82R8552 JXC-D
By: Hancock H.B. No. 2620
A BILL TO BE ENTITLED
AN ACT
relating to communications services and markets.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 51.001(a) and (g), Utilities Code, are
amended to read as follows:
(a) Significant changes have occurred in telecommunications
since the law from which this title is derived was originally
adopted. Communications providers not subject to state regulation,
such as wireless communications providers and Voice over Internet
Protocol providers, have made investments in this state and
broadened the range of communications choices available to
consumers. To encourage and accelerate the development of a
competitive and advanced telecommunications environment and
infrastructure, [new] rules, policies, and principles must be
reformulated [formulated and applied] to reduce regulation of
incumbent local exchange companies, ensure fair business
practices, and protect the public interest. [Changes in technology
and market structure have increased the need for minimum standards
of service quality, customer service, and fair business practices
to ensure high-quality service to customers and a healthy
marketplace where competition is permitted by law. It is the
purpose of this subtitle to grant the commission authority to make
and enforce rules necessary to protect customers of
telecommunications services consistent with the public interest.]
(g) It is the policy of this state to ensure that customers
in all regions of this state, including low-income customers and
customers in rural and high cost areas, have access to
telecommunications and information services, including
interexchange services, cable services, wireless services, and
advanced telecommunications and information services, that are
reasonably comparable to those services provided in urban areas and
that are available at prices that are reasonably comparable to
prices charged for similar services in urban areas. [Not later than
November 1, 1999, the commission shall begin a review and
evaluation of the availability and the pricing of
telecommunications and information services, including
interexchange services, cable services, wireless services, and
advanced telecommunications and information services, in rural and
high cost areas, as well as the convergence of telecommunications
services. The commission shall file a report with the legislature
not later than January 1, 2001. The report must include the
commission's recommendations on the issues reviewed and
evaluated.]
SECTION 2. Section 51.002, Utilities Code, is amended by
adding Subdivisions (3-a) and (13) to read as follows:
(3-a) "Internet Protocol enabled service" means a
service, capability, functionality, or application that uses
Internet Protocol or a successor protocol to allow an end user to
send or receive a data, video, or voice communication in Internet
Protocol or a successor protocol.
(13) "Voice over Internet Protocol service" means a
service that:
(A) uses Internet Protocol or a successor
protocol to enable a real-time, two-way voice communication that
originates from or terminates to the user's location in Internet
Protocol or a successor protocol;
(B) requires the use of a broadband connection
from the user's location; and
(C) permits a user generally to receive a call
that originates on the public switched telephone network and to
terminate a call to the public switched telephone network.
SECTION 3. Section 52.002, Utilities Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) Notwithstanding any other law, a department, agency, or
political subdivision of this state may not by rule, order, or other
means directly or indirectly regulate rates charged for, service or
contract terms for, conditions for, or requirements for entry into
the market for Voice over Internet Protocol services or other
Internet Protocol enabled services. This subsection does not:
(1) affect payment of right-of-way fees applicable to
Voice over Internet Protocol services under Chapter 283, Local
Government Code;
(2) affect any person's obligation to provide video
service, as defined by Section 66.002, under any applicable state
or federal law; or
(3) require or prohibit assessment of enhanced 9-1-1,
relay access service, or universal service fund fees on Voice over
Internet Protocol service.
(d) Payment of switched access rates or other intercarrier
compensation rates, as applicable, with respect to Voice over
Internet Protocol services or other Internet Protocol enabled
services, shall be as determined through commercial agreements or
by the Federal Communications Commission.
SECTION 4. Subchapter A, Chapter 52, Utilities Code, is
amended by adding Section 52.007 to read as follows:
Sec. 52.007. TARIFF REQUIREMENTS RELATING TO PROVIDERS NOT
SUBJECT TO RATE OF RETURN REGULATION. (a) This section applies only
to a telecommunications provider that is not subject to rate of
return regulation under Chapter 53.
(b) A telecommunications provider:
(1) is not required to maintain on file with the
commission tariffs, price lists, or customer service agreements
governing the terms of providing service;
(2) may make changes in its tariffs, price lists, and
customer service agreements without commission approval; and
(3) may cross-reference its federal tariff in its
state tariff if the provider's intrastate switched access rates are
the same as the provider's interstate switched access rates.
(c) A telecommunications provider may withdraw a tariff,
price list, or customer service agreement not required to be filed
or maintained with the commission under this section if the
telecommunications provider:
(1) files written notice of the withdrawal with the
commission; and
(2) provides written notice to its customers of the
rates, terms, and conditions of the services affected by the
withdrawn tariff, price list, or agreement or posts the rates,
terms, and conditions on the telecommunications provider's
Internet website.
(d) This section does not affect the authority of the
commission to administer or enforce Chapter 56 or any other
applicable price regulation permitted or required under this title.
SECTION 5. Section 52.056, Utilities Code, is amended to
read as follows:
Sec. 52.056. SPECIFICALLY AUTHORIZED REGULATORY
TREATMENTS. The regulatory treatments the commission may implement
under Section 52.054 include:
(1) approval of a range of rates for a specific
service; and
(2) [approval of a customer-specific contract for a
specific service; and
[(3)] the detariffing of rates.
SECTION 6. Subchapter B, Chapter 55, Utilities Code, is
amended by adding Section 55.026 to read as follows:
Sec. 55.026. NEW ORDERS PROHIBITED AFTER CERTAIN DATE. On
or after September 1, 2011, the commission may not order a
telecommunications provider to provide mandatory or optional
extended area service to additional metropolitan areas or calling
areas.
SECTION 7. Subchapter C, Chapter 55, Utilities Code, is
amended by adding Section 55.049 to read as follows:
Sec. 55.049. EXPANSION PROHIBITED AFTER CERTAIN DATE. On
or after September 1, 2011, the commission may not order an
expansion of a toll-free local calling area.
SECTION 8. Section 58.255(c), Utilities Code, is amended to
read as follows:
(c) [Each contract shall be filed with the commission.]
Commission approval of a contract is not required.
SECTION 9. Section 59.074(c), Utilities Code, is amended to
read as follows:
(c) [Each contract shall be filed with the commission.]
Commission approval of a contract is not required.
SECTION 10. Section 65.102, Utilities Code, is amended by
adding Subsection (c) to read as follows:
(c) A deregulated company may not be required to:
(1) comply with retail quality of service standards or
reporting requirements; or
(2) file an earnings report with the commission.
SECTION 11. Section 65.152, Utilities Code, is amended to
read as follows:
Sec. 65.152. GENERAL REQUIREMENTS. (a) A transitioning
company may:
(1) exercise pricing flexibility in a market subject
only to the price and rate standards prescribed by [in the manner
provided by] Section 58.063 [one day after providing an
informational notice as required by that section]; and
(2) introduce a new service in a market subject only to
the price and rate standards prescribed by [in the manner provided
by] Section 58.153 [one day after providing an informational notice
as required by that section].
(b) A transitioning company may not be required to:
(1) comply with [exchange-specific] retail quality of
service standards or reporting requirements in a market that is
deregulated; or
(2) file an earnings report with the commission.
SECTION 12. Sections 52.057 and 53.065(b), Utilities Code,
are repealed.
SECTION 13. This Act takes effect September 1, 2011.