By: Smithee H.B. No. 4577
A BILL TO BE ENTITLED
AN ACT
relating to the deployment of broadband service in rural areas of
the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 2, Utilities Code, is amended
by adding Chapter 18 to read as follows:
CHAPTER 18 BROADBAND DEPLOYMENT
Sec. 18.001. FINDINGS. The Legislature finds that access
to broadband is important for all Texans, and that the state should
direct efforts to facilitate the deployment of broadband to
unserved areas of the state.
Sec. 18.002. DEFINITIONS. In this chapter:
(1) "Broadband" means a wireline or fixed wireless
service that provides advanced telecommunications capability and
Internet access.
(2) "Unserved" means a census block without access to
broadband with minimum speeds of at least 25 Megabits per second
download and 3 Megabits per second upload.
Section 18.003. PROJECT RIGHT OF FIRST REFUSAL.
(a) With regard to an application for retail broadband
service, each incumbent provider in the area that is not providing
access to a broadband network in the unserved area may exercise a
right of first refusal regarding the implementation of a project in
the unserved area as described by subsection (b).
(b) If an incumbent provider exercises a right of first
refusal, the incumbent provider commits to providing access to a
broadband network:
(1) within two years after the applicant's submission
of a request for retail service;
(2) at demonstrated downstream and upstream speeds
equal to or faster than the speeds indicated in the applicant's
request for retail service; and
(3) at a cost per household in the area to be served
that is equal to or less than the cost per household indicated in
the applicant's request for retail service.
Section 18.004. NO OTHER REGULATORY OBLIGATIONS. In the
event that grants are awarded, a program administrator shall not
include consideration of any new or additional regulatory
obligations beyond those required under applicable law, including
but not limited to, open access network requirements or any rate,
service or other obligations beyond speed requirements.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.