By: Sibley S.R. No. 1181
SENATE RESOLUTION
1-1 BE IT RESOLVED by the Senate of the State of Texas, 76th
1-2 Legislature, Regular Session, 1999, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08 to enable the
1-4 conference committee appointed to resolve the differences on Senate
1-5 Bill No. 560, relating to the regulation of telecommunications
1-6 utilities by the Public Utility Commission of Texas and the
1-7 provision of telecommunications services, to consider and take
1-8 action on the following matters:
1-9 (1) Senate Rules 12.03(3) and (4) are suspended to permit
1-10 the committee to add additional text not included in either the
1-11 house or senate version of the bill, in SECTION 5 of the bill, in
1-12 amended Section 51.002, Utilities Code, so that SECTION 5 reads as
1-13 follows:
1-14 SECTION 5. Subdivisions (6), (7), and (10), Section 51.002,
1-15 Utilities 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
3-1 (B) does not mean:
3-2 (i) a provider of enhanced or information
3-3 services, or another user of telecommunications services, who does
3-4 not also provide telecommunications services; or
3-5 (ii) a state agency or state institution
3-6 of higher education, or a service provided by a state agency or
3-7 state institution of higher education.
3-8 Explanation: This change is needed to specify provisions for
3-9 zone density pricing.
3-10 (2) Senate Rules 12.03(3) and (4) are suspended to permit
3-11 the committee to add additional text not included in either the
3-12 house or senate version of the bill, to read as follows:
3-13 SECTION 34. Subchapter A, Chapter 58, Utilities Code, is
3-14 amended by adding Section 58.004 to read as follows:
3-15 Sec. 58.004. PACKAGING, TERM AND VOLUME DISCOUNTS, AND
3-16 PROMOTIONAL OFFERINGS. (a) Notwithstanding any other provision of
3-17 this chapter, an electing company that has more than five million
3-18 access lines in this state may not offer in an exchange a service
3-19 listed in Sections 58.151(1)-(4) as a component of a package of
3-20 services or as a promotional offering until the company makes the
3-21 reduction in switched access service rates required by Section
3-22 58.301(2) unless the customer of one of the pricing flexibility
3-23 offerings described in this subsection is a federal, state, or
3-24 local governmental entity.
3-25 (b) Notwithstanding any other provision of this chapter, an
3-26 electing company that has more than five million access lines in
4-1 this state may not offer a volume or term discount on any service
4-2 listed in Sections 58.151(1)-(4) until September 1, 2000, unless
4-3 the customer of one of the pricing flexibility offerings described
4-4 in this subsection is a federal, state, or local governmental
4-5 entity.
4-6 (c) Notwithstanding any other provision of this chapter, an
4-7 electing company that has more than five million access lines in
4-8 this state may offer in an exchange a service listed in Sections
4-9 58.051(a)(1)-(4) as a component of a package of services, as a
4-10 promotional offering, or with a volume or term discount on and
4-11 after September 1, 1999.
4-12 Explanation: This change is necessary to provide
4-13 restrictions on offering certain nonbasic services as a component
4-14 of a package of services, as a promotional offering, or with a
4-15 volume or term discount.
4-16 ______________________________________
4-17 President of the Senate
4-18 I hereby certify that the above
4-19 Resolution was adopted by the Senate
4-20 on May 29, 1999, by the following vote:
4-21 Yeas 30, Nays 0.
4-22 ______________________________________
4-23 Secretary of the Senate