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A BILL TO BE ENTITLED
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AN ACT
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relating to monthly support received from the universal service |
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fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 56.032(b), (c), (d), (e), (f), and (h), |
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Utilities Code, as added by Chapter 535 (H.B. 2603), Acts of the |
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82nd Legislature, Regular Session, 2011, are amended to read as |
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follows: |
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(b) Except as provided by Subsections [(c),] (d) and[,] (e), |
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[and (f),] the commission may revise the monthly support amounts to |
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be made available from the Small and Rural Incumbent Local Exchange |
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Company Universal Service Plan by any mechanism, including support |
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reductions resulting from rate rebalancing approved by the |
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commission, [by revising the monthly per line support amounts,] |
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after notice and an opportunity for hearing. In determining |
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appropriate monthly [per line] support amounts, the commission |
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shall consider the adequacy of basic rates to support universal |
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service. |
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(c) A [On the written request of a small or rural incumbent
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local exchange] company that receives frozen monthly [per line] |
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support amounts as prescribed by a final order issued by the |
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commission in the commission's Docket No. 39643 is entitled to |
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continue to receive that monthly support until the support is |
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revised under Subsection (b)[, the commission shall disburse funds
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to the company in fixed monthly amounts based on the company's
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annualized amount of recovery for the calendar year ending on
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December 31, 2010.
A company may submit only one request under this
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subsection and must submit the request on or before December 31,
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2011]. |
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(d) For each [On the written request of a] small or rural |
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incumbent local exchange company that is not receiving frozen |
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support amounts as described by Subsection (c) and is not an |
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electing company under Chapter 58 or 59, the commission annually |
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shall set the company's monthly support amounts for the following |
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12 months by dividing by 12 the annualized support amount |
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calculated under this subsection. The commission shall calculate |
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the annualized amount: |
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(1) for the initial 12-month period for which a |
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company makes an election under this subsection, by[:
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[(A)] determining the annualized support amount |
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received by the company as of January 1, 2013 [calculated for the
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requestor in the final order issued by the commission in Docket No.
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18516; and
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[(B)
adjusting the support amount determined
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under Paragraph (A) at the beginning of each calendar year by a
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factor equal to the most recent consumer price index published at
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that time, beginning with the 1999 calendar year and ending in the
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year the company makes an election under this subsection]; and |
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(2) for [the 12-month period following the initial
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period for which a company made an election under this subsection
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and for] subsequent 12-month periods, by adjusting the most recent |
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annualized support amount calculated by the commission by a factor |
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equal to the percentage change in the consumer price index for the |
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most recent 12-month period. |
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(e) The [If a company elects to receive monthly support
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amounts under Subsection (d), the] commission, on its own motion or |
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on the written request of the company, may initiate a proceeding to |
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recalculate the most recent annualized support amount to be used as |
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the basis for adjustment for a subsequent 12-month period under |
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Subsection (d)(2). If, based on the recalculation, the commission |
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by order adjusts a company's most recent annualized support amount, |
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the adjusted support amount supersedes the annualized support |
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amount calculated in accordance with Subsection (d). |
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(f) [The commission shall administratively review requests
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filed under Subsections (c) and (d).] Except for good cause, the |
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commission shall establish monthly support amounts under |
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Subsection (d) [approve the request] not later than the 60th day |
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after the date the commission determines the company is eligible |
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[and has met all the procedural requirements under this
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subchapter]. |
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(h) Subsections (a), (c), (d), (e), and (f) [This section] |
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and any monthly support amount approved under those subsections |
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[this section] expire [on] September 1, 2015 [2013]. |
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SECTION 2. Section 3, Chapter 535 (H.B. 2603), Acts of the |
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82nd Legislature, Regular Session, 2011, which amended Section |
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56.031, Utilities Code, is repealed. |
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SECTION 3. This Act takes effect August 31, 2013. |