1 | 1 | | 85R13215 JXC-F |
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2 | 2 | | By: Cook H.B. No. 4177 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to adjustments to universal service plan support for small |
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8 | 8 | | and rural incumbent local exchange companies. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter B, Chapter 56, Utilities Code, is |
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11 | 11 | | amended by adding Section 56.0321 to read as follows: |
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12 | 12 | | Sec. 56.0321. ADJUSTMENTS: SMALL AND RURAL INCUMBENT LOCAL |
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13 | 13 | | EXCHANGE COMPANY UNIVERSAL SERVICE PLAN. (a) For each incumbent |
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14 | 14 | | local exchange company that serves fewer than 31,000 access lines |
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15 | 15 | | and is not an electing company under Chapter 58 or 59, the monthly |
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16 | 16 | | support amounts under a plan established under Section 56.021(1)(B) |
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17 | 17 | | that the company is eligible to receive on August 31, 2017, may not |
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18 | 18 | | be adjusted before December 1, 2018. |
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19 | 19 | | (b) Beginning December 1, 2018, an incumbent local exchange |
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20 | 20 | | company that serves fewer than 31,000 access lines and is not an |
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21 | 21 | | electing company under Chapter 58 or 59 is entitled to receive the |
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22 | 22 | | monthly per line support amount that the company was eligible to |
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23 | 23 | | receive pursuant to the final order issued by the commission in |
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24 | 24 | | Docket No. 18516, unless the commission adjusts the company's level |
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25 | 25 | | of support under Section 56.031 or this section. |
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26 | 26 | | (c) The commission by rule shall establish procedures, |
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27 | 27 | | standards, and criteria to determine the appropriate level of |
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28 | 28 | | support for an incumbent local exchange company that is subject to |
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29 | 29 | | this section. In adopting rules required by this subsection, the |
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30 | 30 | | commission: |
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31 | 31 | | (1) shall establish an application process, including |
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32 | 32 | | an opportunity for a contested case hearing, to adjust the support |
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33 | 33 | | provided to a company subject to this section; |
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34 | 34 | | (2) shall prescribe standards and criteria to evaluate |
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35 | 35 | | whether a rate increase is an appropriate source of revenue for a |
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36 | 36 | | company subject to this section as an alternative to maintaining or |
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37 | 37 | | increasing the level of support provided to the company; |
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38 | 38 | | (3) may prescribe standards and criteria to determine |
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39 | 39 | | the appropriate mechanism to adjust the support available to a |
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40 | 40 | | company subject to this section, including rate rebalancing; |
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41 | 41 | | (4) may prescribe standards and criteria to determine |
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42 | 42 | | the appropriate mechanism necessary to maintain reasonable rates |
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43 | 43 | | for local exchange telephone service for a company subject to this |
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44 | 44 | | section; and |
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45 | 45 | | (5) may prescribe the information a company subject to |
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46 | 46 | | this chapter may be required to provide to the commission for the |
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47 | 47 | | commission to determine the appropriate level of support and |
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48 | 48 | | whether rate increases are an appropriate source of revenue. |
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49 | 49 | | (d) This section does not restrict the commission's |
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50 | 50 | | authority under Chapter 53 or this chapter. |
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51 | 51 | | SECTION 2. Section 56.032, Utilities Code, is repealed. |
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52 | 52 | | SECTION 3. This Act takes effect immediately if it receives |
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53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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56 | 56 | | Act takes effect September 1, 2017. |
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