IMF S.B. 1915 75(R)BILL ANALYSIS STATE AFFAIRS S.B. 1915 By: Sibley (Wolens) 5-23-97 Committee Report (Amended) BACKGROUND Currently, telephone solicitors have the ability to block their identity on caller identification devices. Telephone solicitors also use automated dial announcing devices for random number dialing that delivers prerecorded messages to consumers. Telephone solicitations may be inconvenient for some consumers who have no interest in direct marketing efforts. These same solicitations may be of value and convenience to other consumers who do have an interest in their direct marketing efforts. Current law also prohibits a telephone utility, like Southwestern Bell, from "passing-through" the Telecommunications Infrastructure Fund (TIF) assessment. S.B. 1915 would allow these companies to "pass-through" any increase in the TIF assessment from the original assessment. S.B. 249 increased the TIF assessment in some cases so their will be a possible "pass-through." PURPOSE As engrossed, S.B. 1915 would: _ allow the PUC to allow electronic access to its public records; _ define "rural telephone company"; _ allow a public utility to "pass-through" any increase in the TIF assessment; _ change the application of PUC rules to rural telephone companies; _ limit automatic dial recorded phone solicitations to 30 seconds; _ require the PUC to create a public education program to inform citizens of the rules concerning telephone solicitations; and _ requires the PUC to provide a full refund for any overcharge by a public utility. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1.034 of the Public utility Regulatory Act of 1995 (Article 1446c0, V.T.C.S.) as follows: Section 1.034(c) allows the Public Utility Commission to establish a system to allow electronic access to public files stored in the commission's computer banks and allows the commission to impose a fee on providing the information. SECTION 2. Amends Section 3.002 of the Public utility Regulatory Act of 1995 (Article 1446c0, V.T.C.S.) by adding subdivision 13 as follows: Section 13 defines "Rural telephone company" as a company that either: provides service to a municipal or non-urbanized area; provides local phone service to fewer than 50,000 access lines in the state or to fewer than 100,000 access lines in a study area; or less than 15 percent of the company's access lines were in municipalities with populations less than 50,000. SECTION 3. Amends Section 3.211 of the Public utility Regulatory Act of 1995 (Article 1446c0, V.T.C.S.) by adding subsection (k) to allow any utility to recover the increase in the Telecommunications Infrastructure Fund from its customers by increasing rates. SECTION 4. Amends Subtitle E, Title III of the Public utility Regulatory Act of 1995 (Article 1446c-0, V.T.C.S.) by adding Section 3.2133 as follows: Section 3.2133 requires the Public Utility Commission to permit a rural telephone company to apply for an exemption from state law interconnection obligations. SECTION 5. Amends Section 3.302 of the Public Utility Regulatory Act of 1995 (Article 1446c-0, V.T.C.S.) by adding subsection (e) and (e-1) to prohibit a telephone solicitor from blocking caller identification technology and require telephone solicitors to remove any blocking equipment by January 1, 1998. SECTION 6. Amends Subsection (q), Section 3.606 of the Public Utility Regulatory Act of 1995 (Article 1446c-0, V.T.C.S.) to allow Telecommunication Infrastructure Fund grants and loans to public school collaborative to be disbursed through regional education service centers. SECTION 7. Amends Section 3.608 of the Public Utility Regulatory Act of 1995 (Article 1446c-0, V.T.C.S.) as follows by amending subsection (a) and adding subsection (g): Section 3.608(a) makes a conforming change. Section 3.608(g) requires the Public Utility Commission to treat rural telephone companies in the same manner as incumbent local exchange companies servicing fewer than 31,000 access lines in regards to applying rules and this section. SECTION 8. Amends Subsection (a), Section 3.653 of the Public Utility Regulatory Act of 1995 (Article 1446c-0, V.T.C.S.) to allow a solicitor to use an automatic dialing dialing machine that plays a recorded message if the message is less than 30 seconds long. Current statute has a one minute message limitation. SECTION 9. Amends Subsection (e), Section 3.656 of the Public Utility Regulatory Act of 1995 (Article 1446c-0, V.T.C.S.) to deposit all administrative penalties in the PUC account to be used to enforce this Subtitle. SECTION 10. Amends Subtitle O, Title III of the Public Utility Regulatory Act of 1995 (Article 1446c-0, V.T.C.S.) by adding Section 3.661 to require the PUC to conduct an annual educational program to inform citizens of their protections against telephone solicitors. SECTION 11. Amends Subtitle K, Title I of the Public Utility Regulatory Act of 1995 (Article 1446c-0, V.T.C.S.) by adding Section 1.408 to require the PUC to mandate a utility refund a customer the entire amount of the refund due to an overcharge. SECTION 12. Effective date: September 1, 1997. SECTION 13. Emergency clause. EXPLANATION OF AMENDMENTS Committee amendment no. 1 strikes SECTION 3 of the bill that contains the pass-through language regarding the TIF assessment. Renumbers other sections accordingly. Committee amendment no. 2 adds a new SECTION 6 that relates to notice of construction of towers for the transmission of communications in rural areas. Provides for residents of persons within _ mile to petition for a hearing before the PUC to determine site locations for towers. Renumbers following sections accordingly.