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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 a broadband connection from the |
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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) The commission may not require a telecommunications |
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utility that is not a public utility, including a deregulated or |
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transitioning company, to comply with a requirement or standard |
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that is more burdensome than a requirement or standard the |
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commission imposes on a public utility. |
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(d) 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 requirements pertaining to use of a |
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right-of-way or payment of right-of-way fees applicable to Voice |
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over Internet Protocol services under Chapter 283, Local Government |
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Code; |
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(2) affect any person's obligation to provide video or |
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cable service, as defined under applicable state or federal law; |
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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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(4) affect any entity's obligations under Sections 251 |
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and 252, Communications Act of 1934 (47 U.S.C. Sections 251 and |
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252), or a right granted to an entity by those sections; |
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(5) affect any applicable wholesale tariff; |
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(6) grant, modify, or affect the authority of the |
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commission to implement, carry out, or enforce the rights or |
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obligations provided by Sections 251 and 252, Communications Act of |
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1934 (47 U.S.C. Sections 251 and 252), or of an applicable wholesale |
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tariff through arbitration proceedings or other available |
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mechanisms and procedures; |
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(7) require or prohibit payment of switched network |
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access rates or other intercarrier compensation rates, as |
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applicable; |
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(8) limit any commission authority over the subjects |
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listed in Subdivisions (1)-(7) or grant the commission any |
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authority over those subjects; or |
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(9) affect the assessment or collection of a tax or fee |
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over which the comptroller has authority. |
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SECTION 3. This Act takes effect September 1, 2011. |
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