AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 984 creates a new Section 52.007, Utilities Code, giving telecommunication providers the option to maintain or withdraw tariffs, price lists, and customer service agreements and make changes to those documents without PUC approval. In addition, the bill allows companies to cross reference federal tariffs if intrastate switched access rates are the same as interstate rates. Furthermore, S.B. 984 gives companies the option to withdraw tariffs if written notice is provided to PUC and rates, terms, and conditions are posted on the provider's website or provided in a written notice to customers.
As proposed, S.B. 984 amends current law relating to the elimination of certain tariff filing requirements for telecommunications providers.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter A, Chapter 52, Utilities Code, by adding Section 52.007, as follows:
Sec. 52.007. TARIFF REQUIREMENTS RELATING TO PROVIDERS NOT SUBJECT TO RATE OF RETURN REGULATION. (a) Provides that this section applies only to a telecommunications provider that is not subject to rate of return regulation under Chapter 53 (Rates).
(b) Provides that a telecommunications provider is:
(1) not required to maintain on file with the Public Utility Commission (PUC) tariffs, price lists, or customer service agreements governing the terms of providing service;
(2) authorized to make changes in its tariffs, price lists, and customer service agreements without PUC approval; and
(3) authorized to cross-reference its federal tariff in its state tariff if the provider's intrastate switched access rates are the same as the provider's interstate switched access rates.
(c) Authorizes a telecommunications provider to withdraw a tariff, price list, or customer service agreement not required to be filed or maintained with PUC under this section if the telecommunications provider:
(1) files written notice of the withdrawal with PUC; and
(2) provides written notice to its customers of the rates, terms, and conditions of the services affected by the withdrawn tariff, price list, or agreement or posts the rates, terms, and conditions on the telecommunications provider's Internet website.
(d) Provides that this section does not affect the authority of PUC to administer or enforce Chapter 56 (Telecommunications Assistance and Universal Service Fund) or any other applicable price regulation permitted or required under this title.
SECTION 2. Effective date: September 1, 2011.