Texas 2009 - 81st Regular

Texas House Bill HB3970 Compare Versions

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1	1	By: Dunnam H.B. No. 3970
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the authority to seek and the provision of service under
7	7	a state-issued cable or video franchise.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 66.004, Utilities Code, is amended by
10	10	amending Subsections (a) and (c) to read as follows:
11	11	(a) Beginning September 1, 2009, a [A] cable service
12	12	provider or a video service provider that currently has or had
13	13	previously received a franchise to provide cable service or video
14	14	service with respect to such municipalities may elect to terminate
15	15	that municipal franchise and seek a state-issued certificate of
16	16	franchise authority by providing written notice to the commission
17	17	and the affected municipality before January 1, 2010. The
18	18	municipal franchise is terminated on the date the commission issues
19	19	the state-issued certificate of franchise authority [is not
20	20	eligible to seek a state-issued certificate of franchise authority
21	21	under this chapter as to those municipalities until the expiration
22	22	date of the existing franchise agreement, except as provided by
23	23	Subsections (b) and (c)].
24	24	(c) A cable service provider that [serves fewer than 40
25	25	percent of the total cable customers in a municipal franchise area
26	26	and that] elects under Subsection (a) or (b) to terminate an
27	27	existing municipal franchise is responsible for remitting to the
28	28	affected municipality before the 91st day after the date the
29	29	municipal franchise is terminated any accrued but unpaid franchise
30	30	fees due under the terminated franchise. If the cable service
31	31	provider has credit remaining from prepaid franchise fees, the
32	32	provider may deduct the amount of the remaining credit from any
33	33	future fees or taxes it must pay to the municipality, either
34	34	directly or through the comptroller.
35	35	SECTION 2. Section 66.014, Utilities Code, is amended to
36	36	read as follows:
37	37	Sec. 66.014. DISCRIMINATION PROHIBITED. (a) The purpose
38	38	of this section is to prevent discrimination among potential
39	39	residential subscribers.
40	40	(b) A cable service provider or video service provider that
41	41	has been granted a state-issued certificate of franchise authority
42	42	may not deny access to service to any group of potential residential
43	43	subscribers in its video service area because of the race or income
44	44	of the residents in the local area in which such group resides.
45	45	(c) An affected person may seek enforcement of the
46	46	requirements described by Subsection (b) by initiating a proceeding
47	47	with the commission. A municipality within which the potential
48	48	residential cable service or video service subscribers referenced
49	49	in Subsection (b) may be considered an affected person for purposes
50	50	of this section.
51	51	(d) In a proceeding described by Subsection (c), the
52	52	commission may not order enforcement of the requirements described
53	53	by Subsection (b) if the cable service provider or video service
54	54	provider demonstrates that:
55	55	(1) three years after the date the cable service
56	56	provider or video service provider began providing cable service or
57	57	video service in its video service area, at least 40 percent of the
58	58	households with access to the cable service provider's or video
59	59	service provider's service are low-income households; or
60	60	(2) five years after the date the cable service
61	61	provider or video service provider began providing cable service or
62	62	video service in its video service area and each year thereafter, at
63	63	least 50 percent of the households with access to the cable service
64	64	provider's or video service provider's service are low-income
65	65	households [The holder of a state-issued certificate of franchise
66	66	authority shall have a reasonable period of time to become capable
67	67	of providing cable service or video service to all households
68	68	within the designated franchise area as defined in Section
69	69	66.003(b)(4) and may satisfy the requirements of this section
70	70	through the use of an alternative technology that provides
71	71	comparable content, service, and functionality].
72	72	(e) At the end of the first, third, fifth, and tenth years
73	73	after the issuance of a state-issued certificate of franchise
74	74	authority, the holder of a state-issued certificate of franchise
75	75	authority shall provide the commission with evidence certifying
76	76	compliance with Subsection (b) [Notwithstanding any provision of
77	77	this chapter, the commission has the authority to make the
78	78	determination regarding the comparability of the technology and the
79	79	service provided]. Notwithstanding any provision of this chapter,
80	80	the commission has the authority to monitor the deployment of cable
81	81	services, video services, or alternate technology.
82	82	SECTION 3. Section 66.007, Utilities Code, is repealed.
83	83	SECTION 4. This Act takes effect September 1, 2009.