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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility of certain rural companies for support from |
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the universal service fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 56.021, Utilities Code, is amended to |
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read as follows: |
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Sec. 56.021. UNIVERSAL SERVICE FUND ESTABLISHED. The |
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commission shall adopt and enforce rules requiring local exchange |
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companies to establish a universal service fund to: |
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(1) assist telecommunications providers in providing |
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basic local telecommunications service at reasonable rates in high |
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cost rural areas under two plans: |
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(A) the Texas High Cost Universal Service Plan |
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(16 T.A.C. Section 26.403); and |
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(B) the Small and Rural Incumbent Local Exchange |
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Company Universal Service Plan (16 T.A.C. Section 26.404); |
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(2) reimburse the telecommunications carrier that |
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provides the statewide telecommunications relay access service |
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under Subchapter D; |
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(3) finance the specialized telecommunications |
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assistance program established under Subchapter E; |
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(4) reimburse the department and the commission for |
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costs incurred in implementing this chapter and Chapter 57; |
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(5) reimburse a telecommunications carrier providing |
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lifeline service as provided by 47 C.F.R. Part 54, Subpart E, as |
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amended; |
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(6) finance the implementation and administration of |
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an integrated eligibility process created under Section 17.007 for |
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customer service discounts relating to telecommunications |
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services, including outreach expenses the commission determines |
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are reasonable and necessary; |
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(7) reimburse a designated provider under Subchapter |
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F; |
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(8) reimburse a successor utility under Subchapter G; |
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[and] |
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(9) finance the program established under Subchapter |
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H; and |
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(10) finance the rural basic and broadband service |
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program established under Subchapter I. |
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SECTION 2. Chapter 56, Utilities Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. RURAL BASIC AND BROADBAND SERVICE PROGRAM |
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Sec. 56.351. SUPPORT FOR BASIC AND BROADBAND SERVICES IN |
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RURAL AREAS. (a) The commission shall provide from the universal |
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service fund financial assistance for a telecommunications |
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provider that holds a certificate of operating authority or a |
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service provider certificate of operating authority to build and |
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maintain facility-based networks capable of providing access to |
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basic local telecommunications service and broadband service in |
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rural areas of this state where: |
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(1) an incumbent local exchange company no longer |
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seeks support for a particular exchange; and |
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(2) support is necessary to allow the provision of |
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services at rates comparable to the benchmark rates established by |
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the Federal Communications Commission. |
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(b) Support received under this subchapter may not be used |
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for a purpose other than a purpose described by Subsection (a). |
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(c) In an area where an incumbent local exchange company |
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provides service and seeks support from the universal service fund, |
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telecommunications providers eligible to receive support under |
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this subchapter will continue to receive per-line support identical |
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to the support received by the incumbent local exchange company. |
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Sec. 56.352. NETWORK STANDARDS. The commission by rule |
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shall establish standards for networks built or maintained using |
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support disbursed under this subchapter. The standards must require |
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a network to provide basic local telecommunications service and |
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broadband service and be consistent with standards established by |
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the federal government. |
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Sec. 56.353. SUPPORT LEVEL. (a) The commission shall adopt |
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rules to ensure that support provided under this subchapter is |
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calculated in a manner that is consistent with standard accounting |
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principles. |
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(b) Until the commission determines the level of support |
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necessary to allow a telecommunications provider eligible to |
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receive support under this subchapter to fulfill the requirements |
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of this subchapter: |
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(1) on or before September 1, 2017, the provider is |
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entitled to receive at least the level of support the provider is |
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entitled to receive on the date the provider requests support from |
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the commission; and |
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(2) after September 1, 2017, the provider is entitled |
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to receive at least the level of support the provider is entitled to |
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receive under commission rules effective on September 1, 2017. |
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SECTION 3. This Act takes effect September 1, 2015. |