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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of Voice over Internet Protocol service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 2. 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 rights-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 3. This Act takes effect September 1, 2011. |