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A BILL TO BE ENTITLED
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AN ACT
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relating to universal service fund assistance to high cost rural |
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areas and the uniform charge that funds the universal service fund; |
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authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.002(10), Utilities Code, is amended |
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to read as follows: |
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(10) "Telecommunications provider": |
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(A) means: |
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(i) a certificated telecommunications |
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utility; |
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(ii) a shared tenant service provider; |
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(iii) a nondominant carrier of |
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telecommunications services; |
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(iv) a provider of commercial mobile |
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service as defined by Section 332(d), Communications Act of 1934 |
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(47 U.S.C. Section 151 et seq.), Federal Communications Commission |
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rules, and the Omnibus Budget Reconciliation Act of 1993 (Public |
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Law 103-66), except that the term does not include these entities |
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for the purposes of Chapter 17, 55, or 64; |
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(v) a telecommunications entity that |
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provides central office based PBX-type sharing or resale |
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arrangements; |
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(vi) an interexchange telecommunications |
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carrier; |
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(vii) a specialized common carrier; |
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(viii) a reseller of communications; |
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(ix) a provider of operator services; |
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(x) a provider of customer-owned pay |
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telephone service; [or] |
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(xi) a provider of Voice over Internet |
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Protocol service; or |
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(xii) a person or entity determined by the |
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commission to provide telecommunications services to customers in |
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this state; and |
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(B) does not mean: |
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(i) a provider of enhanced or information |
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services, or another user of telecommunications services, who does |
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not also provide telecommunications services; or |
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(ii) a state agency or state institution of |
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higher education, or a service provided by a state agency or state |
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institution of higher education. |
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SECTION 2. Section 56.001, Utilities Code, is amended by |
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adding Subdivision (3) to read as follows: |
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(3) "High cost rural area" means an area: |
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(A) served by a small provider as defined by |
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Section 56.032; or |
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(B) served by a local exchange company that |
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receives support under the Texas High Cost Universal Service Plan |
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(16 T.A.C. Section 26.403) or the Small and Rural Incumbent Local |
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Exchange Company Universal Service Plan (16 T.A.C. Section 26.404) |
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and in which: |
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(i) the population has not since increased |
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by more than 100 percent since the year 2000; and |
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(ii) there are less than 30 customers per |
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route mile of plant in service. |
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SECTION 3. Section 56.022(c), Utilities Code, is amended to |
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read as follows: |
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(c) The uniform charge is on services and at rates the |
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commission determines and may be in the form of a fee or an |
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assessment on revenues. In establishing the charge and the |
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services to which the charge will apply, the commission may not: |
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(1) grant an unreasonable preference or advantage to a |
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telecommunications provider; |
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(2) assess the charge on pay telephone service; [or] |
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(3) subject a telecommunications provider to |
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unreasonable prejudice or disadvantage; or |
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(4) assess the charge in a manner that is not |
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technology neutral or grants an unreasonable preference based on |
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technology. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |