Amend CSSB 560 by adding a new appropriately numbered Section
to the bill to read as follows and renumbering subsequent Sections
accordingly:
      SECTION ____.  Chapter 61, Utilities Code, is amended by
adding Subchapter D to read as follows:
             SUBCHAPTER D.  BROADBAND INTERNET ACCESS
      Sec. 61.061.   In this subchapter:
            (1)  "Broadband" means possessing the capability to
transmit data at a rate in excess of 144 kilobits per second.
            (2)  "Broadband Internet access transport services"
means the broadband transmission of data between an end user and an
Internet service provider's point of interconnection with the
broadband Internet access transport provider's facilities.
            (3)  "Internet" means collectively the myriad of
computer and telecommunications facilities, including equipment and
operating software, that comprise the interconnected world-wide
network of networks that employ the Transmission Control
Protocol/Internet Protocol, or any predecessor or successor
protocols to that protocol, to communicate information of all kinds
by wire or radio.
            (4)  "Internet service provider" means a person who
provides a service that enables end users to access content,
information, electronic mail, or other services offered over the
Internet.
            (5)  "Wireline broadband Internet access transport
provider" means a person who provides broadband Internet access
transport services, by aid of wire, cable, or other similar
connection, over facilities owned by the provider or under the
provider's control for a fee directly or indirectly to the public.
The term includes an Internet service provider who self-provides,
over facilities owned by the provider or under the provider's
control, the wireline broadband transport of the provider's
services between the provider and the provider's end users.
      Sec. 61.062.  APPLICATION OF SUBCHAPTER.  This subchapter
applies only to a wireline broadband Internet access transport
provider that is a telecommunications utility or an affiliate of a
telecommunications utility.
      Sec. 61.063.  DUTY OF CERTAIN PROVIDERS.  Each wireline
broadband Internet access transport provider who is, or is an
affiliate of, an Internet service provider shall provide any other
requesting Internet service provider access to its broadband
Internet access transport services, unbundled from the provision of
content, on rates, terms, and conditions that are at least as
favorable as those on which the transport provider provides that
access to itself, to its affiliate, or to any other person.  The
access shall be provided at any technically feasible point selected
by the requesting Internet service provider.