83R3386 RWG-F
By: Carona S.B. No. 259
A BILL TO BE ENTITLED
AN ACT
relating to telecommunications services and markets.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 52.007, Utilities Code, is amended by
adding Subsections (d-1) and (d-2) to read as follows:
(d-1) The commission may not require a nondominant carrier
to obtain advance approval for a filing with the commission or a
posting on the nondominant carrier's Internet website that adds,
modifies, withdraws, or grandfathers a retail service or the
service's rates, terms, or conditions.
(d-2) In this subsection, "deregulated company" and
"transitioning company" have the meanings assigned by Section
65.002. The commission may not require a deregulated company or
transitioning company to obtain advance approval for a filing with
the commission or a posting on the company's Internet website that
adds, modifies, withdraws, or grandfathers:
(1) a nonbasic retail service or the service's rates,
terms, or conditions; or
(2) a basic network service for a market that has been
deregulated or the service's rates, terms, or conditions.
SECTION 2. Section 52.154, Utilities Code, is amended to
read as follows:
Sec. 52.154. COMMISSION MAY NOT OVERBURDEN. The commission
may not, by a rule or regulatory practice adopted under this
chapter, impose on a telecommunications utility a greater
regulatory burden than is imposed on a holder of a certificate of
convenience and necessity serving the same area or a deregulated
company, as defined by Section 65.002, that holds a certificate of
operating authority serving the same area.
SECTION 3. Subchapter A, Chapter 55, Utilities Code, is
amended by adding Section 55.018 to read as follows:
Sec. 55.018. APPLICABILITY TO ELECTING OR TRANSITIONING
COMPANY. Sections 55.001, 55.002, 55.003, and 55.004 do not apply
to nonbasic services offered by an electing company, as defined by
Section 58.002, or by a transitioning company, as defined by
Section 65.002.
SECTION 4. Section 65.101, Utilities Code, is amended by
adding Subsection (c) to read as follows:
(c) A deregulated company that holds a certificate of
operating authority is a nondominant carrier.
SECTION 5. Section 65.102, Utilities Code, is amended to
read as follows:
Sec. 65.102. REQUIREMENTS. (a) A deregulated company that
holds a certificate of operating authority issued under this
subchapter[:
[(1) is a nondominant carrier governed in the same
manner as a holder of a certificate of operating authority issued
under Chapter 54;
[(2)] is not required to:
(1) [(A)] fulfill the obligations of a provider of
last resort;
(2) [(B)] comply with retail quality of service
standards or reporting requirements;
(3) [(C)] file an earnings report with the commission
unless the company is receiving support from the Texas High Cost
Universal Service Plan; or
(4) [(D)] comply with a pricing requirement other than
a requirement prescribed by this subchapter[; and
[(3) is subject to the following provisions in the
same manner as an incumbent local exchange company that is not
deregulated:
[(A) Sections 54.156, 54.158, and 54.159;
[(B) Section 55.012; and
[(C) Chapter 60].
(b) Notwithstanding any other provision of this title, the
commission has only the authority provided by this section over a
deregulated company that holds a certificate of operating authority
issued under this subchapter. The commission may enforce:
(1) this subchapter using the remedies provided by
Subchapter B, Chapter 15;
(2) Section 52.007;
(3) Sections 54.105, 54.156, 54.158, 54.159, 54.255,
54.256, 54.257, 54.259, 54.260, and 54.261;
(4) Sections 55.015, 55.123, 55.133, and 55.136;
(5) Chapter 56, except Subchapters F and G;
(6) Chapter 60, except Sections 60.001 and 60.101;
(7) Chapter 62;
(8) Subchapter E, Chapter 64;
(9) Subchapter E, Chapter 65; and
(10) Chapter 66.
(c) The commission's authority in this subchapter is
subject to:
(1) Sections 51.003 and 51.010(c);
(2) Section 52.002(d);
(3) Sections 54.003, 54.204, 54.205, and 54.206; and
(4) Section 65.051. [Except as provided by Subsection
(c), in each deregulated market, a deregulated company shall make
available to all residential customers uniformly throughout that
market the same price, terms, and conditions for all basic and
non-basic services, consistent with any pricing flexibility
available to such company.
[(c) A deregulated company may offer to an individual
residential customer a promotional offer that is not available
uniformly throughout the market if the company makes the offer
through a medium other than direct mail or mass electronic media and
the offer is intended to retain or obtain a customer.]
SECTION 6. Section 65.154(a), Utilities Code, is amended to
read as follows:
(a) A transitioning company is not required to comply with
the following requirements prescribed by this title on submission
of a written notice to the commission:
(1) a direct or indirect requirement to price a
[residential] service at, above, or according to the long-run
incremental cost of the service or to otherwise use long-run
incremental cost in establishing prices for [residential]
services; or
(2) a requirement to file with the commission a
long-run incremental cost study for residential or business
services.
SECTION 7. Section 65.155, Utilities Code, is amended to
read as follows:
Sec. 65.155. COMPLAINT BY AFFECTED PERSON. [(a)] An
affected person may file a complaint at the commission challenging
whether a transitioning company is complying with Section
65.154(b).
[(b) Notwithstanding Section 65.154(a)(2), the commission
may require a transitioning company to submit a long-run
incremental cost study for a business service that is the subject of
a complaint submitted under Subsection (a).]
SECTION 8. The following provisions of the Utilities Code
are repealed:
(1) Section 55.012; and
(2) Sections 65.153(c) and (c-1).
SECTION 9. This Act takes effect September 1, 2013.