By Gallego H.B. No. 3222
76R87 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to Internet access in rural areas.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 55, Utilities Code, is amended by adding
1-5 Subchapter L to read as follows:
1-6 SUBCHAPTER L. INTERNET ACCESS IN RURAL AREAS
1-7 Sec. 55.351. DEFINITIONS. In this subchapter:
1-8 (1) "Internet" means the largest nonproprietary
1-9 nonprofit cooperative public computer network, popularly known as
1-10 the Internet.
1-11 (2) "Rural community" means a municipality or
1-12 unincorporated area that is wholly or primarily located in a
1-13 nonmetropolitan county as defined by the United States Census
1-14 Bureau in the most recent federal decennial census.
1-15 Sec. 55.352. INTERNET ACCESS BY EDUCATIONAL INSTITUTION.
1-16 (a) In this section, "educational institution" has the meaning
1-17 assigned by Section 57.021.
1-18 (b) Notwithstanding any other provision of this title, an
1-19 educational institution located in a rural community that does not
1-20 have a local Internet service provider may resell to residents and
1-21 businesses of that community, or share with those residents or
1-22 businesses, access to the Internet, including a toll-free
1-23 connection, toll-free dialing arrangement, or a wireless or cable
1-24 connection that the institution uses to obtain access to the
2-1 Internet.
2-2 (c) If an educational institution located in an exchange
2-3 that does not have toll-free access to the Internet resells a
2-4 toll-free connection or toll-free dialing arrangement the
2-5 institution uses to obtain access to the Internet, the institution
2-6 shall use all profits made from reselling connections to subsidize
2-7 the installation and maintenance of existing and future Internet
2-8 connections.
2-9 Sec. 55.353. TARIFF RATE FOR INTERNET SERVICE PROVIDER.
2-10 (a) A telecommunications utility serving a rural community in
2-11 which access to the Internet is not available from a local Internet
2-12 service provider or an educational institution that can provide
2-13 access under Section 55.352 shall offer to an Internet service
2-14 provider that agrees to provide toll-free access to the Internet to
2-15 all or part of the residents or businesses of the rural community
2-16 discounted rates for Internet access and for the installation and
2-17 maintenance of Internet connections.
2-18 (b) The discounted rate for a service required under
2-19 Subsection (a) may not be distance sensitive and may not be higher
2-20 than 105 percent of the long-run incremental cost, including
2-21 installation.
2-22 (c) To be eligible to receive a discounted rate under this
2-23 section, an Internet service provider must agree to:
2-24 (1) offer to the residents and businesses of the rural
2-25 community dial-up connections with the capability of transmitting
2-26 at least 28.8 kilobits per second;
2-27 (2) offer to the residents and businesses of the rural
3-1 community service equivalent to a connection on 95 percent of
3-2 connection attempts between 9 a.m. and 9 p.m. daily; and
3-3 (3) not impose a monthly charge for Internet access
3-4 that is more than 10 percent greater than the average monthly
3-5 charge imposed by national Internet service providers for toll-free
3-6 access.
3-7 (d) Internet access provided under this section may not be
3-8 shared or resold to a person who is not a resident or business of a
3-9 rural community.
3-10 (e) Each telecommunications utility described by Subsection
3-11 (a) shall file a tariff for the discounted rates required by this
3-12 section. Not earlier than the 30th day after the date that the
3-13 tariff is filed, an Internet service provider that wants to provide
3-14 service under this section may file an application with the
3-15 commission to receive the discounted rates. The commission shall
3-16 determine whether the Internet service provider meets the
3-17 requirements prescribed by this section. If more than one Internet
3-18 service provider files an application to serve the same rural
3-19 community, the commission shall choose one provider based on the
3-20 requirements prescribed by this section and any criteria the
3-21 commission may prescribe that the commission determines are in the
3-22 best interest of the rural community.
3-23 SECTION 2. This Act takes effect September 1, 1999. A
3-24 telecommunications utility shall file tariffs in accordance with
3-25 Section 55.353, Utilities Code, as added by this Act, not later
3-26 than January 1, 2000.
3-27 SECTION 3. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.