2003S0119-3 02/04/03


By:  Armbrister                                                   S.B. No. 377


A BILL TO BE ENTITLED

AN ACT

relating to the regulation of high-speed Internet access and 
broadband services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 60.001, Utilities Code, is amended to 
read as follows:   
	Sec. 60.001.  FAIR COMPETITION.  (a)  To the extent 
necessary to ensure that competition in telecommunications is fair 
to each participant and to accelerate the improvement of 
telecommunications in this state, the commission shall ensure that 
the rates and rules of an incumbent local exchange company:
		(1)  are not unreasonably preferential, prejudicial, 
or discriminatory; and 
		(2)  are applied equitably and consistently.                                  
	(b)  Notwithstanding any other provision in this title, and 
except to the extent specifically required under Federal 
Communications Commission regulations, the commission may not 
impose any regulation or obligation on a provider of high-speed 
Internet access service or broadband service in the provider's 
provision of such service, regardless of the technology or medium 
used to provide such service.  Nothing in this subsection shall be 
construed to deprive the commission of authority over voice-grade 
basic local telecommunications services provided to end-user 
customers.
	(c)  In this section, "high-speed Internet access service" 
or "broadband service" means those services and underlying 
facilities that provide upstream, from customer to provider, or 
downstream, from provider to customer, transmission to or from the 
Internet or have the capability to transmit data in excess of 144 
kilobits per second, regardless of the technology or medium used, 
including wireless, copper wire, fiber optic cable, or coaxial 
cable, to provide such service.
	SECTION 2.  This Act takes effect September 1, 2003.