By: Carona S.B. No. 259
(Cook)
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), (d-2), and (d-3) 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) for a market that has been deregulated, a basic
network service or the service's rates, terms, or conditions.
(d-3) Unless an interconnection agreement contract
specifies otherwise, an incumbent local exchange carrier shall
continue to provide to affected resellers of retail services the
same notice of rate changes or withdrawal of detariffed services
that it was required to provide prior to detariffing.
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 nondominant telecommunications utility a
greater regulatory burden than is imposed on:
(1) a holder of a certificate of convenience and
necessity serving the same area; or
(2) a deregulated company, as defined by Section
65.002, that:
(A) has 500,000 or more access lines in service
at the time it becomes a deregulated company; or
(B) serves an area also served by the nondominant
telecommunications utility [serving the same area].
SECTION 3. Subchapter E, Chapter 58, Utilities Code, is
amended by adding Section 58.156 to read as follows:
Sec. 58.156. REGULATION OF SERVICES. Sections 55.001,
55.002, 55.003, and 55.004 do not apply to retail nonbasic services
offered by an electing company 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. Subject to Subsection (c), the
following provisions apply to a deregulated company and may be
enforced by the commission using the remedies provided by
Subchapter B, Chapter 15, and Subsection (d):
(1) Subchapter A, Chapter 15;
(2) Subchapters A, C, and D, Chapter 17, as applicable
to carriers holding a certificate of operating authority;
(3) Sections 52.007, 52.060, and 52.156;
(4) Sections 54.001, 54.002, 54.003, 54.004, 54.005,
54.006, 54.008(a), 54.101, 54.102, 54.103, 54.105, 54.151, 54.156,
54.158, 54.159, 54.255, 54.256, 54.257, 54.259, 54.260, and 54.261;
(5) Sections 55.010, 55.015, 55.123, 55.133, 55.134,
55.136, and 55.137;
(6) Chapter 56, except Subchapters F and G;
(7) Chapter 60;
(8) Chapter 62;
(9) Subchapter E, Chapter 64;
(10) Sections 65.001, 65.002, 65.003, and 65.004, this
subchapter, and Subchapter E of this chapter; and
(11) Chapter 66.
(c) Nothing in this subchapter affects the continuing
applicability of the following provisions of this title:
(1) Sections 51.003 and 51.010(c);
(2) Section 52.002(d);
(3) Sections 54.204, 54.205, and 54.206; and
(4) Section 65.051.
(d) The commission may hear complaints of retail and
wholesale customers against deregulated companies that are in the
scope of the commission's authority provided by this section.
[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 55.012, Utilities Code, is repealed.
SECTION 7. This Act takes effect September 1, 2013.