78R7562 CBH-D

By:  Goodman                                                      H.B. No. 1658



A BILL TO BE ENTITLED

AN ACT

relating to regulation of high-speed Internet access and broadband 
services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 60, Utilities Code, is 
amended by adding Section 60.0015 to read as follows:
	Sec. 60.0015.  HIGH-SPEED INTERNET ACCESS AND BROADBAND 
SERVICES.  (a)  In this section, "high-speed Internet access 
service or broadband service" means a service that has the capacity 
to provide either upstream, from customer to provider, or 
downstream, from provider to customer, transmission to or from the 
Internet, or data transmission, at speeds of more than 144 kilobits 
per second, regardless of the technology or medium used to provide 
that service, including wireless, copper wire, fiber optic cable, 
or coaxial cable.
	(b)  Notwithstanding any other provision of this title, the 
commission may not require the unbundling of a network element used 
in the provision of high-speed Internet access service or broadband 
service, the resale at a discount of a high-speed Internet access 
service or broadband service, or any other obligation prescribed by 
47 U.S.C. Section 251(c), as amended, as that obligation relates to 
the provision of high-speed Internet access service or broadband 
service, unless the Federal Communications Commission specifically 
authorizes state regulatory agencies to impose such a requirement.
	(c)  This section does not affect:                                      
		(1)  an unbundling, resell, or other requirement 
prescribed by the commission before January 1, 2003; or
		(2)  the authority of the commission to regulate voice 
telecommunications services.
	SECTION 2.  This Act takes effect September 1, 2003.