R E S O L U T I O N 1-1 BE IT RESOLVED by the House of Representatives of the State 1-2 of Texas, 76th Legislature, Regular Session, 1999, That House Rule 1-3 13, Section 9(a), be suspended in part as provided by House Rule 1-4 13, Section 9(f), to enable the conference committee appointed to 1-5 resolve the differences on Senate Bill No. 560, relating to the 1-6 regulation of telecommunications utilities by the Public Utility 1-7 Commission of Texas and the provision of telecommunications 1-8 services, to consider and take action on the following matters: 1-9 (1) House Rule 13, Sections 9(a)(3) and (4), are suspended 1-10 to permit the committee to add additional text not included in 1-11 either the house or senate version of the bill, in Section 5 of the 1-12 bill, in amended Section 51.002, Utilities Code, so that Section 5 1-13 reads as follows: 1-14 SECTION 5. Sections 51.002(6), (7), and (10), Utilities 1-15 Code, are amended to read as follows: 1-16 (6) "Long run incremental cost" has the meaning 1-17 assigned by 16 T.A.C. Section 23.91 or its successor. 1-18 (7) "Pricing flexibility" includes: 1-19 (A) customer specific contracts; 1-20 (B) packaging of services; 1-21 (C) volume, term, and discount pricing; 1-22 (D) zone density pricing, with a zone to be 1-23 defined as an exchange; and 1-24 (E) other promotional pricing. 2-1 (10) "Telecommunications provider": 2-2 (A) means: 2-3 (i) a certificated telecommunications 2-4 utility; 2-5 (ii) a shared tenant service provider; 2-6 (iii) a nondominant carrier of 2-7 telecommunications services; 2-8 (iv) a provider of commercial mobile 2-9 service as defined by Section 332(d), Communications Act of 1934 2-10 (47 U.S.C. Section 151 et seq.), Federal Communications Commission 2-11 rules, and the Omnibus Budget Reconciliation Act of 1993 (Public 2-12 Law 103-66), except that the term does not include these entities 2-13 for the purposes of Chapter 55 or 64; 2-14 (v) a telecommunications entity that 2-15 provides central office based PBX-type sharing or resale 2-16 arrangements; 2-17 (vi) an interexchange telecommunications 2-18 carrier; 2-19 (vii) a specialized common carrier; 2-20 (viii) a reseller of communications; 2-21 (ix) a provider of operator services; 2-22 (x) a provider of customer-owned pay 2-23 telephone service; or 2-24 (xi) another person or entity determined 2-25 by the commission to provide telecommunications services to 2-26 customers in this state; and 2-27 (B) does not mean: 3-1 (i) a provider of enhanced or information 3-2 services, or another user of telecommunications services, who does 3-3 not also provide telecommunications services; or 3-4 (ii) a state agency or state institution 3-5 of higher education, or a service provided by a state agency or 3-6 state institution of higher education. 3-7 Explanation: This change is needed to specify provisions for 3-8 zone density pricing. 3-9 (2) House Rule 13, Sections 9(a)(3) and (4), are suspended 3-10 to permit the committee to add additional text not included in 3-11 either the house or senate version of the bill, to read as follows: 3-12 SECTION 34. Subchapter A, Chapter 58, Utilities Code, is 3-13 amended by adding Section 58.004 to read as follows: 3-14 Sec. 58.004. PACKAGING, TERM AND VOLUME DISCOUNTS, AND 3-15 PROMOTIONAL OFFERINGS. (a) Notwithstanding any other provision of 3-16 this chapter, an electing company that has more than five million 3-17 access lines in this state may not offer in an exchange a service 3-18 listed in Sections 58.151(1)-(4) as a component of a package of 3-19 services or as a promotional offering until the company makes the 3-20 reduction in switched access service rates required by Section 3-21 58.301(2) unless the customer of one of the pricing flexibility 3-22 offerings described in this subsection is a federal, state, or 3-23 local governmental entity. 3-24 (b) Notwithstanding any other provision of this chapter, an 3-25 electing company that has more than five million access lines in 3-26 this state may not offer a volume or term discount on any service 3-27 listed in Sections 58.151(1)-(4) until September 1, 2000, unless 4-1 the customer of one of the pricing flexibility offerings described 4-2 in this subsection is a federal, state, or local governmental 4-3 entity. 4-4 (c) Notwithstanding any other provision of this chapter, an 4-5 electing company that has more than five million access lines in 4-6 this state may offer in an exchange a service listed in Sections 4-7 58.051(a)(1)-(4) as a component of a package of services, as a 4-8 promotional offering, or with a volume or term discount on and 4-9 after September 1, 1999. 4-10 Explanation: This change is necessary to provide 4-11 restrictions on offering certain nonbasic services as a component 4-12 of a package of services, as a promotional offering, or with a 4-13 volume or term discount. Goodman _______________________________ Speaker of the House I certify that H.R. No. 1307 was adopted by the House on May 29, 1999, by a non-record vote. _______________________________ Chief Clerk of the House