SRC-PNG S.B. 1743 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1743
By: Harris
Technology & Bus.  Growth
5/11/1999
As Filed


DIGEST 

Currently, in Texas, many people have two types of hard wire that come into
their homes, phone and cable lines.  Advancing technology has enabled
consumers to use either of those two hard wires to access the Internet.
For most people, cable lines provide higher-speed Internet access.  With
phone lines, consumers are free to choose any Internet service provider
they want.  However, for most cable lines, the cable companies have entered
into an exclusive arrangement with a single Internet service provider,
forcing Texans to use that specific provider in order to obtain Internet
access.  This bill would provide consumers with the ability to freely
select an Internet service provider through the cable line. 

PURPOSE

As proposed, S.B. 1743 provides consumers with the ability to freely select
an Internet service provider through the cable line. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 61.001, Utilities Code, to define "broadband,"
"broadband Internet access transport services," "Internet," "Internet
service provider," and "wireline broadband Internet access transport
provider."   Makes conforming changes. 

SECTION 2. Amends Chapter 61B, Utilities Code, by adding Section 61.027, as
follows: 

Sec.  61.027.  DUTY OF CERTAIN PROVIDERS.  Requires each wireline broadband
Internet access transport provider who is, or is an affiliate of, an
Internet service provider to 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 it provides such access to
itself, to its affiliate, or to any other person.  Requires such access to
be provided at any technically feasible point selected by the requesting
Internet service provider. 

SECTION 3. Emergency clause.
  Effective date: upon passage.