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A BILL TO BE ENTITLED
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AN ACT
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relating to deregulation of certain telecommunications markets and |
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companies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 65.051, Utilities Code, is amended to |
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read as follows: |
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Sec. 65.051. MARKETS DEREGULATED. A market that is |
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deregulated as of September 1, 2011, shall remain deregulated. |
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Notwithstanding any other provision of this title, the commission |
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may not reregulate a market or company that has been deregulated. |
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[(a) Except as provided by Subsection (b), all markets of all
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incumbent local exchange companies are deregulated on January 1,
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2006, unless the commission determines under Section 65.052(a) that
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a market or markets should remain regulated.
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[(b)
A market of an incumbent local exchange company in
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which the population in the area included in the market is less than
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30,000 is deregulated on January 1, 2007, unless the commission
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determines under Section 65.052(f) that the market should remain
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regulated.] |
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SECTION 2. Sections 65.052(a), (b), and (c), Utilities |
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Code, are amended to read as follows: |
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(a) An incumbent local exchange company may petition the |
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commission to deregulate a market of the company that the |
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commission previously determined should remain regulated. |
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Notwithstanding any other provision of this title, only the |
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incumbent local exchange company may initiate a proceeding to |
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deregulate one of the company's markets. Not later than the 90th day |
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after the date the commission receives the petition, [Except as
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provided by Subsection (f),] the commission shall: |
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(1) determine whether the regulated [each] market [of
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an incumbent local exchange company] should remain regulated [on
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and after January 1, 2006]; and |
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(2) issue a final order classifying the market |
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[company] in accordance with this section [effective January 1,
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2006]. |
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(b) In making a determination under Subsection (a), the |
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commission may not determine that a market should remain regulated |
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if: |
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(1) the population in the area included in the market |
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is at least 100,000; or |
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(2) the population in the area included in the market |
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is [at least 30,000 but] less than 100,000 and, in addition to the |
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incumbent local exchange company, there are at least two |
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competitors operating in all or part of the market that [three
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competitors of which]: |
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(A) are unaffiliated with the incumbent local |
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exchange company [at least one is a telecommunications provider
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that holds a certificate of operating authority or service provider
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certificate of operating authority and provides residential local
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exchange telephone service in the market]; and |
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(B) provide voice communications service without |
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regard to the delivery technology, including through: |
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(i) Internet Protocol or a successor |
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protocol; |
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(ii) satellite; or |
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(iii) a technology used by a wireless |
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provider or a commercial mobile service provider, as that term is |
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defined by Section 64.201 [at least one is an entity providing
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residential telephone service in the market using facilities that
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the entity or its affiliate owns; and
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[(C)
at least one is a provider in that market of
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commercial mobile service as defined by Section 332(d),
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Communications Act of 1934 (47 U.S.C. Section 151 et seq.), Federal
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Communications Commission rules, and the Omnibus Budget
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Reconciliation Act of 1993 (Pub. L. No. 103-66), that is not
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affiliated with the incumbent local exchange company]. |
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(c) If the commission deregulates a market under this |
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section and the deregulation results in a regulated or |
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transitioning company no longer meeting the definition of a |
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regulated or transitioning company, the commission shall issue an |
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order reclassifying the company as a transitioning company or |
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deregulated company, as those terms are defined by Section 65.002. |
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[The commission shall issue an order classifying an incumbent local
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exchange company as a deregulated company that is subject to
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Subchapter C if:
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[(1)
the company does not have any markets in which the
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population in the area included in the market is less than 30,000;
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and
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[(2)
the commission does not determine that a market
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of the company should remain regulated on and after January 1,
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2006.] |
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SECTION 3. Sections 65.052(d), (e), and (f), 65.054, and |
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65.055, Utilities Code, are repealed. |
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SECTION 4. This Act takes effect September 1, 2011. |