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A BILL TO BE ENTITLED
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AN ACT
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relating to protecting the stand-alone residential local exchange |
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voice service rate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 65.102, Utilities Code, is amended to |
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read as follows: |
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Sec. 65.102. REQUIREMENTS. (a) A deregulated company that |
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holds a certificate of operating authority issued under this |
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subchapter is a nondominant carrier governed in the same manner as a |
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holder of a certificate of operating authority issued under Chapter |
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54, except that the deregulated company: |
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(1) retains the obligations of a provider of last |
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resort under Chapter 54; |
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(2) is subject to the following provisions in the same |
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manner as an incumbent local exchange company that is not |
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deregulated: |
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(A) Sections 54.156, 54.158, and 54.159; |
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(B) Section 55.012; and |
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(C) Chapter 60; and |
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(3) may not increase the company's rates for |
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stand-alone residential local exchange voice service until the |
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commission makes a finding that there are multiple |
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telecommunications providers offering telephone service at or |
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below the current capped rate. [before the date that the commission
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has the opportunity to revise the monthly per line support under the
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Texas High Cost Universal Service Plan pursuant to Section 56.031,
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regardless of whether the company is an electing company under
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Chapter 58.] |
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(b) In each deregulated market, a deregulated company shall |
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make available to all residential customers uniformly throughout |
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that market the same price, terms, and conditions for all basic and |
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non-basic services, consistent with any pricing flexibility |
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available to such company on or before August 31, 2005. |
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SECTION 2. Section 65.153, Utilities Code, is amended to |
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read as follows: |
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Sec. 65.153. RATE REQUIREMENTS. (a) In a market that |
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remains regulated, a transitioning company shall price the |
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company's retail services in accordance with the provisions that |
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applied to that company immediately before the date the company was |
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classified as a transitioning company. |
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(b) In a market that is deregulated, a transitioning company |
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shall price the company's retail services as follows: |
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(1) for all services, other than basic local |
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telecommunications service, at any price higher than the service's |
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long run incremental cost; and |
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(2) for basic local telecommunications service, at any |
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price higher than the lesser of the service's long run incremental |
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cost or the tariffed price on the date that market was deregulated, |
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provided that the company may not increase the company's rates for |
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stand-alone residential local exchange voice service until the |
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commission makes a finding that there are multiple |
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telecommunications providers offering telephone service at or |
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below the current capped rate. [before the date that the commission
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has the opportunity to revise the monthly per line support under the
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Texas High Cost Universal Service Plan pursuant to Section 56.031,
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regardless of whether the company is an electing company under
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Chapter 58.] |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |