82R5546 JXC-D
By: Carona S.B. No. 985
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of Voice over Internet Protocol service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 rights-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 3. This Act takes effect September 1, 2011.