83R3386 RWG-F

By: Carona S.B. No. 259

A BILL TO BE ENTITLED

AN ACT

relating to telecommunications services and markets.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 52.007, Utilities Code, is amended by adding Subsections (d-1) and (d-2) to read as follows:

(d-1) The commission may not require a nondominant carrier to obtain advance approval for a filing with the commission or a posting on the nondominant carrier's Internet website that adds, modifies, withdraws, or grandfathers a retail service or the service's rates, terms, or conditions.

(d-2) In this subsection, "deregulated company" and "transitioning company" have the meanings assigned by Section 65.002. The commission may not require a deregulated company or transitioning company to obtain advance approval for a filing with the commission or a posting on the company's Internet website that adds, modifies, withdraws, or grandfathers:

(1) a nonbasic retail service or the service's rates, terms, or conditions; or

(2) a basic network service for a market that has been deregulated or the service's rates, terms, or conditions.

SECTION 2. Section 52.154, Utilities Code, is amended to read as follows:

Sec. 52.154. COMMISSION MAY NOT OVERBURDEN. The commission may not, by a rule or regulatory practice adopted under this chapter, impose on a telecommunications utility a greater regulatory burden than is imposed on a holder of a certificate of convenience and necessity serving the same area or a deregulated company, as defined by Section 65.002, that holds a certificate of operating authority serving the same area.

SECTION 3. Subchapter A, Chapter 55, Utilities Code, is amended by adding Section 55.018 to read as follows:

Sec. 55.018. APPLICABILITY TO ELECTING OR TRANSITIONING COMPANY. Sections 55.001, 55.002, 55.003, and 55.004 do not apply to nonbasic services offered by an electing company, as defined by Section 58.002, or by a transitioning company, as defined by Section 65.002.

SECTION 4. Section 65.101, Utilities Code, is amended by adding Subsection (c) to read as follows:

(c) A deregulated company that holds a certificate of operating authority is a nondominant carrier.

SECTION 5. Section 65.102, Utilities Code, is amended to read as follows:

Sec. 65.102. REQUIREMENTS. (a) A deregulated company that holds a certificate of operating authority issued under this subchapter[:

[(1) is a nondominant carrier governed in the same manner as a holder of a certificate of operating authority issued under Chapter 54;

[(2)] is not required to:

(1) [(A)] fulfill the obligations of a provider of last resort;

(2) [(B)] comply with retail quality of service standards or reporting requirements;

(3) [(C)] file an earnings report with the commission unless the company is receiving support from the Texas High Cost Universal Service Plan; or

(4) [(D)] comply with a pricing requirement other than a requirement prescribed by this subchapter[; and

[(3) is subject to the following provisions in the same manner as an incumbent local exchange company that is not deregulated:

[(A) Sections 54.156, 54.158, and 54.159;

[(B) Section 55.012; and

[(C) Chapter 60].

(b) Notwithstanding any other provision of this title, the commission has only the authority provided by this section over a deregulated company that holds a certificate of operating authority issued under this subchapter. The commission may enforce:

(1) this subchapter using the remedies provided by Subchapter B, Chapter 15;

(2) Section 52.007;

(3) Sections 54.105, 54.156, 54.158, 54.159, 54.255, 54.256, 54.257, 54.259, 54.260, and 54.261;

(4) Sections 55.015, 55.123, 55.133, and 55.136;

(5) Chapter 56, except Subchapters F and G;

(6) Chapter 60, except Sections 60.001 and 60.101;

(7) Chapter 62;

(8) Subchapter E, Chapter 64;

(9) Subchapter E, Chapter 65; and

(10) Chapter 66.

(c) The commission's authority in this subchapter is subject to:

(1) Sections 51.003 and 51.010(c);

(2) Section 52.002(d);

(3) Sections 54.003, 54.204, 54.205, and 54.206; and

(4) Section 65.051. [Except as provided by Subsection (c), in each deregulated market, a deregulated company shall make available to all residential customers uniformly throughout that market the same price, terms, and conditions for all basic and non-basic services, consistent with any pricing flexibility available to such company.

[(c) A deregulated company may offer to an individual residential customer a promotional offer that is not available uniformly throughout the market if the company makes the offer through a medium other than direct mail or mass electronic media and the offer is intended to retain or obtain a customer.]

SECTION 6. Section 65.154(a), Utilities Code, is amended to read as follows:

(a) A transitioning company is not required to comply with the following requirements prescribed by this title on submission of a written notice to the commission:

(1) a direct or indirect requirement to price a [residential] service at, above, or according to the long-run incremental cost of the service or to otherwise use long-run incremental cost in establishing prices for [residential] services; or

(2) a requirement to file with the commission a long-run incremental cost study for residential or business services.

SECTION 7. Section 65.155, Utilities Code, is amended to read as follows:

Sec. 65.155. COMPLAINT BY AFFECTED PERSON. [(a)] An affected person may file a complaint at the commission challenging whether a transitioning company is complying with Section 65.154(b).

[(b) Notwithstanding Section 65.154(a)(2), the commission may require a transitioning company to submit a long-run incremental cost study for a business service that is the subject of a complaint submitted under Subsection (a).]

SECTION 8. The following provisions of the Utilities Code are repealed:

(1) Section 55.012; and

(2) Sections 65.153(c) and (c-1).

SECTION 9. This Act takes effect September 1, 2013.