Texas 2015 - 84th Regular

Texas House Bill HB3440 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R9639 JXC-D
2	2	By: Guillen H.B. No. 3440
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to eligibility of certain rural companies for support from
8	8	the universal service fund.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 56.021, Utilities Code, is amended to
11	11	read as follows:
12	12	Sec. 56.021. UNIVERSAL SERVICE FUND ESTABLISHED. The
13	13	commission shall adopt and enforce rules requiring local exchange
14	14	companies to establish a universal service fund to:
15	15	(1) assist telecommunications providers in providing
16	16	basic local telecommunications service at reasonable rates in high
17	17	cost rural areas under two plans:
18	18	(A) the Texas High Cost Universal Service Plan
19	19	(16 T.A.C. Section 26.403); and
20	20	(B) the Small and Rural Incumbent Local Exchange
21	21	Company Universal Service Plan (16 T.A.C. Section 26.404);
22	22	(2) reimburse the telecommunications carrier that
23	23	provides the statewide telecommunications relay access service
24	24	under Subchapter D;
25	25	(3) finance the specialized telecommunications
26	26	assistance program established under Subchapter E;
27	27	(4) reimburse the department and the commission for
28	28	costs incurred in implementing this chapter and Chapter 57;
29	29	(5) reimburse a telecommunications carrier providing
30	30	lifeline service as provided by 47 C.F.R. Part 54, Subpart E, as
31	31	amended;
32	32	(6) finance the implementation and administration of
33	33	an integrated eligibility process created under Section 17.007 for
34	34	customer service discounts relating to telecommunications
35	35	services, including outreach expenses the commission determines
36	36	are reasonable and necessary;
37	37	(7) reimburse a designated provider under Subchapter
38	38	F;
39	39	(8) reimburse a successor utility under Subchapter G;
40	40	[and]
41	41	(9) finance the program established under Subchapter
42	42	H; and
43	43	(10) finance the rural basic and broadband service
44	44	program established under Subchapter I.
45	45	SECTION 2. Chapter 56, Utilities Code, is amended by adding
46	46	Subchapter I to read as follows:
47	47	SUBCHAPTER I. RURAL BASIC AND BROADBAND SERVICE PROGRAM
48	48	Sec. 56.351. SUPPORT FOR BASIC AND BROADBAND SERVICES IN
49	49	RURAL AREAS. (a) The commission shall provide from the universal
50	50	service fund financial assistance for a telecommunications
51	51	provider that holds a certificate of operating authority or a
52	52	service provider certificate of operating authority to build and
53	53	maintain facility-based networks capable of providing access to
54	54	basic local telecommunications service and broadband service in
55	55	rural areas of this state where:
56	56	(1) an incumbent local exchange company no longer
57	57	seeks support for a particular exchange; and
58	58	(2) support is necessary to allow the provision of
59	59	services at rates comparable to the benchmark rates established by
60	60	the Federal Communications Commission.
61	61	(b) Support received under this subchapter may not be used
62	62	for a purpose other than a purpose described by Subsection (a).
63	63	(c) In an area where an incumbent local exchange company
64	64	provides service and seeks support from the universal service fund,
65	65	telecommunications providers eligible to receive support under
66	66	this subchapter will continue to receive per-line support identical
67	67	to the support received by the incumbent local exchange company.
68	68	Sec. 56.352. NETWORK STANDARDS. The commission by rule
69	69	shall establish standards for networks built or maintained using
70	70	support disbursed under this subchapter. The standards must require
71	71	a network to provide basic local telecommunications service and
72	72	broadband service and be consistent with standards established by
73	73	the federal government.
74	74	Sec. 56.353. SUPPORT LEVEL. (a) The commission shall adopt
75	75	rules to ensure that support provided under this subchapter is
76	76	calculated in a manner that is consistent with standard accounting
77	77	principles.
78	78	(b) Until the commission determines the level of support
79	79	necessary to allow a telecommunications provider eligible to
80	80	receive support under this subchapter to fulfill the requirements
81	81	of this subchapter:
82	82	(1) on or before September 1, 2017, the provider is
83	83	entitled to receive at least the level of support the provider is
84	84	entitled to receive on the date the provider requests support from
85	85	the commission; and
86	86	(2) after September 1, 2017, the provider is entitled
87	87	to receive at least the level of support the provider is entitled to
88	88	receive under commission rules effective on September 1, 2017.
89	89	SECTION 3. This Act takes effect September 1, 2015.