By Merritt H.B. No. 3435
77R8274 CBH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to mandatory extended area service in certain exchanges.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 55.021, Utilities Code, is amended to read
1-5 as follows:
1-6 Sec. 55.021. EXTENDED AREA SERVICE. After notice and a
1-7 hearing, the commission may order one or more local exchange
1-8 companies that are dominant carriers to provide:
1-9 (1) mandatory extended area service in a metropolitan
1-10 area in accordance with Section 55.022; [or]
1-11 (2) mandatory extended area service in certain
1-12 exchanges in accordance with Section 55.0225; or
1-13 (3) optional extended area service in accordance with
1-14 Section 55.023.
1-15 SECTION 2. The heading to Section 55.022, Utilities Code, is
1-16 amended to read as follows:
1-17 Sec. 55.022. MANDATORY EXTENDED AREA SERVICE IN A
1-18 METROPOLITAN AREA.
1-19 SECTION 3. Subchapter B, Chapter 55, Utilities Code, is
1-20 amended by adding Section 55.0225 to read as follows:
1-21 Sec. 55.0225. MANDATORY EXTENDED AREA SERVICE IN CERTAIN
1-22 EXCHANGES. (a) This section applies only to an exchange that has
1-23 more than 10,000 access lines but fewer than 20,000 access lines.
1-24 (b) The commission may order mandatory extended area service
2-1 in specific exchanges if:
2-2 (1) the commission receives a petition or resolution
2-3 under Subsection (c);
2-4 (2) there is a sufficient community of interest
2-5 between the petitioning and requested exchanges;
2-6 (3) the incumbent local exchange company can
2-7 reasonably provide the service; and
2-8 (4) the proposed calling area has a single, continuous
2-9 boundary and includes not more than four exchanges.
2-10 (c) The commission may order mandatory extended area service
2-11 under this section only if the commission receives:
2-12 (1) a petition signed by at least 50 percent of the
2-13 subscribers in the petitioning exchange indicating that they want
2-14 the service and are willing to pay the charge provided by Section
2-15 55.024; or
2-16 (2) a resolution requesting the service that is signed
2-17 by:
2-18 (A) at least one member of the governing body of
2-19 each municipality in each exchange requesting the service; and
2-20 (B) each member of the commissioners court of
2-21 each county included in each exchange requesting the service.
2-22 (d) A petition or resolution must include provisions that
2-23 demonstrate that each petitioning exchange shares a community of
2-24 interest with each requested exchange.
2-25 SECTION 4. This Act takes effect September 1, 2001.