82R10014 JJT-D
By: Gallego H.B. No. 2841
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Public Utility Commission of Texas
to protect telecommunications network integrity from unauthorized
or uncompensated use.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 55, Utilities Code, is
amended by adding Section 55.018 to read as follows:
Sec. 55.018. PROTECTION FROM UNAUTHORIZED TRAFFIC. (a)
The commission has jurisdiction over all entities in this state as
necessary to impose requirements to ensure the integrity of
publicly switched telecommunications infrastructure in this state,
so as to prevent fraud and prevent dangers to the security of this
state.
(b) The commission by rule or order may ensure that all
telecommunications traffic that originates or terminates on, or is
directed to a destination from, any other network and is
transmitted by publicly switched telecommunications infrastructure
in this state is authorized traffic, the origination, carriage, and
termination of which is subject to proper authorization,
identification, and compensation.
(c) The commission by rule shall establish procedures to
mandate and enforce inter-carrier compensation agreements by which
all network traffic on publicly switched telecommunications
infrastructure in this state must be authorized, identified, and,
as appropriate, compensated.
(d) The commission shall require each provider of
telecommunications traffic on a publicly switched network to
transmit in the provider's signaling without alteration, where
technically feasible, all information necessary to ensure that the
traffic is properly authorized and not fraudulent.
(e) The commission, on the commission's own motion or
following a hearing held not later than the 60th day after the
commission receives a complaint about unauthorized, fraudulent, or
uncompensated traffic on publicly switched telecommunications
infrastructure in this state, shall expeditiously act by rule or
order to ensure the integrity of the infrastructure and to protect
the infrastructure from unauthorized traffic, abuse, and
fraudulent use.
(f) The commission shall impose reasonable administrative
penalties for a violation of a rule adopted or order issued under
this section. On a finding of a violation of a rule adopted or order
issued under this section, the commission by order may:
(1) in the manner the commission may impose an
administrative penalty, order a violating carrier to reimburse a
proper network owner or operator for unauthorized or fraudulent
traffic; or
(2) authorize a proper network owner or operator to
block traffic that may be unauthorized or uncompensated.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.