Texas 2013 - 83rd Regular

Texas Senate Bill SB259 Compare Versions

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1	1	By: Carona S.B. No. 259
2	2	(Cook)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to telecommunications services and markets.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 52.007, Utilities Code, is amended by
10	10	adding Subsections (d-1), (d-2), and (d-3) to read as follows:
11	11	(d-1) The commission may not require a nondominant carrier
12	12	to obtain advance approval for a filing with the commission or a
13	13	posting on the nondominant carrier's Internet website that adds,
14	14	modifies, withdraws, or grandfathers a retail service or the
15	15	service's rates, terms, or conditions.
16	16	(d-2) In this subsection, "deregulated company" and
17	17	"transitioning company" have the meanings assigned by Section
18	18	65.002. The commission may not require a deregulated company or
19	19	transitioning company to obtain advance approval for a filing with
20	20	the commission or a posting on the company's Internet website that
21	21	adds, modifies, withdraws, or grandfathers:
22	22	(1) a nonbasic retail service or the service's rates,
23	23	terms, or conditions; or
24	24	(2) for a market that has been deregulated, a basic
25	25	network service or the service's rates, terms, or conditions.
26	26	(d-3) Unless an interconnection agreement contract
27	27	specifies otherwise, an incumbent local exchange carrier shall
28	28	continue to provide to affected resellers of retail services the
29	29	same notice of rate changes or withdrawal of detariffed services
30	30	that it was required to provide prior to detariffing.
31	31	SECTION 2. Section 52.154, Utilities Code, is amended to
32	32	read as follows:
33	33	Sec. 52.154. COMMISSION MAY NOT OVERBURDEN. The commission
34	34	may not, by a rule or regulatory practice adopted under this
35	35	chapter, impose on a nondominant telecommunications utility a
36	36	greater regulatory burden than is imposed on:
37	37	(1) a holder of a certificate of convenience and
38	38	necessity serving the same area; or
39	39	(2) a deregulated company, as defined by Section
40	40	65.002, that:
41	41	(A) has 500,000 or more access lines in service
42	42	at the time it becomes a deregulated company; or
43	43	(B) serves an area also served by the nondominant
44	44	telecommunications utility [serving the same area].
45	45	SECTION 3. Subchapter E, Chapter 58, Utilities Code, is
46	46	amended by adding Section 58.156 to read as follows:
47	47	Sec. 58.156. REGULATION OF SERVICES. Sections 55.001,
48	48	55.002, 55.003, and 55.004 do not apply to retail nonbasic services
49	49	offered by an electing company or by a transitioning company, as
50	50	defined by Section 65.002.
51	51	SECTION 4. Section 65.101, Utilities Code, is amended by
52	52	adding Subsection (c) to read as follows:
53	53	(c) A deregulated company that holds a certificate of
54	54	operating authority is a nondominant carrier.
55	55	SECTION 5. Section 65.102, Utilities Code, is amended to
56	56	read as follows:
57	57	Sec. 65.102. REQUIREMENTS. (a) A deregulated company that
58	58	holds a certificate of operating authority issued under this
59	59	subchapter[:
60	60	[(1) is a nondominant carrier governed in the same
61	61	manner as a holder of a certificate of operating authority issued
62	62	under Chapter 54;
63	63	[(2)] is not required to:
64	64	(1) [(A)] fulfill the obligations of a provider of
65	65	last resort;
66	66	(2) [(B)] comply with retail quality of service
67	67	standards or reporting requirements;
68	68	(3) [(C)] file an earnings report with the commission
69	69	unless the company is receiving support from the Texas High Cost
70	70	Universal Service Plan; or
71	71	(4) [(D)] comply with a pricing requirement other than
72	72	a requirement prescribed by this subchapter[; and
73	73	[(3) is subject to the following provisions in the
74	74	same manner as an incumbent local exchange company that is not
75	75	deregulated:
76	76	[(A) Sections 54.156, 54.158, and 54.159;
77	77	[(B) Section 55.012; and
78	78	[(C) Chapter 60].
79	79	(b) Notwithstanding any other provision of this title, the
80	80	commission has only the authority provided by this section over a
81	81	deregulated company that holds a certificate of operating authority
82	82	issued under this subchapter. Subject to Subsection (c), the
83	83	following provisions apply to a deregulated company and may be
84	84	enforced by the commission using the remedies provided by
85	85	Subchapter B, Chapter 15, and Subsection (d):
86	86	(1) Subchapter A, Chapter 15;
87	87	(2) Subchapters A, C, and D, Chapter 17, as applicable
88	88	to carriers holding a certificate of operating authority;
89	89	(3) Sections 52.007, 52.060, and 52.156;
90	90	(4) Sections 54.001, 54.002, 54.003, 54.004, 54.005,
91	91	54.006, 54.008(a), 54.101, 54.102, 54.103, 54.105, 54.151, 54.156,
92	92	54.158, 54.159, 54.255, 54.256, 54.257, 54.259, 54.260, and 54.261;
93	93	(5) Sections 55.010, 55.015, 55.123, 55.133, 55.134,
94	94	55.136, and 55.137;
95	95	(6) Chapter 56, except Subchapters F and G;
96	96	(7) Chapter 60;
97	97	(8) Chapter 62;
98	98	(9) Subchapter E, Chapter 64;
99	99	(10) Sections 65.001, 65.002, 65.003, and 65.004, this
100	100	subchapter, and Subchapter E of this chapter; and
101	101	(11) Chapter 66.
102	102	(c) Nothing in this subchapter affects the continuing
103	103	applicability of the following provisions of this title:
104	104	(1) Sections 51.003 and 51.010(c);
105	105	(2) Section 52.002(d);
106	106	(3) Sections 54.204, 54.205, and 54.206; and
107	107	(4) Section 65.051.
108	108	(d) The commission may hear complaints of retail and
109	109	wholesale customers against deregulated companies that are in the
110	110	scope of the commission's authority provided by this section.
111	111	[Except as provided by Subsection (c), in each deregulated market,
112	112	a deregulated company shall make available to all residential
113	113	customers uniformly throughout that market the same price, terms,
114	114	and conditions for all basic and non-basic services, consistent
115	115	with any pricing flexibility available to such company.
116	116	[(c) A deregulated company may offer to an individual
117	117	residential customer a promotional offer that is not available
118	118	uniformly throughout the market if the company makes the offer
119	119	through a medium other than direct mail or mass electronic media and
120	120	the offer is intended to retain or obtain a customer.]
121	121	SECTION 6. Section 55.012, Utilities Code, is repealed.
122	122	SECTION 7. This Act takes effect September 1, 2013.