| 1 | 1 | | By: Carona S.B. No. 984 |
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| 2 | 2 | | (In the Senate - Filed February 28, 2011; March 8, 2011, |
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| 3 | 3 | | read first time and referred to Committee on Business and Commerce; |
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| 4 | 4 | | March 31, 2011, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 9, Nays 0; March 31, 2011, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 984 By: Carona |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to the elimination of certain tariff filing requirements |
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| 13 | 13 | | for telecommunications providers. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Subchapter A, Chapter 52, Utilities Code, is |
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| 16 | 16 | | amended by adding Section 52.007 to read as follows: |
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| 17 | 17 | | Sec. 52.007. TARIFF REQUIREMENTS RELATING TO PROVIDERS NOT |
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| 18 | 18 | | SUBJECT TO RATE OF RETURN REGULATION. (a) This section applies |
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| 19 | 19 | | only to a telecommunications provider that is not subject to rate of |
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| 20 | 20 | | return regulation under Chapter 53. |
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| 21 | 21 | | (b) A telecommunications provider: |
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| 22 | 22 | | (1) may, but is not required to, maintain on file with |
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| 23 | 23 | | the commission tariffs, price lists, or customer service agreements |
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| 24 | 24 | | governing the terms of providing service; |
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| 25 | 25 | | (2) may make changes in its tariffs, price lists, and |
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| 26 | 26 | | customer service agreements in relation to services that are not |
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| 27 | 27 | | subject to regulation without commission approval; and |
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| 28 | 28 | | (3) may cross-reference its federal tariff in its |
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| 29 | 29 | | state tariff if the provider's intrastate switched access rates are |
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| 30 | 30 | | the same as the provider's interstate switched access rates. |
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| 31 | 31 | | (c) A telecommunications provider may withdraw a tariff, |
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| 32 | 32 | | price list, or customer service agreement not required to be filed |
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| 33 | 33 | | or maintained with the commission under this section if the |
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| 34 | 34 | | telecommunications provider: |
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| 35 | 35 | | (1) files written notice of the withdrawal with the |
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| 36 | 36 | | commission; and |
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| 37 | 37 | | (2) notifies its customers of the withdrawal and posts |
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| 38 | 38 | | the current tariffs, price lists, or generic customer service |
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| 39 | 39 | | agreements on the telecommunications provider's Internet website. |
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| 40 | 40 | | (d) The commission may not require a telecommunications |
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| 41 | 41 | | provider to withdraw a tariff, price list, or customer service |
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| 42 | 42 | | agreement. |
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| 43 | 43 | | (e) This section does not affect the authority of the |
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| 44 | 44 | | commission to regulate wholesale services, or administer or enforce |
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| 45 | 45 | | Chapter 56 or any other applicable regulation permitted or required |
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| 46 | 46 | | under this title. |
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| 47 | 47 | | SECTION 2. This Act takes effect September 1, 2011. |
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| 48 | 48 | | * * * * * |
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