By Counts H.B. No. 2690
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the acquisition of small and rural telephone exchanges.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 53, Utilities Code, is
1-5 amended by adding Section 53.088 to read as follows:
1-6 SEC. 53.066. SALE, TRANSFER, AND MERGER REVIEW OF CERTAIN
1-7 QUALIFIED EXCHANGES. (a) A telecommunications utility, reporting
1-8 its acquisition or purchase of an exchange or exchanges, pursuant
1-9 to Sections 14.101 or 51.010, may elect to be subject to Commission
1-10 review under this section to the extent an acquisition qualifies
1-11 herein and the utility makes the commitment specified herein.
1-12 (b) An acquisition qualifies for review pursuant to this
1-13 section to the extent:
1-14 (1) that each individual exchange subject to
1-15 acquisition involves less than 10,000 access lines;
1-16 (2) all exchanges acquired by a utility total, in the
1-17 aggregate, less than 100,000 access lines;
1-18 (3) in combination with all other exchanges already
1-19 owned by the acquiring utility, the acquisition would bring the
1-20 utility's total ownership to not more than 100,000 access lines;
1-21 (4) the exchanges subject to acquisition were
2-1 previously owned by an incumbent local exchange company which has
2-2 elected to be subject to commission jurisdiction pursuant to
2-3 Chapter 58 or 59 of this Act; and
2-4 (5) the exchanges are purchased by a
2-5 telecommunications utility which is not subject to commission
2-6 jurisdiction pursuant to Chapter 58 or 59 of this Act.
2-7 (c) For the acquisition to be considered a Qualified
2-8 Acquisition, the acquiring utility must commit:
2-9 (1) not to increase the present basic local exchange
2-10 rate on or before the 5th anniversary of the acquisition date;
2-11 (2) to set intrastate switched access rates at the
2-12 same level as the acquiring company's interstate switched access
2-13 rates; or the level of the selling company;
2-14 (3) to withdraw the acquired exchanges from commission
2-15 jurisdiction pursuant to Chapter 58 or 59 of this act, and include
2-16 such exchanges within the jurisdiction of the commission for the
2-17 acquiring company; and
2-18 (4) to establish a level of service quality and
2-19 infrastructure which meets or exceeds the selling company's service
2-20 quality requirements at the time of the acquisition.
2-21 (d) To the extent a telecommunications utility makes the
2-22 commitments specified in this section with regard to a Qualified
2-23 Acquisition, the Commission shall authorize Universal Service Fund
2-24 disbursements pursuant to Section 56.021(1) to the acquiring
2-25 utility for the residual revenue requirements necessary for the
3-1 acquiring utility, pursuant to Section 53.051, to obtain a rate of
3-2 return equal to that allowed by the Federal Communications
3-3 Commission for the interstate jurisdiction. The revenue
3-4 requirement which would otherwise be considered for the acquiring
3-5 utility is limited only to the extent that the acquiring utility
3-6 purchased the exchanges above the selling utility net book value.
3-7 If circumstances justify in the public interest, the Commission may
3-8 also consider a rate of return above the federal level.
3-9 (e) To the extent the acquiring utility meets the
3-10 specifications of this section, the Commission may approve the
3-11 review and authorize universal service disbursements by
3-12 administrative review.
3-13 (f) The Commission shall conduct its review pursuant to this
3-14 section based upon either the individual application of an
3-15 acquiring utility or based upon the joint application by utilities
3-16 which have made the acquisitions jointly with intent to partition
3-17 the exchanges among them so long as the partitioned acquisitions
3-18 otherwise meet the requirements of a Qualified Acquisition.
3-19 SECTION 2. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended,
3-24 and that this Act take effect and be in force from the after its
3-25 passage, and it is so enacted.