By: Dutton H.B. No. 2344

Substitute the following for H.B. No. 2344:

By: King of Parker C.S.H.B. No. 2344

A BILL TO BE ENTITLED

AN ACT

relating to the access charges of certain telecommunications utilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 52.155(a), Utilities Code, is amended to read as follows:

(a) A telecommunications utility that holds a certificate of operating authority or a service provider certificate of operating authority may not charge a higher amount for originating or terminating intrastate switched access than the prevailing rates charged by the holder of the certificate of convenience and necessity or the holder of a certificate of operating authority issued under Chapter 65 in whose territory the call originated or terminated unless:

(1) the commission specifically approves the higher rate; or

(2) subject to commission review, the telecommunications utility establishes statewide average composite originating and terminating intrastate switched access rates based on a reasonable approximation of traffic originating and terminating between all holders of certificates of convenience and necessity in this state; or

(3) for all access customers other than the holder of the certificate of convenience and necessity in whose territory the charge is incurred, and any affiliates thereof, the telecommunications utility shall not charge more than the highest rates charged by holders of certificates of convenience and necessity that have comparable numbers of access lines in this state, except that all switched access traffic exchanged with the holder of a certificate of convenience and necessity, and any affiliates thereof, will be charged rates mirroring that holder's then prevailing intrastate switched access rates.

SECTION 2. This Act takes effect September 1, 2007.