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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility of certain local exchange companies for |
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support from the universal service fund for the provision of |
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broadband service. |
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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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the identification process under Section 17.007 for |
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telecommunications services; |
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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 broadband service program |
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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 BROADBAND SERVICE PROGRAM |
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Sec. 56.351. DEFINITION. For the purposes of this |
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subchapter, "broadband service" means a mass-market retail service |
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by wire or radio that provides the capability to transmit data to |
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and receive data from all or substantially all Internet endpoints. |
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The term includes any capabilities that are incidental to and |
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enable the operation of the communications service but does not |
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include dial-up Internet access service. |
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Sec. 56.352. SUPPORT FOR BROADBAND SERVICES IN RURAL AREAS. |
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(a) The commission shall provide from the universal service fund |
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financial assistance for an incumbent local exchange company to |
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build and maintain facility-based networks capable of providing |
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access to broadband service in rural areas of this state where |
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support is necessary to allow the provision of services at rates |
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comparable to the benchmark rates established by the Federal |
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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) The commission by rule shall adopt criteria for areas of |
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this state to qualify as rural areas for the purposes of this |
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subchapter. |
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Sec. 56.353. 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 |
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require a network to provide broadband service and be consistent |
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with standards established by the federal government. |
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Sec. 56.354. ACCOUNTING. The commission shall adopt rules |
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to ensure that support provided under this subchapter is calculated |
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in a manner that is consistent with standard accounting principles. |
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SECTION 3. This Act takes effect September 1, 2019. |