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Amend SB 21 (house committee printing) as follows:
(1) Strike SECTION 11 of the bill (page 16, lines 1-3), and
substitute the following:
SECTION 11. Section 56.025(a), Utilities Code, is amended to
read as follows:
(a) In addition to the authority provided by Section 56.021,
for each local exchange company that serves fewer than 31,000 [five
million] access lines and each cooperative, the commission:
(1) may adopt a mechanism necessary to maintain
reasonable rates for local exchange telephone service; and
(2) shall adopt rules to expand the universal service
fund in the circumstances prescribed by this section.
(2) In SECTION 13 of the bill, in added Section 56.029(h),
Utilities Code (page 18, line 25), between the period and "Not",
insert "The commission shall also review and make recommendations
on any mechanisms adopted under Section 56.025.
(3) In SECTION 13 of the bill, in added Section 56.029(h),
Utilities Code (page 18, line 26), strike "this issue" and
substitute "these issues".
(4) In SECTION 25 of the bill, in added Section
66.002(6)(B)(iv), Utilities Code (page 53, line 16), strike
"non-cable service" and substitute "non-cable service or non-video
service".
(5) In SECTION 25 of the bill, in added Section
66.002(6)(B)(iv), Utilities Code (page 53, lines 18-19), strike
"(but not excluding Internet protocol cable services or Internet
protocol video services)" and substitute "(but not excluding cable
services or video services)".
(6) In SECTION 25 of the bill, in added Section
66.002(6)(B)(iv), Utilities Code (page 53, line 21), between
"service" and "in", insert "or non-video service".
(7) In SECTION 25 of the bill, in added Section 66.002(7),
Utilities Code (page 56, lines 2-3), strike "subscribers in a
particular municipality" and substitute "cable subscribers in a
particular municipal franchise area".
(8) In SECTION 25 of the bill, in added Section 66.003(a),
Utilities Code (page 57, line 4), between "expires" and the period,
insert ", except as provided by Section 66.004".
(9) In SECTION 25 of the bill, in added Section 66.004(a),
Utilities Code (page 59, line 3), between "chapter" and "until",
insert "as to those municipalities", and strike "the later of
January 1, 2008, or".
(10) In SECTION 25 of the bill, in added Section 66.004(a),
Utilities Code (page 59, line 4), between "agreement" and the
period, insert ", except as provided by Subsections (b) and (c).
(11) In SECTION 25 of the bill, in added Section 66.004,
Utilities Code (page 59, between lines 4 and 5), between added
Subsections (a) and (b), insert the following and reletter added
Subsections (b)-(d) as (d)-(f) respectively:
(b) Beginning September 1, 2005, a cable service provider or
video service provider that is not the incumbent cable service
provider and serves fewer than 40 percent of the total cable
customers in a particular municipal franchise area may elect to
terminate that municipal franchise and seek a state-issued
certificate of franchise authority by providing written notice to
the commission and the affected municipality before January 1,
2006. The municipal franchise is terminated on the date the
commission issues the state-issued certificate of franchise
authority.
(c) A cable service provider that serves fewer than 40
percent of the total cable customers in a municipal franchise area
and that elects under Subsection (b) to terminate an existing
municipal franchise is responsible for remitting to the affected
municipality before the 91st day after the date the municipal
franchise is terminated any accrued buy unpaid franchise fees due
under the terminated franchise. If the cable service has credit
remaining from prepaid franchise fees, the provider may deduct the
amount of the remaining credit from any future fees or taxes it must
pay to the municipality, either directly or through the
comptroller.
(12) In SECTION 25 of the bill, in added Section 66.005(b),
Utilities Code (page 61 line 9), strike "or the state".
(13) In SECTION 25 of the bill, in added Section 66.006(a),
Utilities Code (page 61, line 17), strike "or January 1, 2008,
whichever is later".
(14) In SECTION 25 of the bill, in added Section 66.006(b),
Utilities Code (page 62, line 8), strike "or January 1, 2008,
whichever is later".
(15) In SECTION 25 of the bill, in added Section 66.008,
Utilities Code, on page 63, line 21, strike "(a)", and on page 63,
line 27 through page 64, line 44, strike all of Subsection (b).
(16) Add the following appropriately numbered SECTION to the
bill and renumber subsequent SECTIONS accordingly:
SECTION__. Section 55.015, Utilities Code, is amended by
amending Subsections (a), (c), and (d) and adding Subsections
(b-1), (d-1), and (d-2) to read as follows:
(a) The commission shall adopt rules prohibiting a
certificated provider of local exchange telephone service
[telecommunications provider] from discontinuing basic network
services listed in Section 58.051 [local exchange telephone
service] to a consumer who receives lifeline service because of
nonpayment by the consumer of charges for other services billed by
the provider, including interexchange telecommunications [long
distance] service.
(b-1) The commission shall adopt rules requiring
certificated providers of local exchange telephone service to
implement procedures to ensure that all consumers are clearly
informed both orally and in writing of the existence of the lifeline
service program when they request or initiate service or change
service locations or providers. On or before June 1, 2006, the
commission shall enter into a memorandum of understanding with the
Health and Human Services Commission and, to the maximum extent
feasible, housing authorities in the principal cities of each
metropolitan statistical area, to improve enrollment rates in the
lifeline service program.
(c) A certificated provider of local exchange telephone
service [telecommunications provider] may block a lifeline service
participant's access to all interchange telecommunications [long
distance] service except toll-free numbers when the participant
owes an outstanding amount for that service. The provider
[telecommunications provider] shall remove the block without
additional cost to the participant on payment of the outstanding
amount.
(d) A certificated provider of local exchange telephone
service [telecommunications provider] shall offer a consumer who
applies for or receives lifeline service the option of blocking all
toll calls or, if technically capable, placing a limit on the amount
of toll calls. The provider may not charge the consumer an
administrative charge or other additional amount for the blocking
service.
(d-1) A certificated provider of local exchange telephone
service shall provide access to lifeline service to a customer
whose income is not more than 150 percent of the applicable income
level established by the federal poverty guidelines or in whose
household resides a person who receives or has a child who receives:
(1) Medicaid;
(2) food stamps;
(3) Supplemental Security Income;
(4) federal public housing assistance;
(5) Low Income Home Energy Assitance Program (LIHEAP)
assistance; or
(6) health benefits coverage under the state child
health plan under Chapter 62, Health and Safety Code.
(d-2) A certificated provider of local exchange telephone
service shall provide consumers who apply for or receive lifeline
service access to available vertical services or custom calling
features, including caller ID, call waiting, and call blocking, at
the same price as other consumers. Lifeline discounts shall only
apply to that portion of the bill that is for basic network service.