77R15353 CBH-F
By Sibley, et al. S.B. No. 1783
Substitute the following for S.B. No. 1783:
By Wolens C.S.S.B. No. 1783
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to enhanced availability of advanced telecommunications
1-3 service.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. This Act may be cited as the Texas Universal
1-6 Broadband Access Act of 2001.
1-7 SECTION 2. Chapter 55, Utilities Code, is amended by adding
1-8 Subchapter L to read as follows:
1-9 SUBCHAPTER L. DEPLOYMENT OF ADVANCED SERVICE
1-10 Sec. 55.401. POLICY. (a) It is the policy of this state to
1-11 ensure that all residents of this state have access to an advanced
1-12 service at prices and terms reasonably comparable to those of an
1-13 advanced service provided in large exchanges. An advanced service
1-14 should be reliable, secure, and easy to use and should be robust
1-15 enough to provide expected levels of service, handle peak loads, be
1-16 scalable to growing needs and uses, and be flexible in operation.
1-17 (b) It is the policy of this state to ensure that all
1-18 residents of this state have the availability of an advanced
1-19 service to be electronically connected to each other and to the
1-20 world. Access to an advanced service statewide and a continuing
1-21 ability to take advantage of emerging technologies will move this
1-22 state to the forefront in education, e-commerce, e-government,
1-23 teleworking, telemedicine, community development, and other new
1-24 fields and revitalize the economy of this state.
2-1 (c) It is the policy of this state to ensure an environment
2-2 for the deployment of an advanced service that:
2-3 (1) is technology-neutral with respect to the advanced
2-4 service technology that is used;
2-5 (2) prefers local control over solutions to address
2-6 the provisioning of an advanced service to a particular community;
2-7 and
2-8 (3) prefers competition for deployment of an advanced
2-9 service rather than governmental mandates.
2-10 Sec. 55.402. DEFINITIONS. In this subchapter:
2-11 (1) "Advanced service" means a service that delivers
2-12 an information carrying capacity, in either the downstream or
2-13 upstream direction, with a speed of at least 200 kilobits a second
2-14 in one direction in the last mile and with a speed of at least 128
2-15 kilobits a second in the alternative direction in the last mile.
2-16 (2) "Community" means a geographically contiguous and
2-17 distinct population. A community must be included wholly in one
2-18 exchange unless all or part of the community is not included in any
2-19 exchange.
2-20 (3) "Company" means a local exchange company that has
2-21 a certificate of convenience and necessity.
2-22 Sec. 55.403. REQUEST FOR ADVANCED SERVICE. (a) A community
2-23 may submit to a company providing local exchange service to the
2-24 community a request for the provision of an advanced service. If
2-25 the community is not a municipality or county, it must be sponsored
2-26 by a municipality or county in which all or part of the community
2-27 is located. The request must include:
3-1 (1) the boundaries of the community, which may not
3-2 include an area that is receiving an advanced service from the
3-3 company or from another provider of an advanced service under a
3-4 business arrangement with the company; and
3-5 (2) the name, address, and telephone number of a
3-6 person the company must contact under Section 55.404.
3-7 (b) A retail request for an advanced service is considered a
3-8 bona fide retail request if it is a written request for an advanced
3-9 service that:
3-10 (1) is signed by, and includes the addresses and
3-11 telephone numbers of, at least:
3-12 (A) 75 telephone subscribers in the community if
3-13 the community is located in an exchange that has more than 1,000
3-14 access lines; or
3-15 (B) a number of subscribers, which may not be
3-16 less than 25 or more than 75, in a community located in an exchange
3-17 that has 1,000 or fewer access lines, as determined in accordance
3-18 with rules adopted by the commission, which rules must require
3-19 consideration of population density, distance, terrain, and the
3-20 size of the exchange, except as provided by Subdivision (2); or
3-21 (2) complies with rules adopted by the commission
3-22 relating to requirements for a bona fide retail request from an
3-23 uncertificated area or from an exchange with fewer than 25
3-24 subscribers.
3-25 Sec. 55.404. RECEIPT OF REQUEST AND PROVISION OF AN ADVANCED
3-26 SERVICE. (a) A company that receives, on or after September 1,
3-27 2002, a bona fide retail request under Section 55.403 shall, not
4-1 later than the 30th day after the date the company receives the
4-2 request, notify in writing the community contact person named in
4-3 the request as to whether the company intends to:
4-4 (1) provide an advanced service;
4-5 (2) enter into a business arrangement with another
4-6 provider of an advanced service, such as a cable company, fixed
4-7 wireless company, satellite company, electric cooperative
4-8 corporation, or holder of a certificate of operating authority or
4-9 service provider certificate of operating authority to provide an
4-10 advanced service; or
4-11 (3) not provide an advanced service.
4-12 (b) Except as provided by Subsection (c), if the company
4-13 notifies the contact person that the company intends to provide an
4-14 advanced service under Subsection (a)(1) or (2), the company shall
4-15 provide an advanced service not later than the 150th day after the
4-16 date the company notifies the contact person of the company's
4-17 intent.
4-18 (c) If the company notifies the contact person that the
4-19 company cannot provide an advanced service within the period
4-20 prescribed by Subsection (b), the company may delay providing the
4-21 service for an additional 30 days. If the company cannot provide
4-22 an advanced service by the end of that 30-day period because of
4-23 circumstances beyond the company's control, the company may request
4-24 that the commission authorize an additional extension. The
4-25 commission may authorize the additional extension only on a showing
4-26 of the circumstances that are beyond the company's control.
4-27 (d) The company shall ensure that an advanced service
5-1 provided under Subsection (a)(1) or (2) is provided:
5-2 (1) at terms reasonably comparable to the terms for an
5-3 advanced service provided in the company's exchange in this state
5-4 with the greatest number of access lines and in which the company
5-5 offers an advanced service; and
5-6 (2) at prices reasonably comparable to the prices for
5-7 an advanced service provided in the company's exchange in this
5-8 state with the greatest number of access lines and in which the
5-9 company offers an advanced service, subject to Subsection (e).
5-10 (e) A company may charge a higher price for an advanced
5-11 service than is charged for an advanced service in the company's
5-12 exchange in this state with the greatest number of access lines and
5-13 in which the company offers an advanced service if the higher price
5-14 is necessary to recover costs relating to population density,
5-15 distance, or terrain. However, the price may not exceed an amount
5-16 determined reasonable by the commission, which may not exceed 140
5-17 percent of the price charged for an advanced service in the
5-18 company's exchange in this state with the greatest number of access
5-19 lines and in which the company offers an advanced service.
5-20 (f) A company may require each person who signed the request
5-21 for service to commit to receiving an advanced service from the
5-22 company for one year. The company may offer, but not require, a
5-23 commitment of more than one year. If the company requires a
5-24 one-year commitment, a number of subscribers equal to the number of
5-25 subscribers necessary to satisfy the requirements of a bona fide
5-26 request must make that commitment.
5-27 (g) Not later than the fifth business day after the date the
6-1 company receives a request to provide an advanced service, the
6-2 company shall notify the commission of the request and state
6-3 whether the request is a bona fide retail request that meets the
6-4 requirements prescribed by Section 55.403. The commission shall
6-5 publish notice of the receipt of a bona fide retail request in the
6-6 Texas Register and post a similar notice on the commission's
6-7 website.
6-8 (h) Not later than the fifth business day after the date the
6-9 company notifies the community contact person of the company's
6-10 response to the request, the company shall provide a copy of that
6-11 response to the commission. If the company intends to provide an
6-12 advanced service, the company shall promptly notify the commission
6-13 of the date an advanced service is provided.
6-14 Sec. 55.405. COMMUNITY OPTIONS IF COMPANY DECLINES TO
6-15 PROVIDE AN ADVANCED SERVICE. (a) If the company notifies the
6-16 community contact person under Section 55.404 that the company does
6-17 not intend to provide an advanced service, and if another provider
6-18 is not providing or specifically offering an advanced service to
6-19 the community as determined by the commission, the community or the
6-20 sponsoring municipality or county may attempt to obtain funding
6-21 from any applicable source, including any source described by
6-22 Subsection (b), to:
6-23 (1) directly provide an advanced service to the
6-24 community; or
6-25 (2) enter into a business arrangement to receive an
6-26 advanced service from the company or a cable company, fixed
6-27 wireless company, satellite company, electric cooperative
7-1 corporation, holder of a certificate of operating authority or
7-2 service provider certificate of operating authority, or other
7-3 provider of an advanced service.
7-4 (b) A community or sponsoring municipality or county
7-5 described by Subsection (a) may attempt to obtain funding from:
7-6 (1) a development corporation created under the
7-7 Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
7-8 Civil Statutes);
7-9 (2) a grant or loan from the telecommunications
7-10 infrastructure fund under Subchapter C, Chapter 57;
7-11 (3) a program of the Texas Agricultural Finance
7-12 Authority;
7-13 (4) a community development block grant; or
7-14 (5) other business incentives the community or
7-15 sponsoring municipality or county may use or for which the
7-16 community, municipality, or county is eligible.
7-17 (c) Subsection (b) does not affect the authority that a
7-18 community or sponsoring municipality or county has under other law
7-19 to obtain funding for any purpose from a source described by
7-20 Subsection (b).
7-21 (d) Notwithstanding any other law, including Sections 54.201
7-22 and 54.202, a community or sponsoring municipality or county may
7-23 support and provide an advanced service under this subchapter.
7-24 Sec. 55.406. FACILITY MAPS AND DATABASE; AGENCY COOPERATION
7-25 AND PLANNING. (a) The commission shall create and maintain a
7-26 database that is capable of graphic representation of the location
7-27 and inventory of all public and private sector advanced service
8-1 facilities.
8-2 (b) The commission shall participate in policy dialogue and
8-3 coordinate, cooperate, and mutually agree on policies with the
8-4 Telecommunications Infrastructure Fund Board, the Department of
8-5 Agriculture, or other state agencies or groups, as the commission
8-6 considers necessary, regarding the availability of funding or the
8-7 establishment of priorities to accelerate the deployment of an
8-8 advanced service to all areas of this state.
8-9 (c) The commission shall:
8-10 (1) collect and maintain the information necessary to
8-11 create and maintain the database under Subsection (a); and
8-12 (2) submit a biennial report to the legislature on the
8-13 deployment of advanced services.
8-14 (d) The commission shall maintain the confidentiality of any
8-15 proprietary information obtained under this subchapter, and that
8-16 information is not subject to disclosure under Chapter 552,
8-17 Government Code. In addition, the commission may not disclose
8-18 information in a manner that identifies the entity from which the
8-19 commission obtained the information.
8-20 Sec. 55.407. COMMISSION AUTHORITY. (a) This subchapter
8-21 establishes the state's uniform policy for the deployment of an
8-22 advanced service.
8-23 (b) This subchapter supersedes any final order of the
8-24 commission entered under Section 14.101 or 54.054 to the extent
8-25 that the order may require a company to deploy a specific advanced
8-26 service:
8-27 (1) to end users; or
9-1 (2) on receipt of a specific number of bona fide
9-2 requests.
9-3 (c) Notwithstanding any other provision of this title, the
9-4 commission has all jurisdiction necessary to enforce this
9-5 subchapter.
9-6 SECTION 3. Section 57.042, Utilities Code, is amended to read
9-7 as follows:
9-8 Sec. 57.042. DEFINITIONS. In this subchapter:
9-9 (1) "Advanced service" and "community" have the
9-10 meanings assigned by Section 55.402.
9-11 (2) "Ambulatory health care center" means a health
9-12 care clinic or an association of such a clinic that is:
9-13 (A) exempt from federal income taxation under
9-14 Section 501(a), Internal Revenue Code of 1986, as amended, as an
9-15 organization described by Section 501(c)(3), as amended; and
9-16 (B) funded wholly or partly by a grant under 42
9-17 U.S.C. Section 254b, 254c, or 256, as amended.
9-18 (3) [(2)] "Board" means the telecommunications
9-19 infrastructure fund board.
9-20 (4) [(3)] "Commercial mobile service provider" means a
9-21 provider of commercial mobile service as defined by Section 332(d),
9-22 Communications Act of 1934 (47 U.S.C. Section 151 et seq.), Federal
9-23 Communications Commission rules, and the Omnibus Budget
9-24 Reconciliation Act of 1993 (Pub. L. No. 103-66).
9-25 (5) "Community technology center" means a center that
9-26 provides individuals or organizations with access to computers,
9-27 technology literacy training, the Internet, technical support, and
10-1 staff training.
10-2 (6) [(4)] "Fund" means the telecommunications
10-3 infrastructure fund.
10-4 (7) [(5)] "Institution of higher education" means:
10-5 (A) an institution of higher education as
10-6 defined by Section 61.003, Education Code; or
10-7 (B) a private or independent institution of
10-8 higher education as defined by Section 61.003, Education Code.
10-9 (8) [(6)] "Library" means:
10-10 (A) a public library or regional library system
10-11 as those terms are defined by Section 441.122, Government Code; or
10-12 (B) a library operated by an institution of
10-13 higher education or a school district.
10-14 (9) [(7)] "Public not-for-profit health care facility"
10-15 means a rural or regional hospital or other entity such as a rural
10-16 health clinic that:
10-17 (A) is supported by local or regional tax
10-18 revenue;
10-19 (B) is a certified not-for-profit health
10-20 corporation, under federal law; or
10-21 (C) is an ambulatory health care center.
10-22 (10) [(8)] "School district" includes an independent
10-23 school district, a common school district, and a rural high school
10-24 district.
10-25 (11) [(9)] "Public school" means a public elementary
10-26 or secondary school, including an open-enrollment charter school, a
10-27 home-rule school district school, and a school with a campus or
11-1 campus program charter.
11-2 (12) [(10)] "Taxable telecommunications receipts"
11-3 means taxable telecommunications receipts reported under Chapter
11-4 151, Tax Code.
11-5 (13) [(11)] "Telemedicine":
11-6 (A) means medical services delivered by
11-7 telecommunications technologies to rural or underserved public
11-8 not-for-profit health care facilities or primary health care
11-9 facilities in collaboration with an academic health center and an
11-10 associated teaching hospital or tertiary center or with another
11-11 public not-for-profit health care facility; and
11-12 (B) includes consultive services, diagnostic
11-13 services, interactive video consultation, teleradiology,
11-14 telepathology, and distance education for working health care
11-15 professionals.
11-16 SECTION 4. Section 57.046(b), Utilities Code, is amended to
11-17 read as follows:
11-18 (b) The board shall use money in the qualifying entities
11-19 account for any purpose authorized by this subchapter, including:
11-20 (1) equipment;
11-21 (2) wiring;
11-22 (3) material;
11-23 (4) program development;
11-24 (5) training;
11-25 (6) installation costs; [and]
11-26 (7) a statewide telecommunications network;
11-27 (8) community planning and determination of advanced
12-1 service requirements;
12-2 (9) the development and provisioning of a community
12-3 technology center with the exclusion of costs associated with
12-4 building, renting, leasing, or otherwise acquiring a location for
12-5 the center; and
12-6 (10) an advanced service for a community or sponsoring
12-7 municipality or county as prescribed by Section 55.405(a).
12-8 SECTION 5. Sections 57.047(a), (b), and (c), Utilities Code,
12-9 are amended to read as follows:
12-10 (a) The board may award a grant to a project or proposal
12-11 that:
12-12 (1) provides equipment and infrastructure necessary
12-13 for:
12-14 (A) distance learning;
12-15 (B) an information sharing program of a library;
12-16 [or]
12-17 (C) telemedicine services;
12-18 (D) community technology centers; or
12-19 (E) an advanced service for a community or
12-20 sponsoring municipality or county that will use the grant for a
12-21 purpose prescribed by Section 55.405(a);
12-22 (2) develops and implements the initial or
12-23 prototypical delivery of a course or other distance learning
12-24 material;
12-25 (3) trains teachers, faculty, librarians, or
12-26 technicians in the use of distance learning or information sharing
12-27 materials and equipment;
13-1 (4) develops a curriculum or instructional material
13-2 specially suited for telecommunications delivery;
13-3 (5) provides electronic information; or
13-4 (6) establishes or carries out an information sharing
13-5 program.
13-6 (b) The board may award a loan to a project or proposal to
13-7 acquire equipment needed for distance learning, [and] telemedicine,
13-8 or community technology center projects. The board may award a
13-9 loan to a project or proposal submitted by a community or
13-10 sponsoring municipality or county to acquire equipment needed for
13-11 an advanced service project under Section 55.405(a).
13-12 (c) In awarding a grant or loan under this subchapter, the
13-13 board shall give priority to a project or proposal that:
13-14 (1) represents collaborative efforts [involving more
13-15 than one school, university, or library];
13-16 (2) contributes matching funds from another source;
13-17 (3) shows promise of becoming self-sustaining;
13-18 (4) helps users of information learn new ways to
13-19 acquire and use information through telecommunications or an
13-20 advanced service;
13-21 (5) extends specific educational information and
13-22 knowledge services to a group not previously served, especially a
13-23 group in a rural or remote area;
13-24 (6) results in more efficient or effective learning
13-25 than through conventional teaching;
13-26 (7) improves the effectiveness and efficiency of
13-27 health care delivery; [or]
14-1 (8) takes advantage of distance learning opportunities
14-2 in a rural or urban school district with a:
14-3 (A) disproportionate number of at-risk youths;
14-4 or
14-5 (B) high dropout rate; or
14-6 (9) will establish or enhance the provision of an
14-7 advanced service to rural or low-income communities of this state.
14-8 SECTION 6. Subchapter C, Chapter 57, Utilities Code, is
14-9 amended by adding Section 57.0475 to read as follows:
14-10 Sec. 57.0475. COMMUNITY DEVELOPMENT GRANT AND LOAN
14-11 REQUIREMENTS. (a) The board shall coordinate the board's duties
14-12 and responsibilities with the commission and any other state or
14-13 local government entity as necessary to encourage ubiquitous access
14-14 to an advanced service in all areas of this state.
14-15 (b) An entity requesting a grant or loan to establish a
14-16 community technology center must, at a minimum, include in the
14-17 request:
14-18 (1) a cost estimate; and
14-19 (2) a list of efforts to use other public or private
14-20 resources and the amount of matching funds to be provided by the
14-21 entity.
14-22 (c) A community or sponsoring municipality or county
14-23 requesting a grant or loan relating to an advanced service project
14-24 under Section 55.405(a) must, at a minimum, include in the request:
14-25 (1) a network design and cost estimate;
14-26 (2) a list of efforts to use other public or private
14-27 resources and the amount of matching funds to be provided by the
15-1 community or sponsoring municipality or county; and
15-2 (3) a list of all public offices and private sector
15-3 and nonprofit sector customers that could be connected or receive
15-4 an advanced service under the proposed project.
15-5 SECTION 7. Section 57.048, Utilities Code, is amended to read
15-6 as follows:
15-7 Sec. 57.048. ASSESSMENTS AND COLLECTIONS. (a) An annual
15-8 assessment is imposed on each telecommunications utility and each
15-9 commercial mobile service provider doing business in this state.
15-10 (b) The assessment is imposed at the rate of 0.76 [1.25]
15-11 percent of the taxable telecommunications receipts of the
15-12 telecommunications utility or commercial mobile service provider,
15-13 subject to this section.
15-14 (c) [The total amount deposited to the credit of the fund,
15-15 excluding interest and loan repayments, may not exceed $1.5
15-16 billion. Not later than August 31 of each year, the comptroller
15-17 shall determine the total amount, excluding interest and loan
15-18 repayments, that has been deposited to the credit of the fund
15-19 during that fiscal year and the preceding fiscal years. If the
15-20 comptroller determines that a total of $1.2 billion or more,
15-21 excluding interest and loan repayments, has been deposited to the
15-22 credit of the fund, the comptroller shall impose the assessment
15-23 during the next fiscal year at a rate that the comptroller
15-24 estimates is sufficient to produce the amount necessary to result
15-25 in the deposit in the fund of a total of not more than $1.5
15-26 billion, excluding interest and loan repayments.]
15-27 [(d) The comptroller may not collect the assessment during a
16-1 fiscal year if the comptroller determines after the yearly review
16-2 that the total amount deposited to the credit of the fund during
16-3 that fiscal year and the preceding fiscal years is $1.49 billion or
16-4 more, excluding interest and loan repayments, and it is not
16-5 possible to impose the assessment during the next fiscal year at a
16-6 practical rate without collecting more than a total of $1.5
16-7 billion, excluding interest and loan repayments.]
16-8 [(e)] The comptroller may require a telecommunications
16-9 utility or commercial mobile service provider to provide any report
16-10 or information necessary to fulfill the comptroller's duties under
16-11 this section. Information provided to the comptroller under this
16-12 section is confidential and exempt from disclosure under Chapter
16-13 552, Government Code.
16-14 SECTION 8. Section 54.202, Utilities Code, is amended by
16-15 adding Subsection (c) to read as follows:
16-16 (c) This section does not apply to a municipal electric
16-17 system owned, operated, and controlled by a municipality with a
16-18 population of not more than 25,000 with respect to the system's
16-19 provision of an advanced service as defined by Section 55.402.
16-20 SECTION 9. Section 55.014(c), Utilities Code, is amended to
16-21 read as follows:
16-22 (c) Notwithstanding any other provision of this title,
16-23 beginning September 1, 2005 [2001], a company to which this section
16-24 applies that provides advanced telecommunications services within
16-25 the company's urban service areas, shall, on a bona fide retail
16-26 request for those services, provide in rural areas of this state
16-27 served by the company advanced telecommunications services that are
17-1 reasonably comparable to the advanced services provided in urban
17-2 areas. The company shall offer the advanced telecommunications
17-3 services:
17-4 (1) at prices, terms, and conditions that are
17-5 reasonably comparable to the prices, terms, and conditions for
17-6 similar advanced services provided by the company in urban areas;
17-7 and
17-8 (2) within 15 months after the bona fide request for
17-9 those advanced services.
17-10 SECTION 10. Subchapter E, Chapter 54, Utilities Code, is
17-11 amended by adding Section 54.2045 to read as follows:
17-12 Sec. 54.2045. LIMITATIONS ON PROVISION OF CABLE SERVICE BY
17-13 MUNICIPALITY. (a) In this section, "cable service" means, jointly
17-14 or singly, cable video services or access to the Internet that is
17-15 provided through a cable system. The term does not include any
17-16 service that is related to an energy service, municipal utility
17-17 service, or the provision of a general municipal or governmental
17-18 service. For purposes of this subsection, cable video programming
17-19 services or access to the Internet provided to the public generally
17-20 through a cable system, as defined by Section 522(7),
17-21 Communications Act of 1934 (47 U.S.C. Section 151 et seq.), as
17-22 amended, are not within the scope of or related to an energy
17-23 service, municipal utility service, or general municipal or
17-24 governmental service.
17-25 (b) This section applies to a municipality that is otherwise
17-26 authorized by law to provide cable services and offers or wants to
17-27 offer those services to the public:
18-1 (1) directly, through an entity created by the
18-2 municipality, or through an electric system that the municipality
18-3 directly or indirectly owns, operates, and controls; and
18-4 (2) in competition with a private provider of those
18-5 services.
18-6 (c) The municipality may provide cable services only in
18-7 compliance with this section. The municipality must conduct the
18-8 municipality's activities in providing cable services and in its
18-9 regulation of competing private providers that offer cable services
18-10 so as to avoid discriminatory practices that could limit
18-11 competition and shall specifically ensure nondiscriminatory and
18-12 reasonably comparable treatment between the municipality's own
18-13 provision of cable services and that of competing providers with
18-14 respect to:
18-15 (1) all financial and operational requirements imposed
18-16 by the municipality on providers of cable services;
18-17 (2) any requirement that a franchise, license, or
18-18 other authorization be obtained before cable services may be
18-19 offered within the municipality as provided by Subsection (d);
18-20 (3) compliance with and enforcement of municipal
18-21 regulations and requirements governing the construction, operation,
18-22 and maintenance of facilities used in the provision of cable
18-23 services; and
18-24 (4) access to the municipality's or municipal electric
18-25 system's utility poles and conduits at terms comparable to those
18-26 provided to other third-party users by the municipality or
18-27 municipal electric system and rates that would apply if the
19-1 municipality or municipal electric system were subject to the
19-2 provision of Section 224, Communications Act of 1934 (47 U.S.C.
19-3 Section 151 et seq.), as amended, except that, with respect to its
19-4 municipal electric system, that system may, on a nondiscriminatory
19-5 basis, deny a provider of cable services access to its poles,
19-6 ducts, conduits, or rights-of-way if there is insufficient capacity
19-7 or for reasons of safety, reliability, or generally applicable
19-8 engineering purposes.
19-9 (d) A municipal franchise, license, or other authorization
19-10 may not impose on the municipality or municipal electric system any
19-11 requirement that is less burdensome with respect to technical
19-12 design performance or public, institutional, educational, and
19-13 governmental access provisions than the requirements imposed on
19-14 competing private providers.
19-15 (e) Tying arrangements and price discrimination, to the
19-16 extent proscribed by state and federal antitrust law applicable to
19-17 municipalities and municipal electric systems, are prohibited in
19-18 conjunction with an offering of cable services by a municipality or
19-19 municipal electric system.
19-20 (f) A municipality or municipal electric system shall
19-21 include in its charges for cable services an in-lieu-of-fee or
19-22 other component that is reasonably equivalent to local property
19-23 taxes, franchise fees, pole attachment fees, and other fees levied
19-24 by the municipality on providers of cable services that the
19-25 business unit of the municipality or municipal electric system
19-26 providing cable services would have to pay if the unit was a
19-27 private provider.
20-1 (g) A municipality may not begin offering cable services
20-2 directly, through an electric system that the municipality owns,
20-3 operates, and controls, or otherwise, unless:
20-4 (1) a majority of the voters of the municipality
20-5 voting in an election called and held by the municipality for that
20-6 purpose approves the provision of that service; or
20-7 (2) the governing body of the municipality conducts a
20-8 public hearing and adopts a resolution declaring its intent to
20-9 offer the services as provided by Subsection (h).
20-10 (h) Before a public hearing on the issue of offering cable
20-11 services, the municipality shall make information concerning the
20-12 anticipated offering, including technical, financial, and business
20-13 aspects, available to the public. The municipality shall provide
20-14 notice of the public hearing and of the location of the public
20-15 information by sending the notice by regular mail to incumbent
20-16 cable operators and by publishing the notice once in a newspaper of
20-17 general circulation in the county in which the municipality or
20-18 municipal electric system is located not earlier than the 30th day
20-19 or later than the 10th day before the date of the hearing. The
20-20 governing body shall consider the public comments received at the
20-21 hearing and may modify the resolution. The municipality may adopt
20-22 the resolution at a regular or special meeting. The municipality
20-23 may not adopt the resolution before the 30th day after the date of
20-24 the public hearing.
20-25 (i) In the event of a dispute between a municipality and a
20-26 provider of cable services under this section, the parties shall
20-27 explore and attempt to implement available procedures for
21-1 alternative dispute resolution listed in Section 154.021(a), Civil
21-2 Practice and Remedies Code, before instituting litigation. This
21-3 subsection may not be interpreted to require the parties to engage
21-4 in binding arbitration.
21-5 (j) The commission may not adopt any rule related to this
21-6 section.
21-7 SECTION 11. Section 58.253(a), Utilities Code, is amended to
21-8 read as follows:
21-9 (a) On customer request, an electing company shall provide
21-10 private network services to:
21-11 (1) an educational institution;
21-12 (2) a library;
21-13 (3) a nonprofit telemedicine center;
21-14 (4) a public or not-for-profit hospital;
21-15 (5) a project funded by the telecommunications
21-16 infrastructure fund under Subchapter C, Chapter 57, except for a
21-17 project authorized or permitted by Subchapter L, Chapter 55; or
21-18 (6) a legally constituted consortium or group of
21-19 entities listed in this subsection.
21-20 SECTION 12. Subchapter D, Chapter 59, Utilities Code, is
21-21 amended by adding Section 59.083 to read as follows:
21-22 Sec. 59.083. INCENTIVE TO PROVIDE AN ADVANCED SERVICE. (a)
21-23 In this section, "advanced service" has the meaning assigned by
21-24 Section 55.402.
21-25 (b) As an incentive to deploy an advanced service in this
21-26 state, a company electing under this chapter may, on notification
21-27 to the commission and without having to elect under Chapter 58,
22-1 elect to have the company's services established as:
22-2 (1) basic network services according to Section
22-3 58.051;
22-4 (2) nonbasic services according to Section 58.151; and
22-5 (3) new services according to Section 58.153.
22-6 (c) The rate cap provision of Section 58.054 and the pricing
22-7 provisions of Section 58.152 applicable to basic network services
22-8 and nonbasic services apply to a company electing under this
22-9 section.
22-10 (d) An election made under this section supersedes any final
22-11 order of the commission entered under Section 14.101 or 54.054 to
22-12 the extent that the order limits the rates charged for nonbasic
22-13 services specific to the electing company.
22-14 (e) A company may elect under this section only if the
22-15 company commits to provide an advanced service beginning on
22-16 September 1, 2001, to any community that submits a bona fide
22-17 request under Section 55.403 signed by at least 75 subscribers.
22-18 SECTION 13. Section 2(11)(A), Development Corporation Act of
22-19 1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
22-20 read as follows:
22-21 (A) "Project" shall mean the land, buildings,
22-22 equipment, facilities, targeted infrastructure, and improvements
22-23 (one or more) to promote new and expanded business development or
22-24 found by the board of directors to be required or suitable for the
22-25 promotion of development and expansion of manufacturing and
22-26 industrial facilities, job creation and retention, job training,
22-27 educational facilities, transportation facilities (including but
23-1 not limited to airports, ports, mass commuting facilities, and
23-2 parking facilities), facilities or infrastructure used to support
23-3 or provide an advanced service, as defined by Section 55.402,
23-4 Utilities Code, sewage or solid waste disposal facilities,
23-5 recycling facilities, air or water pollution control facilities,
23-6 facilities for the furnishing of water to the general public,
23-7 distribution centers, small warehouse facilities capable of serving
23-8 as decentralized storage and distribution centers, and facilities
23-9 for use by institutions of higher education, and for the promotion
23-10 of development or redevelopment and expansion, including costs of
23-11 administration and operation, of a military base closed or
23-12 realigned pursuant to recommendation of the Defense Closure and
23-13 Realignment Commission pursuant to the Defense Base Closure and
23-14 Realignment Act of 1990 (10 U.S.C. Section 2687 note) as amended,
23-15 and of facilities which are related to any of the foregoing, and in
23-16 furtherance of the public purposes of this Act, all as defined in
23-17 the rules of the department, irrespective of whether in existence
23-18 or required to be identified, acquired, or constructed thereafter.
23-19 "Project" also includes job training required or
23-20 suitable for the promotion of development and expansion of business
23-21 enterprises and other enterprises described by this Act, as
23-22 provided by Section 38 of this Act.
23-23 SECTION 14. With the exception of Section 54.2045, Utilities
23-24 Code, as added by this Act, a provision of this Act may not be
23-25 construed to limit or restrict the provision of a service by a
23-26 municipality or a municipal electric system that the municipality
23-27 or system could lawfully provide before the effective date of this
24-1 Act. Nothing in this Act is intended to expand or change the
24-2 definition of a public utility under the Utilities Code.
24-3 SECTION 15. (a) This Act takes effect September 1, 2001.
24-4 (b) The Public Utility Commission of Texas shall submit the
24-5 first report required by Section 55.406(c)(2), Utilities Code, as
24-6 added by this Act, not later than January 15, 2003.