this subsection
  14-53  that the commission considers appropriate.
  14-54        (k) <(h)>  The commission is granted all necessary power and
  14-55  authority to prescribe and collect fees and assessments from
  14-56  incumbent local exchange companies necessary to recover the
  14-57  commission's and the office's costs of activities carried out and
  14-58  services provided under this section, Subsection (h) of Section
  14-59  3.211, and Sections <Section> 3.212 and 3.2135 of this Act.
  14-60        (l)  Except as provided in Subsection (j), this section may
  14-61  not apply to any incumbent local exchange company that is a
  14-62  cooperative corporation partially deregulated under the provisions
  14-63  of Section 3.2135 of this Act.
  14-64        Sec. 3.2135.  COOPERATIVE CORPORATIONS.  (a)  An incumbent
  14-65  local exchange company that is a cooperative corporation may vote
  14-66  to partially deregulate the cooperative by sending a ballot to each
  14-67  cooperative member.  The ballot may be included in a bill or sent
  14-68  separately.  The ballot shall provide for voting for or against the
  14-69  proposition:  "Authorizing the partial deregulation of the (name of
  14-70  the cooperative)."
   15-1        (b)  The cooperative is deemed to be partially deregulated if
   15-2  a majority of the ballots returned to the cooperative not later
   15-3  than the 45th day after the date on which the ballots are mailed
   15-4  favor deregulation.
   15-5        (c)  After the initial balloting, the cooperative may offer
   15-6  extended local calling services, offer new services on an optional
   15-7  basis, or make changes in its rates or tariffs if the cooperative:
   15-8              (1)  provides notice of the proposed action under this
   15-9  section to all customers and municipalities as prescribed by
  15-10  Subsection (e) of this section;
  15-11              (2)  files with the commission affidavits verifying the
  15-12  provision of notice as prescribed by Subsection (f) of this
  15-13  section; and
  15-14              (3)  files a statement of intent under Subsection (d)
  15-15  of this section.
  15-16        (d)  A statement of intent to use this section must be filed
  15-17  with the commission and the office not later than the 61st day
  15-18  before the date on which a proposed change will take effect and
  15-19  must include:
  15-20              (1)  a copy of a resolution approving the proposed
  15-21  action and authorizing the filing of the statement of intent signed
  15-22  by a majority of the members of the cooperative's board of
  15-23  directors;
  15-24              (2)  a description of the services affected by the
  15-25  proposed action;
  15-26              (3)  a copy of the proposed tariff for the affected
  15-27  service; and
  15-28              (4)  a copy of the customer notice required by this
  15-29  section.
  15-30        (e)  The cooperative shall provide to all affected customers
  15-31  and parties, including municipalities, at least two notices of the
  15-32  proposed action by bill insert or by individual notice.  The
  15-33  cooperative shall provide the first notice not later than the 61st
  15-34  day before the date on which the proposed action will take effect.
  15-35  The cooperative shall provide the last notice not later than the
  15-36  31st day before the date on which the proposed action will take
  15-37  effect.  Each notice prescribed by this subsection must include:
  15-38              (1)  a description of the services affected by the
  15-39  proposed action;
  15-40              (2)  the effective date of the proposed action;
  15-41              (3)  an explanation of the customer's right to petition
  15-42  the commission for a review under Subsection (g) of this section;
  15-43              (4)  an explanation of the customer's right to obtain a
  15-44  copy of the proposed tariff from the cooperative;
  15-45              (5)  the amount by which the cooperative's total gross
  15-46  annual revenues will increase or decrease and a statement
  15-47  explaining the effect on the cooperative revenues as a result of
  15-48  the proposed action; and
  15-49              (6)  a list of rates that are affected by the proposed
  15-50  rate action, showing the effect of the proposed action on each such
  15-51  rate.
  15-52        (f)  Not later than the 15th day before the date on which the
  15-53  proposed action will take effect, the cooperative shall file with
  15-54  the commission affidavits that verify that the cooperative provided
  15-55  each notice prescribed under Subsection (e) of this section.
  15-56        (g)(1)  The commission shall review a proposed action filed
  15-57  under this section if:
  15-58                    (A)  the commission receives, not later than the
  15-59  45th day after the first notice is provided under Subsection (e) of
  15-60  this section, complaints relating to the proposed action:
  15-61                          (i)  signed by at least five percent of the
  15-62  affected local service customers; or
  15-63                          (ii)  from an affected intrastate access
  15-64  customer, or group of affected intrastate access customers, that in
  15-65  the preceding 12 months accounted for more than 10 percent of the
  15-66  cooperative's total intrastate access revenues;
  15-67                    (B)  the cooperative does not comply with the
  15-68  procedural requirements of this section; or
  15-69                    (C)  the proposed action is inconsistent with the
  15-70  commission's substantive policies as expressed in its rules.
   16-1              (2)  If the commission conducts a review of the
   16-2  proposed action under this subsection before the effective date,
   16-3  the commission may suspend  the proposed actions of the cooperative
   16-4  during the pendency of the review.
   16-5        (h)  A cooperative that is partially deregulated under this
   16-6  section may vote to reverse the deregulation by sending  a ballot
   16-7  to each cooperative member.  Upon its own motion or within 60 days
   16-8  upon receipt of a written request of 10 percent of its members, the
   16-9  cooperative's board of directors shall reballot.  The ballot may be
  16-10  included in a bill or sent separately.  The ballot shall provide
  16-11  for voting for or against the proposition:  "Reversing the partial
  16-12  deregulation of the (name of the cooperative)."  The partial
  16-13  deregulation is reversed if a majority of the ballots returned to
  16-14  the cooperative not later than the 45th day after the date on which
  16-15  the ballots are mailed favor reversal.
  16-16        (i)  The commission by rule shall prescribe the voting
  16-17  procedures a cooperative is required to use under this section.
  16-18        (j)  This section does not:
  16-19              (1)  prohibit a cooperative from filing for a new
  16-20  service or rate change under another applicable section of this
  16-21  Act; or
  16-22              (2)  affect the application of other provisions of this
  16-23  Act not directly related to ratemaking or the authority of the
  16-24  commission to require the cooperative to file reports as required
  16-25  under this  Act, Section 3.213(j) of this Act, or under the rules
  16-26  adopted by the commission.
  16-27        (k)  Notwithstanding any other provision of this section, the
  16-28  commission may conduct a review in accordance with Section 3.210 of
  16-29  this Act.
  16-30        SECTION 21.  Subtitle E, Title III, Public Utility Regulatory
  16-31  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  16-32  Regular Session, 1995, is amended by adding Section 3.219 to read
  16-33  as follows:
  16-34        Sec. 3.219.  INTRALATA CALLS.  (a)  Except as provided by
  16-35  Subsection (b) of this section, while any local exchange company in
  16-36  this state is prohibited by federal law from providing interLATA
  16-37  telecommunications services, the local exchange companies in this
  16-38  state designated or de facto authorized to receive "0+" and "1+"
  16-39  dialed intraLATA calls shall be exclusively designated or
  16-40  authorized to receive those calls.
  16-41        (b)  A telecommunications utility operating under a
  16-42  certificate of operating authority or service provider certificate
  16-43  of operating authority to the extent not restricted by Section
  16-44  3.2532(f) of this Act is de facto authorized to receive "0+" and
  16-45  "1+" dialed intraLATA calls on the date on which the utility
  16-46  receives its certificate.
  16-47        (c)  Effective as of the time the local exchange company is
  16-48  allowed by federal law to provide interLATA telecommunications
  16-49  services, the commission shall ensure that customers may designate
  16-50  a provider of their choice to carry their "0+" and "1+" dialed
  16-51  intraLATA calls and that equal access in the public network is
  16-52  implemented such that the provider may carry such calls.
  16-53        SECTION 22.  Section 3.251, Public Utility Regulatory Act of
  16-54  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  16-55  Session, 1995, is amended by adding Subsections (c) and (d) to read
  16-56  as follows:
  16-57        (c)  A person may not provide local exchange telephone
  16-58  service, basic local telecommunications service, or switched access
  16-59  service without a certificate of convenience and necessity, a
  16-60  certificate of operating authority, or a service provider
  16-61  certificate of operating authority.
  16-62        (d)  A municipality may not receive a certificate of
  16-63  convenience and necessity, certificate of operating authority, or
  16-64  service provider certificate of operating authority under this Act.
  16-65  In addition, a municipality may not provide a service for which a
  16-66  certificate is required.
  16-67        SECTION 23.  Section 3.252, Public Utility Regulatory Act of
  16-68  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  16-69  Session, 1995, is amended to read as follows:
  16-70        Sec. 3.252.  EXCEPTIONS <FOR EXTENSION OF SERVICE>.  (a)  A
   17-1  telecommunications <public> utility is not required to secure a
   17-2  certificate of public convenience and necessity, certificate of
   17-3  operating authority, or service provider certificate of operating
   17-4  authority for:
   17-5              (1)  an extension into territory contiguous to that
   17-6  already served by it and not receiving similar service from another
   17-7  telecommunications <public> utility and not within the certificated
   17-8  area <of public convenience and necessity> of another
   17-9  telecommunications utility <of the same kind>;
  17-10              (2)  an extension within or to territory already served
  17-11  by it or to be served by it under a certificate of public
  17-12  convenience and necessity, certificate of operating authority, or
  17-13  service provider certificate of operating authority; <or>
  17-14              (3)  operation, extension, or service in progress on
  17-15  September 1, 1975; or
  17-16              (4)  interexchange telecommunications service,
  17-17  non-switched private line service, shared tenant service,
  17-18  specialized communications common carrier service, commercial
  17-19  mobile service, or operator service as defined by Section 3.052(a)
  17-20  of this Act.
  17-21        (b)  Any extensions allowed by Subsection (a) of this section
  17-22  shall be limited to devices for interconnection of existing
  17-23  facilities or devices used solely for transmitting
  17-24  telecommunications <public> utility services from existing
  17-25  facilities to customers of retail utility service.
  17-26        SECTION 24.  Subtitle F, Title III, Public Utility Regulatory
  17-27  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  17-28  Regular Session, 1995, is amended by adding Section 3.2531 to read
  17-29  as follows:
  17-30        Sec. 3.2531.  CERTIFICATE OF OPERATING AUTHORITY.  (a)  In
  17-31  lieu of applying for a certificate of convenience and necessity, an
  17-32  applicant may apply for a certificate of operating authority.
  17-33        (b)  An application for a certificate of operating authority
  17-34  shall specify whether the applicant is seeking a facilities based
  17-35  certificate of operating authority under this section or a service
  17-36  provider certificate of operating authority under Section 3.2532.
  17-37  When an application for a certificate of operating authority or
  17-38  service provider certificate of operating authority is filed, the
  17-39  commission shall give notice of the application to interested
  17-40  parties and, if requested, shall fix a time and place for a hearing
  17-41  and give notice of the hearing.  Any person interested in the
  17-42  application may intervene at the hearing.
  17-43        (c)  If seeking a facilities based certificate of operating
  17-44  authority, the applicant must include in the application a proposed
  17-45  build-out plan demonstrating how the applicant will deploy its
  17-46  facilities throughout the geographic area of its certificated
  17-47  service area over a six-year period.  The commission may issue
  17-48  rules for a holder of a certificate of operating authority with
  17-49  respect to the time within which the holder must be able to serve
  17-50  customers, except that a holder must serve customers within a
  17-51  build-out area within 30 days of the date of a customer request for
  17-52  service.  The commission may not require a holder to place "drop"
  17-53  facilities on every customer's premises or to activate fiber optic
  17-54  facilities in advance of customer request as part of the build-out
  17-55  requirements.  The plan required by this subsection must meet the
  17-56  following conditions:
  17-57              (1)  10 percent of the area to be served must be served
  17-58  with facilities other than the facilities of the incumbent local
  17-59  exchange company by the end of the first year;
  17-60              (2)  50 percent of the area to be served must be served
  17-61  with facilities other than the facilities of the incumbent local
  17-62  exchange company by the end of the third year; and
  17-63              (3)  all of the area to be served must be served with
  17-64  facilities other than the facilities of the incumbent local
  17-65  exchange company by the end of the sixth year.
  17-66        (d)  The build-out plan may permit not more than 40 percent
  17-67  of the applicant's service area to be served by resale of the
  17-68  incumbent local exchange company's facilities under the tariff
  17-69  required to be approved in Section 3.453 of this Act, except that
  17-70  during the six years immediately following the grant, a holder of a
   18-1  certificate of operating authority may extend its service by resale
   18-2  only within the area it is obligated to serve under the build-out
   18-3  plan approved by the commission and to the distant premises of one
   18-4  of its multi-premises customers beyond that build-out area but
   18-5  within its certificated service area.  The 40-percent resale
   18-6  limitation applies to incumbent local exchange facilities resold by
   18-7  a holder of a certificate of operating authority as part of the
   18-8  provision of local exchange telephone service, regardless of
   18-9  whether the facilities are purchased directly by the certificate of
  18-10  operating authority holder from the incumbent local exchange
  18-11  company or purchased by an intermediary carrier from the incumbent
  18-12  local exchange company and then provided to the certificate of
  18-13  operating authority holder for resale.  In no event may an
  18-14  applicant use commercial mobile service to meet the build-out
  18-15  requirement imposed by this section, but an applicant may use PCS
  18-16  or other wireless technology licensed or allocated by the Federal
  18-17  Communications Commission after January 1, 1995, to meet the
  18-18  build-out requirement.
  18-19        (e)  A certificate of operating authority shall be granted
  18-20  within 60 days after the date of the application on a
  18-21  nondiscriminatory basis after consideration by the commission of
  18-22  factors such as the technical and financial qualifications of the
  18-23  applicant and the applicant's ability to meet the commission's
  18-24  quality of service requirements.  The commission may extend the
  18-25  60-day period on good cause shown.  In an exchange of an incumbent
  18-26  local exchange company serving fewer than 31,000 access lines, the
  18-27  commission shall also consider:
  18-28              (1)  the effect of granting the certificate on any
  18-29  public utility already serving the area and on the utility's
  18-30  customers;
  18-31              (2)  the existing utility's ability to provide adequate
  18-32  service at reasonable rates;
  18-33              (3)  the impact of the existing utility's ability as
  18-34  the provider of last resort; and
  18-35              (4)  the ability of the exchange, not the company, to
  18-36  support more than one provider of service.
  18-37        (f)  In addition to the factors prescribed by Subsection (e)
  18-38  of this section, the commission shall consider the adequacy of the
  18-39  applicant's build-out plan in determining whether to grant the
  18-40  application.  The commission may administratively and temporarily
  18-41  waive compliance with the six-year build-out plan on a showing of
  18-42  good cause.  The holder of a certificate shall file periodic
  18-43  reports with the commission demonstrating compliance with the plan
  18-44  approved by the commission, including the requirement that not more
  18-45  than 40 percent of the service area of a new certificate may be
  18-46  served by resale of the facilities of the incumbent local exchange
  18-47  company.
  18-48        (g)  An application for a certificate of operating authority
  18-49  may be granted only for an area or areas that are contiguous and
  18-50  reasonably compact and cover an area of at least 27 square miles,
  18-51  except that:
  18-52              (1)  in an exchange in a county having a population of
  18-53  less than 500,000 that is served by an incumbent local exchange
  18-54  company having more than 31,000 access lines, an area covering less
  18-55  than 27 square miles may be approved if the area is contiguous and
  18-56  reasonably compact and has at least 20,000 access lines; and
  18-57              (2)  in an exchange of a company serving fewer than
  18-58  31,000 access lines in this state, an application may be granted
  18-59  only for an area that has boundaries similar to the boundaries of
  18-60  the serving central office served by the incumbent local exchange
  18-61  company holding the certificate of convenience and necessity for
  18-62  that area.
  18-63        (h)  The commission may not, before September 1, 1998, grant
  18-64  a certificate of operating authority in an exchange of an incumbent
  18-65  local exchange company serving fewer than 31,000 access lines.  The
  18-66  commission shall require that the applicant meet the other
  18-67  appropriate certification provisions of this Act.
  18-68        (i)  Six years after an application for a certificate of
  18-69  operating authority has been granted for a particular area or areas
  18-70  or when the new applicant has completed its build-out plan required
   19-1  by this section, the commission may waive the build-out
   19-2  requirements of this section for additional applicants.  In
   19-3  addition, in service areas served by an incumbent local exchange
   19-4  company having more than five million access lines which, as of
   19-5  September 1, 1995, is subject to any prohibition under federal law
   19-6  on the provision of interLATA service, the build-out requirements
   19-7  of this section shall be eliminated in any service area where all
   19-8  prohibitions on that company's provision of interLATA services are
   19-9  removed such that the company can offer interLATA service together
  19-10  with its local and intraLATA toll service.
  19-11        (j)(1)  On an application filed after September 1, 1997, the
  19-12  commission may conduct a hearing to determine:
  19-13                    (A)  if the build-out requirements of Subsections
  19-14  (c), (d), and (g) of this section have created barriers to the
  19-15  entry of facilities based local exchange telephone service
  19-16  competition in exchanges in counties with a population of more than
  19-17  500,000 served by companies having more than 31,000 access lines;
  19-18  and
  19-19                    (B)  the effect of the resale provisions on the
  19-20  development of competition except in certificated areas of
  19-21  companies serving fewer than 31,000 access lines as provided by
  19-22  Section 3.2532(d)(1) of this Act.
  19-23              (2)  In making the determination under Subdivision (1)
  19-24  of this subsection, the commission shall consider:
  19-25                    (A)  the policy of this Act to encourage
  19-26  construction of local exchange networks;
  19-27                    (B)  the number and type of competitors that have
  19-28  sought to provide local exchange competition under the existing
  19-29  rules prescribed by this Act; and
  19-30                    (C)  whether, if new build-out and resale rules
  19-31  were adopted, innovative and competitive local exchange telephone
  19-32  services are more likely to be provided.
  19-33              (3)  If the commission determines that the existing
  19-34  build-out requirements have created barriers to facilities based
  19-35  local exchange competition in exchanges described by Subdivision
  19-36  (1)(A) of this subsection, the requirements of Subsections (c),
  19-37  (d), and (g) of this section and of Section 3.2532 may be changed
  19-38  if the changes will encourage additional facilities based
  19-39  competition.  However, in no event may exchange sizes be reduced
  19-40  below 12 square miles, or the permitted resale percentage of
  19-41  Subsection (d) of this section be increased to more than 50
  19-42  percent.  If new rules are adopted, the rules may apply only to
  19-43  applicants for certificates filed after the date of adoption of
  19-44  those rules.
  19-45        (k)  If the holder of a certificate of authority fails to
  19-46  comply with any requirement imposed by this Act, the commission
  19-47  may:
  19-48              (1)  revoke the certificate; or
  19-49              (2)  impose administrative penalties or take other
  19-50  action under Subtitle I, Title I, of this Act.
  19-51        SECTION 25.  Subtitle F, Title III, Public Utility Regulatory
  19-52  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  19-53  Regular Session, 1995, is amended by adding Section 3.2532 to read
  19-54  as follows:
  19-55        Sec. 3.2532.  SERVICE PROVIDER CERTIFICATE OF OPERATING
  19-56  AUTHORITY.  (a)  To encourage innovative, competitive, and
  19-57  entrepreneurial businesses to provide telecommunications services,
  19-58  the commission may grant service provider certificates of operating
  19-59  authority.  An applicant must demonstrate that it has the financial
  19-60  and technical ability to provide its services and show that the
  19-61  services will meet the requirements of this section.
  19-62        (b)  A company is eligible for a service provider certificate
  19-63  of operating authority under this section unless the company,
  19-64  together with affiliates, had in excess of six percent of the total
  19-65  intrastate switched access minutes of use as measured by the most
  19-66  recent 12-month period preceding the filing of the application for
  19-67  which data is available.  The commission shall obtain from the
  19-68  incumbent local exchange telephone companies such information as is
  19-69  necessary to determine eligibility and shall certify such
  19-70  eligibility within 10 days of the filing of the application.  A
   20-1  service provider certificate of operating authority shall be
   20-2  granted within 60 days after the date of the application on a
   20-3  nondiscriminatory basis after consideration by the commission of
   20-4  factors such as the technical and financial qualifications of the
   20-5  applicant and the applicant's ability to meet the commission's
   20-6  quality of service requirements.  The commission may extend the
   20-7  60-day period on good cause shown.
   20-8        (c)  An applicant for a service provider certificate of
   20-9  operating authority shall file with its application a description
  20-10  of the services it will provide and show the areas in which it will
  20-11  provide those services.
  20-12        (d)  A service provider certificate of operating authority
  20-13  holder:
  20-14              (1)  may obtain services under the resale tariffs
  20-15  ordered by the commission as specified by Section 3.453 of this
  20-16  Act, except in certificated areas of companies serving fewer than
  20-17  31,000 access lines;
  20-18              (2)  may obtain for resale the monthly recurring flat
  20-19  rate local exchange telephone service and associated nonrecurring
  20-20  charges, including any mandatory extended area service, of an
  20-21  incumbent local exchange company at a five percent discount to the
  20-22  tariffed rate, and:
  20-23                    (A)  the incumbent local exchange company shall
  20-24  also sell any feature service that may be provided to customers in
  20-25  conjunction with local exchange service, including toll
  20-26  restriction, call control options, tone dialing, custom calling
  20-27  services, and caller ID at a five percent discount to the tariffed
  20-28  rate, including any associated nonrecurring charge for those
  20-29  services, provided that the incumbent local exchange company shall
  20-30  make available to a holder of a service provider certificate of
  20-31  operating authority at an additional five percent discount any
  20-32  discounts made available to the customers of the incumbent local
  20-33  exchange company who are similarly situated to the customers of the
  20-34  holder of the service provider certificate of operating authority;
  20-35                    (B)  service providers and incumbent local
  20-36  exchange companies may agree to rates lower than the tariffed rates
  20-37  or discounted rates;
  20-38                    (C)  the five percent discounts provided by this
  20-39  subdivision do not apply in exchanges of companies having fewer
  20-40  than 31,000 access lines in this state;
  20-41                    (D)  if the tariffed rates for the services being
  20-42  resold change, the changed rate is applicable to the resold
  20-43  service, but the commission may not, for holders of service
  20-44  provider certificates of operating authority, create a special
  20-45  class for purposes of resold services, and the discount provided to
  20-46  holders of service provider certificates of operating authority
  20-47  shall remain at five percent of the tariffed rate or discounted
  20-48  rate; and
  20-49                    (E)  the holder of a service provider certificate
  20-50  of operating authority may purchase for resale optional extended
  20-51  area service and expanded local calling service but those services
  20-52  may not be discounted;
  20-53              (3)  may sell the flat rate local exchange telephone
  20-54  service only to the same class of customers to which the incumbent
  20-55  local exchange company sells that service;
  20-56              (4)  may not use a resold flat rate local exchange
  20-57  telephone service to avoid the rates, terms, and conditions of an
  20-58  incumbent local exchange company's tariffs;
  20-59              (5)  may not terminate both flat rate local exchange
  20-60  telephone service and services obtained under the resale tariff
  20-61  approved as prescribed by Sections 3.453(a)-(c) of this Act on the
  20-62  same end user customer's premises;
  20-63              (6)  may not use resold flat rate local exchange
  20-64  telephone services to provide access services to other
  20-65  interexchange carriers, cellular carriers, competitive access
  20-66  providers, or other retail telecommunications providers, but may
  20-67  permit customers to use resold local exchange telephone services to
  20-68  access interexchange carriers, cellular carriers, competitive
  20-69  access providers, or other retail telecommunications providers;
  20-70              (7)  may obtain services offered by or negotiated with
   21-1  a holder of a certificate of convenience and necessity or
   21-2  certificate of operating authority; and
   21-3              (8)  may obtain for resale single or multiple line flat
   21-4  rate intraLATA calling service when provided by the local exchange
   21-5  company at the tariffed rate for online digital communications.
   21-6        (e)  The holder of a certificate of operating authority or
   21-7  certificate of convenience and necessity shall not be granted a
   21-8  service provider certificate of operating authority as to the same
   21-9  territory.  A holder of a service provider certificate of operating
  21-10  authority who applies for either a certificate of operating
  21-11  authority or a certificate of convenience and necessity as to the
  21-12  same territory must include a plan to relinquish its service
  21-13  provider certificate of operating authority.
  21-14        (f)  An incumbent local exchange company that sells flat rate
  21-15  local exchange telephone service to a holder of a service provider
  21-16  certificate of operating authority may retain all access service
  21-17  and "1+" intraLATA toll service originated over the resold flat
  21-18  rate local exchange telephone service.
  21-19        (g)  An incumbent local exchange company may not:
  21-20              (1)  delay provisioning or maintenance of services
  21-21  provided under this section;
  21-22              (2)  degrade the quality of access provided to another
  21-23  provider;
  21-24              (3)  impair the speed, quality, or efficiency of lines
  21-25  used by another provider;
  21-26              (4)  fail to fully disclose in a timely manner after a
  21-27  request for the disclosure all available information necessary for
  21-28  the holder of the service provider certificate of operating
  21-29  authority to provision resale services; or
  21-30              (5)  refuse to take any reasonable action to allow
  21-31  efficient access by a holder of a service provider certificate of
  21-32  operating authority to ordering, billing, or repair management
  21-33  systems of the local exchange company.
  21-34        (h)  In this section:
  21-35              (1)  "Affiliate" means any entity that, directly or
  21-36  indirectly, owns or controls, is owned or controlled by, or is
  21-37  under common ownership or control with a company that applies for a
  21-38  service provider certificate of operating authority under this
  21-39  section.
  21-40              (2)  "Control" means to exercise substantial influence
  21-41  over the policies and actions of another.
  21-42        SECTION 26.  Sections 3.255(a) and (b), Public Utility
  21-43  Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th
  21-44  Legislature, Regular Session, 1995, are amended to read as follows:
  21-45        (a)  If an area has been or shall be included within the
  21-46  boundaries of a city, town, or village as the result of annexation,
  21-47  incorporation, or otherwise, all telecommunications <public>
  21-48  utilities certified or entitled to certification under this Act to
  21-49  provide service or operate facilities in such area prior to the
  21-50  inclusion shall have the right to continue and extend service in
  21-51  its area of certification <public convenience and necessity> within
  21-52  the annexed or incorporated area, pursuant to the rights granted by
  21-53  its certificate and this Act.
  21-54        (b)  Notwithstanding any other provision of law, a
  21-55  certificated telecommunications <public> utility shall have the
  21-56  right to continue and extend service within its area of
  21-57  certification <public convenience and necessity> and to utilize the
  21-58  roads, streets, highways, alleys, and public property for the
  21-59  purpose of furnishing such retail utility service, subject to the
  21-60  authority of the governing body of a municipality to require any
  21-61  certificated telecommunications <public> utility, at its own
  21-62  expense, to relocate its facilities to permit the widening or
  21-63  straightening of streets by giving to the certificated
  21-64  telecommunications <public> utility 30 days' notice and specifying
  21-65  the new location for the facilities along the right-of-way of the
  21-66  street or streets.
  21-67        SECTION 27.  Sections 3.256 and 3.257, Public Utility
  21-68  Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th
  21-69  Legislature, Regular Session, 1995, are amended to read as follows:
  21-70        Sec. 3.256.  CONTRACTS VALID AND ENFORCEABLE.  Contracts
   22-1  between telecommunications <public> utilities designating areas to
   22-2  be served and customers to be served by those utilities, when
   22-3  approved by the commission, shall be valid and enforceable and
   22-4  shall be incorporated into the appropriate areas of certification
   22-5  <public convenience and necessity>.
   22-6        Sec. 3.257.  PRELIMINARY ORDER FOR CERTIFICATE.  If a
   22-7  telecommunications <public> utility desires to exercise a right or
   22-8  privilege under a franchise or permit which it contemplates
   22-9  securing but which has not as yet been granted to it, such
  22-10  telecommunications <public> utility may apply to the commission for
  22-11  an order preliminary to the issuance of the certificate.  The
  22-12  commission may thereupon make an order declaring that it will, on
  22-13  application, under such rules as it prescribes, issue the desired
  22-14  certificate on such terms and conditions as it designates, after
  22-15  the telecommunications <public> utility has obtained the
  22-16  contemplated franchise or permit.  On presentation to the
  22-17  commission of evidence satisfactory to it that the franchise or
  22-18  permit has been secured by the telecommunications <public> utility,
  22-19  the commission shall issue the certificate.
  22-20        SECTION 28.  Subtitle F, Title III, Public Utility Regulatory
  22-21  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  22-22  Regular Session, 1995, is amended by adding Section 3.2555 to read
  22-23  as follows:
  22-24        Sec. 3.2555.  DISCRIMINATION.  (a)  An applicant for a
  22-25  certificate of operating authority or service provider certificate
  22-26  of operating authority shall file with its application a sworn
  22-27  statement that it has applied for any necessary municipal consent,
  22-28  franchise, or permit required for the type of services and
  22-29  facilities for which it has applied.  Notwithstanding Section 1.103
  22-30  of this Act, a municipality may not discriminate against a
  22-31  telecommunications utility in relation to:
  22-32              (1)  the authorization or placement of
  22-33  telecommunications facilities within public right-of-way;
  22-34              (2)  access to buildings; or
  22-35              (3)  municipal utility pole attachment rates, terms,
  22-36  and conditions, to the extent not addressed by federal law.
  22-37        (b)  In the granting of consent, franchises, and permits for
  22-38  the use of public streets, alleys, or rights-of-way within its
  22-39  corporate municipal limits, a municipality may not discriminate in
  22-40  favor of or against a telecommunications utility that holds or has
  22-41  applied for a certificate of convenience and necessity, certificate
  22-42  of operating authority, or service provider certificate of
  22-43  operating authority all in relation to:
  22-44              (1)  the authorizing, placement, replacement, or
  22-45  removal of telecommunications facilities within public
  22-46  rights-of-way and the reasonable compensation therefor of whatever
  22-47  kind, whether money, services, use of facilities, or any other
  22-48  consideration; or
  22-49              (2)  municipal utility pole attachment or underground
  22-50  conduit rates, terms, and conditions, to the extent not addressed
  22-51  by federal law, provided that a municipal utility may not charge
  22-52  pole attachment rates or underground conduit rates that exceed the
  22-53  fee the utility would be permitted to charge if its rates were
  22-54  regulated under federal law and the rules of the Federal
  22-55  Communications Commission.
  22-56        (c)  Whenever a telecommunications utility holds a consent,
  22-57  franchise, or permit as determined to be the appropriate grants of
  22-58  authority by the municipality, and where required by this Act, a
  22-59  certificate, a public or private property owner may not:
  22-60              (1)  interfere with or prevent a telecommunications
  22-61  utility from installing on the owner's property telecommunications
  22-62  service facilities requested by a tenant;
  22-63              (2)  discriminate against one or more
  22-64  telecommunications utilities in relation to the installation,
  22-65  terms, conditions, and compensation of telecommunications services
  22-66  facilities to a tenant on the owner's property;
  22-67              (3)  demand or accept an unreasonable payment in any
  22-68  form from a tenant or a telecommunications utility for allowing the
  22-69  utility on or within the owner's property; or
  22-70              (4)  discriminate in favor or against a tenant in any
   23-1  manner, including rental charges, because of the telecommunications
   23-2  utility from which the tenant receives telecommunications services.
   23-3        (d)  Notwithstanding Subsection (c) of this section, whenever
   23-4  a telecommunications utility holds a municipal consent, franchise,
   23-5  or permit as determined to be the appropriate grant of authority by
   23-6  the municipality, and where required by this Act, a certificate, a
   23-7  public or private property owner may:
   23-8              (1)  impose conditions on such telecommunications
   23-9  utility that are reasonably necessary to protect the safety,
  23-10  security, appearance, and condition of the property and the safety
  23-11  and convenience of other persons;
  23-12              (2)  impose reasonable limitations on the times at
  23-13  which such telecommunications utility may have access to the
  23-14  property for the installation of telecommunications services
  23-15  facilities;
  23-16              (3)  require such telecommunications utility to agree
  23-17  to indemnify the owner of any damage caused by the installation,
  23-18  operation, or removal of the facilities;
  23-19              (4)  require the tenant or the telecommunications
  23-20  utility to bear the entire cost of the installation, operation, or
  23-21  removal of the facilities;
  23-22              (5)  impose reasonable limitations on the number of
  23-23  such telecommunications utilities having access to the owner's
  23-24  property if the owner can demonstrate space constraints that
  23-25  require such limitations; and
  23-26              (6)  require such telecommunications utility to pay
  23-27  compensation that is reasonable and nondiscriminatory among such
  23-28  telecommunications utilities.
  23-29        (e)  Notwithstanding any other provision of law, the
  23-30  commission has the jurisdiction necessary to enforce this section.
  23-31        (f)  Nothing in this Act shall restrict or limit a
  23-32  municipality's historical right to control and receive reasonable
  23-33  compensation for access to its public streets, alleys, or
  23-34  rights-of-way or other public property.
  23-35        (g)  Subsection (c) of this section does not apply to an
  23-36  institution of higher education.  In this subsection, "institution
  23-37  of higher education" has the meaning assigned by Section 61.003,
  23-38  Education Code, and also includes a "private or independent
  23-39  institution of higher education" as that term is defined by Section
  23-40  61.003, Education Code.
  23-41        (h)  The holder of a certificate of convenience and
  23-42  necessity, certificate of operating authority, or service provider
  23-43  certificate of operating authority shall have the right to collect
  23-44  the fee imposed by a municipality under this section through a pro
  23-45  rata charge to customers within the boundaries of the municipality
  23-46  imposing the fee, which may be shown as a separate line item on the
  23-47  customer bill.
  23-48        SECTION 29.  Subtitle F, Title III, Public Utility Regulatory
  23-49  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  23-50  Regular Session, 1995, is amended by adding Section 3.2571 to read
  23-51  as follows:
  23-52        Sec. 3.2571.  FLEXIBILITY PLAN.  After an application for a
  23-53  certificate of convenience and necessity, certificate of operating
  23-54  authority, or service provider certificate of operating authority
  23-55  is granted or the commission determines that a certificate is not
  23-56  needed for the services to be provided by the applicant, the
  23-57  commission shall conduct proceedings it determines appropriate to
  23-58  establish a transitional flexibility plan for the incumbent local
  23-59  exchange company in the same area or areas as the new certificate
  23-60  holder.  However, a basic local telecommunications service price of
  23-61  the incumbent local exchange company may not be increased until
  23-62  four years following the grant of the certificate to the applicant,
  23-63  except:
  23-64              (1)  as provided by this Act; or
  23-65              (2)  when the new applicant has completed its build-out
  23-66  plan required by Section 3.2531 or when the build-out requirements
  23-67  have been eliminated.
  23-68        SECTION 30.  Subtitle F, Title III, Public Utility Regulatory
  23-69  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  23-70  Regular Session, 1995, is amended by adding Section 3.2572 to read
   24-1  as follows:
   24-2        Sec. 3.2572.  MARKET POWER TEST.  (a)  Notwithstanding any
   24-3  other provision of this Act, on notice and hearing, the commission
   24-4  may grant price deregulation of a specific service in a particular
   24-5  geographic market if the commission determines that the incumbent
   24-6  local exchange company or certificate of operating authority holder
   24-7  that is a dominant provider is no longer dominant as to that
   24-8  specific service in that particular geographic market.  For
   24-9  purposes of this section only, in determining a particular
  24-10  geographic market, the commission shall consider economic and
  24-11  technical conditions of the market.  Once a service in a particular
  24-12  market is price-deregulated under this section, the incumbent local
  24-13  exchange company or certificate of operating authority holder that
  24-14  is a dominant provider may set the rate for the deregulated service
  24-15  at any level above the service's LRIC.
  24-16        (b)  To determine that an incumbent local exchange company or
  24-17  certificate of operating authority holder that is a dominant
  24-18  provider is no longer dominant as to a specific service in a
  24-19  particular geographic market, the commission must find that an
  24-20  effective competitive alternative exists and that the incumbent
  24-21  local exchange company or certificate of operating authority holder
  24-22  that is a dominant provider does not have sufficient market power
  24-23  to control the price of the service within a specified geographic
  24-24  area in a manner that is adverse to the public interest.
  24-25        (c)  The commission shall consider the following factors in
  24-26  determining whether the incumbent local exchange company or
  24-27  certificate of operating authority holder that is a dominant
  24-28  provider is dominant as to a specific service in a particular
  24-29  geographic area:
  24-30              (1)  number and size of telecommunications utilities or
  24-31  other persons providing the same, equivalent, or substitutable
  24-32  service in the relevant market and the extent to which the service
  24-33  is available in the relevant market;
  24-34              (2)  ability of customers in the relevant market to
  24-35  obtain the same, equivalent, or substitutable service at comparable
  24-36  rates, terms, and conditions;
  24-37              (3)  ability of telecommunications utilities or other
  24-38  persons to make the same, equivalent, or substitutable service
  24-39  readily available in the relevant market at comparable rates,
  24-40  terms, and conditions;
  24-41              (4)  proportion of the relevant market that is
  24-42  currently being provided the service by a telecommunications
  24-43  utility other than the incumbent local exchange company or
  24-44  certificate of operating authority holder that is a dominant
  24-45  carrier; and
  24-46              (5)  other relevant information deemed necessary by the
  24-47  commission.
  24-48        (d)  The commission, on its own motion, or on a complaint
  24-49  that the commission deems has merit, is granted all necessary power
  24-50  and authority to assert or reassert regulation over a specific
  24-51  service in a particular geographic market if the incumbent local
  24-52  exchange company or certificate of operating authority holder that
  24-53  is a dominant carrier is found to again be dominant or the provider
  24-54  of services under a certificate of operating authority or service
  24-55  provider certificate of operating authority is found to be dominant
  24-56  as to that specific service in that particular geographic market.
  24-57        (e)  On request of an incumbent local exchange company or
  24-58  certificate of operating authority holder that is a dominant
  24-59  carrier in conjunction with an application under this section, the
  24-60  commission shall conduct investigations to determine the existence,
  24-61  impact, and scope of competition in the particular geographic and
  24-62  service markets at issue and in connection therewith may call and
  24-63  hold hearings, may issue subpoenas to compel the attendance of
  24-64  witnesses and the production of papers and documents, has any other
  24-65  powers, whether specifically designated or implied, necessary and
  24-66  convenient to the investigation, and may make findings of fact and
  24-67  decisions with respect to those markets.
  24-68        (f)  The parties to the proceeding shall be entitled to use
  24-69  the results of the investigation required to be conducted under
  24-70  Subsection (e) of this section in an application for pricing
   25-1  flexibility.
   25-2        (g)  In conjunction with its authority to collect and compile
   25-3  information, the commission may collect reports from a holder of a
   25-4  certificate of operating authority or service provider certificate
   25-5  of operating authority.  Any information contained in the reports
   25-6  claimed to be confidential for competitive purposes shall be
   25-7  maintained as confidential by the commission, and the information
   25-8  is exempt from disclosure under Chapter 552, Government Code.  The
   25-9  commission shall aggregate the information to the maximum extent
  25-10  possible considering the purpose of the proceeding to protect the
  25-11  confidential nature of the information.
  25-12        SECTION 31.  Section 3.258(a), Public Utility Regulatory Act
  25-13  of 1995, as enacted by S.B.  319, Acts of the 74th Legislature,
  25-14  Regular Session, 1995, is amended to read as follows:
  25-15        (a)  Except as provided by this section, <or> Section 3.259,
  25-16  or Section 3.2595 of this Act, a telecommunications utility that is
  25-17  granted a certificate of convenience and necessity or certificate
  25-18  of operating authority shall be required to offer to any customer
  25-19  in its certificated area all basic local telecommunications
  25-20  services <the holder of any certificate of public convenience and
  25-21  necessity shall serve every consumer within its certified area> and
  25-22  shall render continuous and adequate service within the area or
  25-23  areas.  In any event, as between a holder of a certificate of
  25-24  convenience and necessity and a holder of a certificate of
  25-25  operating authority, the holder of the certificate of convenience
  25-26  and necessity has provider of last resort obligations.
  25-27        SECTION 32.  Section 3.259, Public Utility Regulatory Act of
  25-28  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  25-29  Session, 1995, is amended to read as follows:
  25-30        Sec. 3.259.  CONDITIONS REQUIRING REFUSAL OF SERVICE.  The
  25-31  holder of a certificate of public convenience and necessity,
  25-32  certificate of operating authority, or service provider certificate
  25-33  of operating authority shall refuse to serve a customer within its
  25-34  certified area if the holder of the certificate is prohibited from
  25-35  providing the service under Section 212.012 or 232.0047, Local
  25-36  Government Code.
  25-37        SECTION 33.  Subtitle F, Title III, Public Utility Regulatory
  25-38  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  25-39  Regular Session, 1995, is amended by adding Section 3.2595 to read
  25-40  as follows:
  25-41        Sec. 3.2595.  DISCONTINUATION OF SERVICE.  (a)
  25-42  Notwithstanding Section 3.258 of this Act, a telecommunications
  25-43  utility that holds a certificate of operating authority or service
  25-44  provider certificate of operating authority may:
  25-45              (1)  discontinue an optional service that is not
  25-46  essential to the provision of basic local telecommunications
  25-47  service; or
  25-48              (2)  cease operations within its certificated area.
  25-49        (b)  Before such telecommunications utility discontinues an
  25-50  optional service or ceases operations, the utility must provide
  25-51  notice of the intended action to the commission and each affected
  25-52  customer in the manner required by the commission.
  25-53        (c)  Such telecommunications utility is entitled to
  25-54  discontinue an optional service on or after the 61st day after the
  25-55  date on which the utility provides the notice required by
  25-56  Subsection (b) of this section.
  25-57        (d)  Such telecommunications utility may not cease operations
  25-58  within its certificated area unless:
  25-59              (1)  another provider of basic local telecommunications
  25-60  services has adequate facilities and capacity to serve the
  25-61  customers in the certificated area; and
  25-62              (2)  the commission authorizes the utility to cease
  25-63  operations.
  25-64        (e)  The commission may not authorize such telecommunications
  25-65  utility to cease operations under Subsection (d) of this section
  25-66  before the 61st day after the date on which the utility provides
  25-67  the notice required by Subsection (b) of this section.  The
  25-68  commission may enter an order under this subsection
  25-69  administratively unless the commission receives a complaint from an
  25-70  affected person.
   26-1        SECTION 34.  Section 3.260, Public Utility Regulatory Act of
   26-2  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   26-3  Session, 1995, is amended to read as follows:
   26-4        Sec. 3.260.  SALE, ASSIGNMENT, OR LEASE OF CERTIFICATE.  If
   26-5  the commission determines that a purchaser, assignee, or lessee is
   26-6  capable of rendering adequate service, a telecommunications
   26-7  <public> utility may sell, assign, or lease a certificate of public
   26-8  convenience and necessity or certificate of operating authority or
   26-9  any rights obtained under the certificate.  The sale, assignment,
  26-10  or lease shall be on the conditions prescribed by the commission.
  26-11        SECTION 35.  Section 3.261, Public Utility Regulatory Act of
  26-12  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  26-13  Session, 1995, is amended to read as follows:
  26-14        Sec. 3.261.  INTERFERENCE WITH OTHER TELECOMMUNICATIONS
  26-15  <PUBLIC> UTILITY.  If a telecommunications <public> utility in
  26-16  constructing or extending its lines, plant, or system interferes or
  26-17  attempts to interfere with the operation of a line, plant, or
  26-18  system of any other utility, the commission may issue an order
  26-19  prohibiting the construction or extension or prescribing terms and
  26-20  conditions for locating the lines, plants, or systems affected.
  26-21        SECTION 36.  Subtitle F, Title III, Public Utility Regulatory
  26-22  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  26-23  Regular Session, 1995, is amended by adding Section 3.2615 to read
  26-24  as follows:
  26-25        Sec. 3.2615.  DIRECTORY LISTINGS AND ASSISTANCE.  (a)
  26-26  Companies providing local exchange telephone service shall
  26-27  negotiate the terms and conditions of printed directory listings
  26-28  and directory assistance within overlapping certificated areas.
  26-29        (b)  On complaint by the incumbent local exchange company or
  26-30  the holder of the certificate of convenience and necessity,
  26-31  certificate of operating authority, or service provider certificate
  26-32  of operating authority, the commission may resolve disputes between
  26-33  the parties and, if necessary, issue an order setting the terms and
  26-34  conditions of the directory listings or directory assistance.
  26-35        (c)  This section does not affect the authority of an
  26-36  incumbent local exchange company to voluntarily conduct
  26-37  negotiations with an applicant for a certificate of convenience and
  26-38  necessity, certificate of operating authority, or service provider
  26-39  certificate of operating authority.
  26-40        SECTION 37.  Section 3.262, Public Utility Regulatory Act of
  26-41  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  26-42  Session, 1995, is amended to read as follows:
  26-43        Sec. 3.262.  IMPROVEMENTS IN SERVICE; INTERCONNECTING
  26-44  SERVICE; EXTENDED AREA TOLL-FREE TELEPHONE SERVICE.  (a)  After
  26-45  notice and hearing, the commission may:
  26-46              (1)  order a public utility to provide specified
  26-47  improvements in its service in a defined area, if service in such
  26-48  area is inadequate or is substantially inferior to service in a
  26-49  comparable area and it is reasonable to require the company to
  26-50  provide such improved service;
  26-51              (2)  order two or more utilities to establish specified
  26-52  facilities for the interconnecting service; <and>
  26-53              (3)  order a telephone company or telephone companies
  26-54  to provide extended area toll-free service within a specified
  26-55  metropolitan area where there is a sufficient community of interest
  26-56  within the area and such service can reasonably be provided; and
  26-57              (4)  order one or more telephone companies to provide
  26-58  optional extended area service within a specified calling area if
  26-59  provision of the service is jointly agreed to by the
  26-60  representatives of each affected telephone company and the
  26-61  representatives of a political subdivision or subdivisions within
  26-62  the proposed common calling area, provided that the proposed common
  26-63  calling area has a single, continuous boundary.
  26-64        (b)  If more than one political subdivision is affected by a
  26-65  proposed optional calling plan under Subsection (a)(4) of this
  26-66  section, the agreement of each political subdivision is not
  26-67  required.  The commission may not adopt rules that diminish in any
  26-68  manner the ability of a political subdivision or affected telephone
  26-69  company to enter into joint agreements for optional extended area
  26-70  calling service.  In this subsection and in Subsection (a)(4) of
   27-1  this section, "political subdivision" means a county or
   27-2  municipality or an unincorporated town or village that has 275 or
   27-3  more access lines.
   27-4        SECTION 38.  Subtitle F, Title III, Public Utility Regulatory
   27-5  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   27-6  Regular Session, 1995, is amended by adding Section 3.2625 to read
   27-7  as follows:
   27-8        Sec. 3.2625.  PAY TELEPHONES.  (a)  The right of a provider
   27-9  of pay telephone service to set the provider's rates and charges
  27-10  and the commission's authority over the pay telephone service rates
  27-11  of incumbent local exchange companies is expressly limited by this
  27-12  section.
  27-13        (b)  A provider of pay telephone service may not impose on
  27-14  pay phone end users any charge for local directory assistance or
  27-15  calls made under Chapter 771 or 772, Health and Safety Code.
  27-16        (c)  The commission shall establish a limit on the charge
  27-17  that may be imposed for a pay telephone coin sent-paid call within
  27-18  the local exchange company's toll-free calling area.  The
  27-19  commission may also establish a statewide ceiling on the charge
  27-20  that may be imposed by a provider of pay telephone service for
  27-21  local calls which are collect or operator-assisted or paid by
  27-22  credit card or calling card, provided that the commission shall not
  27-23  establish the ceiling at less than the applicable local rates for
  27-24  such calls of any of the four largest interexchange carriers
  27-25  operating in Texas.
  27-26        (d)  A provider of pay telephone service may impose a set use
  27-27  fee not exceeding 25 cents at the point at which the call is
  27-28  initiated for each "1-800" type call made from a pay telephone,
  27-29  provided that:
  27-30              (1)  except for pay telephones of local exchange
  27-31  companies, the pay telephone is registered with the commission and
  27-32  the provider certifies that the pay telephone is in compliance with
  27-33  commission rules regarding the provision of pay telephone service;
  27-34              (2)  the imposition of the set use fee is not
  27-35  inconsistent with federal law;
  27-36              (3)  the fee is not imposed for any local call, 9-1-1
  27-37  call, or local directory assistance call;
  27-38              (4)  the fee is not imposed for a call that is covered
  27-39  by the Telephone Operator Consumer Services Improvement Act of 1990
  27-40  (47 U.S.C. Section 226);
  27-41              (5)  the pay telephone service provider causes to be
  27-42  posted on each pay telephone instrument, in plain sight of the user
  27-43  and in a manner consistent with existing commission requirements
  27-44  for posting information, the fact that the surcharge will apply to
  27-45  those calls; and
  27-46              (6)  the commission may not impose on a local exchange
  27-47  company the duty or obligation to record the use of pay telephone
  27-48  service, bill or collect for the use, or remit the fee provided by
  27-49  this subsection to the provider of the service.
  27-50        (e)  A provider of pay telephone service, other than an
  27-51  incumbent local exchange company, may not charge for credit card,
  27-52  calling card, or live or automated operator-handled calls a rate or
  27-53  charge that is an amount greater than the authorized rates and
  27-54  charges published, in the eight newspapers having the largest
  27-55  circulation in this state, on March 18, 1995, provided that the pay
  27-56  phone rates of an incumbent local exchange company subject to
  27-57  Subtitle H of this title are governed by that subtitle.  The
  27-58  published rates remain in effect until changed by the legislature.
  27-59        (f)  The commission shall adopt rules within 180 days from
  27-60  the effective date of this section that require every provider of
  27-61  pay telephone service not holding a certificate of convenience and
  27-62  necessity to register with the commission.  A provider of pay
  27-63  telephone service must be registered  with  the commission in order
  27-64  to do business in this state.
  27-65        (g)  The commission may order disconnection of service for up
  27-66  to one year for repeat violations of commission rules.
  27-67        (h)  The commission may adopt rules regarding information to
  27-68  be posted on pay telephone instruments, but those rules may not
  27-69  require a provider of pay telephone service or an affiliate of a
  27-70  provider to police the compliance  with those rules by another
   28-1  provider of pay telephone service.
   28-2        (i)  In this section, "provider of pay telephone service"
   28-3  means a subscriber to customer-owned pay telephone service, an
   28-4  incumbent local exchange company providing pay telephone service,
   28-5  and any other entity providing pay telephone service.
   28-6        SECTION 39.  Section 3.263(a), Public Utility Regulatory Act
   28-7  of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   28-8  Regular Session, 1995, is amended to read as follows:
   28-9        (a)  The commission at any time after notice and hearing may
  28-10  revoke or amend any certificate of convenience and necessity,
  28-11  certificate of operating authority, or service provider certificate
  28-12  of operating authority if it finds that the certificate holder has
  28-13  never provided or is no longer providing service in the area or
  28-14  part of the area covered by the certificate.
  28-15        SECTION 40.  Section 3.302, Public Utility Regulatory Act of
  28-16  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  28-17  Session, 1995, is amended by adding Subsection (i) to read as
  28-18  follows:
  28-19        (i)  A commercial mobile service provider may offer caller
  28-20  identification services under the same terms and conditions
  28-21  provided by Subsections (c)-(f) of this section.
  28-22        SECTION 41.  Subtitle G, Title III, Public Utility Regulatory
  28-23  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  28-24  Regular Session, 1995, is amended by adding Section 3.3025 to read
  28-25  as follows:
  28-26        Sec. 3.3025.  CALLER ID SERVICES:  CONSUMER INFORMATION.  (a)
  28-27  When a customer requests per-line blocking through the commission,
  28-28  the telecommunications provider shall notify the customer by mail
  28-29  of the effective date that per-line blocking will be instituted.
  28-30  When a telecommunications provider providing Caller ID service to a
  28-31  customer originating a call becomes aware of a failure to block the
  28-32  delivery of the calling party's identification information from a
  28-33  line equipped with per-call blocking or per-line blocking of Caller
  28-34  ID information, it shall report such failure to the panel, the
  28-35  commission, and the affected customer if that customer did not
  28-36  report the failure.  A reasonable effort shall be made to notify
  28-37  the affected customer within 24 hours after the provider becomes
  28-38  aware of such failure.
  28-39        (b)  The commission shall form the Caller ID Consumer
  28-40  Education Panel.  The panel shall consist of one person appointed
  28-41  by the governor, one person appointed by the chair of the
  28-42  commission, after consultation with the Texas Council on Family
  28-43  Violence, and one person appointed by the public counsel of the
  28-44  Office of Public Utility Counsel.  The panel shall meet at least
  28-45  quarterly and shall file an annual report with the commission
  28-46  regarding the level of effort and effectiveness of consumer
  28-47  education materials and its recommendations for increasing the safe
  28-48  use and privacy of the calling customer and decreasing the
  28-49  likelihood of harm resulting from Caller ID services.  The
  28-50  commission may implement the recommendations of the panel and
  28-51  interested parties to the extent consistent with the public
  28-52  interest.  The panel shall disband on September 1, 1999, unless
  28-53  reauthorized by statute.
  28-54        (c)  All providers offering Caller ID services shall file
  28-55  with the Caller ID Consumer Educational Panel, no later than the
  28-56  effective date of this Act, all existing Caller ID materials used
  28-57  on or before September 1, 1995.  All future materials shall be
  28-58  provided when they become available.  The panel shall also
  28-59  investigate whether educational materials are distributed in as
  28-60  effective a manner as marketing materials.
  28-61        (d)  For purposes of this section, "Caller ID services"
  28-62  include Caller ID and any other service which permits the called
  28-63  party to determine the identity, telephone number, or address of
  28-64  the calling party, except Caller ID services do not include 911
  28-65  services.
  28-66        (e)  For purposes of this section, "Caller ID materials"
  28-67  shall include any advertisements, educational material, training
  28-68  materials, audio and video marketing devices, and any information
  28-69  disseminated about Caller ID services.
  28-70        SECTION 42.  Section 3.303, Public Utility Regulatory Act of
   29-1  1995, as enacted by S.B. 319, Acts of the 74th Legislature, Regular
   29-2  Session, 1995, is amended to read as follows:
   29-3        Sec. 3.303.  INTEREXCHANGE SERVICES; INCUMBENT LOCAL EXCHANGE
   29-4  COMPANIES' RATES.  Incumbent local <Local> exchange companies'
   29-5  rates for interexchange telecommunications services must be
   29-6  statewide average rates unless the commission on application and
   29-7  hearing orders otherwise.  Nothing in this section limits an
   29-8  incumbent <a> local exchange company's ability to enter into
   29-9  contracts for high speed private line services of 1.544 megabits or
  29-10  greater under the provisions of Section 3.051 of this Act.
  29-11        SECTION 43.  Sections 3.304(a) and (b), Public Utility
  29-12  Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th
  29-13  Legislature, Regular Session, 1995, are amended to read as follows:
  29-14        (a)  To address telephone calling needs between nearby
  29-15  telephone exchanges, the commission shall initiate a rulemaking
  29-16  proceeding to approve rules to provide for an expedited hearing to
  29-17  allow the expanding of toll-free calling areas according to the
  29-18  following criteria:
  29-19              (1)  Toll-free calling boundaries may only be expanded
  29-20  under this section after the filing of a petition signed by the
  29-21  lesser of five percent of the subscribers or 100 subscribers within
  29-22  an exchange.  If such a petition is filed with the commission, the
  29-23  commission shall order the incumbent local exchange company to
  29-24  provide for the balloting of its subscribers within the petitioning
  29-25  exchange and, if there is an affirmative vote of at least 70
  29-26  percent of those responding, the commission shall consider the
  29-27  request.
  29-28              (2)  The commission shall provide for the expansion of
  29-29  toll-free calling areas for each incumbent local exchange customer
  29-30  in the petitioning exchange if the petitioning exchange serves not
  29-31  more than 10,000 lines and if:
  29-32                    (A)  the central switching office of the
  29-33  petitioning exchange is located within 22 miles utilizing vertical
  29-34  and horizontal geographic coordinates of the central switching
  29-35  office of the exchange requested for toll-free calling service; or
  29-36                    (B)  the petitioning exchange shall demonstrate
  29-37  in its petition that it shares a community of interest with the
  29-38  exchange requested for toll-free calling service.  For purposes of
  29-39  this paragraph, "community of interest" includes areas that have a
  29-40  relationship because of schools, hospitals, local governments,
  29-41  business centers, and other relationships the unavailability of
  29-42  which would cause a hardship to the residents of the area but shall
  29-43  <need> not include an area where the affected central offices are
  29-44  more than 50 miles apart.
  29-45              (3)(A)  The incumbent local exchange company shall
  29-46  recover all of its costs incurred and all loss of revenue from any
  29-47  expansion of toll-free calling areas under this section through a
  29-48  request other than a revenue requirement showing by:
  29-49                          (i)  a monthly fee for toll-free calling
  29-50  service of not more than $3.50 per line for residential customers
  29-51  nor more than $7 per line for business customers for up to five
  29-52  exchanges, together with an additional monthly fee of $1.50 per
  29-53  line for each exchange in excess of five, whether obtained in one
  29-54  or more petitions, to be collected from all such residential or
  29-55  business customers in the petitioning exchange and only until the
  29-56  incumbent local exchange company's next general rate case;
  29-57                          (ii)  a monthly fee for toll-free calling
  29-58  service for all of the incumbent local exchange company's local
  29-59  exchange service customers in the state in addition to the
  29-60  company's current local exchange rates; or
  29-61                          (iii)  both (i) and (ii).
  29-62                    (B)  An incumbent <A> local exchange company may
  29-63  not recover regulatory case expenses under this section by
  29-64  surcharging petitioning exchange subscribers.
  29-65        (b)(1)  The commission and an incumbent <a> local exchange
  29-66  company are not required to comply with this section with regard to
  29-67  a petitioning exchange or petitioned exchange if:
  29-68                    (A)  the commission determines that there has
  29-69  been a good and sufficient showing of a geographic or technological
  29-70  infeasibility to serve the area;
   30-1                    (B)  the incumbent local exchange company has
   30-2  less than 10,000 lines;
   30-3                    (C)  the petitioning or petitioned exchange is
   30-4  served by a cooperative;
   30-5                    (D)  extended area service or extended
   30-6  metropolitan service is currently available between the petitioning
   30-7  and petitioned exchanges; or
   30-8                    (E)  the petitioning or petitioned exchange is a
   30-9  metropolitan exchange.
  30-10              (2)  The commission may expand the toll-free calling
  30-11  area into an exchange not within a metropolitan exchange but within
  30-12  the local calling area contiguous to a metropolitan exchange that
  30-13  the commission determines to have a community of interest
  30-14  relationship with the petitioning exchange.  For the purposes of
  30-15  this section, metropolitan exchange, local calling area of a
  30-16  metropolitan exchange, and exchange have the meanings and
  30-17  boundaries as defined and approved by the commission on September
  30-18  1, 1993.  However, under no circumstances shall a petitioning or
  30-19  petitioned exchange be split in the provision of a toll-free
  30-20  calling area.
  30-21        SECTION 44.  Subtitle G, Title III, Public Utility Regulatory
  30-22  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  30-23  Regular Session, 1995, is amended by adding Section 3.308 to read
  30-24  as follows:
  30-25        Sec. 3.308.  CHARGE FOR EXTENDED AREA SERVICE.  (a)  An
  30-26  incumbent local exchange company serving more than one million
  30-27  access lines in this state that provides mandatory two-way extended
  30-28  area service to customers for a separately stated monthly charge of
  30-29  more than $3.50 per line for residential customers and $7 per line
  30-30  for business customers shall file with the commission to reduce its
  30-31  monthly rates for that extended area service to $3.50 per line for
  30-32  residential customers and $7 per line for business customers.  The
  30-33  incumbent local exchange company shall recover all of its costs
  30-34  incurred and all loss of revenue that results from implementation
  30-35  of those rates in the manner prescribed by Section
  30-36  3.304(a)(3)(A)(ii) of this Act.
  30-37        (b)  The commission and an incumbent local exchange company
  30-38  are not required to comply with this section with regard to the
  30-39  separately stated monthly charges for the provision of mandatory
  30-40  two-way extended area service if the charge is for extended area
  30-41  service in or into a metropolitan exchange or the charge is for
  30-42  extended metropolitan service.
  30-43        SECTION 45.  (a)  Subtitle G, Title III, Public Utility
  30-44  Regulatory Act of 1995, as enacted by S.B. 319, Acts of the 74th
  30-45  Legislature, Regular Session, 1995, is amended by adding Section
  30-46  3.309 to read as follows:
  30-47        Sec. 3.309.  (a)  A private for-profit publisher of a
  30-48  residential telephone directory that is distributed to the public
  30-49  at minimal or no cost shall include in the directory a listing of
  30-50  any toll-free and local telephone numbers of state agencies and
  30-51  state public services and of each state elected official who
  30-52  represents all or part of the geographical area for which the
  30-53  directory contains listings.
  30-54        (b)  The listing required by this section must be clearly
  30-55  identified and must be located or clearly referenced at the front
  30-56  of the directory before the main listing of residential and
  30-57  business telephone numbers.  The listing is not required to exceed
  30-58  a length equivalent to two 8-1/2-inch by 11-inch pages,
  30-59  single-spaced in eight-point type.
  30-60        (c)  The commission may adopt rules to implement this
  30-61  section, including rules specifying the format of the listing and
  30-62  criteria for inclusion of agencies, services, and officials.  The
  30-63  commission, with the cooperation of other state agencies, shall
  30-64  compile relevant information to ensure accuracy of information in
  30-65  the listing and shall provide the information to a
  30-66  telecommunications utility or telephone directory publisher within
  30-67  a reasonable time after a request by the utility or publisher.
  30-68        (b)  This section takes effect September 1, 1995, and applies
  30-69  only to a telephone directory published on or after September 1,
  30-70  1996.
   31-1        SECTION 46.  Subtitle G, Title III, Public Utility Regulatory
   31-2  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
   31-3  Regular Session, 1995, is amended by adding Section 3.310 to read
   31-4  as follows:
   31-5        Sec. 3.310.   A telecommunications utility or an affiliate of
   31-6  that utility that publishes a residential or business telephone
   31-7  directory that is distributed to the public shall publish the name
   31-8  of each state senator or representative who represents all or part
   31-9  of the geographical area for which the directory contains listings.
  31-10        SECTION 47.  Subtitle G, Title III, Public Utility Regulatory
  31-11  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  31-12  Regular Session, 1995, is amended by adding Section 3.311 to read
  31-13  as follows:
  31-14        Sec. 3.311.  HUNTING SERVICE.  Local exchange companies shall
  31-15  make available, at a reasonable tariffed rate, hunting service from
  31-16  local exchange lines to extended metropolitan service lines.  The
  31-17  customer may not be required to purchase additional extended
  31-18  metropolitan service in order to purchase hunting service from
  31-19  local exchange service to extended metropolitan service.
  31-20        SECTION 48.  The Public Utility Regulatory Act of 1995, as
  31-21  enacted by S.B. 319, Acts of the 74th Legislature, Regular Session,
  31-22  1995, is amended by amending Subtitles H and I and adding Subtitles
  31-23  J-O to read as follows:
  31-24        SUBTITLE H.  INCENTIVE REGULATION OF TELECOMMUNICATIONS
  31-25        Sec. 3.351.  POLICY.  Given the current status of competition
  31-26  in the telecommunications industry, it is the policy of the
  31-27  legislature to:
  31-28              (1)  provide a framework for an orderly transition from
  31-29  traditional return on invested capital regulation to a fully
  31-30  competitive telecommunications marketplace where all
  31-31  telecommunications providers compete on fair terms;
  31-32              (2)  preserve and enhance universal telecommunications
  31-33  service at affordable rates;
  31-34              (3)  upgrade the telecommunications infrastructure of
  31-35  this state;
  31-36              (4)  promote network interconnectivity; and
  31-37              (5)  promote diversity in the supply of
  31-38  telecommunications services and innovative products and services
  31-39  throughout the entire state, both urban and rural.
  31-40        Sec. 3.352.  ELECTION AND BASKETS OF SERVICES.  (a)  After
  31-41  the enactment of this subtitle, an incumbent local exchange company
  31-42  may notify the commission in writing of the company's election to
  31-43  be regulated under this subtitle.  The notice must state the
  31-44  company's commitment to limit any increase in the rates charged for
  31-45  a four-year period for the services included in Section 3.353 of
  31-46  this Act and its infrastructure commitment as described by Section
  31-47  3.358 of this Act.
  31-48        (b)(1)  The services provided by an incumbent local exchange
  31-49  company electing incentive regulation under this subtitle
  31-50  ("electing company") shall be initially classified into three
  31-51  categories or "baskets":
  31-52                    (A)  "Basket I: basic network services";
  31-53                    (B)  "Basket II: discretionary services"; and
  31-54                    (C)  "Basket III: competitive services."
  31-55              (2)  The commission shall have the authority to
  31-56  reclassify a service from Basket I to Basket II or Basket III, or
  31-57  from Basket II to Basket III, consistent with the criteria
  31-58  prescribed by Section 3.357 of this Act.
  31-59        (c)  An electing company's telecommunications services shall
  31-60  be regulated under this subtitle regardless of whether that company
  31-61  is a "dominant carrier" as that term is defined by Section 3.002 of
  31-62  this Act.
  31-63        (d)  If, subsequent to the enactment of this subtitle, an
  31-64  incumbent local exchange company notifies the commission in writing
  31-65  of its election to incentive regulation under this subtitle, the
  31-66  company may not under any  circumstances be subject to any
  31-67  complaint, hearing, or determination as to the reasonableness of
  31-68  its rates, its overall revenues, its return on invested capital, or
  31-69  its net income.  However, the company's implementation and
  31-70  enforcement of the competitive safeguards required by Subtitle J of
   32-1  this title are not excluded from a complaint, hearing, or
   32-2  determination.  Nothing herein restricts any consumer's right to
   32-3  complain to the commission regarding quality of service, the
   32-4  commission's right to enforce quality of service standards, or the
   32-5  consumer's right to complain regarding the application of an
   32-6  ambiguous tariff, and if the commission finds an ambiguity, the
   32-7  commission's right to determine the proper application of the
   32-8  tariff or to determine the proper rate if the tariff is found to
   32-9  not apply, but this does not permit the commission to lower a
  32-10  tariff rate except as specifically provided by this Act, to change
  32-11  its interpretation of a tariff, or to change a tariff so as to
  32-12  extend its application to new classes of customers.
  32-13        Sec. 3.353.  BASKET I:  BASIC NETWORK SERVICES.  (a)  The
  32-14  following services shall initially be classified as basic network
  32-15  services in Basket I as of September 1, 1995:
  32-16              (1)  flat rate residential and business local exchange
  32-17  telephone service, including primary directory listings and the
  32-18  receipt of a directory and any applicable mileage or zone charges;
  32-19              (2)  tone dialing service;
  32-20              (3)  lifeline and tel-assistance services;
  32-21              (4)  service connection charges for basic services;
  32-22              (5)  direct inward dialing service for basic services;
  32-23              (6)  private pay telephone access service;
  32-24              (7)  call trap and trace service;
  32-25              (8)  access to 911 service where provided by a local
  32-26  authority and access to dual party relay service;
  32-27              (9)  switched access service;
  32-28              (10)  interconnection to competitive providers;
  32-29              (11)  mandatory extended area service arrangements;
  32-30              (12)  mandatory extended metropolitan service or other
  32-31  mandatory toll-free calling arrangements;
  32-32              (13)  interconnection for commercial mobile service
  32-33  providers;
  32-34              (14)  directory assistance; and
  32-35              (15)  1+ intraLATA message toll service.
  32-36        (b)  On an incumbent local exchange company's election under
  32-37  Section 3.352 of this Act, increases in rates for basic network
  32-38  services are permitted only with commission approval and only
  32-39  within the parameters specified by Subsection (c) of this section
  32-40  for four years following the election.  Notwithstanding the
  32-41  requirements prescribed by Section 3.457 of this Act, rates for
  32-42  basic network services may be decreased at any time on the
  32-43  initiative of the electing company to a floor above long run
  32-44  incremental cost for switched access service or the appropriate
  32-45  cost for any basic local telecommunications service, which shall be
  32-46  long run incremental cost as to any incumbent local exchange
  32-47  company that is required by the commission to perform long run
  32-48  incremental cost studies or elects to perform those studies.  This
  32-49  section does not affect the charges permitted under Section 3.304,
  32-50  3.308, or 3.608 of this Act.  The commission may not increase
  32-51  service standards applicable to the provision of local exchange
  32-52  telephone service by an electing company if the increased
  32-53  investment required to comply with the increased standard exceeds
  32-54  in any one year 10 percent of the incumbent local exchange
  32-55  company's average annual intrastate additions in capital investment
  32-56  for the most recent five-year period.  In calculating the average,
  32-57  the incumbent local exchange company shall exclude extraordinary
  32-58  investments made during that five-year period.
  32-59        (c)(1)  Rates for basic network services may be changed in
  32-60  the following circumstances and only with commission approval that
  32-61  the proposed change is included in this subsection.
  32-62              (2)  On motion of an electing incumbent local exchange
  32-63  company or on its own motion, the commission shall proportionally
  32-64  adjust prices for services to reflect changes in Federal
  32-65  Communications Commission separations affecting intrastate net
  32-66  income by 10 percent or more.
  32-67              (3)  If, after 42 months after the date of the
  32-68  incumbent local exchange company's election, an electing company in
  32-69  this state with less than five million access lines is in
  32-70  compliance with its infrastructure commitment, all quality of
   33-1  services requirements, and all commission rules enacted under
   33-2  Subtitle J of this title, on application of the incumbent local
   33-3  exchange company, the commission may undertake a proceeding to
   33-4  review the need for changes in the rates of services.  The
   33-5  application may request that the commission adjust rates, implement
   33-6  new pricing plans, restructure rates, or rebalance revenues between
   33-7  services to recognize changed market conditions and the effects of
   33-8  competitive entry.  The commission may use an index and a
   33-9  productivity offset in determining these changes.  The commission
  33-10  may not order an increase in residential local exchange telephone
  33-11  service that would cause those rates to increase by more than the
  33-12  United States Consumer Price Index in any 12-month period.  In no
  33-13  case may the new monthly rate exceed the nationwide average of
  33-14  local exchange telephone service rates for like services.
  33-15              (4)  Notwithstanding the commitments made under Section
  33-16  3.352 of this Act, a rate group reclassification occurring as a
  33-17  result of access lines growth shall be allowed by the commission on
  33-18  request of the electing company.
  33-19        (d)(1)  Except as provided by Section 3.2572 of this Act, the
  33-20  regulation of basic network services of an electing company shall,
  33-21  to the extent not inconsistent with this subtitle, be governed by:
  33-22                    (A)  Title I of this Act;
  33-23                    (B)  this subtitle;
  33-24                    (C)  Subtitles A, B, C, F, G, J, K, and L of this
  33-25  title;
  33-26                    (D)  Sections 3.201, 3.202, 3.204, 3.210, 3.211,
  33-27  3.215, 3.216, 3.217, 3.218, and 3.219 of this Act; and
  33-28                    (E)  all commission procedures and rules not
  33-29  inconsistent with this subtitle.
  33-30              (2)  Changes to the terms and conditions of the tariff
  33-31  offering of a basic network service, other than price changes,
  33-32  continue to require commission approval.
  33-33        (e)  The rates capped in Subsection (b) of this section as a
  33-34  result of a company's election shall be the rates charged by the
  33-35  company on June 1, 1995, without regard to proceedings pending
  33-36  under Section 1.301 or 3.210 of this Act or under Subchapter G,
  33-37  Chapter 2001, Government Code.
  33-38        Sec. 3.354.  RATE ADJUSTMENT PROCEDURES.  (a)  An electing
  33-39  company may adjust its rates for basic network services under
  33-40  Section 3.353(c) of this Act on notice to the commission.  The
  33-41  notice to the commission of a rate adjustment must be accompanied
  33-42  with sufficient documentary support to demonstrate that the rate
  33-43  adjustment meets the criteria prescribed by Section 3.353(c) of
  33-44  this Act.  The commission shall establish by rule or order the
  33-45  documentation to be required under this subsection.
  33-46        (b)  Notice to customers shall be published once in a
  33-47  newspaper of general circulation in the service area to be affected
  33-48  within a reasonable time period after the notice for a rate
  33-49  adjustment is provided to the commission, and shall be included in
  33-50  or on the bill of each affected consumer in the next billing
  33-51  subsequent to the filing with the commission.  The notice shall
  33-52  contain a title that includes the name of the company and the words
  33-53  "NOTICE OF POSSIBLE RATE CHANGE."  The notice shall contain the
  33-54  following information:
  33-55              (1)  a statement that the consumer's rate may change;
  33-56              (2)  an estimate of the amount of the annual change for
  33-57  the typical residential, business, or access consumers that would
  33-58  result if the rate adjustment is approved by the commission, which
  33-59  estimate shall be printed in a type style and size that are
  33-60  distinct from and larger than the type style and size of the body
  33-61  of the notice; and
  33-62              (3)  a statement that a consumer who wants to comment
  33-63  on the rate adjustment or who wants additional details regarding
  33-64  the rate adjustment may call or write the commission, which
  33-65  statement must include  the telephone number and address of the
  33-66  commission and a statement that additional details will be provided
  33-67  free of charge to the consumer at the expense of the company.
  33-68        (c)  The commission shall review the adjusted rates to ensure
  33-69  that the proposed adjustment conforms to the requirements of
  33-70  Section 3.353(c) of this Act.  A rate adjustment under Section
   34-1  3.353(c)(2), (3), (4), or (5) of this Act takes effect 90 days
   34-2  after the date of completion of notice.
   34-3        (d)  An incumbent local exchange company that has five
   34-4  percent or fewer of the total access lines in this state may adopt
   34-5  the cost, if determined based on a long run incremental cost study,
   34-6  for the same or substantially similar services offered by a larger
   34-7  incumbent local exchange company without the requirement of
   34-8  presenting long run incremental cost studies of its own.
   34-9        (e)  Either by complaint filed by an affected party or on the
  34-10  commission's own motion at any time before the rate adjustment
  34-11  takes effect, the commission may suspend the effective date of the
  34-12  rate adjustment and hold a hearing to review a rate set under
  34-13  Section 3.353(c)(2), (3), (4), or (5) of this Act and after the
  34-14  review issue an order approving, modifying, or rejecting the rate
  34-15  adjustment if it is not in compliance with the applicable
  34-16  provisions.  Any order modifying or rejecting the proposed rate
  34-17  adjustment shall specify each reason why the proposed adjustment is
  34-18  not in compliance with the applicable provisions of Section
  34-19  3.353(c)(2), (3), (4), or (5) of this Act and the means by which
  34-20  the proposed adjustment may be brought into compliance.
  34-21        (f)  Any rate restructure under Section 3.353(c) of this Act
  34-22  shall follow the notice and hearing procedures prescribed by
  34-23  Sections 3.211(a)-(c) of this Act, except as otherwise provided in
  34-24  this section.
  34-25        Sec. 3.355.  BASKET II:  DISCRETIONARY SERVICES.  (a)  Basket
  34-26  II services include all services or functions provided by the
  34-27  electing company that have not been granted pricing flexibility in
  34-28  a particular geographic market and that have not been listed under
  34-29  Basket I or III.
  34-30        (b)  The following services are initially classified as
  34-31  discretionary services in Basket II as of September 1, 1995:
  34-32              (1)  1+ intraLATA message toll services, where
  34-33  intraLATA equal access is available;
  34-34              (2)  0+, 0- operator services;
  34-35              (3)  call waiting, call forwarding, and custom calling
  34-36  features not listed in Basket III;
  34-37              (4)  call return, caller ID, and call control options
  34-38  not listed in Basket III;
  34-39              (5)  central office based PBX-type services;
  34-40              (6)  billing and collection services;
  34-41              (7)  integrated services digital network (ISDN)
  34-42  services; and
  34-43              (8)  new services.
  34-44        (c)  The commission may reclassify a service from Basket I to
  34-45  Basket II or Basket III, or from Basket II to Basket III,
  34-46  consistent with the criteria prescribed by Section 3.357 of this
  34-47  Act.
  34-48        (d)  The prices for each Basket II service or function
  34-49  provided by the electing company shall be set above the LRIC cost.
  34-50  The commission shall set the reasonable price ceiling over and
  34-51  above LRIC cost, but the ceiling may not be set below or above the
  34-52  rate in effect on September 1, 1995, without regard to proceedings
  34-53  pending under Section 1.301 or 3.210 of this Act or under
  34-54  Subchapter G, Chapter 2001, Government Code.  The ceiling may be
  34-55  raised only after the proceedings required under Subtitle J of this
  34-56  title.  Thereafter, on application by the electing company or on
  34-57  the commission's own motion, the commission may change the price
  34-58  ceiling but may not increase the ceiling more than 10 percent
  34-59  annually.  Within the range of the LRIC floor and the price
  34-60  ceiling, the incumbent local exchange company may change the price
  34-61  of each service, including using volume and term discounts, zone
  34-62  density pricing, packaging of services, customer specific pricing,
  34-63  and other promotional pricing flexibility, but shall notify the
  34-64  commission of each change.  The placement of a service in Basket II
  34-65  does not preclude an incumbent local exchange company from using
  34-66  any of the regulatory treatments authorized by or under Section
  34-67  3.051 of this Act.  Discounts and other forms of pricing
  34-68  flexibility may not be preferential, prejudicial, or
  34-69  discriminatory.
  34-70        Sec. 3.356.  BASKET III:  COMPETITIVE SERVICES.  (a)  The
   35-1  following services are Basket III competitive services and shall be
   35-2  subject to pricing flexibility as of September 1, 1995:
   35-3              (1)  services described in the WATS tariff as of
   35-4  January 1, 1995;
   35-5              (2)  800 and foreign exchange services;
   35-6              (3)  private line service;
   35-7              (4)  special access service;
   35-8              (5)  services from public pay telephones;
   35-9              (6)  paging services and mobile services (IMTS);
  35-10              (7)  911 premises equipment;
  35-11              (8)  speed dialing; and
  35-12              (9)  three-way calling.
  35-13        (b)  The commission may reclassify a service from Basket I to
  35-14  Basket II or Basket III or from Basket II to Basket III, consistent
  35-15  with the criteria prescribed by Section 3.357 of this Act.
  35-16        (c)  The electing company may set the price for the service
  35-17  at any level above the service's LRIC, in compliance with the
  35-18  imputation rules established under Subtitle J of this title.
  35-19  Permissible pricing flexibility includes volume and term discounts,
  35-20  zone density pricing, packaging of services, customer specific
  35-21  contracts, and other promotional pricing flexibility, subject to
  35-22  the requirements of Section 3.451 of this Act.  Discounts and other
  35-23  forms of pricing flexibility may not be preferential, prejudicial,
  35-24  or discriminatory.  However, an electing incumbent local exchange
  35-25  company may not increase the price of a service in a geographic
  35-26  area in which that service or a functionally equivalent service is
  35-27  not readily available from another provider.
  35-28        (d)  Not later than January 1, 2000, the commission shall
  35-29  initiate a review and evaluation of any incumbent local exchange
  35-30  company electing treatment under this subtitle or Subtitle I of
  35-31  this title to review and evaluate the effects of the election,
  35-32  including consumer benefits, impact of competition, infrastructure
  35-33  investments, and quality of service.  The commission shall file a
  35-34  report and its recommendations to the legislature by January 1,
  35-35  2001, as to whether the incentive regulation plan should be
  35-36  extended, modified, eliminated, or replaced with some other form of
  35-37  regulation.  The legislature, based on the commission's report, may
  35-38  authorize the commission to take action to extend, modify,
  35-39  eliminate, or replace the incentive plan provided by this subtitle
  35-40  and Subtitle I of this title.
  35-41        Sec. 3.357.  TRANSFERRING SERVICES.  (a)  In determining
  35-42  whether to transfer services from Basket I to Basket II or Basket
  35-43  III, or from Basket II to Basket III, the commission shall
  35-44  establish standards that consider factors including:
  35-45              (1)  availability of the service from other providers;
  35-46              (2)  the proportion of the market that currently
  35-47  receives the service;
  35-48              (3)  the effect of the transfer on subscribers of the
  35-49  service; and
  35-50              (4)  the nature of the service.
  35-51        (b)  The commission may not transfer a service from one
  35-52  basket to another until full implementation of all competitive
  35-53  safeguards required by Sections 3.452, 3.453, 3.454, 3.455, 3.456,
  35-54  3.457, and 3.458 of this Act.
  35-55        Sec. 3.358.  INFRASTRUCTURE.  (a)  It is the goal of this
  35-56  State to facilitate and promote the deployment of an advanced
  35-57  telecommunications infrastructure in order to spur economic
  35-58  development throughout Texas.  Texas should be among the leaders in
  35-59  achieving this objective.  The primary means of achieving this goal
  35-60  shall be through encouraging private investment in the state's
  35-61  telecommunications infrastructure by creating incentives for such
  35-62  investment and promoting the development of competition.  The best
  35-63  way to bring the benefits of an advanced telecommunications network
  35-64  infrastructure to Texas communities is through innovation and
  35-65  competition among all the state's communications providers.
  35-66  Competition will provide Texans a choice of telecommunications
  35-67  providers and will drive technology deployment, innovation, service
  35-68  quality, and cost-based prices as competing firms seek to satisfy
  35-69  customer needs.
  35-70        (b)  In implementing this section, the commission shall
   36-1  consider the following policy goals of this State:
   36-2              (1)  ensure the availability of the widest possible
   36-3  range of competitive choices in the provision of telecommunications
   36-4  services and facilities;
   36-5              (2)  foster competition and rely on market forces where
   36-6  competition exists to determine the price, terms, availability, and
   36-7  conditions of service in markets in which competition exists;
   36-8              (3)  ensure the universal availability of basic local
   36-9  telecommunications services at reasonable rates;
  36-10              (4)  encourage the continued development and deployment
  36-11  of advanced, reliable capabilities and services in
  36-12  telecommunications networks;
  36-13              (5)  assure interconnection and interoperability, based
  36-14  on uniform technical standards, among telecommunications carriers;
  36-15              (6)  eliminate existing unnecessary administrative
  36-16  procedures which impose regulatory barriers to competition and
  36-17  assure that competitive entry is fostered on an economically
  36-18  rational basis;
  36-19              (7)  assure consumer protection and protection against
  36-20  anticompetitive conduct;
  36-21              (8)  regulate providers of services only to the extent
  36-22  they have market power to control the price of services to
  36-23  customers;
  36-24              (9)  encourage cost-based pricing of telecommunications
  36-25  services so that consumers pay a fair price for services that they
  36-26  use; and
  36-27              (10)  subject to Section 3.353 of this Act, develop
  36-28  quality of service standards for local exchange companies as it
  36-29  deems appropriate to place Texas among the leaders in deployment of
  36-30  an advanced telecommunications infrastructure except that the 10
  36-31  percent limitation specified in Section 3.353 of this Act shall not
  36-32  include the requirements of Subsections (c)(1)-(4) of this section.
  36-33        (c)  Recognizing that it will take time for competition to
  36-34  develop in the local exchange market, the commission shall act, in
  36-35  the absence of competition, to ensure that the following
  36-36  infrastructure goals are achieved by electing companies:
  36-37              (1)  Electing incumbent local exchange companies shall
  36-38  make access to end-to-end digital connectivity available to all
  36-39  customers in their territories by December 31, 1996.
  36-40              (2)  Fifty percent of the local exchange access lines
  36-41  in each electing local exchange company's territory must be served
  36-42  by a digital central office switch by January 1, 2000.
  36-43              (3)  All electing company new central office switches
  36-44  installed in Texas must be digital, or technologically equal to or
  36-45  superior to digital, after September 1, 1995.  At a minimum, each
  36-46  new central office switch installed after September 1, 1997, must
  36-47  be capable of providing Integrated Services Digital Network (ISDN)
  36-48  services in a manner consistent with generally accepted national
  36-49  standards.
  36-50              (4)  Electing incumbent local exchange companies'
  36-51  public switched network backbone inter-office facilities must
  36-52  employ broadband facilities capable of at least 45 megabits per
  36-53  second, or at lower bandwidths if evolving technology permits the
  36-54  delivery of video signal at quality levels comparable to a
  36-55  television broadcast signal, by January 1, 2000.  This requirement
  36-56  shall not extend to local loop facilities.
  36-57        (d)(1)  An electing company of greater than five million
  36-58  access lines shall also install Common Channel Signaling 7
  36-59  capability in all central offices by January 1, 2000.
  36-60              (2)  An electing company of greater than five million
  36-61  access lines shall connect all of its serving central offices to
  36-62  their respective LATA tandem central offices with optical fiber or
  36-63  equivalent facilities by January 1, 2000.
  36-64              (3)  An electing company serving more than one million
  36-65  access lines and fewer than five million access lines shall provide
  36-66  digital switching central offices in all exchanges by December 31,
  36-67  1998.
  36-68        (e)  The commission may consider waivers of Subsections
  36-69  (c)(1)-(4) of this section for electing local exchange companies
  36-70  serving fewer than one million lines, if the local exchange company
   37-1  demonstrates that such investment is not viable economically, after
   37-2  due consideration is given to the public benefits which would
   37-3  result from compliance with such requirements; and, in addition,
   37-4  may consider a temporary extension of any period with respect to
   37-5  Subsections (c)(1)-(4) of this section for electing local exchange
   37-6  companies serving fewer than two million but more than one million
   37-7  lines, if the local exchange company demonstrates that such
   37-8  extension is in the public interest.
   37-9        (f)  The commission may not consider the cost of implementing
  37-10  Subsection (c) or (d) of this section in determining whether an
  37-11  electing company is entitled to a rate increase under this subtitle
  37-12  or increased universal service funds under Section 3.608 of this
  37-13  Act.
  37-14        Sec. 3.359.  INFRASTRUCTURE COMMITMENT TO CERTAIN ENTITIES.
  37-15  (a)(1)  It is the intent of this section to establish a
  37-16  telecommunications infrastructure that interconnects public
  37-17  entities described in this section.  The interconnection of these
  37-18  entities requires ubiquitous, broadband, digital services for
  37-19  voice, video, and data within the local serving area.  The
  37-20  ubiquitous nature of these connections must also allow individual
  37-21  networks of these entities to interconnect and interoperate across
  37-22  the broadband digital service infrastructure.  The delivery of
  37-23  these advanced telecommunications services also will require
  37-24  collaborations and partnerships of public, private, and commercial
  37-25  telecommunications service network providers.
  37-26              (2)  The goal of this section is to interconnect and
  37-27  aggregate the connections to every entity described in this
  37-28  section, within the local serving area.  It is further intended
  37-29  that the implementation of the infrastructure as defined within
  37-30  this section connect all the entities requesting the services
  37-31  offered under this section.
  37-32        (b)(1)(A)  On customer request, the electing company shall
  37-33  provide broadband digital service that is capable of providing
  37-34  transmission speeds of up to 45 megabits per second or better for
  37-35  customer applications and other customized or packaged network
  37-36  services (private network services) to an entity described in this
  37-37  section for their private and sole use except as provided in
  37-38  Subsection (d) of this section:
  37-39                          (i)  educational institutions, as that term
  37-40  is defined in Section 3.606 of this Act;
  37-41                          (ii)  libraries, as that term is defined in
  37-42  Section 3.606 of this Act;
  37-43                          (iii)  nonprofit telemedicine centers of
  37-44  academic health centers, public or not-for-profit hospitals, or
  37-45  state-licensed health care practitioners;
  37-46                          (iv)  public or not-for-profit hospitals;
  37-47                          (v)  projects funded by the
  37-48  Telecommunications Infrastructure Fund described in this Act; or
  37-49                          (vi)  any legally constituted consortium or
  37-50  group of entities listed in Subparagraphs (i)-(v) of this
  37-51  paragraph.
  37-52                    (B)  Such private network services shall be
  37-53  provided pursuant to customer specific contracts at a rate that is
  37-54  105 percent of the long run incremental cost, including
  37-55  installation, of the services.
  37-56                    (C)  Each such contract shall be filed with the
  37-57  commission but not require the approval of the commission.
  37-58                    (D)  An electing company shall file a flat
  37-59  monthly tariff rate for point-to-point intraLATA 1.544 megabits per
  37-60  second service for the entities specified in Subsection (b)(1)(A)
  37-61  of this section which shall be distance insensitive and be no
  37-62  higher than 105 percent of the statewide average long run
  37-63  incremental costs, including installation, of the service.
  37-64                    (E)  An electing company shall provide
  37-65  point-to-point 45 megabits per second intraLATA services when
  37-66  requested by an entity specified in Subsection (b)(1)(A) of this
  37-67  section pursuant to customer specific contracts except that the
  37-68  interoffice portion of the service, if any, will be recovered on a
  37-69  statewide average distance insensitive basis.  The rate for this
  37-70  service shall be no higher than 105 percent of long run incremental
   38-1  cost, including installation, of the service.
   38-2                    (F)  An electing local exchange company shall
   38-3  provide an entity described in this section with broadband digital
   38-4  special access service to interexchange carriers at no higher than
   38-5  105 percent of the long run incremental cost, including
   38-6  installation, of such service.
   38-7                    (G)  On customer request, the electing company
   38-8  shall provide expanded interconnection (virtual colocation)
   38-9  consistent with the rules adopted by the commission pursuant to
  38-10  Section 3.456 of this Act to an entity specified in Subsection
  38-11  (b)(1)(A) of this section at 105 percent of long run incremental
  38-12  cost, including installation.  Such entities shall not have to
  38-13  qualify for such expanded interconnection if it is ordered by the
  38-14  commission.
  38-15                    (H)  The legislature finds that an entity
  38-16  described in this section warrants preferred rate treatment
  38-17  provided that any such rates cover the long run incremental cost of
  38-18  the services provided.
  38-19                    (I)  Notwithstanding any other provision of this
  38-20  Act, an electing local exchange company shall not be subject to a
  38-21  complaint under this section except by an entity specified in this
  38-22  section complaining that the provision of private network services
  38-23  under this section was provided preferentially to a similarly
  38-24  situated customer.
  38-25              (2)  An entity receiving the services provided under
  38-26  this section may not be assessed special construction or
  38-27  installation charges.
  38-28              (3)  An educational institution or a library may elect
  38-29  the rate treatment provided in this section or the discount
  38-30  provided by Section 3.605 of this Act.
  38-31              (4)  Notwithstanding the pricing flexibility authorized
  38-32  by this Act, an electing company's rates for the services provided
  38-33  under this section may not be increased for six years from the date
  38-34  of election except as otherwise provided in customer specific
  38-35  contracts.
  38-36              (5)  On customer request by an educational institution
  38-37  or library in exchanges of an electing company serving more than
  38-38  five million access lines in which toll-free access to the Internet
  38-39  is not available, the local exchange company shall make available a
  38-40  toll-free connection or toll-free dialing arrangement for use by
  38-41  educational institutions or libraries in accessing the Internet in
  38-42  an exchange in which Internet access is available on a toll-free
  38-43  basis.  The connection or dialing arrangement shall be provided at
  38-44  no charge to the educational institution or library until Internet
  38-45  access becomes available in the exchange of the requesting
  38-46  educational institution or library.  The local exchange company is
  38-47  not required to arrange for Internet access or to pay Internet
  38-48  charges for the requesting educational institution or library.
  38-49              (6)  An electing company shall give priority to serving
  38-50  rural areas, areas designated as critically underserved, medically
  38-51  or educationally, and educational institutions with high
  38-52  percentages of economically disadvantaged students.
  38-53        (c)  The private network services provided pursuant to this
  38-54  section may be interconnected with other similar networks for
  38-55  distance learning, telemedicine, and information sharing purposes.
  38-56        (d)  The private network services provided pursuant to this
  38-57  section may not be shared or resold to other customers except that
  38-58  such services may be used by and shared among the entities
  38-59  described in Subsection (b)(1)(A) of this section.  The services
  38-60  provided pursuant to this section may not be required to be resold
  38-61  to other customers at the rates provided in this section; however,
  38-62  the prohibition contained in this subsection is not intended to
  38-63  preclude the otherwise permitted resale of other services which may
  38-64  be offered by an electing company using the same facilities or a
  38-65  portion thereof, which are used to provide the private network
  38-66  services offered under this section.
  38-67        (e)  For purposes of this section, the term "telemedicine
  38-68  center" means a facility equipped to transmit by video, data, or
  38-69  voice service medical information for the purpose of diagnosis or
  38-70  treatment of illness or disease, owned or operated by a public or
   39-1  not-for-profit hospital including an academic health center or such
   39-2  a facility owned by any state-licensed health care practitioner or
   39-3  group of practitioners and operated on a nonprofit basis.
   39-4        (f)  The State Purchasing and General Services Act (Article
   39-5  601b, Vernon's Texas Civil Statutes) does not apply to contracts
   39-6  entered into under this section.
   39-7     SUBTITLE I.  INFRASTRUCTURE PLAN FOR RATE OF RETURN COMPANIES
   39-8        Sec. 3.401.  POLICY.  It is the policy of the legislature
   39-9  that those incumbent local exchange companies that do not elect to
  39-10  be regulated under Subtitle H of this title should nevertheless
  39-11  have incentives to deploy infrastructure that will benefit the
  39-12  citizens of this state, while maintaining reasonable local rates
  39-13  and universal service.
  39-14        Sec. 3.402.  ELECTION.  (a)  An incumbent local exchange
  39-15  company serving less than five percent of the access lines in this
  39-16  state that has not elected incentive regulation under Subtitle H of
  39-17  this title may elect for an infrastructure plan under this subtitle
  39-18  by notifying the commission in writing of its election under this
  39-19  section.
  39-20        (b)(1)  For a period of six years after the election date, an
  39-21  electing incumbent local exchange company may not seek an increase
  39-22  in any rate previously established for that company under this Act,
  39-23  except for the charges permitted under Sections 3.304, 3.308, and
  39-24  3.608 of this Act, and in the following circumstances and only with
  39-25  commission approval that the proposed change is included in this
  39-26  subsection.
  39-27              (2)  On motion of an electing incumbent local exchange
  39-28  company or on its own motion, the commission shall adjust prices
  39-29  for services to reflect changes in Federal Communications
  39-30  Commission separations affecting intrastate net income by 10
  39-31  percent or more.
  39-32              (3)  A rate group classification occurring as a result
  39-33  of access lines growth shall be allowed by the commission on
  39-34  request of the electing company.
  39-35        (c)  Section 3.354 of this Act applies to a rate change under
  39-36  Subsection (b) of this section.
  39-37        (d)  If, subsequent to the enactment of this subtitle, an
  39-38  incumbent local exchange company notifies the commission in writing
  39-39  of its election to the alternative infrastructure plan under this
  39-40  subtitle, the electing company may not for a period of six years
  39-41  after the election date under any circumstances be subject to any
  39-42  complaint or hearing as to the reasonableness of its rates, its
  39-43  overall revenues, its return on invested capital, or its net income
  39-44  if the electing incumbent local exchange company is complying with
  39-45  its infrastructure commitment under Section 3.403 of this Act, nor
  39-46  may an electing company be subject to a complaint that any
  39-47  particular rate is excessive.  However, the company's
  39-48  implementation of the competitive safeguards required by Subtitle J
  39-49  of this title are not excluded from a complaint, hearing, or
  39-50  determination.  Nothing herein restricts any consumer's right to
  39-51  complain to the commission regarding quality of service, the
  39-52  commission's right to enforce quality of service standards, or the
  39-53  consumer's right to complain regarding the application of an
  39-54  ambiguous tariff, and if the commission finds an ambiguity, the
  39-55  commission's right to determine the proper application of the
  39-56  tariff or to determine the proper rate if the tariff is found to
  39-57  not apply, but this does not permit the commission to lower a
  39-58  tariff rate except as specifically provided by this Act, to change
  39-59  its interpretation of a tariff, or to change a tariff so as to
  39-60  extend its application to new classes of customers.  The commission
  39-61  may not increase service standards applicable to the provision of
  39-62  local exchange telephone service by an electing company if the
  39-63  increased investment required to comply with the increased standard
  39-64  exceeds in any one year 10 percent of the incumbent local exchange
  39-65  company's average annual intrastate additions in capital investment
  39-66  for the most recent five-year period.  In calculating the average,
  39-67  the incumbent local exchange company shall exclude extraordinary
  39-68  investments made during the five-year period.
  39-69        (e)  On application by an electing incumbent local exchange
  39-70  company, the commission may allow a company to withdraw its
   40-1  election under this section but only for good cause.  For the
   40-2  purpose of this section, good cause includes only matters that were
   40-3  beyond the control of the incumbent local exchange company.
   40-4        (f)  This section does not prohibit an incumbent local
   40-5  exchange company from making an election under Section 3.352 of
   40-6  this Act at any time, and if the company so elects, the
   40-7  infrastructure commitment made under Section 3.403 of this Act
   40-8  offsets any infrastructure commitment required in connection with
   40-9  the Section 3.352 election.
  40-10        (g)  The rates capped by Subsection (b) of this section as a
  40-11  result of a company's election shall be the rates charged by the
  40-12  company at the date of its election without regard to proceedings
  40-13  pending under Section 1.301 or 3.210 of this Act or under
  40-14  Subchapter G, Chapter 2001, Government Code.
  40-15        (h)  In this section, "election date" means the date on which
  40-16  the commission receives notice of election under this section.
  40-17        Sec. 3.403.  INFRASTRUCTURE COMMITMENT.  (a)  A company
  40-18  electing under Section 3.402 of this Act shall make an
  40-19  infrastructure commitment in writing to the governor and
  40-20  commission, committing to make the following telecommunications
  40-21  infrastructure investment in this state over a six-year period
  40-22  following the company's election.
  40-23        (b)  The commission shall act to ensure that the following
  40-24  infrastructure goals are achieved by electing companies:
  40-25              (1)  Electing incumbent local exchange companies shall
  40-26  make access to end-to-end digital connectivity available to all
  40-27  customers in their territories by January 1, 2000.  "Make
  40-28  available" as used in this subsection shall have the definition
  40-29  contained in 16 T.A.C. Section 23.69.
  40-30              (2)  Fifty percent of the local exchange access lines
  40-31  in each electing local exchange company's territory must be served
  40-32  by a digital central office switch by January 1, 2000.
  40-33              (3)  All electing company new central office switches
  40-34  installed in Texas after September 1, 1995, must be digital.
  40-35              (4)  Electing incumbent local exchange companies'
  40-36  public switched network back-bone inter-office facilities must
  40-37  employ broadband facilities capable of at least 45 megabits per
  40-38  second, or at lower bandwidths if evolving technology permits the
  40-39  delivery of video signal at quality levels comparable to a
  40-40  television broadcast signal, that serve at least 50 percent of the
  40-41  local exchange access lines by January 1, 2000.  This requirement
  40-42  shall not extend to local loop facilities.
  40-43              (5)  Electing incumbent local exchange companies shall
  40-44  install Common Channel Signaling 7 capability in all access tandem
  40-45  offices by January 1, 2000.
  40-46              (6)  The 10 percent limitation specified in Section
  40-47  3.402 shall not include requirements of Subdivisions (1)-(5) of
  40-48  this subsection.
  40-49        (c)(1)  On customer request, the electing company shall
  40-50  provide private broadband services and other customized or packaged
  40-51  network services (private network services) for the private and
  40-52  sole use of the following entities:
  40-53                    (A)  educational institutions, as that term is
  40-54  defined in Section 3.605 of this Act;
  40-55                    (B)  libraries, as that term is defined in
  40-56  Section 3.606 of this Act;
  40-57                    (C)  telemedicine centers of public or
  40-58  not-for-profit hospitals;
  40-59                    (D)  nonprofit telemedicine centers of state
  40-60  licensed health care practitioners; or
  40-61                    (E)  any legally constituted consortium or group
  40-62  of entities listed in Paragraphs (A)-(D) of this subdivision.
  40-63              (2)  An electing company shall give investment priority
  40-64  to serving rural areas, areas designated as critically underserved,
  40-65  medically or educationally, and educational institutions with high
  40-66  percentages of economically disadvantaged students.
  40-67              (3)  Such private network services shall be provided
  40-68  pursuant to customer specific contracts.
  40-69              (4)  Such contracts shall be offered at 110 percent of
  40-70  the long run incremental cost including installation costs of
   41-1  providing the private network service.
   41-2              (5)  Each such contract shall be filed with the
   41-3  commission but not require the approval of the commission.
   41-4              (6)  The legislature finds that the classes of
   41-5  customers listed in Subdivisions (1)(A)-(D) of this subsection
   41-6  warrant preferred rate treatment provided that any such rates cover
   41-7  the long run incremental cost of the services provided.
   41-8              (7)  Notwithstanding any other provision of this Act,
   41-9  an electing local exchange company shall not be subject to a
  41-10  complaint under this section except by:
  41-11                    (A)  educational institutions, as that term is
  41-12  defined in Section 3.605 of this Act;
  41-13                    (B)  libraries, as that term is defined in
  41-14  Section 3.606 of this Act;
  41-15                    (C)  telemedicine centers of public or
  41-16  not-for-profit hospitals;
  41-17                    (D)  nonprofit telemedicine centers of
  41-18  state-licensed health care practioners; or
  41-19                    (E)  any legally constituted consortium or group
  41-20  of entities listed in Paragraphs (A)-(D) of this subdivision.
  41-21              (8)  Educational institutions, libraries, telemedicine
  41-22  centers of public or not-for-profit hospitals, and nonprofit
  41-23  telemedicine centers of state-licensed health care practitioners
  41-24  receiving the services provided under this section may not be
  41-25  assessed tariffed special construction or installation charges
  41-26  unless agreed upon by the local exchange company and entities
  41-27  specified in Subdivision (1) of this subsection.
  41-28              (9)  An educational institution or a library may elect
  41-29  this rate treatment or the discount provided by Section 3.605 of
  41-30  this Act.
  41-31              (10)  Notwithstanding the pricing flexibility
  41-32  authorized by this Act, the electing company's rates for this
  41-33  service may not be increased for six years from the date of
  41-34  election.
  41-35              (11)  On request, for 1.544 megabits per second private
  41-36  line or special access service by educational institutions and
  41-37  libraries, that service shall be offered at 110 percent of the long
  41-38  run incremental cost including installation costs.  This rate is in
  41-39  lieu of the discount provided by Section 3.605 of this Act.
  41-40              (12)  The customers specified in this section
  41-41  constitute a special class of customer for purposes of the private
  41-42  network for distance learning, telemedicine, and information
  41-43  sharing purposes.
  41-44              (13)  The private network services provided pursuant to
  41-45  this section may be interconnected with other similar networks for
  41-46  distance learning, telemedicine, and information sharing purposes.
  41-47              (14)  The private network services provided pursuant to
  41-48  this section may not be shared or resold to other customers except
  41-49  that they may be used and shared among the entities specified in
  41-50  Subdivision (1) of this subsection.  The services provided pursuant
  41-51  to this section may not be required to be resold to other customers
  41-52  at the rates provided in this section; provided, however, the
  41-53  prohibition contained in this subsection is not intended to
  41-54  preclude the otherwise permitted resale of other services which may
  41-55  be offered by an electing company using the same facilities or a
  41-56  portion thereof, which are used to provide the private network
  41-57  services offered under this section.
  41-58        (d)  The commission may consider waivers of requirements
  41-59  listed in Subsections (b)(1)-(5) of this section for electing local
  41-60  exchange companies serving fewer than one million lines if the
  41-61  local exchange company demonstrates that such investment is not
  41-62  viable economically, after due consideration is given to the public
  41-63  benefits which would result from compliance with such requirements.
  41-64        (e)  The commission may not consider the cost of implementing
  41-65  Subsection (b) or (c) of this section in determining whether an
  41-66  electing company is entitled to a rate increase under this subtitle
  41-67  or increased universal service funds under Section 3.608 of this
  41-68  Act.
  41-69        (f)  For purposes of this section:
  41-70              (1)  "Private network services" means the
   42-1  telecommunications services provided to an entity described in
   42-2  Subsection (c)(1)(A) of this section and includes broadband
   42-3  services, customized, and packaged network services and does not
   42-4  limit the local exchange company from providing these services with
   42-5  facilities which are also used to provide other services to other
   42-6  customers.
   42-7              (2)  "Telemedicine center" means a facility equipped to
   42-8  transmit, by video or data service, medical information for the
   42-9  purpose of diagnosis or treatment of illness or disease, owned or
  42-10  operated by a public or not-for-profit hospital, or such a facility
  42-11  owned by any state-licensed health care practioner and operated on
  42-12  a nonprofit basis.
  42-13        (g)  Each electing company shall file a report with the
  42-14  commission each year on the anniversary date of its election that
  42-15  sets forth its progress on its infrastructure commitment.  The
  42-16  report shall include:
  42-17              (1)  the institutions requesting service under this
  42-18  section;
  42-19              (2)  the institutions served under this section;
  42-20              (3)  investment and expense in the previous period and
  42-21  cumulative for all periods; and
  42-22              (4)  any other information the commission considers
  42-23  necessary.
  42-24                  SUBTITLE J.  COMPETITIVE SAFEGUARDS
  42-25        Sec. 3.451.  COMPETITIVE SAFEGUARDS.  (a)  To the extent
  42-26  necessary to ensure that competition in telecommunications is fair
  42-27  to all participants and to accelerate the improvement of
  42-28  telecommunications in the state, the commission shall ensure that
  42-29  the rates and regulations of an incumbent local exchange company
  42-30  are not unreasonably preferential, prejudicial, or discriminatory
  42-31  but are equitable and consistent in application.
  42-32        (b)  Section 3.352(d) of this Act does not prevent the
  42-33  commission from enforcing this subtitle.
  42-34        (c)  The commission has exclusive jurisdiction to implement
  42-35  competitive safeguards.
  42-36        Sec. 3.452.  UNBUNDLING.  (a)  An incumbent local exchange
  42-37  company shall, at a minimum, unbundle its network to the extent
  42-38  ordered by the Federal Communications Commission.
  42-39        (b)  Before the adoption of the pricing rules required by
  42-40  Section 3.457 of this Act, the commission shall hold a hearing and
  42-41  adopt an order on the issue of requiring further unbundling of
  42-42  local exchange company services.
  42-43        (c)  The commission may order further unbundling only after
  42-44  considering the public interest and competitive merits of further
  42-45  unbundling.  The commission may proceed by rulemaking or, if
  42-46  requested by a party, shall proceed by evidentiary hearing.
  42-47        (d)  Following unbundling, the commission may assign the
  42-48  unbundled components to the appropriate Basket according to the
  42-49  purposes and intents of those Baskets.
  42-50        Sec. 3.453.  RESALE.  (a)  An incumbent local exchange
  42-51  company serving one million or more access lines or electing the
  42-52  incentive regulation plan under Subtitle H of this title shall file
  42-53  a usage sensitive loop resale tariff by September 1, 1995.  An
  42-54  incumbent local exchange company serving fewer than one million
  42-55  access lines or not electing under Subtitle H of this title shall
  42-56  file a resale tariff within 60 days of the date on which a
  42-57  certificate of operating authority or service provider certificate
  42-58  of operating authority is granted under Subtitle F of this title.
  42-59        (b)  "Loop" resale as used in this section means the purchase
  42-60  of the local distribution channel or "loop" facility from the
  42-61  incumbent local exchange company for the purpose of resale to end
  42-62  user customers.
  42-63        (c)  The commission shall conduct any proceeding it
  42-64  determines appropriate to determine the rates, terms, and
  42-65  conditions for this tariff within 180 days of filing.  The
  42-66  commission may:
  42-67              (1)  only approve a usage sensitive rate that recovers
  42-68  the total long run incremental cost of the loop on an unseparated
  42-69  basis, plus an appropriate contribution to joint and common costs;
  42-70  and
   43-1              (2)  only permit a holder of a certificate of
   43-2  convenience or necessity, certificate of operating authority, or
   43-3  service provider certificate of operating authority to purchase
   43-4  from the resale tariff, except as provided by Subsection (f)(1) of
   43-5  this section.
   43-6        (d)  On September 1, 1995, a provider of telecommunications
   43-7  service may not impose any restriction on the resale or sharing of
   43-8  any service for which it is not a dominant provider nor, as to any
   43-9  incumbent local exchange company electing alternative regulation
  43-10  under Subtitle H of this title, for any service entitled to
  43-11  regulatory treatment under Basket III as described by Section 3.356
  43-12  of this Act.
  43-13        (e)  A holder of a certificate of operating authority or
  43-14  service provider certificate of operating authority has the
  43-15  reciprocal obligation to permit local exchange companies to resell
  43-16  its existing loop facilities at its regularly published rates if
  43-17  the local exchange company has no loop facilities and has a request
  43-18  for service.
  43-19        (f)(1)  The commission shall eliminate all resale
  43-20  prohibitions in an electing incumbent local exchange company's
  43-21  tariffs on:
  43-22                    (A)  completion of the commission's costing and
  43-23  pricing rulemaking;
  43-24                    (B)  completion of rate rebalancing of the
  43-25  incumbent local exchange company rates required by Section 3.457 of
  43-26  this Act; and
  43-27                    (C)  removal of all prohibitions on incumbent
  43-28  local exchange companies providing interLATA service.
  43-29              (2)  The commission shall eliminate all resale
  43-30  prohibitions in the tariffs of an electing company of five million
  43-31  access lines or more on removal of all prohibitions and
  43-32  restrictions on such company's provision of interLATA service.
  43-33              (3)  When the commission eliminates the resale
  43-34  prohibitions under this subsection, it shall continue to prohibit
  43-35  the resale of local exchange or directory assistance flat rate
  43-36  services as a substitute for usage sensitive services.  If the
  43-37  commission finds that the rate for a particular service or function
  43-38  will, as a result of the costing and pricing proceeding, be less
  43-39  than the cost of providing the service or function and that the
  43-40  difference in rate and cost will not be recovered from the
  43-41  universal service fund, the service may be offered for resale only
  43-42  to the same class of customer as sold to by the incumbent local
  43-43  exchange company.  In any event, after resale prohibitions are
  43-44  removed, residence service may not be resold to business customers.
  43-45        (g)  Nothing herein alters resale or sharing arrangements
  43-46  presently permitted in incumbent local exchange company tariffs
  43-47  existing on September 1, 1995, or tariffs proposed by an incumbent
  43-48  local exchange company serving more than five million access lines
  43-49  in this state that are filed on or before May 1, 1995.
  43-50        Sec. 3.454.  IMPUTATION.  (a)  Not later than December 1,
  43-51  1996, the commission shall adopt rules governing imputation of the
  43-52  price of a service.
  43-53        (b)  Imputation is a regulatory policy the commission shall
  43-54  apply to prevent an incumbent local exchange company from selling a
  43-55  service or function to another telecommunications utility at a
  43-56  price that is higher than the rate the incumbent local exchange
  43-57  company implicitly includes in services it provides to its retail
  43-58  customers.
  43-59        (c)  The commission may require imputation only of the price
  43-60  of a service that is:
  43-61              (1)  not generally available from a source other than
  43-62  the incumbent local exchange company; and
  43-63              (2)  necessary for the competitor to provide its
  43-64  competing services.
  43-65        (d)  The commission may not require imputation of the price
  43-66  to a local exchange telephone service while the price is capped
  43-67  under Subtitle H or I of this title.
  43-68        (e)  The price of switched access service shall be imputed to
  43-69  the price of each service for which switched access service is a
  43-70  component until switched access service is competitively available.
   44-1        (f)  The commission may not require imputation on a
   44-2  rate-element-by-element basis but only on a service-by-service
   44-3  basis.
   44-4        (g)  For a service provided under a customer specific
   44-5  contract for which imputation may be required under Subsection (c)
   44-6  of this section, the commission may not require imputation on a
   44-7  rate-element-by-element basis but only on a service-by-service
   44-8  basis within the contract.
   44-9        (h)  The incumbent local exchange company shall demonstrate
  44-10  that the price it charges for its retail service recovers the costs
  44-11  of providing the service.  For purposes of this subsection, the
  44-12  costs of providing the service is defined as the sum of:
  44-13              (1)  specifically tariffed premium rates for the
  44-14  noncompetitive services or service functions, or elements of these
  44-15  noncompetitive services or service functions (or their functional
  44-16  equivalent) that are used to provide the service;
  44-17              (2)  the total service long run incremental costs of
  44-18  the competitive services or service functions that are used;
  44-19              (3)  any costs, not otherwise reflected in Subdivision
  44-20  (1) or (2) of this subsection, that are specifically associated
  44-21  with the provision of the service or group of services; and
  44-22              (4)  any cost or surcharge associated with an explicit
  44-23  subsidy that is applied to all providers of the service for the
  44-24  purpose of promoting universal service.
  44-25        (i)  The commission may waive an imputation requirement for
  44-26  any public interest service such as 9-1-1 service and dual party
  44-27  relay service if the commission determines that the waiver is in
  44-28  the public interest.
  44-29        Sec. 3.455.  Telecommunications Number Portability.  (a)
  44-30  Because a uniform national number plan is valuable and necessary to
  44-31  the state, the commission by rule shall adopt guidelines governing
  44-32  telecommunications number portability and the assignment of
  44-33  telephone numbers in a competitively neutral manner.  The
  44-34  commission rules may not be inconsistent with the rules and
  44-35  regulations of the Federal Communications Commission regarding
  44-36  telecommunications number portability.
  44-37        (b)  In this Act, "telecommunications number portability"
  44-38  means the ability of a user of telecommunications services, to the
  44-39  extent technically feasible, to retain an existing telephone number
  44-40  without impairing the quality, reliability, or convenience of
  44-41  service when changing from one provider of telecommunications
  44-42  service to another provider.
  44-43        (c)  As an interim measure, the commission shall adopt
  44-44  reasonable mechanisms to allow consumers to retain their telephone
  44-45  numbers.  At a minimum, these mechanisms shall include the use of
  44-46  call forwarding functions and direct inward dialing for those
  44-47  purposes.  An incumbent local exchange company with one million
  44-48  access lines or more shall file tariffs before November 1, 1995,
  44-49  and the commission, before March 1, 1996, shall determine
  44-50  reasonable rates to be charged for call forwarding functions,
  44-51  direct inward dialing, and any other mechanism the commission
  44-52  determines should be used as an interim number portability measure
  44-53  by a new entrant.  An incumbent local exchange company with fewer
  44-54  than one million access lines where a certificate of operating
  44-55  authority or a service provider certificate of operating authority
  44-56  has been granted shall file tariffs within 60 days after the date
  44-57  of a bona fide request, and the commission, within 60 days after
  44-58  the date the tariffs are filed, shall determine reasonable rates to
  44-59  be charged for call forwarding functions, direct inward dialing,
  44-60  and any other mechanism the commission determines should be used as
  44-61  an interim number portability measure by a new entrant.
  44-62        Sec. 3.456.  Expanded Interconnection.  (a)  Not later than
  44-63  September 1, 1996, the commission shall adopt rules for expanded
  44-64  interconnection that:
  44-65              (1)  are consistent with the rules and regulations of
  44-66  the Federal Communications Commission relating to expanded
  44-67  interconnection;
  44-68              (2)  treat intrastate private line services as special
  44-69  access service; and
  44-70              (3)  provide that if an incumbent local exchange
   45-1  company is required to provide expanded interconnection to another
   45-2  local exchange company, the second local exchange company shall, in
   45-3  a like manner, provide expanded interconnection to the first
   45-4  company.
   45-5        (b)  This section does not prohibit the commission from
   45-6  completing a proceeding pending on April 1, 1995, that addresses
   45-7  expanded interconnection.
   45-8        Sec. 3.457.  COSTING AND PRICING.  (a)(1)  The commission
   45-9  shall complete a pricing rulemaking and adopt a pricing rule by
  45-10  April 1, 1997.  Companies subject to that rule shall file cost
  45-11  studies and necessary supporting data not later than November 1,
  45-12  1996, unless specific waivers are authorized.
  45-13              (2)  The commission has 85 days after the date a cost
  45-14  study is submitted to administratively approve it or to order that
  45-15  changes be made, except that the review process may be suspended
  45-16  for 30 days upon motion of the presiding examiner or for good cause
  45-17  shown by any party that demonstrates a justiciable interest.  Such
  45-18  request must be made within the first 45 days of the review
  45-19  process.  If the commission delegates approval of the cost study to
  45-20  an administrative law judge or hearings examiner, the judge or
  45-21  examiner has 85 days, or 115 days if suspended, to administratively
  45-22  approve it or to order that changes be made.  The commission may
  45-23  not conduct a contested case to approve a cost study submitted
  45-24  under this section.
  45-25              (3)  Any party may appeal to the commission an
  45-26  administrative determination by an administrative law judge or
  45-27  hearings examiner under Subdivision (2) of this subsection within
  45-28  five days after the date of notification of the determination.  The
  45-29  commission shall rule on the appeal within 30 days after the date
  45-30  it receives the appeal.
  45-31              (4)  If the commission or an administrative law judge
  45-32  or hearings examiner orders a cost study to be changed, the judge
  45-33  or examiner shall order the company to make those changes within a
  45-34  period that is commensurate with the complexity of the study and
  45-35  the need to complete the cost studies in a timely manner.
  45-36              (5)  The parties shall be permitted expedited discovery
  45-37  after a cost study is submitted.  The commission shall fairly
  45-38  evaluate the comments or pleadings filed by any party regarding the
  45-39  cost study.
  45-40        (b)  In adopting the pricing rule, the commission shall:
  45-41              (1)  ensure that prices for monopoly services remain
  45-42  affordable;
  45-43              (2)  ensure that prices for competitive services may
  45-44  not be:
  45-45                    (A)  unreasonably preferential, prejudicial, or
  45-46  discriminatory;
  45-47                    (B)  subsidized either directly or indirectly by
  45-48  noncompetitive services; or
  45-49                    (C)  predatory or anticompetitive; and
  45-50              (3)  require that each service recover the appropriate
  45-51  cost, including appropriate joint and common costs, of any and all
  45-52  facilities and functions used to provide that service.
  45-53        (c)  The commission shall allow an incumbent local exchange
  45-54  company that is not a Tier 1 local exchange company as of September
  45-55  1, 1995, at that company's option, to adopt the cost studies
  45-56  approved by the commission for a Tier 1 local exchange company.
  45-57        Sec. 3.458.  INTERCONNECTION.  (a)  "Interconnection" for the
  45-58  purposes of this section means the termination of local
  45-59  intraexchange traffic of another local exchange company or holder
  45-60  of a service provider certificate of operating authority within the
  45-61  local calling area of the terminating local exchange company or
  45-62  certificate holder for calls that originate and terminate in this
  45-63  state.  The provisions of this section do not govern rates for the
  45-64  existing termination of cellular or interexchange traffic.
  45-65        (b)  The commission shall require all providers of
  45-66  telecommunications services to maintain interoperable networks.
  45-67  Telecommunications providers shall negotiate network
  45-68  interconnectivity, charges, terms, and conditions, and in that
  45-69  event the commission shall approve the interconnection rates.  The
  45-70  commission may resolve disputes filed by a party to those
   46-1  negotiations.
   46-2        (c)  In the absence of a mutually agreed compensation rate
   46-3  negotiated under Subsection (b) of this section, each carrier shall
   46-4  reciprocally terminate the other carrier's traffic at no charge for
   46-5  the first nine months after the date on which the first call is
   46-6  terminated between the carriers.
   46-7        (d)  The commission shall, within the nine-month period
   46-8  prescribed by Subsection (c) of this section, complete a proceeding
   46-9  to establish reciprocal interconnection rates, terms, and
  46-10  conditions.  The commission shall establish reciprocal
  46-11  interconnection rates, terms, and conditions based solely on the
  46-12  commission proceeding.  In establishing the initial interconnection
  46-13  rate, the commission may not require cost studies from the new
  46-14  entrant.  Not earlier than three years after the date on which the
  46-15  first call is terminated between the carriers, the commission may,
  46-16  if the commission receives a complaint, require cost studies by a
  46-17  new entrant for the purpose of establishing interconnection rates.
  46-18        (e)  The incumbent local exchange company may adopt the
  46-19  interconnection rates approved for a larger incumbent local
  46-20  exchange company without the commission requirement of additional
  46-21  cost justification.  If an incumbent local exchange company does
  46-22  not adopt the interconnection rates of a larger company, or
  46-23  negotiates under Subsection (b) of this section, the company is
  46-24  governed by Subsections (c) and (d) of this section.  If the
  46-25  incumbent local exchange company adopts the interconnection rates
  46-26  of another incumbent local exchange company, the new entrant may
  46-27  adopt those rates as the new entrant's interconnection rates.  If
  46-28  the incumbent local exchange company elects to file its own tariff,
  46-29  the new entrant must also file its own interconnection tariff.
  46-30        (f)  The commission may make generic rules and set policies
  46-31  governing interconnection arrangements.  The commission may
  46-32  establish rules that are responsive to changes in federal law or
  46-33  developments in the local exchange market.
  46-34        (g)  The commission may not use interconnection rates under
  46-35  this section as a basis to alter interconnection rates for other
  46-36  services.
  46-37        (h)  The commission has exclusive jurisdiction over any
  46-38  holder of a certificate of convenience and necessity, certificate
  46-39  of operating authority, or service provider certificate of
  46-40  operating authority for the determination of rates, terms, and
  46-41  conditions for interconnection.
  46-42        Sec. 3.459.  INCUMBENT LOCAL EXCHANGE COMPANY REQUIREMENTS.
  46-43  (a)  An incumbent local exchange company may not unreasonably:
  46-44              (1)  discriminate against another provider by refusing
  46-45  access to the local exchange;
  46-46              (2)  refuse or delay interconnections to another
  46-47  provider;
  46-48              (3)  degrade the quality of access provided to another
  46-49  provider;
  46-50              (4)  impair the speed, quality, or efficiency of lines
  46-51  used by another provider;
  46-52              (5)  fail to fully disclose in a timely manner on
  46-53  request all available information necessary for the design of
  46-54  equipment that will meet the specifications of the local exchange
  46-55  network; or
  46-56              (6)  refuse or delay access by any person to another
  46-57  provider.
  46-58        (b)  This section may not be construed to require an
  46-59  incumbent local exchange company to provide expanded
  46-60  interconnection as that term is defined by the Federal
  46-61  Communications Commission.
  46-62        (c)  Nothing in this Act shall require the commission to
  46-63  change the rate treatment for Bulletin Board Systems in residences
  46-64  established by the commission in Docket No. 8387 nor is anything in
  46-65  this Act intended to regulate or tax Bulletin Board Systems or
  46-66  Internet Service Providers or to require any changes in the rates
  46-67  charged to these entities under existing tariffs, provided they
  46-68  only provide enhanced or information services and not
  46-69  telecommunications services.
  46-70        Sec. 3.460.  COMMISSION AUTHORITY.  (a)  The commission has
   47-1  all authority necessary to establish procedures with respect to the
   47-2  policies stated in Sections 3.451, 3.452, 3.453, 3.454, 3.455,
   47-3  3.456, 3.457, and 3.458 of this Act and to resolve any disputes
   47-4  arising under those policies.
   47-5        (b)  The commission has the authority to and shall adopt
   47-6  procedures for the processing of proceedings under Sections 3.452
   47-7  and 3.453 of this Act, including the authority to limit discovery
   47-8  and, except for the office, align parties having similar positions
   47-9  for purposes of cross-examination.  In adopting procedures under
  47-10  this section and in resolving disputes, the commission shall
  47-11  consider the impact on consumers, competitors, and the incumbent
  47-12  local exchange company.  The commission may not implement, by order
  47-13  or rule, any requirement that is contrary to any applicable federal
  47-14  rule or law.
  47-15        Sec. 3.461.  APPLICATIONS AND RULES.  The obligations
  47-16  prescribed by Sections 3.452, 3.453, 3.455, 3.456, and 3.458 of
  47-17  this Act may not, until September 1, 1998, be applied to incumbent
  47-18  local exchange companies serving fewer than 31,000 access lines.
  47-19  After September 1, 1998, the obligations prescribed by Sections
  47-20  3.452, 3.453, and 3.456 of this Act may be applied only on a bona
  47-21  fide request from a certified telecommunications utility.  In
  47-22  applying these rules to these incumbent local exchange companies,
  47-23  the commission may modify the rules as it finds in the public
  47-24  interest.
  47-25        Sec. 3.462.  REVIEW OF IMPLEMENTATION.  The provisions of
  47-26  Sections 3.452, 3.454, and 3.457 of this Act do not initially apply
  47-27  to incumbent local exchange companies that as of September 1, 1995,
  47-28  have 31,000 or more access lines in this state but fewer than one
  47-29  million access lines in this state. The obligations prescribed by
  47-30  those sections may be applied to such companies only on a bona fide
  47-31  request from a holder of a certificate of operating authority or
  47-32  service provider certificate of operating authority. In applying
  47-33  these rules to these incumbent local exchange companies, the
  47-34  commission may modify the rules as it finds in the public interest.
  47-35        Sec. 3.463.  INFRASTRUCTURE SHARING.  (a)  The commission
  47-36  shall prescribe rules that require a local exchange company to
  47-37  share public switched network infrastructure and technology with a
  47-38  requesting local exchange company that lacks economies of scale or
  47-39  scope, for the purpose of enabling that requesting company to
  47-40  provide telecommunications services in the geographic areas to
  47-41  which the requesting company is designated as the sole carrier of
  47-42  last resort.
  47-43        (b)  The rules governing the sharing:
  47-44              (1)  may not require a local exchange company to make a
  47-45  decision that is uneconomic or adverse to the public;
  47-46              (2)  shall permit, but not require, joint ownership and
  47-47  operation of public switched network infrastructure and services by
  47-48  or among the local exchange companies sharing infrastructure; and
  47-49              (3)  shall establish conditions that promote
  47-50  cooperation between local exchange companies.
  47-51                  SUBTITLE K.  BROADCASTER SAFEGUARDS
  47-52        Sec. 3.501.  CUSTOMER PROPRIETARY NETWORK INFORMATION (CPNI).
  47-53  (a)  In this section:
  47-54              (1)  "Specific customer proprietary network
  47-55  information" (specific CPNI) means:
  47-56                    (A)  information that relates to the quantity,
  47-57  technical configuration, type, destination, or amount of use of
  47-58  voice or data telecommunications services subscribed to by any
  47-59  customer of a telecommunications utility, but excluding wireless
  47-60  telecommunications providers, and is made available to the utility
  47-61  by the customer solely by virtue of the utility-customer
  47-62  relationship;
  47-63                    (B)  information contained in the bills relating
  47-64  to telecommunications services received by a customer of a
  47-65  telecommunications utility; and
  47-66                    (C)  any other information concerning the
  47-67  customer as is available to the telecommunications utility by
  47-68  virtue of the customer's use of the telecommunications utility
  47-69  service.  The term does not include subscriber list information.
  47-70              (2)  "Subscriber list information" means any
   48-1  information that:
   48-2                    (A)  identifies the listed names of subscribers
   48-3  of a telecommunications utility or those subscribers' telephone
   48-4  numbers, addresses, or primary advertising classifications, or any
   48-5  combination of those listed names, numbers, addresses, or
   48-6  classifications; and
   48-7                    (B)  the telecommunications utility or an
   48-8  affiliate has published or accepted for future publication.
   48-9        (b)  Except as preempted by the Federal Communications
  48-10  Commission, a telecommunications utility may not use specific CPNI
  48-11  for commercial purposes other than the sale, provision, or billing
  48-12  and collection of telecommunications or enhanced services.  Nothing
  48-13  herein prohibits the use of specific CPNI with the customer's
  48-14  consent or the provision of specific CPNI to an affiliate
  48-15  telecommunications provider.
  48-16        (c)  Not later than September 1, 1996, the commission shall
  48-17  adopt rules that are consistent with rules on this subject adopted
  48-18  by the Federal Communications Commission.  Rules adopted under this
  48-19  section shall:
  48-20              (1)  require each telecommunications utility to notify
  48-21  each subscriber annually, through means approved by the commission,
  48-22  of the subscriber's right to reject the utility's use of specific
  48-23  CPNI for purposes of marketing other services;
  48-24              (2)  in the event the Federal Communications Commission
  48-25  adopts new CPNI rules that no longer preempt a state's authority to
  48-26  adopt inconsistent rules, the commission shall institute a
  48-27  proceeding regarding the appropriate use of CPNI by all
  48-28  telecommunications utilities, provided that any rule, policy, or
  48-29  order adopted by the commission may not be discriminatory in its
  48-30  application to telecommunications utilities; and
  48-31              (3)  require each telecommunications utility, if the
  48-32  utility makes nonproprietary aggregate CPNI available to its
  48-33  affiliates, to make that information available on the same terms
  48-34  and conditions to unaffiliated entities.
  48-35        (d)  The commission may not implement any rules regarding
  48-36  CPNI applicable to an incumbent local exchange company having
  48-37  100,000 or fewer access lines in service in this state that are
  48-38  more burdensome to the company than the CPNI rules of the Federal
  48-39  Communications Commission, except that this prohibition does not
  48-40  apply to uses of CPNI that are unrelated to telecommunications
  48-41  services or products.
  48-42        Sec. 3.502.  AUDIO VIDEO.  (a)  In this Act:
  48-43              (1)  "Video programming" means programming provided by
  48-44  or generally considered comparable to programming provided by a
  48-45  television broadcast station as defined by the Federal
  48-46  Communications Commission under Section 602, Communications Act of
  48-47  1934 (47 U.S.C. Section 522).
  48-48              (2)  "Audio programming" means programming provided by
  48-49  or generally considered comparable to programming provided by an AM
  48-50  or FM broadcast station.  However, the term does not include any
  48-51  audio-related services of the type offered by the incumbent local
  48-52  exchange company as of September 1, 1995.
  48-53        (b)  An incumbent local exchange company may not provide
  48-54  audio or video programming in this state.  However, nothing herein
  48-55  prohibits a separate corporate affiliate of an incumbent local
  48-56  exchange company from providing audio or video programming.
  48-57        (c)  A separate corporate affiliate of an incumbent local
  48-58  exchange company providing audio or video programming:
  48-59              (1)  shall obtain telecommunications services from its
  48-60  affiliate incumbent local exchange company at tariffed rates, or if
  48-61  those services are not provided under a tariff, at the fair market
  48-62  value or, in the event there is no fair market value or that value
  48-63  is less than long run incremental cost (LRIC), then the rate is
  48-64  equal to the service's LRIC;
  48-65              (2)  shall purchase, use, rent, or access information,
  48-66  services, space, or devices that are not telecommunications
  48-67  services from its affiliate incumbent local exchange company
  48-68  consistent with the affiliate transaction rules promulgated by the
  48-69  Federal Communications Commission then in effect, provided that in
  48-70  no case shall those transactions be valued at less than the greater
   49-1  of net book value or fair market value, whichever is applicable;
   49-2              (3)  shall maintain books, records, and accounts that
   49-3  are separate from those of an incumbent local exchange company,
   49-4  which books, records, and accounts shall be kept in accordance with
   49-5  generally accepted accounting principles;
   49-6              (4)  shall prepare financial statements that are not
   49-7  consolidated with those of an incumbent local exchange company,
   49-8  provided, however, that financial statements and  consolidated tax
   49-9  returns may be prepared that consolidate the operation of the
  49-10  separate corporate affiliate with a parent company and its other
  49-11  subsidiaries;
  49-12              (5)  may not incur debt in a manner that would permit a
  49-13  creditor on default to have recourse to the assets of the incumbent
  49-14  local exchange company;
  49-15              (6)  may not use the names, trademarks, or service
  49-16  marks of the incumbent local exchange company, but this does not
  49-17  prohibit the use of those names or marks if they are used in common
  49-18  with the parent, affiliate, or owner of the incumbent local
  49-19  exchange company;
  49-20              (7)  shall perform its marketing and sales functions
  49-21  and operation in compliance with Open Network Architecture and the
  49-22  affiliate transaction rules promulgated by the Federal
  49-23  Communications Commission then in effect;
  49-24              (8)  may not have any directors, officers, or employees
  49-25  in common with the incumbent local exchange company; and
  49-26              (9)  shall maintain a separate corporate entity from
  49-27  the incumbent local exchange company.
  49-28        (d)  As to its separate affiliate providing video or audio
  49-29  programming, an incumbent local exchange company:
  49-30              (1)  may not develop a rate for a telecommunications
  49-31  service or deploy a telecommunications service to primarily benefit
  49-32  its separate affiliate for the affiliate's video or audio
  49-33  programming unless  that rate or service is available on a
  49-34  nondiscriminatory basis to all purchasers;
  49-35              (2)  may not be unreasonably preferential in the
  49-36  deployment of telecommunications services for its separate
  49-37  affiliates' audio or video programming;
  49-38              (3)  may not enter into customer specific contracts for
  49-39  the provision of tariffed telecommunications services with its
  49-40  separate affiliate unless substantially the same terms and
  49-41  conditions of the contract are generally available to nonaffiliated
  49-42  interests;
  49-43              (4)  shall maintain and file with the commission copies
  49-44  of all contracts or arrangements between the incumbent local
  49-45  exchange company and the separate affiliate and report the contract
  49-46  amount for each cash and noncash transaction with the separate
  49-47  affiliate, including payments for costs of any goods and services
  49-48  or any property right or thing or for interest expense;
  49-49              (5)  may not transfer assets to the separate affiliate
  49-50  unless those assets are priced no lower than assets that are
  49-51  available in an arm's-length transaction to third parties;
  49-52              (6)  shall value any assets that are transferred to a
  49-53  separate affiliate at the greater of net book or fair market value;
  49-54              (7)  shall value any assets that are transferred to it
  49-55  by its separate affiliate at the lesser of net book value or fair
  49-56  market value except instances where Federal Communications
  49-57  Commission or commission rules or regulations permit in-arrears
  49-58  payment for tariffed telecommunications services or the investment
  49-59  by an affiliate of dividends or profits derived from the incumbent
  49-60  local exchange company;
  49-61              (8)  shall comply with all applicable Federal
  49-62  Communications Commission cost and other accounting rules;
  49-63              (9)  may not have any directors, officers, or employees
  49-64  in common with the separate affiliate;
  49-65              (10)  may not own any property in common with the
  49-66  separate affiliate; and
  49-67              (11)  shall provide, if it offers telecommunications
  49-68  equipment or services to audio and video programming providers,
  49-69  those services:
  49-70                    (A)  at just and reasonable rates that are
   50-1  tariffed, so long as the commission rules require those tariffs,
   50-2  under nondiscriminatory terms and conditions; and
   50-3                    (B)  if the equipment and services are not
   50-4  subject to regulation, on similar terms and conditions to all video
   50-5  or audio programming providers.
   50-6        (e)  In addition to the requirements and prohibitions
   50-7  prescribed by Subsection (d) of this section, an incumbent local
   50-8  exchange company shall, if it offers billing and collection
   50-9  services to nonaffiliated audio and video programming providers,
  50-10  provide those services under nondiscriminatory terms and
  50-11  conditions.  Nothing herein requires an incumbent local exchange
  50-12  company to offer billing and collection service to nonaffiliated
  50-13  programmers, and an incumbent local exchange company may exclude
  50-14  certain classes of programmers from its billing and collection
  50-15  services.
  50-16        (f)  An incumbent local exchange company shall have a
  50-17  compliance audit performed every three years by an independent
  50-18  accounting firm.  The audit shall be conducted for the purpose of
  50-19  determining whether the incumbent local exchange company, during
  50-20  the preceding three years, is in compliance with all of the
  50-21  requirements imposed by this section regarding the  incumbent local
  50-22  exchange company.  The independent accounting firm shall file the
  50-23  report with the commission.  If the report concludes that the
  50-24  incumbent local exchange company is not in compliance with any
  50-25  portion of this section, the commission shall institute appropriate
  50-26  action against the incumbent local exchange company.  The report
  50-27  shall be considered commercial or financial information that is
  50-28  confidential by statute under Chapter 552, Government Code.
  50-29        (g)  Except as otherwise specifically provided by this Act,
  50-30  the commission's jurisdiction over affiliates of incumbent local
  50-31  exchange companies that are audio and video programmers is limited
  50-32  to the requirements of this section and does not extend to subjects
  50-33  not specifically provided herein.
  50-34        (h)  This section does not apply to an incumbent local
  50-35  exchange company having 100,000 or fewer total access lines in
  50-36  service in this state.
  50-37        (i)  A company to which this section applies may petition the
  50-38  commission for a waiver from any of the requirements imposed
  50-39  herein.  The commission shall grant the waiver if it is in the
  50-40  public interest to do so, taking into account whether the need for
  50-41  the restriction still exists in the market involved.  The
  50-42  commission may revoke any waiver granted if it is shown that
  50-43  conditions under which the waiver was granted have materially
  50-44  changed and it is in the public interest to do so.
  50-45        Sec. 3.503.  ADVERTISING.  (a)  Advertising agency services
  50-46  include the functions generally performed by a general advertising
  50-47  agency, including advertising development, advertising purchase,
  50-48  advertising consultation, advertising copywriting, and advertising
  50-49  research.
  50-50        (b)  An incumbent local exchange company may not sell
  50-51  advertising agency services to nonaffiliates in this state.
  50-52  Nothing herein prohibits a local exchange company from:
  50-53              (1)  any activities to promote or sell
  50-54  telecommunications services and equipment, including voice, data,
  50-55  video dial tone, video programming, audio programming, cellular,
  50-56  interactive media, software, and other related services and
  50-57  equipment; or
  50-58              (2)  any activities that seek to enhance or promote the
  50-59  use of the telecommunications network.
  50-60        (c)  A separate corporate affiliate of an  incumbent local
  50-61  exchange company may engage in advertising agency activities, but
  50-62  in the conduct of that business a separate corporate affiliate:
  50-63              (1)  shall maintain books, records, and accounts that
  50-64  are separate from those of  an incumbent  local exchange company,
  50-65  which books, records, and accounts shall be kept in accordance with
  50-66  generally accepted accounting principles;
  50-67              (2)  shall prepare financial statements that are not
  50-68  consolidated with those of an incumbent  local exchange company
  50-69  provided, however, that financial statements and consolidated tax
  50-70  returns may be prepared that consolidate the operation of the
   51-1  separate corporate affiliate with a parent company and its other
   51-2  subsidiaries;
   51-3              (3)  may not incur debt in a manner that would permit a
   51-4  creditor on default to have recourse to the assets of the incumbent
   51-5  local exchange company;
   51-6              (4)  may not have any directors, officers, or employees
   51-7  in common with the incumbent local exchange company;
   51-8              (5)  shall maintain a separate corporate entity from
   51-9  the incumbent local exchange company; and
  51-10              (6)  may not use the names, trademarks, or service
  51-11  marks of the  incumbent local exchange company, but this does not
  51-12  prohibit the use of those names or marks where they are used in
  51-13  common with the parent, affiliate, or owner of the incumbent local
  51-14  exchange company.
  51-15        (d)  Except as provided by Subsection (b) of this section,
  51-16  an incumbent local exchange company that has an affiliate that
  51-17  provides advertising agency services on behalf of nonaffiliates in
  51-18  this state may not jointly market that affiliate's advertising
  51-19  agency services in connection with telecommunications services and
  51-20  equipment provided by the incumbent local exchange company.  This
  51-21  prohibition does not apply to advertising in telephone directories
  51-22  in whatever form disseminated.
  51-23        (e)  Nothing herein prevents the incumbent local exchange
  51-24  company from providing telephone solicitation services for
  51-25  charitable organizations.
  51-26        (f)  This section does not apply to an incumbent local
  51-27  exchange company having 100,000 or fewer total access lines in
  51-28  service in this state.
  51-29        (g)  A company to which this section applies may petition the
  51-30  commission for a waiver from any of the requirements imposed
  51-31  herein.  The commission shall grant the waiver if it is in the
  51-32  public interest to do so, taking into account whether the need for
  51-33  the restriction still exists in the market involved.  The
  51-34  commission may revoke any waiver granted if it is shown that
  51-35  conditions under which the waiver was granted have materially
  51-36  changed and it is in the public interest to do so.
  51-37        Sec. 3.504.  VIDEO CARRIAGE.  (a)  Subject to a programmer
  51-38  operating as a common channel manager under the provisions of
  51-39  Subsection (c) of this section, each incumbent local exchange
  51-40  company that provides telecommunications services that are used in
  51-41  the transmission of video programming directly to subscribers or
  51-42  that enables customers to access video programming shall permit
  51-43  local full-power, FCC-licensed broadcast stations, to the extent
  51-44  capacity permits, access to these telecommunications services at
  51-45  tariffed rates or, if those services are not provided under a
  51-46  tariff, on similar terms and conditions as other video programmers
  51-47  that provide similar programming.  The incumbent local exchange
  51-48  company shall transmit the signals delivered to it by the local
  51-49  broadcast station without material degradation, and the quality
  51-50  offered may not be less than that made available to other video
  51-51  programmers.
  51-52        (b)  Each incumbent local exchange company that provides
  51-53  telecommunications services that are used in the transmission of
  51-54  video programming directly to subscribers or to enable customers to
  51-55  access video programming:
  51-56              (1)  may not unreasonably discriminate among
  51-57  programming providers with respect to transmission of their
  51-58  signals;
  51-59              (2)  may not delete, change, or alter any copyright
  51-60  identification transmitted as part of the programming signal; and
  51-61              (3)  shall, if it provides a "video dial tone service"
  51-62  with a level one gateway, as that term is defined by the Federal
  51-63  Communications Commission, make available to programmers a menu or
  51-64  programming guide on which programmers may display a listing of the
  51-65  stations required to be carried by the programmer under Subsection
  51-66  (c) of this section.
  51-67        (c)  To the extent that federal law and Federal
  51-68  Communications Commission rules and orders permit, a programmer
  51-69  operating as a common channel manager that purchases for commercial
  51-70  purposes 50 or more analog channels on a local exchange video dial
   52-1  tone level one platform over which video programming is made
   52-2  available to subscribers, shall make available to subscribers local
   52-3  full-power, Federal Communications Commission-licensed television
   52-4  stations, provided that retransmission is granted under Subsection
   52-5  (d) of this section.  A programmer subject to this section shall be
   52-6  required to make available up to six television stations, except
   52-7  that in markets that contain a county having a population of more
   52-8  than one million, the programmer shall be required to make
   52-9  available up to nine full-power, Federal Communications
  52-10  Commission-licensed local broadcast stations.  The programmer shall
  52-11  make the selection of the broadcast channels to be carried under
  52-12  this section.
  52-13        (d)  A Federal Communications Commission-licensed television
  52-14  station seeking carriage under Subsection (c) of this section shall
  52-15  grant retransmission consent to the programmer and to the incumbent
  52-16  local exchange company.  However, nothing in this Act requires a
  52-17  programmer or incumbent local exchange company to provide monetary
  52-18  payment or other valuable consideration in exchange for that
  52-19  carriage.
  52-20        (e)  This section does not apply to  an incumbent local
  52-21  exchange company having 100,000 or fewer total access lines in
  52-22  service in this state or to a programmer on the video dial tone
  52-23  platform of that  incumbent local exchange company.
  52-24        (f)  A company to which this section applies may petition the
  52-25  commission for a waiver from any of the requirements imposed
  52-26  herein.  The commission shall grant the waiver if it is in the
  52-27  public interest to do so, taking into account whether the need for
  52-28  the restriction still exists in the market involved.  The
  52-29  commission may revoke any waiver granted if it is shown that
  52-30  conditions under which the waiver was granted have materially
  52-31  changed and it is in the public interest to do so.
  52-32        (g)  Except as otherwise specifically provided by this Act,
  52-33  the commission's jurisdiction over affiliates of incumbent local
  52-34  exchange companies that are video programmers is limited to the
  52-35  requirements of this section and does not extend to subjects not
  52-36  specifically provided herein.
  52-37        (h)  This section expires August 31, 1999.
  52-38        Sec. 3.505.  AUDIO CARRIAGE.  (a)  To the extent that federal
  52-39  law and Federal Communications Commission rules and orders permit,
  52-40  and consistent with technical specifications, a programmer
  52-41  operating as a common channel manager that makes available for
  52-42  commercial purposes to subscribers 12 or more channels of audio
  52-43  programming similar to broadcasts of Federal Communications
  52-44  Commission-licensed radio stations on an incumbent local exchange
  52-45  company's level one video dial tone platform shall make available
  52-46  to subscribers local Federal Communications Commission-licensed
  52-47  radio stations, provided that retransmission is granted under
  52-48  Subsection (b) of this section.  A programmer subject to this
  52-49  subsection may not be required to make available more than
  52-50  one-third of its analog audio channels to radio stations.  The
  52-51  programmer shall make the selection of the radio stations to be
  52-52  carried under this section.
  52-53        (b)  A local Federal Communications Commission-licensed radio
  52-54  station seeking carriage under Subsection (a) of this section shall
  52-55  grant retransmission consent to the programmer and the incumbent
  52-56  local exchange company.  However, nothing in this Act requires a
  52-57  programmer or incumbent local exchange company to provide monetary
  52-58  payment or other valuable consideration in exchange for that
  52-59  carriage.
  52-60        (c)  This section does not apply to  an incumbent  local
  52-61  exchange company having 100,000 or fewer total access lines in
  52-62  service in this state or to a programmer on the video dial tone
  52-63  platform of that incumbent local exchange company.
  52-64        (d)  A company to which this section applies may petition the
  52-65  commission for a waiver from any of the requirements imposed
  52-66  herein.  The commission shall grant the waiver if it is in the
  52-67  public interest to do so, taking into account whether the need for
  52-68  the restriction still exists in the market involved.  The
  52-69  commission may revoke any waiver granted if it is shown that
  52-70  conditions under which the waiver was granted have materially
   53-1  changed and it is in the public interest to do so.
   53-2        (e)  Except as otherwise specifically provided by this Act,
   53-3  the commission's jurisdiction over affiliates of incumbent local
   53-4  exchange companies that are video programmers is limited to the
   53-5  requirements of this section and does not extend to subjects not
   53-6  specifically provided herein.
   53-7        (f)  This section expires August 31, 1999.
   53-8        Sec. 3.506.  APPLICATION OF SUBTITLE.  This subtitle does not
   53-9  apply to a cable company.
  53-10                  SUBTITLE L.  ELECTRONIC PUBLISHING
  53-11        Sec. 3.551.  DEFINITIONS.  In this subtitle:
  53-12              (1)  "Affiliate" means any entity that, directly or
  53-13  indirectly, owns or controls, is owned or controlled by, or is
  53-14  under common ownership or control with an incumbent  local exchange
  53-15  company.  The term does not include a separated affiliate.
  53-16              (2)  "Basic telephone service" means any wireline
  53-17  telephone exchange service, or wireline telephone exchange
  53-18  facility, provided by an incumbent local exchange company in a
  53-19  telephone exchange area, other than a competitive wireline
  53-20  telephone exchange service provided in a telephone exchange area
  53-21  where another entity provides a wireline telephone exchange service
  53-22  that was provided on January 1, 1984, and a commercial mobile
  53-23  service provided by an affiliate that is required by the Federal
  53-24  Communications Commission to be a corporate entity separate from
  53-25  the local exchange company.
  53-26              (3)  "Basic telephone service information" means
  53-27  network and customer information of  an incumbent  local exchange
  53-28  company and other information acquired by an incumbent  local
  53-29  exchange company as a result of its engaging in the provision of
  53-30  basic telephone service.
  53-31              (4)  "Control" has the meaning provided by 17 C.F.R.
  53-32  Section 240.12b--2, the regulations promulgated by the Securities
  53-33  and Exchange Commission under the Securities Exchange Act of 1934
  53-34  (15 U.S.C. Section 78a et seq.) or any successor provision to that
  53-35  section.
  53-36              (5)(A)  "Electronic publishing" means the
  53-37  dissemination, provision, publication, or sale to an unaffiliated
  53-38  entity or person, using an incumbent local exchange company's basic
  53-39  telephone service, of:
  53-40                          (i)  news;
  53-41                          (ii)  entertainment (other than interactive
  53-42  games);
  53-43                          (iii)  business, financial, legal,
  53-44  consumer, or credit material;
  53-45                          (iv)  editorials;
  53-46                          (v)  columns;
  53-47                          (vi)  sports reporting;
  53-48                          (vii)  features;
  53-49                          (viii)  advertising;
  53-50                          (ix)  photos or images;
  53-51                          (x)  archival or research material;
  53-52                          (xi)  legal notices or public records;
  53-53                          (xii)  scientific, educational,
  53-54  instructional, technical, professional, trade, or other literary
  53-55  materials; or
  53-56                          (xiii)  other like or similar information.
  53-57                    (B)  "Electronic publishing" does not include the
  53-58  following network services:
  53-59                          (i)  information access, as that term is
  53-60  defined by the modification of final judgment;
  53-61                          (ii)  the transmission of information as a
  53-62  common carrier;
  53-63                          (iii)  the transmission of information as
  53-64  part of a gateway to an information service that does not involve
  53-65  the generation or alteration of the content of information,
  53-66  including data transmission, address translation, protocol
  53-67  conversion, billing management, introductory information content,
  53-68  and navigational systems that enable users to access electronic
  53-69  publishing services, that do not affect the presentation of those
  53-70  electronic publishing services to users;
   54-1                          (iv)  voice storage and retrieval services,
   54-2  including voice messaging and electronic mail services;
   54-3                          (v)  level 2 gateway services as those
   54-4  services are defined by the Federal Communications Commission's
   54-5  Second Report and Order, Recommendation to Congress and Second
   54-6  Further Notice of Proposed Rulemaking in CC Docket No.  87-266
   54-7  dated August 14, 1992;
   54-8                          (vi)  data processing services that do not
   54-9  involve the generation or alteration of the content of information;
  54-10                          (vii)  transaction processing systems that
  54-11  do not involve the generation or alteration of the content of
  54-12  information;
  54-13                          (viii)  electronic billing or advertising
  54-14  of an incumbent  local exchange company's regulated
  54-15  telecommunications services;
  54-16                          (ix)  language translation;
  54-17                          (x)  conversion of data from one format to
  54-18  another;
  54-19                          (xi)  the provision of information
  54-20  necessary for the management, control, or operation of a telephone
  54-21  company telecommunications system;
  54-22                          (xii)  the provision of directory
  54-23  assistance that provides names, addresses, and telephone numbers
  54-24  and does not include advertising;
  54-25                          (xiii)  caller identification services;
  54-26                          (xiv)  repair and provisioning databases
  54-27  for telephone company operations;
  54-28                          (xv)  credit card and billing validation
  54-29  for telephone company operations;
  54-30                          (xvi)  911-E and other emergency assistance
  54-31  databases;
  54-32                          (xvii)  any other network service of a type
  54-33  that is like or similar to these network services and that does not
  54-34  involve the generation or alteration of the content of information;
  54-35                          (xviii)  any upgrades to these network
  54-36  services that do not involve the generation or alteration of the
  54-37  content of information;
  54-38                          (xix)  full motion video entertainment on
  54-39  demand; and
  54-40                          (xx)  video programming as defined by
  54-41  Section 602, Communications Act of 1934 (47 U.S.C. Section 522).
  54-42              (6)  "Electronic publishing joint venture" means a
  54-43  joint venture owned by an incumbent  local exchange company or
  54-44  affiliate that engages in the provision of electronic publishing
  54-45  that is disseminated by means of that  incumbent local exchange
  54-46  company's or any of its affiliates' basic telephone service.
  54-47              (7)  "Entity" means any organization, and includes a
  54-48  corporation, partnership, sole proprietorship, association, and
  54-49  joint venture.
  54-50              (8)  "Inbound telemarketing" means the marketing of
  54-51  property, goods, or services by telephone to a customer or
  54-52  potential customer who initiated the call.
  54-53              (9)  "Own," with respect to an entity, means to have a
  54-54  direct or indirect equity interest, or the equivalent, of more than
  54-55  10 percent of an entity, or the right to more than 10 percent of
  54-56  the gross revenues of an entity under a revenue sharing or royalty
  54-57  agreement.
  54-58              (10)  "Separated affiliate" means a corporation under
  54-59  common ownership or control with an incumbent  local exchange
  54-60  company that does not own or control an incumbent  local exchange
  54-61  company and is not owned or controlled by an incumbent  local
  54-62  exchange company and that engages in the provision of electronic
  54-63  publishing that is disseminated by means of the incumbent local
  54-64  exchange company's or any of its affiliates' basic telephone
  54-65  service.
  54-66              (11)  "Incumbent local exchange company" means, for
  54-67  purposes of this subtitle only,  a company serving more than five
  54-68  million access lines in this state and subject to the modification
  54-69  of final judgment or any entity owned or controlled by that
  54-70  corporation, or any successor or assign of that corporation. The
   55-1  term does not include an electronic publishing joint venture owned
   55-2  by that corporation or entity and permitted by Section 3.559.
   55-3        Sec. 3.552.  Electronic Publishing.  (a)  An incumbent local
   55-4  exchange company or an affiliate may not engage in the provision of
   55-5  electronic publishing that is disseminated by means of the
   55-6  incumbent local exchange company's or any of its affiliates' basic
   55-7  telephone service.
   55-8        (b)  Nothing in this subtitle prohibits a separated affiliate
   55-9  or electronic publishing joint venture from engaging in the
  55-10  provision of electronic publishing or any other lawful service in
  55-11  any area.
  55-12        (c)  Nothing in this subtitle prohibits an incumbent local
  55-13  exchange company or affiliate from engaging in the provision of any
  55-14  lawful service other than electronic publishing in any area or from
  55-15  engaging in the provision of electronic publishing that is not
  55-16  disseminated by means of the incumbent local exchange company's or
  55-17  any of its affiliates' basic telephone service.
  55-18        Sec. 3.553.  SEPARATED AFFILIATE OR ELECTRONIC PUBLISHING
  55-19  JOINT VENTURE REQUIREMENTS.  A separated affiliate or electronic
  55-20  publishing joint venture:
  55-21              (1)  shall maintain books, records, and accounts that
  55-22  are separate from those of the incumbent local exchange company and
  55-23  from any affiliate and that record in accordance with generally
  55-24  accepted accounting principles all transactions, whether direct or
  55-25  indirect, with the incumbent local exchange company;
  55-26              (2)  may not incur debt in a manner that would permit a
  55-27  creditor on default to have recourse to the assets of the incumbent
  55-28  local exchange company;
  55-29              (3)  shall prepare financial statements that are not
  55-30  consolidated with those of the incumbent local exchange company or
  55-31  an affiliate, provided that consolidated statements may also be
  55-32  prepared;
  55-33              (4)  shall file with the commission annual reports in a
  55-34  form substantially equivalent to the Form 10-K required by
  55-35  regulations of the Securities and Exchange Commission;
  55-36              (5)  after September 1, 1996, may not hire:
  55-37                    (A)  as corporate officers, sales and marketing
  55-38  management personnel whose responsibilities at the separated
  55-39  affiliate or electronic publishing joint venture will include the
  55-40  geographic areas where the incumbent local exchange company
  55-41  provides basic telephone service;
  55-42                    (B)  network operations personnel whose
  55-43  responsibilities at the separated affiliate or electronic
  55-44  publishing joint venture would require dealing directly with the
  55-45  incumbent local exchange company; or
  55-46                    (C)  any person who was employed by the incumbent
  55-47  local exchange company during the year preceding the date of hire,
  55-48  except that the requirements of this paragraph do not apply to
  55-49  persons subject to a collective bargaining agreement that gives
  55-50  those persons rights to be employed by a separated affiliate or
  55-51  electronic publishing joint venture of the local exchange company;
  55-52              (6)  may not provide any wireline telephone exchange
  55-53  service in any telephone exchange area in which an incumbent local
  55-54  exchange company with which it is under common ownership or control
  55-55  provides basic telephone exchange service except on a resale basis;
  55-56              (7)  may not use the name, trademarks, or service marks
  55-57  of an existing incumbent local exchange company except for names,
  55-58  trademarks, or service marks that were used in common with the
  55-59  entity that owns or controls the incumbent local exchange company;
  55-60              (8)  shall have performed annually by March 31, or any
  55-61  other date prescribed by the commission, a compliance review:
  55-62                    (A)  that is conducted by an independent entity
  55-63  that is subject to professional, legal, and ethical obligations for
  55-64  the purpose of determining compliance during the preceding calendar
  55-65  year with any provision of this subtitle that imposes a requirement
  55-66  on the separated affiliate or electronic publishing joint venture;
  55-67  and
  55-68                    (B)  the results of which are maintained by the
  55-69  separated affiliate for a period of five years subject to review by
  55-70  any lawful authority; and
   56-1              (9)  shall within 90 days after the date of receiving a
   56-2  review described by Subdivision (8) of this subsection, file a
   56-3  report of any exceptions and corrective action with the commission
   56-4  and allow any person to inspect and copy the report subject to
   56-5  reasonable safeguards to protect any proprietary information
   56-6  contained in the report from being used for purposes other than to
   56-7  enforce or pursue remedies under this subtitle.
   56-8        Sec. 3.554.  INCUMBENT LOCAL EXCHANGE COMPANY REQUIREMENTS.
   56-9  (a)  An incumbent local exchange company under common ownership or
  56-10  control with a separated affiliate or electronic publishing joint
  56-11  venture:
  56-12              (1)  may not provide a separated affiliate any
  56-13  facilities, services, or basic telephone service information unless
  56-14  it makes those facilities, services, or information available to
  56-15  unaffiliated entities on request and on the same terms and
  56-16  conditions;
  56-17              (2)  shall carry out transactions with a separated
  56-18  affiliate in a manner equivalent to the manner that unrelated
  56-19  parties would carry out independent transactions and not based on
  56-20  the affiliation;
  56-21              (3)  shall carry out transactions with a separated
  56-22  affiliate, that involve the transfer of personnel, assets, or
  56-23  anything of value, in accordance with written contracts or tariffs
  56-24  that are filed with the commission and made publicly available;
  56-25              (4)  shall carry out transactions with a separated
  56-26  affiliate in a manner that is auditable in accordance with
  56-27  generally accepted auditing standards;
  56-28              (5)  shall value any assets that are transferred to a
  56-29  separated affiliate at the greater of net book cost or fair market
  56-30  value;
  56-31              (6)  shall value any assets that are transferred to the
  56-32  incumbent local exchange company by its separated affiliate at the
  56-33  lesser of net book cost or fair market value;
  56-34              (7)  may not, except for instances where Federal
  56-35  Communications Commission or commission rules or regulations permit
  56-36  in-arrears payment for tariffed telecommunications services or the
  56-37  investment by an affiliate of dividends or profits derived from an
  56-38  incumbent  local exchange company, provide debt or equity financing
  56-39  directly or indirectly to a separated affiliate;
  56-40              (8)  shall comply fully with all applicable Federal
  56-41  Communications Commission and commission cost allocation and other
  56-42  accounting rules;
  56-43              (9)  shall have performed annually by March 31, or any
  56-44  other date prescribed by the commission, a compliance review:
  56-45                    (A)  that is conducted by an independent entity
  56-46  that is subject to professional, legal, and ethical obligations for
  56-47  the purpose of determining compliance during the preceding calendar
  56-48  year with any provision of this subtitle that imposes a requirement
  56-49  on the incumbent local exchange company; and
  56-50                    (B)  the results of which are maintained by the
  56-51  incumbent local exchange company for a period of five years subject
  56-52  to review by any lawful authority; and
  56-53              (10)  shall within 90 days after the date of receiving
  56-54  a review described by Subdivision (9) of this subsection, file a
  56-55  report of any exceptions and corrective action with the commission
  56-56  and allow any person to inspect and copy the report subject to
  56-57  reasonable safeguards to protect any proprietary information
  56-58  contained in the report from being used for purposes other than to
  56-59  enforce or pursue remedies under this subtitle.
  56-60        (b)  If the incumbent local exchange company provides
  56-61  facilities or services for telecommunication, transmission, billing
  56-62  and collection, or expanded interconnection to any electronic
  56-63  publisher, including a separated affiliate, for use with or in
  56-64  connection with the provision of electronic publishing that is
  56-65  disseminated by means of the incumbent local exchange company's or
  56-66  any of its affiliates' basic telephone service, the incumbent local
  56-67  exchange company shall provide to all other electronic publishers
  56-68  the same type of facilities and services on request, on the same
  56-69  terms and conditions or as required by the Federal Communications
  56-70  Commission or the commission, and unbundled and individually
   57-1  tariffed to the smallest extent that is technically feasible and
   57-2  economically reasonable to provide.
   57-3        (c)  The incumbent local exchange company shall provide
   57-4  network access and interconnections for basic telephone service to
   57-5  electronic publishers at any technically feasible and economically
   57-6  reasonable point within the incumbent local exchange company's
   57-7  network and at just and reasonable rates that are tariffed, so long
   57-8  as rates for those services are subject to regulation, and that are
   57-9  not higher on a per unit basis than those charged for those
  57-10  services to any other electronic publisher or any separated
  57-11  affiliate engaged in electronic publishing.
  57-12        (d)  If prices for network access and interconnection for
  57-13  basic telephone service are no longer subject to regulation, the
  57-14  incumbent local exchange company shall provide electronic
  57-15  publishers those services on the same terms and conditions as a
  57-16  separated affiliate receives those services.
  57-17        (e)  If any basic telephone service used by electronic
  57-18  publishers ceases to require a tariff, the incumbent local exchange
  57-19  company shall  provide electronic publishers with that service on
  57-20  the same terms and conditions as a separated affiliate receives
  57-21  that service.
  57-22        (f)  The incumbent local exchange company shall provide
  57-23  reasonable advance notification at the same time and on the same
  57-24  terms to all affected electronic publishers of information if the
  57-25  information is within any one or more of the following categories:
  57-26              (1)  information necessary for the transmission or
  57-27  routing of information by an interconnected electronic publisher;
  57-28              (2)  information necessary to ensure the
  57-29  interoperability of an electronic publisher's and the incumbent
  57-30  local exchange company's networks; or
  57-31              (3)  information that relates to changes in basic
  57-32  telephone service network design and technical standards that may
  57-33  affect the provision of electronic publishing.
  57-34        (g)  The incumbent local exchange company may not directly or
  57-35  indirectly provide anything of monetary value to a separated
  57-36  affiliate unless in exchange for consideration at least equal to
  57-37  the greater of its net book cost or fair market value, except the
  57-38  investment by an affiliate of dividends or profits derived from an
  57-39  incumbent local exchange company.
  57-40        (h)  The incumbent local exchange company may not:
  57-41              (1)  discriminate in the presentation or provision of
  57-42  any gateway for electronic publishing services or any electronic
  57-43  directory of information services that is provided over the
  57-44  incumbent local exchange company's basic telephone service;
  57-45              (2)  have any directors, officers, or employees in
  57-46  common with a separated affiliate;
  57-47              (3)  own any property in common with a separated
  57-48  affiliate;
  57-49              (4)  perform hiring or training of personnel on behalf
  57-50  of a separated affiliate;
  57-51              (5)  perform the purchasing, installation, or
  57-52  maintenance of equipment on behalf of a separated affiliate, except
  57-53  for telephone service that the company provides under tariff or
  57-54  contract subject to the provisions of this subtitle; or
  57-55              (6)  perform research and development on behalf of a
  57-56  separated affiliate.
  57-57        Sec. 3.555.  CUSTOMER PROPRIETARY NETWORK INFORMATION.
  57-58  Consistent with Section 232, Communications Act of 1934, as
  57-59  amended, and Section 3.501 of this Act, an incumbent local exchange
  57-60  company or an affiliate may not provide to an electronic publisher,
  57-61  including a separated affiliate or electronic publishing joint
  57-62  venture, customer proprietary network information for use with or
  57-63  in connection with the provision of electronic publishing that is
  57-64  disseminated by means of the incumbent local exchange company's or
  57-65  any of its affiliates' basic telephone service that is not made
  57-66  available by the incumbent local exchange company or affiliate to
  57-67  all electronic publishers on the same terms and conditions.
  57-68        Sec. 3.556.  COMPLIANCE WITH SAFEGUARDS.  An incumbent local
  57-69  exchange company or affiliate, including a separated affiliate, may
  57-70  not act in concert with another incumbent local exchange company or
   58-1  any other entity to knowingly and wilfully violate or evade the
   58-2  requirements of this subtitle.
   58-3        Sec. 3.557.  INCUMBENT LOCAL EXCHANGE COMPANY DIVIDENDS.
   58-4  Nothing in this subtitle prohibits an affiliate from investing
   58-5  dividends derived from an incumbent local exchange company in its
   58-6  separated affiliate, and Sections 3.560 and 3.561 of this Act do
   58-7  not apply to that investment.
   58-8        Sec. 3.558.  JOINT MARKETING.  Except as provided by Section
   58-9  3.559 of this Act, an incumbent local exchange company may not
  58-10  carry out:
  58-11              (1)  any promotion, marketing, sales, or advertising
  58-12  for or in conjunction with a separated affiliate; or
  58-13              (2)  any promotion, marketing, sales, or advertising
  58-14  for or in conjunction with an affiliate that is related to the
  58-15  provision of electronic publishing.
  58-16        Sec. 3.559.  PERMISSIBLE JOINT ACTIVITIES.  (a)  An incumbent
  58-17  local exchange company may provide inbound telemarketing or
  58-18  referral services related to the provision of electronic publishing
  58-19  for a separated affiliate, electronic publishing joint venture,
  58-20  affiliate, or unaffiliated electronic publisher, provided that if
  58-21  those services are provided to a separated affiliate, electronic
  58-22  publishing joint venture, or affiliate, those services shall be
  58-23  made available to all electronic publishers on request, on
  58-24  nondiscriminatory terms, at compensatory prices, and subject to
  58-25  regulations of the commission to ensure that the incumbent local
  58-26  exchange company's method of providing telemarketing or referral
  58-27  and its price structure do not competitively disadvantage any
  58-28  electronic publishers regardless of size, including those that do
  58-29  not use the incumbent local exchange company's telemarketing
  58-30  services.
  58-31        (b)  An incumbent local exchange company may engage in
  58-32  nondiscriminatory teaming or business arrangements to engage in
  58-33  electronic publishing with any separated affiliate or with any
  58-34  other electronic publisher, provided that the incumbent local
  58-35  exchange company provides only facilities, services, and basic
  58-36  telephone service information as authorized by this subtitle, and
  58-37  provided that the incumbent local exchange company does not own
  58-38  that teaming or business arrangement.
  58-39        (c)  An incumbent local exchange company or affiliate may
  58-40  participate on a nonexclusive basis in electronic publishing joint
  58-41  ventures with an entity that is not an incumbent  local exchange
  58-42  company, affiliate, or separated affiliate to provide electronic
  58-43  publishing services, provided that the incumbent local exchange
  58-44  company or affiliate has not more than a 50 percent direct or
  58-45  indirect equity interest, or the equivalent, or the right to more
  58-46  than 50 percent of the gross revenues under a revenue sharing or
  58-47  royalty agreement in any electronic publishing joint venture.
  58-48  Officers and employees of an incumbent local exchange company or
  58-49  affiliate participating in an electronic publishing joint venture
  58-50  may not have more than 50 percent of the voting control over the
  58-51  electronic publishing joint venture.  In the case of joint ventures
  58-52  with a small, local electronic publisher, the commission for good
  58-53  cause shown may authorize the incumbent local exchange company or
  58-54  affiliate to have a larger equity interest, revenue share, or
  58-55  voting control, but not to exceed 80 percent.  An incumbent local
  58-56  exchange company participating in an electronic publishing joint
  58-57  venture may provide promotion, marketing, sales, or advertising
  58-58  personnel and services to the joint venture.
  58-59        Sec. 3.560.  TRANSACTIONS RELATED TO THE PROVISION OF
  58-60  ELECTRONIC PUBLISHING BETWEEN AN INCUMBENT LOCAL EXCHANGE COMPANY
  58-61  AND ANY AFFILIATE.  (a)  Any provision of facilities, services, or
  58-62  basic telephone service information, or any transfer of assets,
  58-63  personnel, or anything of commercial or competitive value, from an
  58-64  incumbent local exchange company to an affiliate related to the
  58-65  provision of electronic publishing shall be:
  58-66              (1)  recorded in the books and records of each entity;
  58-67              (2)  auditable in accordance with generally accepted
  58-68  auditing standards; and
  58-69              (3)  done in accordance with written contracts or
  58-70  tariffs filed with the commission.
   59-1        (b)  A transfer of assets directly related to the provision
   59-2  of electronic publishing from an incumbent local exchange company
   59-3  to an affiliate shall be valued at the greater of net book cost or
   59-4  fair market value.  A transfer of assets related to the provision
   59-5  of electronic publishing from an affiliate to the incumbent local
   59-6  exchange company shall be valued at the lesser of net book cost or
   59-7  fair market value.
   59-8        (c)  An incumbent local exchange company may not provide
   59-9  directly or indirectly to a separated affiliate any facilities,
  59-10  services, or basic telephone service information related to the
  59-11  provision of electronic publishing that are not made available to
  59-12  unaffiliated companies on the same terms and conditions.
  59-13        Sec. 3.561.  TRANSACTIONS RELATED TO THE PROVISION OF
  59-14  ELECTRONIC PUBLISHING BETWEEN AN AFFILIATE AND A SEPARATED
  59-15  AFFILIATE.  (a)  Any facilities, services, or basic telephone
  59-16  service information provided, or any assets, personnel, or anything
  59-17  of commercial or competitive value transferred, from an incumbent
  59-18  local exchange company to an affiliate as described by Section
  59-19  3.560 of this Act and then provided or transferred to a separated
  59-20  affiliate shall be:
  59-21              (1)  recorded in the books and records of each entity;
  59-22              (2)  auditable in accordance with generally accepted
  59-23  auditing standards; and
  59-24              (3)  done in accordance with written contracts or
  59-25  tariffs filed with the commission.
  59-26        (b)  A transfer of assets directly related to the provision
  59-27  of electronic publishing from an incumbent local exchange company
  59-28  to an affiliate as described by Section 3.560 of this Act and then
  59-29  transferred to a separated affiliate shall be valued at the greater
  59-30  of net book cost or fair market value.  A transfer of assets
  59-31  related to the provision of electronic publishing from a separated
  59-32  affiliate to an affiliate and then transferred to the incumbent
  59-33  local exchange company as described by Section 3.560 of this Act
  59-34  shall be valued at the lesser of net book cost or fair market
  59-35  value.
  59-36        (c)  An affiliate may not provide directly or indirectly to a
  59-37  separated affiliate any facilities, services, or basic telephone
  59-38  service information related to the provision of electronic
  59-39  publishing that are not made available to unaffiliated companies on
  59-40  the same terms and conditions.
  59-41        Sec. 3.562.  OTHER ELECTRONIC PUBLISHERS.  (a)  Except as
  59-42  provided by Section 3.559(c) of this Act:
  59-43              (1)  an incumbent local exchange company may not have
  59-44  any officers, employees, property, or facilities in common with an
  59-45  entity whose principal business is publishing of which a part is
  59-46  electronic publishing; and
  59-47              (2)  an officer or employee of an incumbent local
  59-48  exchange company may not serve as a director of an entity whose
  59-49  principal business is publishing of which a part is electronic
  59-50  publishing.
  59-51        (b)  For the purposes of Subsection (a) of this section, an
  59-52  incumbent local exchange company or an affiliate that owns an
  59-53  electronic publishing joint venture may not be deemed to be engaged
  59-54  in the electronic publishing business solely because of that
  59-55  ownership.
  59-56        (c)  Except as provided by Section 3.559(c) of this Act, an
  59-57  incumbent local exchange company may not carry out:
  59-58              (1)  any marketing or sales for an entity that engages
  59-59  in electronic publishing; or
  59-60              (2)  any hiring of personnel, purchasing, or
  59-61  production, for an entity that engages in electronic publishing.
  59-62        (d)  Except as provided by Section 3.559(c) of this Act, the
  59-63  incumbent local exchange company may not provide any facilities,
  59-64  services, or basic telephone service information to an entity that
  59-65  engages in electronic publishing, for use with or in connection
  59-66  with the provision of electronic publishing that is disseminated by
  59-67  means of the incumbent local exchange company's or any of its
  59-68  affiliates' basic telephone service, unless equivalent facilities,
  59-69  services, or information are made available on equivalent terms and
  59-70  conditions to all.
   60-1        Sec. 3.563.  PRIVATE RIGHT OF ACTION.  (a)  A person claiming
   60-2  that an act or practice of an incumbent local exchange company,
   60-3  affiliate, or separated affiliate constitutes a violation of this
   60-4  subtitle may file a complaint with the commission or bring suit for
   60-5  the recovery of damages, and the incumbent local exchange company,
   60-6  affiliate, or separated affiliate shall be liable if the incumbent
   60-7  local exchange company does, or causes to be done, any act, matter,
   60-8  or thing in violation of this subtitle.  The incumbent local
   60-9  exchange company shall be liable to the person or persons injured
  60-10  thereby for the full amount of damages sustained in consequence of
  60-11  any violation of the provisions of this subtitle, together with a
  60-12  reasonable counsel or attorney's fees to be fixed by the court in
  60-13  every case of recovery, which attorney's fees shall be taxed and
  60-14  collected as part of the costs of the case.  Damages may not be
  60-15  awarded for a violation that is discovered by a compliance review
  60-16  as required by Section 3.553(8) or 3.554(a)(9) of this Act and
  60-17  corrected within 90 days.
  60-18        (b)  In addition to the provisions of Subsection (a) of this
  60-19  section, a person claiming that any act or practice of an incumbent
  60-20  local exchange company, affiliate, or separated affiliate
  60-21  constitutes a violation of this subtitle may make application to
  60-22  the commission for an order to cease and desist that violation or
  60-23  may make application in any state district court for an order
  60-24  enjoining those acts or practices or for an order compelling
  60-25  compliance with that requirement.
  60-26        Sec. 3.564.  ANTITRUST LAWS.  Nothing in this subtitle may be
  60-27  construed to modify, impair, or supersede the applicability of any
  60-28  of the antitrust laws.
  60-29        Sec. 3.565.  TRANSITION.  An electronic publishing service
  60-30  being offered to the public by an incumbent local exchange company
  60-31  or affiliate on the date of enactment of this subtitle shall have
  60-32  one year from that date of enactment to comply with the
  60-33  requirements of this subtitle.
  60-34        Sec. 3.566.  SUNSET.  The provisions of this subtitle do not
  60-35  apply to conduct occurring after June 30, 2001.
  60-36             SUBTITLE M.  INFORMATION TECHNOLOGY SERVICES
  60-37        Sec. 3.581.  DEFINITIONS.  In this subtitle:
  60-38              (1)  "Management consulting" means the development,
  60-39  refinement, and coordination of strategies to support a client's
  60-40  business direction, positively impact business performance, and
  60-41  improve operating results, in areas such as business planning,
  60-42  operations, information technology, marketing, finance, and human
  60-43  resources.
  60-44              (2)  "Systems development" means the creation,
  60-45  migration, or improvement of computer systems, including hardware
  60-46  and software, to meet specific business needs or to take advantage
  60-47  of changes in information technology.
  60-48              (3)  "Systems integration" means the acquisition,
  60-49  installation, and integration of hardware, software,
  60-50  communications, and related support components and services.
  60-51              (4)  "Systems management" means the ongoing management
  60-52  and operation of information technology components and may range
  60-53  from specialized systems applications to an enterprise's entire
  60-54  information technology function, including facilities and
  60-55  personnel.
  60-56              (5)  "Process management" means the ongoing
  60-57  responsibility for direction and operation of one or more business
  60-58  processes within an enterprise in areas such as administration,
  60-59  finance, human resources, operations, and sales and marketing.
  60-60        Sec. 3.582.  PROVISION OF INFORMATION TECHNOLOGY SERVICES
  60-61  THROUGH SEPARATE AFFILIATE.  (a)  Except for services and products
  60-62  provided on September 1, 1995, a local exchange company serving
  60-63  more than five million access lines in this state may not provide
  60-64  the following customized business products or services to customers
  60-65  with 50 or more access lines in this state:
  60-66              (1)  management consulting, except for consulting
  60-67  relating exclusively to telecommunications;
  60-68              (2)  information technology process or systems
  60-69  development;
  60-70              (3)  information technology process or systems
   61-1  integration; or
   61-2              (4)  information technology process or systems
   61-3  management.
   61-4        (b)  This section does not prohibit an affiliate of the local
   61-5  exchange company from providing any of the products or services
   61-6  described by Subsection (a) of this section in accordance with
   61-7  Sections 3.583 and 3.584 of this Act or prohibit a local exchange
   61-8  company from providing those products or services to itself.  The
   61-9  local exchange company may also provide those services to an
  61-10  affiliate if neither the local exchange company nor any of its
  61-11  affiliates are engaged in providing those products or services to
  61-12  unaffiliated third parties.
  61-13        (c)  The prohibitions prescribed by Subsection (b) of this
  61-14  section do not prohibit a local exchange company from:
  61-15              (1)  providing mass market and consumer market products
  61-16  and services directly to customers with fewer than 50 access lines
  61-17  in this state that use or rely on the use of information services,
  61-18  information systems, or information technology or processes; or
  61-19              (2)  selling or leasing billing and collection
  61-20  services, local area networks, wide area networks, or any other
  61-21  telecommunications service.
  61-22        Sec. 3.583.  SEPARATE AFFILIATE REQUIREMENTS.  (a)  An
  61-23  affiliate of the local exchange company providing a service
  61-24  described by Section 3.582(a) of this Act shall:
  61-25              (1)  operate independently from the local exchange
  61-26  company in the provision of its services;
  61-27              (2)  maintain its own books of accounts; and
  61-28              (3)  have separate officers, directors, and employees
  61-29  who may not also serve as officers, directors, or employees of the
  61-30  local exchange company, except that an officer of a corporate
  61-31  parent or holding company may serve as a director of the local
  61-32  exchange company and as a director of any other of the parent's
  61-33  subsidiaries that are in existence on September 1, 1995, or of any
  61-34  new subsidiary or affiliate established after September 1, 1995,
  61-35  that does not engage in the provision of a service described by
  61-36  Section 3.582(a) of this Act.
  61-37        (b)  All transactions between the local exchange company and
  61-38  the affiliate providing a service described by Section 3.582(a) of
  61-39  this Act shall be conducted on an "arms length" basis with respect
  61-40  to the acquisition of that service from the affiliate.
  61-41        (c)  The local exchange company shall maintain and keep
  61-42  available for inspection by the commission copies of all contracts
  61-43  or arrangements between the company and an affiliate relating to
  61-44  the local exchange company's acquisition of a service described by
  61-45  Section 3.582(a) of this Act from the affiliate.  The local
  61-46  exchange company's records must show each cash or noncash
  61-47  transaction with the affiliate for that service, including the
  61-48  payments for goods and services or any property right.
  61-49        (d)  The local exchange company and an affiliate engaged in a
  61-50  service described by Section 3.582(a) of this Act may not jointly
  61-51  own or share in the use of any property.
  61-52        Sec. 3.584.  ADDITIONAL COMPETITIVE SAFEGUARDS.  (a)  A local
  61-53  exchange company may not discriminate between an affiliate
  61-54  providing a service described by Section 3.582(a) of this Act and
  61-55  any other person in the provision or procurement of goods,
  61-56  services, facilities, or information or in the establishment of
  61-57  standards.
  61-58        (b)  A local exchange company or its affiliate may not use
  61-59  revenues from local exchange telephone service or from
  61-60  local-exchange-company-provided access services to subsidize the
  61-61  provision of a service described by Section 3.582(a) of this Act.
  61-62        (c)  This section does not prohibit the investment by an
  61-63  affiliate of dividends or profits derived from a local exchange
  61-64  company or the development of a product or service described by
  61-65  Section 3.582(a) of this Act by an affiliate of a local exchange
  61-66  company for the local exchange company if the investment or
  61-67  development complies with Section 3.583 of this Act.
  61-68      SUBTITLE N.  TELECOMMUNICATIONS SERVICE ASSISTANCE PROGRAM;
  61-69                        UNIVERSAL SERVICE FUND
  61-70        Sec. 3.601 <3.351>.  TEL-ASSISTANCE SERVICE.  The commission
   62-1  shall adopt and enforce rules requiring each local exchange company
   62-2  to establish a telecommunications service assistance program to be
   62-3  called "tel-assistance service."  This service is established to
   62-4  provide eligible consumers with a reduction in costs of
   62-5  telecommunications services.
   62-6        Sec. 3.602 <3.352>.  ELIGIBILITY FOR TEL-ASSISTANCE SERVICE;
   62-7  BURDEN OF PROOF; BILLING.  (a)  To be eligible for tel-assistance
   62-8  service, an applicant must be a head of household<, 65 years of age
   62-9  or older,> and disabled as determined by the Texas Department of
  62-10  Human Services and must have a household income at or below the
  62-11  poverty level as determined by the United States Office of
  62-12  Management and Budget and reported annually in the Federal
  62-13  Register.  The department, in accordance with this subtitle and
  62-14  rules adopted by the department for the program, shall develop
  62-15  procedures for taking applications for certification of eligibility
  62-16  and for determining program eligibility.  The burden of proving
  62-17  eligibility for tel-assistance service is on the consumer applying
  62-18  for the service.
  62-19        (b)  Each six months the department shall provide a list or
  62-20  lists of the names, addresses, and, if applicable, telephone
  62-21  numbers of all persons eligible for tel-assistance service to each
  62-22  local exchange company.  The local exchange company shall determine
  62-23  from the list those consumers to whom the company provides service
  62-24  and within 60 days after receiving the list shall begin
  62-25  tel-assistance billing for eligible consumers.  This billing shall
  62-26  continue until the local exchange company is notified by the
  62-27  department that a consumer is no longer eligible to receive
  62-28  tel-assistance service.
  62-29        Sec. 3.603 <3.353>.  TEL-ASSISTANCE SERVICES; BILLING; RATES.
  62-30  (a)  The local exchange company shall provide tel-assistance
  62-31  service to all eligible consumers within its certificated area in
  62-32  the form of a reduction on each eligible consumer's telephone bill.
  62-33  The reduction shall apply only to the following types of service:
  62-34              (1)  residential flat rate basic local exchange
  62-35  service;
  62-36              (2)  residential local exchange access service; and
  62-37              (3)  residential local area calling usage, except that
  62-38  the reduction for local area calling usage shall be limited to an
  62-39  amount such that together with the reduction for local exchange
  62-40  access service the rate does not exceed the comparable reduced flat
  62-41  rate for the service.
  62-42        (b)  No other local voice service may be provided to the
  62-43  dwelling place of a tel-assistance consumer, nor may single or
  62-44  party line optional extended area service, optional extended area
  62-45  calling service, foreign zone, or foreign exchange service be
  62-46  provided to a tel-assistance consumer.  Nothing in this section
  62-47  shall prohibit a person otherwise eligible to receive
  62-48  tel-assistance service from obtaining and using telecommunications
  62-49  equipment designed to aid such person in utilizing
  62-50  telecommunications services.
  62-51        (c)  The reduction allowed by the telecommunications service
  62-52  assistance program shall be 65 percent of the applicable tariff
  62-53  rate for the service provided.
  62-54        Sec. 3.604 <3.354>.  STATEWIDE TELECOMMUNICATIONS RELAY
  62-55  ACCESS SERVICE FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED.  (a)  The
  62-56  commission shall adopt and enforce rules establishing a statewide
  62-57  telecommunications relay access service for the hearing-impaired
  62-58  and speech-impaired using specialized communications equipment such
  62-59  as telecommunications devices for the deaf (TDD) and operator
  62-60  translations.  The purpose of this section is to provide for the
  62-61  uniform and coordinated provision of the service on a statewide
  62-62  basis by one telecommunications carrier.
  62-63        (b)  Commission rules relating to a statewide
  62-64  telecommunications relay access service for the hearing-impaired
  62-65  and speech-impaired shall provide that:
  62-66              (1)  the service shall provide the hearing-impaired and
  62-67  speech-impaired with access to the telecommunications network in
  62-68  Texas equal to that provided other customers;
  62-69              (2)  the service shall consist of the following:
  62-70                    (A)  switching and transmission of the call;
   63-1                    (B)  verbal and print translations by either live
   63-2  or automated means between hearing-impaired and speech-impaired
   63-3  individuals who use TDD equipment or similar automated devices and
   63-4  others who do not have such equipment; and
   63-5                    (C)  other service enhancements proposed by the
   63-6  carrier and approved by the commission;
   63-7              (3)  the calling or called party shall bear no charge
   63-8  for calls originating and terminating within the same local calling
   63-9  area;
  63-10              (4)  the calling or called party shall bear one-half of
  63-11  the total charges established by contract with the commission for
  63-12  intrastate interexchange calls;
  63-13              (5)  as specified in its contract with the commission,
  63-14  charges related to providing the service which are not borne by a
  63-15  calling or called party pursuant to Subdivisions (3) and (4) of
  63-16  this subsection shall be funded from the universal service fund;
  63-17              (6)  local exchange companies may not impose
  63-18  interexchange carrier access charges on calls which make use of
  63-19  this service and which originate and terminate in the same local
  63-20  calling area;
  63-21              (7)  local exchange companies shall provide billing and
  63-22  collection services in support of this service at just and
  63-23  reasonable rates; and
  63-24              (8)  if the commission orders a local exchange company
  63-25  to provide for a trial telecommunications relay access service for
  63-26  the hearing-impaired or speech-impaired, all pertinent costs and
  63-27  design information from this trial shall be available to the
  63-28  general public.
  63-29        (c)  The commission shall allow telecommunications utilities
  63-30  to recover their universal service fund assessment related to this
  63-31  service through a surcharge which the utility may add to its
  63-32  customers' bills.  The commission shall specify how the amount of
  63-33  the surcharge is to be determined by each utility.  If a utility
  63-34  chooses to impose the surcharge, the bill shall list the surcharge
  63-35  as the "universal service fund surcharge."
  63-36        (d)  The commission shall set the appropriate assessments for
  63-37  the funding of the service by all telecommunications utilities.  In
  63-38  setting the appropriate assessments, the commission shall consider
  63-39  the aggregate calling pattern of the users of the service and all
  63-40  other factors found appropriate and in the public interest by the
  63-41  commission.  The commission shall review the assessments annually
  63-42  and adjust the assessments as found appropriate hereunder.
  63-43        (e)  The commission shall select the telecommunications
  63-44  carrier which will provide the statewide telecommunications relay
  63-45  access service for the hearing-impaired and speech-impaired.  In
  63-46  awarding the contract for this service, the commission shall make a
  63-47  written award of the contract to the offerer whose proposal is the
  63-48  most advantageous to the state, considering price, the interests of
  63-49  the hearing-impaired and speech-impaired community in having access
  63-50  to a high quality and technologically advanced telecommunications
  63-51  system, and all other factors listed in the commission's request
  63-52  for proposals.  The commission shall consider each proposal in a
  63-53  manner that does not disclose the contents of the proposal to
  63-54  competing offerers.  The commission's evaluation of the proposals
  63-55  shall include:
  63-56              (1)  charges for the service;
  63-57              (2)  service enhancements proposed by the offerers;
  63-58              (3)  technological sophistication of the network
  63-59  proposed by the offerers; and
  63-60              (4)  the proposed commencement date for the service.
  63-61        (f)  The telecommunications carrier providing the service
  63-62  shall be compensated for providing such service at rates, terms,
  63-63  and conditions established in its contract with the commission.
  63-64  This compensation may include a return on the investment required
  63-65  to provide the service and compensation for unbillable and
  63-66  uncollectible calls placed through the service, provided that
  63-67  compensation for unbillable and uncollectible calls shall be
  63-68  subject to a reasonable limitation as determined by the commission.
  63-69        (g)  The advisory committee to assist the commission in
  63-70  administering this section is composed of the following persons
   64-1  appointed by the commission:
   64-2              (1)  two deaf persons recommended by the Texas
   64-3  Association of the Deaf;
   64-4              (2)  one hearing-impaired person recommended by
   64-5  Self-Help for the Hard of Hearing;
   64-6              (3)  one hearing-impaired person recommended by the
   64-7  American Association of Retired Persons;
   64-8              (4)  one deaf and blind person recommended by the Texas
   64-9  Deaf/Blind Association;
  64-10              (5)  one speech-impaired person and one speech-impaired
  64-11  and hearing-impaired person recommended by the Coalition of Texans
  64-12  with Disabilities;
  64-13              (6)  two representatives of telecommunications
  64-14  utilities, one representing a nonlocal exchange utility and one
  64-15  representing a local exchange company, chosen from a list of
  64-16  candidates provided by the Texas Telephone Association;
  64-17              (7)  two persons, at least one of whom is deaf, with
  64-18  experience in providing relay services recommended by the Texas
  64-19  Commission for the Deaf and Hearing-Impaired; and
  64-20              (8)  two public members recommended by organizations
  64-21  representing consumers of telecommunications services.
  64-22        (h)  The commission shall appoint advisory committee members
  64-23  based on recommended lists of candidates submitted in accordance
  64-24  with Subdivision (6) of Subsection (g) of this section.  The
  64-25  advisory committee shall monitor the establishment, administration,
  64-26  and promotion of the statewide telecommunications relay access
  64-27  service and advise the commission in pursuing a service which meets
  64-28  the needs of the hearing-impaired and speech-impaired in
  64-29  communicating with other users of telecommunications services.  The
  64-30  terms of office of each member of the advisory committee shall be
  64-31  two years.  A member whose term has expired shall continue to serve
  64-32  until a qualified replacement is appointed.  The members of the
  64-33  advisory committee shall serve without compensation but shall be
  64-34  entitled to reimbursement at rates established for state employees
  64-35  for travel and per diem incurred in the performance of their
  64-36  official duties.  The commission shall reimburse members of the
  64-37  advisory committee in accordance with this subsection and shall
  64-38  provide clerical and staff support to the advisory committee,
  64-39  including a secretary to record the committee meetings.  The
  64-40  commission's costs associated with the advisory committee shall be
  64-41  reimbursed from the universal service fund.
  64-42        Sec. 3.605 <3.355>.  DISTANCE LEARNING ACTIVITIES BY
  64-43  EDUCATIONAL INSTITUTIONS AND INFORMATION SHARING PROGRAMS BY
  64-44  LIBRARIES; REDUCED RATES.   (a)  The commission by rule shall
  64-45  require a dominant carrier to file a tariff containing a reduced
  64-46  rate for a telecommunications service the commission finds is
  64-47  directly related to a distance learning activity that is or could
  64-48  be conducted by an educational institution in this state or an
  64-49  information sharing program that is or could be conducted by a
  64-50  library in this state.
  64-51        (b)  The commission rules shall specify:
  64-52              (1)  the telecommunications services that qualify under
  64-53  this section;
  64-54              (2)  the process by which an educational institution or
  64-55  library qualifies for a reduced rate;
  64-56              (3)  the date by which a dominant carrier shall file a
  64-57  tariff;
  64-58              (4)  guidelines and criteria by which the services and
  64-59  reduced rates shall further the goals stated in Subsection (d) of
  64-60  this section; and
  64-61              (5)  any other requirements, terms, and conditions that
  64-62  the commission determines to be in the public interest.
  64-63        (c)  A tariff filing by a dominant carrier under this
  64-64  section:
  64-65              (1)  shall concern only the implementation of this
  64-66  section;
  64-67              (2)  is not a rate change under Section 3.211 of this
  64-68  Act; and
  64-69              (3)  does not affect any of the carrier's other rates
  64-70  or services.
   65-1        (d)  The services and reduced rates shall be designed to:
   65-2              (1)  encourage the development and offering of distance
   65-3  learning activities by educational institutions or information
   65-4  sharing programs of libraries;
   65-5              (2)  meet the distance learning needs identified by the
   65-6  educational community and the information sharing needs identified
   65-7  by libraries; and
   65-8              (3)  recover the long-run incremental costs of
   65-9  providing the services, to the extent those costs can be
  65-10  identified, so as to avoid subsidizing educational institutions or
  65-11  libraries.
  65-12        (e)  The commission is not required to determine the long-run
  65-13  incremental cost of providing a service before approving a reduced
  65-14  rate for the service.  Until cost determination rules are developed
  65-15  and the rates established under this section are changed as
  65-16  necessary to ensure proper cost recovery, the reduced rates
  65-17  established by the commission shall be equal to 75 percent of the
  65-18  otherwise applicable rate.  After the commission develops cost
  65-19  determination rules for telecommunications services generally, it
  65-20  shall ensure that a reduced rate approved under this section
  65-21  recovers service-specific long-run incremental costs and avoids
  65-22  subsidization.
  65-23        (f)  An educational institution, library, or dominant carrier
  65-24  may at any time request the commission to:
  65-25              (1)  provide for a reduced rate for a service directly
  65-26  related to a distance learning activity or an information sharing
  65-27  program that is not covered by commission rules;
  65-28              (2)  change a rate;
  65-29              (3)  amend a tariff; or
  65-30              (4)  amend a commission rule.
  65-31        (g)  If the commission determines that a change requested
  65-32  under Subsection (f) is appropriate, it shall make the requested
  65-33  change.
  65-34        (h)  In this section:
  65-35              (1)  "Distance learning" means instruction, learning,
  65-36  and training that is transmitted from one site to one or more sites
  65-37  by telecommunications services that are used by an educational
  65-38  institution predominantly for such instruction, learning, or
  65-39  training, including video, data, voice, and electronic information.
  65-40              (2)  "Educational institution" means and includes:
  65-41                    (A)  accredited primary or secondary schools
  65-42  owned or operated by state and local governmental entities or
  65-43  private entities;
  65-44                    (B)  institutions of higher education as defined
  65-45  by Section 61.003, Education Code;
  65-46                    (C)  private institutions of higher education
  65-47  accredited by a recognized accrediting agency as defined by Section
  65-48  61.003(13), Education Code;
  65-49                    (D)  the Central Education Agency, its successors
  65-50  and assigns;
  65-51                    (E)  regional education service centers
  65-52  established and operated pursuant to Sections 11.32 and 11.33,
  65-53  Education Code; and
  65-54                    (F)  the Texas Higher Education Coordinating
  65-55  Board, its successors and assigns.
  65-56              (3)  "Library" means a "public library" or "regional
  65-57  library system" as those terms are defined by Section 441.122,
  65-58  Government Code, or a library operated by an institution of higher
  65-59  education or a school district.
  65-60        Sec. 3.606.  TELECOMMUNICATIONS INFRASTRUCTURE FUND.  (a)  In
  65-61  this section:
  65-62              (1)  "Board" means the Telecommunications
  65-63  Infrastructure Fund Board.
  65-64              (2)  "Fund" means the telecommunications infrastructure
  65-65  fund.
  65-66              (3)  "Institution of higher education" has the meaning
  65-67  assigned by Section 61.003, Education Code, and also includes a
  65-68  "private or independent institution of higher education" as defined
  65-69  by Section 61.003, Education Code.
  65-70              (4)  "Library" means a "public library," or "regional
   66-1  library system" as those terms are defined by Section 441.122,
   66-2  Government Code, or a library operated by an institution of higher
   66-3  education or a school district.
   66-4              (5)  "School district" has the meaning assigned by
   66-5  Section 19.001, Education Code.
   66-6              (6)  "Private network services" means the
   66-7  telecommunications services provided to an entity described in
   66-8  Section 3.359(b)(1)(A) of this Act and includes broadband services,
   66-9  customized, and packaged network services and does not limit the
  66-10  local exchange company from providing these services with
  66-11  facilities which are also used to provide other services to other
  66-12  customers.
  66-13              (7)  "Public, not-for-profit hospital" or "public
  66-14  not-for-profit health care facility" means a rural or regional
  66-15  hospital or entity such as a rural health clinic which is supported
  66-16  by local or regional tax levies or is, under federal definition, a
  66-17  certified not-for-profit health corporation.
  66-18              (8)  "Telemedicine" means consultive, diagnostic, or
  66-19  other medical services delivered via telecommunications
  66-20  technologies to rural or underserved public, not-for-profit
  66-21  hospitals and primary health care facilities in collaboration with
  66-22  an academic health center and associated teaching hospitals or
  66-23  tertiary centers.  Telemedicine includes, but is not limited to,
  66-24  interactive video consultation, teleradiology, telepathology, and
  66-25  distance education for working health care professionals.
  66-26        (b)  The board shall administer the fund.  The board consists
  66-27  of nine members.  Three members are appointed by the governor,
  66-28  three members are appointed by the lieutenant governor, and three
  66-29  members are appointed by the governor from a list of individuals
  66-30  submitted by the speaker of the house of representatives.  Members
  66-31  of the board serve for staggered, six-year terms, with three
  66-32  members' terms expiring on August 31 of each odd-numbered year.
  66-33  The governor shall designate the presiding officer of the board.
  66-34        (c)  The governor and the lieutenant governor, in making
  66-35  their appointments to the board, and the speaker of the house of
  66-36  representatives, in compiling the list of recommended persons,
  66-37  shall attempt to select members who are representative of, but not
  66-38  limited to, urban and rural school districts, institutions of
  66-39  higher education, libraries, and the public.  A person may not
  66-40  serve on the board if the person is required to register as a
  66-41  lobbyist under Chapter 305, Government Code, because of the
  66-42  person's activities for compensation on behalf of a profession
  66-43  related to the operation of the board.
  66-44        (d)  Members of the board serve without pay but are entitled
  66-45  to reimbursement for their actual expenses incurred in attending
  66-46  meetings of the board or in  attending to other work of the board
  66-47  if approved by the chairman of the board.
  66-48        (e)  The board is subject to Chapters 551 and 2001,
  66-49  Government Code.  The board is subject to Chapter 325, Government
  66-50  Code (Texas Sunset Act).  Unless continued in existence as provided
  66-51  by that chapter, the advisory board and this section expire
  66-52  September 1, 2006.
  66-53        (f)  The board is authorized to employ any personnel as
  66-54  reasonably necessary to perform duties delegated by the board, and
  66-55  the board may also enter into contracts as are necessary with state
  66-56  agencies or private entities to perform its duties.
  66-57        (g)  The board may appoint any committees as it determines
  66-58  may assist it in performing its duties under this section.
  66-59        (h)  The fund administered by the board is financed by an
  66-60  annual assessment on all telecommunications providers doing
  66-61  business in this state.  Each telecommunications provider shall pay
  66-62  the annual assessment in accordance with the ratio that the annual
  66-63  taxable telecommunications receipts reported by that provider under
  66-64  Chapter 151, Tax Code, bears to the total annual taxable
  66-65  telecommunications receipts reported by all telecommunications
  66-66  providers under Chapter 151, Tax Code.
  66-67        (i)  For the fiscal year beginning September 1, 1995, and for
  66-68  the 10 fiscal years immediately following, the comptroller shall
  66-69  assess and collect from telecommunications providers a total annual
  66-70  amount of $150 million.  The amount shall be assessed and collected
   67-1  in each year without respect to whether all of the funds previously
   67-2  collected have been disbursed or spent due to lack of demand or
   67-3  otherwise.
   67-4        (j)  The comptroller may require telecommunications providers
   67-5  to provide any reports and information as are needed to fulfill the
   67-6  duties of the comptroller provided by this section.  Any
   67-7  information provided to the comptroller by a telecommunications
   67-8  provider under this section is confidential and exempt from
   67-9  disclosure under Chapter 552, Government Code.
  67-10        (k)  All amounts collected by the comptroller from
  67-11  telecommunications providers under Subsection (h) of this section
  67-12  shall  be deposited in the fund in the state treasury and may be
  67-13  appropriated solely for use by the board consistent with the
  67-14  purposes of this section.  Sections 403.094 and 403.095, Government
  67-15  Code, do not apply to the fund.
  67-16        (l)  From funds appropriated to the board, the comptroller
  67-17  shall issue warrants as requested by the board in accordance with
  67-18  the purposes of this section, including warrants to grantees of the
  67-19  board in amounts  certified by the board to the comptroller.
  67-20        (m)  In addition to any appropriated funds, the board may
  67-21  accept gifts, grants, and donations and use them for the purposes
  67-22  of this section.
  67-23        (n)  The board shall use the fund to award grants and loans,
  67-24  including grants for installation costs, if applicable, on a
  67-25  competitive basis to rural and urban school districts, regional
  67-26  education service centers, institutions of higher education, and
  67-27  libraries recommended to the board by the Central Education Agency,
  67-28  the Texas Higher Education Coordinating Board, or the Texas State
  67-29  Library and Archives Commission.
  67-30        (o)  The board may award grants  to projects and proposals
  67-31  that:
  67-32              (1)  provide equipment and infrastructure needed for
  67-33  distance learning, information sharing programs of libraries, and
  67-34  telemedicine services;
  67-35              (2)  develop and implement the initial or prototypical
  67-36  delivery of courses and other distance learning material;
  67-37              (3)  train teachers, faculty, librarians, or
  67-38  technicians in the use of distance learning or information sharing
  67-39  materials and equipment;
  67-40              (4)  develop curricula and instructional material
  67-41  especially suited for delivery by telecommunications;
  67-42              (5)  provide electronic information; or
  67-43              (6)  establish or carry out information sharing
  67-44  programs.
  67-45        (p)  The board may award loans to projects and proposals to
  67-46  acquire equipment needed for distance learning and telemedicine
  67-47  projects.
  67-48        (q)  In awarding grants  and loans, the board shall give
  67-49  priority to projects and proposals that:
  67-50              (1)  represent collaborative efforts involving multiple
  67-51  schools, universities, or libraries;
  67-52              (2)  contribute matching funds from other sources;
  67-53              (3)  show promise of becoming self-sustaining;
  67-54              (4)  help users of information learn new ways to
  67-55  acquire and use information through telecommunications;
  67-56              (5)  extend specific educational information and
  67-57  knowledge services to groups not previously served, especially
  67-58  those in rural and remote areas;
  67-59              (6)  result in more efficient or effective learning
  67-60  than through conventional teaching;
  67-61              (7)  improve the effectiveness and efficiency of health
  67-62  care delivery; or
  67-63              (8)  take advantage of distance learning opportunities
  67-64  in rural and urban school districts with disproportionate numbers
  67-65  of at-risk youths or with high dropout rates.
  67-66        (r)  The Texas Higher Education Coordinating Board, the
  67-67  Central Education Agency, and the Texas State Library and Archives
  67-68  Commission shall adopt policies and procedures in consultation with
  67-69  the board that are designed to aid the board in achieving the
  67-70  purposes of this section.
   68-1        (s)  In distributing funds to public schools, the board
   68-2  shall take into account the relative property wealth per student of
   68-3  the recipient school districts and recognize the unique needs of
   68-4  rural communities.
   68-5        Sec. 3.607 <3.356>.  RECOVERY OF LOST REVENUES.  A local
   68-6  exchange company is entitled to recover the lost revenue, if any,
   68-7  resulting solely from the provision of tel-assistance service from
   68-8  the universal service fund, the establishment of which is provided
   68-9  for by this Act.
  68-10        Sec. 3.608 <3.357>.  UNIVERSAL SERVICE FUND.  (a)  The
  68-11  commission shall adopt and enforce rules requiring local exchange
  68-12  companies to establish a universal service fund to assist local
  68-13  exchange companies in providing basic local telecommunications
  68-14  service <exchange service> at reasonable rates in high cost rural
  68-15  areas, to reimburse local exchange companies for revenues lost as a
  68-16  result of providing tel-assistance service under this Act, to
  68-17  reimburse the telecommunications carrier providing the statewide
  68-18  telecommunications relay access service for the hearing-impaired
  68-19  and speech-impaired as authorized in Section 3.604 <3.354> of this
  68-20  Act, and to reimburse the Texas Department of Human Services and
  68-21  the commission for costs incurred in implementing the provisions of
  68-22  this subtitle.
  68-23        (b)(1)  For local exchange companies serving fewer than one
  68-24  million access lines, in addition to the authority described by
  68-25  Subsection (a) of this section, the commission may adopt any
  68-26  mechanisms necessary to maintain reasonable rates for local
  68-27  exchange telephone service and shall establish rules that would
  68-28  expand the universal service fund in the circumstances prescribed
  68-29  by this subsection.
  68-30              (2)  In the event of a commission order, rule, or
  68-31  policy, the effect of which is to reduce the amount of the high
  68-32  cost assistance fund, except an order entered in an individual
  68-33  company revenue requirements proceeding, the commission shall
  68-34  implement a mechanism through the universal service fund to replace
  68-35  the reasonably projected reduction in revenues caused by that
  68-36  regulatory action.
  68-37              (3)  In the event of a Federal Communications
  68-38  Commission order, rule, or policy, the effect of which is to change
  68-39  the federal universal service fund revenues of a local exchange
  68-40  company or change costs or revenues assigned to the intrastate
  68-41  jurisdiction, the commission shall implement a mechanism, through
  68-42  either the universal service fund or an increase to rates if that
  68-43  increase would not adversely impact universal service, to replace
  68-44  the reasonably projected change in revenues caused by the
  68-45  regulatory action.
  68-46              (4)  In the event of a commission change in its policy
  68-47  with respect to intraLATA "1+" dialing access, the commission shall
  68-48  implement a mechanism, through either the universal service fund or
  68-49  an increase to rates if that increase would not adversely impact
  68-50  universal service, to replace the reasonably projected reduction in
  68-51  contribution caused by the action.  Contribution for purposes of
  68-52  this subdivision equals average intraLATA long distance message
  68-53  telecommunications service (MTS) revenue, including intraLATA toll
  68-54  pooling and associated impacts, per minute less average MTS cost
  68-55  per minute less the average contribution from switched access times
  68-56  the projected change in intraLATA "1+" minutes of use.
  68-57              (5)  In the event of any other governmental agency
  68-58  issuing an order, rule, or policy, the effect of which is to
  68-59  increase costs or decrease revenues of the intrastate jurisdiction,
  68-60  the commission shall implement a mechanism through either the
  68-61  universal service fund or an increase to rates if that increase
  68-62  would not adversely impact universal service, to replace the
  68-63  reasonably projected increase in costs or decrease in revenues
  68-64  caused by that regulatory action.
  68-65              (6)  A revenue requirement showing is not required with
  68-66  respect to disbursements from the universal service fund under
  68-67  Subsection (a) or (b) of this section.  Those disbursements shall
  68-68  be implemented promptly and efficiently so that telecommunications
  68-69  providers and local exchange companies do not experience
  68-70  unnecessary cash flow changes as a result of these changes in
   69-1  governmental policy.
   69-2        (c)  The universal service fund shall be funded by a
   69-3  statewide uniform charge, at rates and on services determined by
   69-4  the commission, payable by all telecommunications providers
   69-5  <utilities> that have access to the customer base.  In establishing
   69-6  the uniform level of the charge and the services to which it will
   69-7  apply, the commission may not make or grant an unreasonable
   69-8  preference or advantage to a telecommunications provider <utility>
   69-9  or subject a telecommunications provider <utility> to unreasonable
  69-10  prejudice or disadvantage.  The charge shall be paid in accordance
  69-11  with procedures approved by the commission.
  69-12        (d) <(c)>  The commission shall:
  69-13              (1)  establish, in a manner that assures reasonable
  69-14  rates for basic local telecommunications <exchange> service,
  69-15  eligibility criteria and review procedures, including a method for
  69-16  administrative review, it finds necessary for funding of and
  69-17  distribution from <participation in> the universal service fund;
  69-18              (2)  determine which local exchange companies meet the
  69-19  eligibility criteria, which, at a minimum, include the requirement
  69-20  to offer service to every consumer within its certificated area and
  69-21  render continuous and adequate service within the area or areas, in
  69-22  compliance with the commission's quality of service requirements;
  69-23              (3)  determine the amount of and approve a procedure
  69-24  for reimbursement to local exchange companies of revenue lost in
  69-25  providing tel-assistance service under this Act;
  69-26              (4)  prescribe and collect fees from the universal
  69-27  service fund necessary to recover the costs the Texas Department of
  69-28  Human Services and the commission incurred in implementing and
  69-29  administrating the provisions of this subtitle; and
  69-30              (5)  approve procedures for the collection and
  69-31  disbursal of the revenues of the universal service fund.
  69-32        (e) <(d)>  The commission shall adopt rules for the
  69-33  implementation and administration of the universal service fund.
  69-34        (f) <(e)>  The commission may do all things necessary and
  69-35  convenient to implement and administer the universal service fund,
  69-36  including require local exchange companies and other
  69-37  telecommunications providers to provide any reports and information
  69-38  needed to assess contributions to the fund.  All reports and
  69-39  information are confidential and not subject to disclosure under
  69-40  Chapter 552, Government Code.
  69-41        Sec. 3.609 <3.358>.  INTERACTIVE MULTIMEDIA COMMUNICATIONS.
  69-42  (a)  The commission shall permit a local exchange company that
  69-43  provides interactive multimedia communications services to
  69-44  establish rates at levels necessary, using sound ratemaking
  69-45  principles, to recover costs associated with providing the
  69-46  services.  Unless determined by the commission to be in the public
  69-47  interest, a local exchange company may not establish rates under
  69-48  this subsection that are less than the local exchange company's
  69-49  long-run incremental costs of providing the interactive multimedia
  69-50  communications services.
  69-51        (b)  In this section, "interactive multimedia communications"
  69-52  has the meaning assigned by Section 14.0451(a), Education Code, as
  69-53  added by Chapter 868, Acts of the 73rd Legislature, Regular
  69-54  Session, 1993.
  69-55        Sec. 3.610 <3.359>.  SEVERABILITY.  If this subtitle
  69-56  conflicts with another provision of this Act, this subtitle
  69-57  prevails.
  69-58          SUBTITLE O <I>.  AUTOMATIC DIAL ANNOUNCING DEVICES
  69-59        Sec. 3.651 <3.401>.  DEFINITIONS.  In this subtitle:
  69-60              (1)  "Automated dial announcing device" or "ADAD" means
  69-61  automated equipment used for telephone solicitation or collection
  69-62  that is capable:
  69-63                    (A)  of storing telephone numbers to be called or
  69-64  that has a random or sequential number generator capable of
  69-65  producing numbers to be called; and
  69-66                    (B)  alone or in conjunction with other
  69-67  equipment, of conveying a prerecorded or synthesized voice message
  69-68  to the number called without the use of a live operator.
  69-69              (2)  "LEC" means a local exchange company, as that term
  69-70  is defined by Section 3.002 <3.001> of this Act.
   70-1        Sec. 3.652 <3.402>.  EXEMPTIONS.  This subtitle does not
   70-2  apply to the use of an ADAD to make a telephone call:
   70-3              (1)  relating to an emergency or a public service under
   70-4  a program developed or approved by the emergency management
   70-5  coordinator of the county in which the call was received; or
   70-6              (2)  made by a public or private primary or secondary
   70-7  school system to locate or account for a truant student.
   70-8        Sec. 3.653 <3.403>.  REQUIREMENTS FOR OPERATION OF ADAD.
   70-9  (a)  A person may not operate an ADAD to make a telephone call if
  70-10  the device plays a recorded message when a connection is completed
  70-11  to a telephone number unless:
  70-12              (1)  the person has obtained a permit from the
  70-13  commission and given written notice specifying the type of device
  70-14  to each telecommunications utility over whose system the device is
  70-15  to be used;
  70-16              (2)  the device is not used for random number dialing
  70-17  or to dial numbers determined by successively increasing or
  70-18  decreasing integers;
  70-19              (3)  the message states during the first 30 seconds of
  70-20  the call the nature of the call, the identity of the person,
  70-21  company, or organization making the call, and the telephone number
  70-22  from which the call was made, provided, however, that if an ADAD is
  70-23  used for debt collection purposes and the use complies with
  70-24  applicable federal law and regulations, and the ADAD is used by a
  70-25  live operator for automatic dialing or hold announcement purposes,
  70-26  the use complies with this subdivision;
  70-27              (4)  the device disconnects from the called person's
  70-28  line not later than 30 seconds after the call is terminated by
  70-29  either party or, if the device cannot disconnect within that
  70-30  period, a live operator introduces the call and receives the oral
  70-31  consent of the called person before beginning a prerecorded or
  70-32  synthesized voice message; <and>
  70-33              (5)  the device, when used for solicitation purposes,
  70-34  has a message shorter than one minute or has the technical capacity
  70-35  to recognize a telephone answering device on the called person's
  70-36  line and terminates the call within one minute; and
  70-37              (6)  for calls terminating in this state, the device is
  70-38  not used to make a call:
  70-39                    (A)  before noon or after 9 p.m. on a Sunday or
  70-40  before 9 a.m. or after 9 p.m. on a weekday or a Saturday, if the
  70-41  device is used for solicitation; or
  70-42                    (B)  at an hour at which collection calls would
  70-43  be prohibited under the federal Fair Debt Collection Practices Act
  70-44  (15 U.S.C. Section 1692 et seq.), if the device is used for
  70-45  collection purposes.
  70-46        (b)  In addition to the requirements prescribed by Subsection
  70-47  (a) of this section, if during the call a cross-promotion or
  70-48  reference to a pay-per-call information service is made, the call
  70-49  shall include:
  70-50              (1)  a statement that a charge will be incurred by a
  70-51  caller who makes a call to a pay-per-call information services
  70-52  telephone number;
  70-53              (2)  the amount of the flat-rate or cost-per-minute
  70-54  charge that will be incurred or the amount of both if both charges
  70-55  will be incurred; and
  70-56              (3)  the estimated amount of time required to receive
  70-57  the entire information offered by the service during a call.
  70-58        (c)  In this section, "pay-per-call information service"
  70-59  means a service that allows a caller to dial a specified "900" or
  70-60  "976" number to call a service that routinely delivers, for a
  70-61  predetermined and sometimes time-sensitive fee, a prerecorded or
  70-62  live message or interactive program.
  70-63        Sec. 3.654 <3.404>.  INVESTIGATION OF COMPLAINTS; VIOLATIONS;
  70-64  DISCONNECTION OF SERVICE.  (a)  The commission shall investigate
  70-65  complaints relating to the use of an ADAD and enforce this
  70-66  subtitle.
  70-67        (b)  If the commission or a court determines that a person
  70-68  has violated this subtitle, the commission or court shall require a
  70-69  telecommunications utility to disconnect service to the person.
  70-70  The telecommunications utility may reconnect service to the person
   71-1  only on a determination by the commission that the person will
   71-2  comply with this subtitle.  The utility shall give notice to the
   71-3  person using the device of its intent to disconnect service not
   71-4  later than the third day before the date of the disconnection,
   71-5  except that if the device is causing network congestion or
   71-6  blockage, the notice may be given on the day before the date of
   71-7  disconnection.
   71-8        (c)  A telecommunications utility may, without an order by
   71-9  the commission or a court, disconnect or refuse to connect service
  71-10  to a person using or intending to use an ADAD if the utility
  71-11  determines that the device would cause or is causing network harm.
  71-12        Sec. 3.655 <3.405>.  APPLICATION FOR PERMIT TO OPERATE ADAD.
  71-13  (a)  An application for a permit to use one or more ADADs must be
  71-14  made using the form prescribed by the commission and must be
  71-15  accompanied by a fee in a reasonable amount computed to cover the
  71-16  enforcement cost to the commission, but not to exceed $500, as
  71-17  determined by the commission.  A permit is valid for one year after
  71-18  its effective date.  Subject to Subsection (c) of this section, a
  71-19  permit may be renewed annually by making the filing required by
  71-20  this section and paying a filing fee of not more than $100, as
  71-21  determined by the commission.  The proceeds of the fees shall be
  71-22  deposited to the credit of the general revenue fund.
  71-23        (b)  Each application for the issuance or renewal of a permit
  71-24  under this section must contain the telephone number of each ADAD
  71-25  that will be used and the physical address from which the ADAD will
  71-26  operate.  If the telephone number of an ADAD or the physical
  71-27  address from which the ADAD operates changes, the owner or operator
  71-28  of the ADAD shall notify the commission by certified mail of each
  71-29  new number or address not later than the 48th hour before the hour
  71-30  at which the ADAD will begin operating with the new telephone
  71-31  number or at the new address.  If the owner or operator of an ADAD
  71-32  fails to notify the commission as required by this subsection
  71-33  within the period prescribed by this subsection, the permit is
  71-34  automatically invalid.
  71-35        (c)  In determining if a permit should be issued or renewed,
  71-36  the commission shall consider the compliance record of the owner or
  71-37  operator of the ADAD.  The commission may deny an application for
  71-38  the issuance or renewal of a permit because of the applicant's
  71-39  compliance record.
  71-40        (d)  The commission shall provide to an LEC on request a copy
  71-41  of a permit issued under this section and of any changes relating
  71-42  to the permit.
  71-43        (e)  An LEC that receives a complaint relating to the use of
  71-44  an ADAD shall send the complaint to the commission.  The commission
  71-45  by rule shall prescribe the procedures and requirements for sending
  71-46  a complaint to the commission.
  71-47        Sec. 3.656 <3.406>.  VIOLATIONS; PENALTIES.  (a)  A person
  71-48  who owns or operates an ADAD and who operates the ADAD without a
  71-49  valid permit or with an expired permit or who operates the ADAD in
  71-50  violation of this subtitle or a commission rule or order is subject
  71-51  to an administrative penalty of not more than $1,000 for each day
  71-52  or portion of a day during which the ADAD was operating in
  71-53  violation of this section.
  71-54        (b)  The administrative penalty authorized by this section is
  71-55  civil in nature and is cumulative of any other penalty provided by
  71-56  law.
  71-57        (c)  The commission by rule shall prescribe the procedures
  71-58  for assessing an administrative penalty under this section.  The
  71-59  procedures shall require proper notice and hearing in accordance
  71-60  with Chapter 2001, Government Code.
  71-61        (d)  A person may appeal the final order of the commission
  71-62  under Chapter 2001, Government Code, using the substantial evidence
  71-63  rule on appeal.
  71-64        (e)  The proceeds of administrative penalties collected under
  71-65  this section shall be deposited to the credit of the general
  71-66  revenue fund.
  71-67        Sec. 3.657 <3.407>.  REVOCATION OF PERMIT; OFFENSES.
  71-68  (a)  The commission may revoke a permit issued under this subtitle
  71-69  for failure to comply with this subtitle.
  71-70        (b)  A person commits an offense if the person owns or
   72-1  operates an ADAD that the person knows is operating in violation of
   72-2  this subtitle.  An offense under this subsection is a Class A
   72-3  misdemeanor.
   72-4        Sec. 3.658 <3.408>.  RULEMAKING AUTHORITY.  The commission
   72-5  may adopt any rules necessary to carry out its powers and duties
   72-6  under this subtitle.
   72-7        Sec. 3.659 <3.409>.  COMPLIANCE WITH CONSUMERS' REQUESTS NOT
   72-8  TO BE CALLED.  Every telephone solicitor operating in this state
   72-9  who makes consumer telephone calls subject to Section 37.02 of the
  72-10  Business & Commerce Code shall implement in-house systems and
  72-11  procedures so that every effort is made not to call consumers who
  72-12  ask not to be called again.  The commission is granted all
  72-13  necessary power and authority to enforce the provisions of this
  72-14  section.
  72-15        Sec. 3.660 <3.410>.  NOTICE TO CONSUMER OF PROVISIONS OF
  72-16  CHAPTER 37 OF THE BUSINESS & COMMERCE CODE AND SECTION 3.659
  72-17  <3.409>.  The commission by rule shall require that a local
  72-18  exchange company or telephone cooperative inform its customers of
  72-19  the provisions of Chapter 37 of the Business & Commerce Code and
  72-20  Section 3.659 <3.409> of this Act by:
  72-21              (1)  inserting the notice annually in the billing
  72-22  statement mailed to a customer; or
  72-23              (2)  publishing the notice in the consumer information
  72-24  pages of its local telephone directory.
  72-25        SECTION 49.  (a)  Subchapter D, Chapter 74, Property Code, is
  72-26  amended by adding Section 74.3011 to read as follows:
  72-27        Sec. 74.3011.  DELIVERY OF MONEY TO RURAL SCHOLARSHIP FUND.
  72-28  (a)  Notwithstanding and in addition to any other provision of this
  72-29  chapter or other law, a local telephone exchange company may
  72-30  deliver reported money to a scholarship fund for rural students
  72-31  instead of delivering the money to the state treasurer as
  72-32  prescribed by Section 74.301.
  72-33        (b)  A local telephone exchange company may deliver the money
  72-34  under this section only to a scholarship fund established by one or
  72-35  more local telephone exchange companies in this state to enable
  72-36  needy students from rural areas to attend college, technical
  72-37  school, or another postsecondary educational institution.
  72-38        (c)  A local telephone exchange company shall file with the
  72-39  state treasurer a verification of money delivered under this
  72-40  section that complies with Section 74.302.
  72-41        (d)  A claim for money delivered to a scholarship fund under
  72-42  this section must be filed with the local telephone exchange
  72-43  company that delivered the money.  The local telephone exchange
  72-44  company shall forward the claim to the administrator of the
  72-45  scholarship fund to which the money was delivered.  The scholarship
  72-46  fund shall pay the claim if the fund determines in good faith that
  72-47  the claim is valid.  A person aggrieved by a claim decision may
  72-48  file a suit against the fund in a district court in the county in
  72-49  which the administrator of the scholarship fund is located in
  72-50  accordance with Section 74.506.
  72-51        (e)  The state treasurer shall prescribe forms and procedures
  72-52  governing this section, including forms and procedures relating to:
  72-53              (1)  notice of presumed abandoned property;
  72-54              (2)  delivery of reported money to a scholarship fund;
  72-55  and
  72-56              (3)  filing of a claim.
  72-57        (f)  In this section, "local telephone exchange company"
  72-58  means a telecommunications utility certificated to provide local
  72-59  exchange service within the state and that is a telephone
  72-60  cooperative or has fewer than 50,000 access lines in service in
  72-61  this state.
  72-62        (g)  During a state fiscal year, the total amount of money
  72-63  that may be transferred by all local telephone exchange companies
  72-64  under this section may not exceed $400,000. The state treasury
  72-65  shall keep a record of the total amount of money transferred
  72-66  annually. When the total amount of money transferred during a state
  72-67  fiscal year equals the amount allowed by this subsection, the
  72-68  treasury shall notify each local telephone exchange company that
  72-69  the company may not transfer any additional money to the company's
  72-70  scholarship fund during the remainder of that state fiscal year.
   73-1        (b)  Section 74.3011, Property Code, as added by this Act,
   73-2  applies only to money that a local telephone exchange company would
   73-3  otherwise be required to deliver to the state treasurer on or after
   73-4  the effective date of this Act.  Money that was required to be
   73-5  delivered to the state treasurer before the effective date of this
   73-6  Act is governed by the law in effect when the money was required to
   73-7  be delivered, and that law is continued in effect for that purpose.
   73-8        SECTION 50.  (a)  Subchapter D, Chapter 74, Property Code, is
   73-9  amended by adding Section 74.3012 to read as follows:
  73-10        Sec. 74.3012. DELIVERY OF MONEY TO URBAN SCHOLARSHIP FUND.
  73-11  (a)  Notwithstanding and in addition to any other provision of this
  73-12  chapter or other law, a local exchange company may deliver reported
  73-13  money to a scholarship fund for urban students instead of
  73-14  delivering the money to the state treasurer as prescribed by
  73-15  Section 74.301.
  73-16        (b)  A local exchange company may deliver the money under
  73-17  this section only to a scholarship fund established by one or more
  73-18  local exchange companies in this state to enable needy students
  73-19  from urban areas to attend college, technical school, or another
  73-20  postsecondary educational institution.
  73-21        (c)  A local exchange company shall file with the state
  73-22  treasurer a verification of money delivered under this section that
  73-23  complies with Section 74.302.
  73-24        (d)  A claim for money delivered to a scholarship fund under
  73-25  this section must be filed with the local exchange company that
  73-26  delivered the money. The local exchange company shall forward the
  73-27  claim to the administrator of the scholarship fund to which the
  73-28  money was delivered. The scholarship fund shall pay the claim if
  73-29  the fund determines in good faith that the claim is valid. A person
  73-30  aggrieved by a claim decision may file a suit against the fund in a
  73-31  district court in the county in which the administrator of the
  73-32  scholarship fund is located in accordance with Section 74.506.
  73-33        (e)  The state treasurer shall prescribe forms and procedures
  73-34  governing this section, including forms and procedures relating to:
  73-35              (1)  notice of presumed abandoned property;
  73-36              (2)  delivery of reported money to a scholarship fund;
  73-37  and
  73-38              (3)  filing of a claim.
  73-39        (f)  In this section, "local exchange company" means a
  73-40  telecommunications utility certificated to provide local exchange
  73-41  telephone service within the state and that has 50,000 or more
  73-42  access lines in service in this state and is not a telephone
  73-43  cooperative.
  73-44        (g)  During the 1995-1996 fiscal year, the total amount of
  73-45  money that may be transferred by all local exchange companies under
  73-46  this section may not exceed $400,000. During each subsequent state
  73-47  fiscal year, the total amount of money that may be transferred by
  73-48  all local exchange companies under this section may not exceed the
  73-49  total amount of money transferred to rural scholarship funds under
  73-50  Section 74.3011 during the previous state fiscal year. The state
  73-51  treasury shall keep a record of the total amount of money
  73-52  transferred annually. If the total amount of money transferred
  73-53  during a state fiscal year equals the amount allowed by this
  73-54  subsection, the treasury shall notify each local exchange company
  73-55  that the company may not transfer any additional money to the
  73-56  company's scholarship fund during the remainder of that state
  73-57  fiscal year.
  73-58        (b)  Section 74.3012, Property Code, as added by this Act,
  73-59  applies only to money that a local exchange company would otherwise
  73-60  be required to deliver to the state treasurer on or after the
  73-61  effective date of this Act. Money that was required to be delivered
  73-62  to the state treasurer before the effective date of this Act is
  73-63  governed by the law in effect when the money was required to be
  73-64  delivered, and that law is continued in effect for that purpose.
  73-65        SECTION 51.  As soon as possible after the effective date of
  73-66  this Act, the governor and lieutenant governor shall appoint the
  73-67  members of the Telecommunications Infrastructure Fund Board created
  73-68  by Section 3.606, Public Utility Regulatory Act of 1995, as enacted
  73-69  by S.B. 319, Acts of the 74th Legislature, Regular Session, 1995,
  73-70  as added by this Act.  The governor shall appoint two members with
   74-1  terms expiring on August 31, 1997, two members with terms expiring
   74-2  on August 31, 1999, and two members with terms expiring on August
   74-3  31, 2001.  The terms of the members appointed from the list
   74-4  provided by the speaker of the house of representatives must be
   74-5  staggered so that the terms of one-third of those appointees expire
   74-6  every odd-numbered year.  The lieutenant governor shall appoint one
   74-7  member with a term expiring on August 31, 1997, one member with a
   74-8  term expiring on August 31, 1999, and one member with a term
   74-9  expiring on August 31, 2001.
  74-10        SECTION 52.  All laws or parts of laws in conflict with this
  74-11  Act are repealed effective September 1, 1995.
  74-12        SECTION 53.  (a)  This Act takes effect September 1, 1995.
  74-13        (b)  Section 3.2555, Public Utility Regulatory Act of 1995,
  74-14  as enacted by S.B. 319, Acts of the 74th Legislature, Regular
  74-15  Session, 1995, as added by this Act, applies only to a franchise or
  74-16  contract entered into or amended on or after September 1, 1995.  A
  74-17  franchise or contract entered into before September 1, 1995, and
  74-18  not amended on or after that date is governed by the law in effect
  74-19  when the contract was entered into or last amended, and that law is
  74-20  continued in effect for that purpose.
  74-21        (c)  Sections 3.304(a)(2) and (3), Public Utility Regulatory
  74-22  Act of 1995, as enacted by S.B. 319, Acts of the 74th Legislature,
  74-23  Regular Session, 1995, as amended by this Act, apply only to a
  74-24  petition filed on or after April 15, 1995. A petition filed before
  74-25  April 15, 1995, is governed by the law in effect when the petition
  74-26  was filed, and that law is continued in effect for that purpose.
  74-27        SECTION 54.  The importance of this legislation and the
  74-28  crowded condition of the calendars in both houses create an
  74-29  emergency and an imperative public necessity that the
  74-30  constitutional rule requiring bills to be read on three several
  74-31  days in each house be suspended, and this rule is hereby suspended.
  74-32                               * * * * *