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A BILL TO BE ENTITLED
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AN ACT
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relating to communications services and markets. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 51.001(a) and (g), Utilities Code, are |
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amended to read as follows: |
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(a) Significant changes have occurred in telecommunications |
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since the law from which this title is derived was originally |
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adopted. Communications providers not subject to state regulation, |
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such as wireless communications providers and Voice over Internet |
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Protocol providers, have made investments in this state and |
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broadened the range of communications choices available to |
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consumers. To encourage and accelerate the development of a |
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competitive and advanced telecommunications environment and |
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infrastructure, [new] rules, policies, and principles must be |
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reformulated [formulated and applied] to reduce regulation of |
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incumbent local exchange companies, ensure fair business |
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practices, and protect the public interest. [Changes in technology
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and market structure have increased the need for minimum standards
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of service quality, customer service, and fair business practices
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to ensure high-quality service to customers and a healthy
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marketplace where competition is permitted by law. It is the
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purpose of this subtitle to grant the commission authority to make
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and enforce rules necessary to protect customers of
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telecommunications services consistent with the public interest.] |
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(g) It is the policy of this state to ensure that customers |
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in all regions of this state, including low-income customers and |
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customers in rural and high cost areas, have access to |
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telecommunications and information services, including |
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interexchange services, cable services, wireless services, and |
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advanced telecommunications and information services, that are |
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reasonably comparable to those services provided in urban areas and |
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that are available at prices that are reasonably comparable to |
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prices charged for similar services in urban areas. [Not later than
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November 1, 1999, the commission shall begin a review and
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evaluation of the availability and the pricing of
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telecommunications and information services, including
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interexchange services, cable services, wireless services, and
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advanced telecommunications and information services, in rural and
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high cost areas, as well as the convergence of telecommunications
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services. The commission shall file a report with the legislature
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not later than January 1, 2001. The report must include the
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commission's recommendations on the issues reviewed and
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evaluated.] |
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SECTION 2. Section 51.002, Utilities Code, is amended by |
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adding Subdivisions (3-a) and (13) to read as follows: |
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(3-a) "Internet Protocol enabled service" means a |
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service, capability, functionality, or application that uses |
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Internet Protocol or a successor protocol to allow an end user to |
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send or receive a data, video, or voice communication in Internet |
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Protocol or a successor protocol. |
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(13) "Voice over Internet Protocol service" means a |
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service that: |
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(A) uses Internet Protocol or a successor |
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protocol to enable a real-time, two-way voice communication that |
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originates from or terminates to the user's location in Internet |
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Protocol or a successor protocol; |
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(B) requires the use of a broadband connection |
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from the user's location; and |
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(C) permits a user generally to receive a call |
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that originates on the public switched telephone network and to |
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terminate a call to the public switched telephone network. |
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SECTION 3. Section 52.002, Utilities Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) Notwithstanding any other law, a department, agency, or |
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political subdivision of this state may not by rule, order, or other |
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means directly or indirectly regulate rates charged for, service or |
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contract terms for, conditions for, or requirements for entry into |
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the market for Voice over Internet Protocol services or other |
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Internet Protocol enabled services. This subsection does not: |
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(1) affect payment of right-of-way fees applicable to |
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Voice over Internet Protocol services under Chapter 283, Local |
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Government Code; |
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(2) affect any person's obligation to provide video |
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service, as defined by Section 66.002, under any applicable state |
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or federal law; or |
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(3) require or prohibit assessment of enhanced 9-1-1, |
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relay access service, or universal service fund fees on Voice over |
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Internet Protocol service. |
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(d) Payment of switched access rates or other intercarrier |
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compensation rates, as applicable, with respect to Voice over |
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Internet Protocol services or other Internet Protocol enabled |
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services, shall be as determined through commercial agreements or |
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by the Federal Communications Commission. |
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SECTION 4. Subchapter A, Chapter 52, Utilities Code, is |
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amended by adding Section 52.007 to read as follows: |
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Sec. 52.007. TARIFF REQUIREMENTS RELATING TO PROVIDERS NOT |
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SUBJECT TO RATE OF RETURN REGULATION. (a) This section applies only |
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to a telecommunications provider that is not subject to rate of |
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return regulation under Chapter 53. |
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(b) A telecommunications provider: |
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(1) is not required to maintain on file with the |
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commission tariffs, price lists, or customer service agreements |
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governing the terms of providing service; |
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(2) may make changes in its tariffs, price lists, and |
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customer service agreements without commission approval; and |
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(3) may cross-reference its federal tariff in its |
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state tariff if the provider's intrastate switched access rates are |
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the same as the provider's interstate switched access rates. |
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(c) A telecommunications provider may withdraw a tariff, |
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price list, or customer service agreement not required to be filed |
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or maintained with the commission under this section if the |
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telecommunications provider: |
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(1) files written notice of the withdrawal with the |
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commission; and |
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(2) provides written notice to its customers of the |
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rates, terms, and conditions of the services affected by the |
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withdrawn tariff, price list, or agreement or posts the rates, |
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terms, and conditions on the telecommunications provider's |
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Internet website. |
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(d) This section does not affect the authority of the |
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commission to administer or enforce Chapter 56 or any other |
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applicable price regulation permitted or required under this title. |
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SECTION 5. Section 52.056, Utilities Code, is amended to |
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read as follows: |
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Sec. 52.056. SPECIFICALLY AUTHORIZED REGULATORY |
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TREATMENTS. The regulatory treatments the commission may implement |
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under Section 52.054 include: |
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(1) approval of a range of rates for a specific |
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service; and |
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(2) [approval of a customer-specific contract for a
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specific service; and
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[(3)] the detariffing of rates. |
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SECTION 6. Subchapter B, Chapter 55, Utilities Code, is |
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amended by adding Section 55.026 to read as follows: |
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Sec. 55.026. NEW ORDERS PROHIBITED AFTER CERTAIN DATE. On |
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or after September 1, 2011, the commission may not order a |
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telecommunications provider to provide mandatory or optional |
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extended area service to additional metropolitan areas or calling |
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areas. |
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SECTION 7. Subchapter C, Chapter 55, Utilities Code, is |
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amended by adding Section 55.049 to read as follows: |
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Sec. 55.049. EXPANSION PROHIBITED AFTER CERTAIN DATE. On |
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or after September 1, 2011, the commission may not order an |
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expansion of a toll-free local calling area. |
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SECTION 8. Section 58.255(c), Utilities Code, is amended to |
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read as follows: |
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(c) [Each contract shall be filed with the commission.] |
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Commission approval of a contract is not required. |
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SECTION 9. Section 59.074(c), Utilities Code, is amended to |
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read as follows: |
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(c) [Each contract shall be filed with the commission.] |
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Commission approval of a contract is not required. |
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SECTION 10. Section 65.102, Utilities Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A deregulated company may not be required to: |
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(1) comply with retail quality of service standards or |
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reporting requirements; or |
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(2) file an earnings report with the commission. |
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SECTION 11. Section 65.152, Utilities Code, is amended to |
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read as follows: |
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Sec. 65.152. GENERAL REQUIREMENTS. (a) A transitioning |
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company may: |
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(1) exercise pricing flexibility in a market subject |
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only to the price and rate standards prescribed by [in the manner
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provided by] Section 58.063 [one day after providing an
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informational notice as required by that section]; and |
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(2) introduce a new service in a market subject only to |
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the price and rate standards prescribed by [in the manner provided
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by] Section 58.153 [one day after providing an informational notice
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as required by that section]. |
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(b) A transitioning company may not be required to: |
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(1) comply with [exchange-specific] retail quality of |
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service standards or reporting requirements in a market that is |
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deregulated; or |
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(2) file an earnings report with the commission. |
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SECTION 12. Sections 52.057 and 53.065(b), Utilities Code, |
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are repealed. |
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SECTION 13. This Act takes effect September 1, 2011. |