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2005S0547-1  03/10/05


By:  Carona                                                       S.B. No. 1588


A BILL TO BE ENTITLED

AN ACT

relating to limited regulation for new or emerging technologies 
provided by certain telecommunications providers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 55, Utilities Code, is 
amended by adding Section 55.0145 as follows:
	Sec. 55.0145.  LIMITED REGULATION OF NEW OR EMERGING 
TECHNOLOGIES.  (a)  The commission shall not exercise jurisdiction 
over:
		(1)  advanced services, except as provided by Section 
55.014;        
		(2)  broadband service, as defined by the Federal 
Communications Commission; or
		(3)  any service not commercially available on February 
8, 1996.     
	(b)  The commission shall not exercise jurisdiction over 
information services, as defined in 47 U.S.C. Section 153(20), or 
Internet Protocol enabled services, as defined by the Federal 
Communications Commission, except:
		(1)  as may be reasonably necessary to provide for 
access to emergency services, including access to 911 and enhanced 
911; and
		(2)  for purposes of determining the rights and 
obligations of any telecommunications provider concerning the 
payment of switched network access rates or other compensation for 
use of another provider's facilities or services.  The commission 
shall not impose requirements under this subsection that exceed 
those imposed by, or that are otherwise inconsistent with, federal 
law, including federal regulations.
	SECTION 2.  Chapter 62, Utilities Code, is repealed.                           
	SECTION 3.  This Act takes effect September 1, 2005.