By: Armbrister S.B. No. 1402
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of voice communications provided by a
person holding a cable franchise.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.002, Utilities Code, is amended to
read as follows:
Sec. 51.002. DEFINITIONS. In this subtitle:
(1) "Basic local telecommunications service" means:
(A) flat rate residential and business local
exchange telephone service, including primary directory listings;
(B) tone dialing service;
(C) access to operator services;
(D) access to directory assistance services;
(E) access to 911 service provided by a local
authority or dual party relay service;
(F) the ability to report service problems seven
days a week;
(G) lifeline and tel-assistance services; and
(H) any other service the commission determines
after a hearing is a basic local telecommunications service.
(2) "Dominant carrier" means a provider of a
communication service provided wholly or partly over a telephone
system who the commission determines has sufficient market power in
a telecommunications market to control prices for that service in
that market in a manner adverse to the public interest. The term
includes a provider who provided local exchange telephone service
within a certificated exchange area on September 1, 1995, as to that
service and as to any other service for which a competitive
alternative is not available in a particular geographic market. In
addition, with respect to:
(A) intraLATA long distance message
telecommunications service originated by dialing the access code
"1-plus," the term includes a provider of local exchange telephone
service in a certificated exchange area for whom the use of that
access code for the origination of "1-plus" intraLATA calls in the
exchange area is exclusive; and
(B) interexchange services, the term does not
include an interexchange carrier that is not a certificated local
exchange company.
(3) "Incumbent local exchange company" means a local
exchange company that has a certificate of convenience and
necessity on September 1, 1995 and the holder of a franchise
pursuant to Title VI of the Communications Act of 1934, 47 U.S.C.
521 et. seq., to the extent the franchise holder provides voice
communications.
(4) "Local exchange company" means a
telecommunications utility that has a certificate of convenience
and necessity or a certificate of operating authority to provide in
this state:
(A) local exchange telephone service;
(B) basic local telecommunications service; or
(C) switched access service.
(5) "Local exchange telephone service" means
telecommunications service provided within an exchange to
establish connections between customer premises within the
exchange, including connections between a customer premises and a
long distance provider serving the exchange. The term includes
tone dialing service, service connection charges, and directory
assistance services offered in connection with basic local
telecommunications service and interconnection with other service
providers. The term does not include the following services,
whether offered on an intraexchange or interexchange basis:
(A) central office based PBX-type services for
systems of 75 stations or more;
(B) billing and collection services;
(C) high-speed private line services of 1.544
megabits or greater;
(D) customized services;
(E) private line or virtual private line
services;
(F) resold or shared local exchange telephone
services if permitted by tariff;
(G) dark fiber services;
(H) non-voice data transmission service offered
as a separate service and not as a component of basic local
telecommunications service;
(I) dedicated or virtually dedicated access
services; or
(J) any other service the commission determines
is not a "local exchange telephone service."
(6) "Long run incremental cost" has the meaning
assigned by 16 T.A.C. Section 23.91 or its successor.
(7) "Pricing flexibility" includes:
(A) customer specific contracts;
(B) packaging of services;
(C) volume, term, and discount pricing;
(D) zone density pricing, with a zone to be
defined as an exchange; and
(E) other promotional pricing.
(8) "Public utility" or "utility" means a person or
river authority that owns or operates for compensation in this state
equipment or facilities to convey, transmit, or receive
communications over a telephone system as a dominant carrier. The
term includes a lessee, trustee, or receiver of any of those entities,
or a combination of those entities and the holder of a franchise
pursuant to Title VI of the Communications Act of 1934, 47 U.S.C. 521
et. seq., to the extent the franchise holder provides voice
communications. The term does not include a municipal corporation. A
person is not a public utility solely because the person:
(A) furnishes or furnishes and maintains a
private system;
(B) manufactures, distributes, installs, or
maintains customer premise communications equipment and
accessories; or
(C) furnishes a telecommunications service or
commodity only to itself, its employees, or its tenants as an
incident of employment or tenancy, if that service or commodity is
not resold to or used by others.
(9) "Separation" means the division of plant,
revenues, expenses, taxes, and reserves applicable to exchange or
local service if these items are used in common to provide public
utility service to both local exchange telephone service and other
service, such as interstate or intrastate toll service.
(10) "Telecommunications provider":
(A) means:
(i) a certificated telecommunications
utility;
(ii) a shared tenant service provider;
(iii) a nondominant carrier of
telecommunications services;
(iv) a provider of commercial mobile
service as defined by Section 332(d), Communications Act of 1934
(47 U.S.C. Section 151 et seq.), Federal Communications Commission
rules, and the Omnibus Budget Reconciliation Act of 1993 (Public
Law 103-66), except that the term does not include these entities
for the purposes of Chapter 17, 55, or 64;
(v) a telecommunications entity that
provides central office based PBX-type sharing or resale
arrangements;
(vi) an interexchange telecommunications
carrier;
(vii) a specialized common carrier;
(viii) a reseller of communications;
(ix) a provider of operator services;
(x) a provider of customer-owned pay
telephone service; or
(xi) a person or entity determined by the
commission to provide telecommunications services to customers in
this state; [and]
(xii) the holder of a franchise pursuant to
Title VI of the Communications Act of 1934, 47 U.S.C. 521 et. seq.,
to the extent the franchise holder provides voice communications;
and
(B) does not mean:
(i) a provider of enhanced or information
services, or another user of telecommunications services, who does
not also provide telecommunications services; or
(ii) a state agency or state institution of
higher education, or a service provided by a state agency or state
institution of higher education.
(11) "Telecommunications utility" means:
(A) a public utility;
(B) an interexchange telecommunications carrier,
including a reseller of interexchange telecommunications services;
(C) a specialized communications common carrier;
(D) a reseller of communications;
(E) a communications carrier who conveys,
transmits, or receives communications wholly or partly over a
telephone system;
(F) a provider of operator services as defined by
Section 55.081, unless the provider is a subscriber to
customer-owned pay telephone service; [and]
(G) a separated affiliate or an electronic
publishing joint venture as defined in Chapter 63 [.]; and
(H) the holder of a franchise pursuant to Title
VI of the Communications Act of 1934, 47 U.S.C. 521 et. seq., to the
extent the franchise holder provides voice communications.
(12) "Tier 1 local exchange company" has the meaning
assigned by the Federal Communications Commission.
SECTION 2. This Act takes effect September 1, 2005.