Texas 2019 - 86th Regular

Texas House Bill HB669 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R24940 GRM-D
2		-	By: King of Hemphill, Guillen, Springer, H.B. No. 669
3		-	Ashby, King of Uvalde, et al.
	2	+	By: King of Hemphill, et al. H.B. No. 669
	3	+	Substitute the following for H.B. No. 669:
	4	+	By: Phelan C.S.H.B. No. 669
4	5
5	6
6	7		A BILL TO BE ENTITLED
7	8		AN ACT
8	9		relating to the use of the universal service fund for the provision
9	10		of broadband service in underserved rural areas.
10	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	12		SECTION 1. Section 56.001, Utilities Code, is amended by
12	13		adding Subdivisions (3) and (4) to read as follows:
13	14		(3) "Broadband service" means a mass-market retail
14	15		service by wire or radio that provides the capability to transmit
15	16		data to and receive data from all or substantially all Internet
16	17		endpoints. The term includes any capabilities that are incidental
17	18		to and enable the operation of the communications service but does
18	19		not include dial-up Internet access service.
19	20		(4) "Broadband service provider" means a provider of
20	21		broadband service.
21	22		SECTION 2. Subchapter A, Chapter 56, Utilities Code, is
22	23		amended by adding Section 56.003 to read as follows:
23	24		Sec. 56.003. JURISDICTION OVER BROADBAND SERVICE
24	25		PROVIDERS. (a) The commission has jurisdiction relating to
25	26		broadband service providers only as necessary to enforce this
26	27		chapter and rules adopted under this chapter.
27	28		(b) This chapter does not otherwise grant the commission
28	29		authority to regulate broadband services or broadband service
29	30		providers.
30	31		SECTION 3. Section 56.021, Utilities Code, is amended to
31	32		read as follows:
32	33		Sec. 56.021. UNIVERSAL SERVICE FUND ESTABLISHED. The
33	34		commission shall adopt and enforce rules requiring local exchange
34	35		companies, and only those broadband service providers that elect to
35	36		participate in the program under Subchapter I, to establish a
36	37		universal service fund to:
37	38		(1) assist telecommunications providers in providing
38	39		basic local telecommunications service at reasonable rates in high
39	40		cost rural areas under two plans:
40	41		(A) the Texas High Cost Universal Service Plan
41	42		(16 T.A.C. Section 26.403); and
42	43		(B) the Small and Rural Incumbent Local Exchange
43	44		Company Universal Service Plan (16 T.A.C. Section 26.404);
44	45		(2) reimburse the telecommunications carrier that
45	46		provides the statewide telecommunications relay access service
46	47		under Subchapter D;
47	48		(3) finance the specialized telecommunications
48	49		assistance program established under Subchapter E;
49	50		(4) reimburse the department and the commission for
50	51		costs incurred in implementing this chapter and Chapter 57;
51	52		(5) reimburse a telecommunications carrier providing
52	53		lifeline service as provided by 47 C.F.R. Part 54, Subpart E, as
53	54		amended;
54	55		(6) finance the implementation and administration of
55	56		the identification process under Section 17.007 for
56	57		telecommunications services;
57	58		(7) reimburse a designated provider under Subchapter
58	59		F;
59	60		(8) reimburse a successor utility under Subchapter G;
60	61		[and]
61	62		(9) finance the program established under Subchapter
62	63		H; and
63	64		(10) provide support for the rural broadband service
64	65		program established under Subchapter I.
65	66		SECTION 4. Section 56.022, Utilities Code, is amended to
66	67		read as follows:
67	68		Sec. 56.022. UNIFORM CHARGE. (a) The universal service
68	69		fund is funded by a statewide uniform charge payable by each:
69	70		(1) telecommunications provider that has access to the
70	71		customer base; and
71	72		(2) broadband service provider only to the extent the
72	73		provider elects to participate in the program under Subchapter I.
73	74		(b) Each [A] telecommunications provider and each broadband
74	75		service provider that elects to participate in the program under
75	76		Subchapter I shall pay the charge in accordance with procedures
76	77		approved by the commission.
77	78		(c) The uniform charge is on services and at rates the
78	79		commission determines. In establishing the charge and the services
79	80		to which the charge will apply, the commission may not:
80	81		(1) grant an unreasonable preference or advantage to a
81	82		telecommunications provider or a broadband service provider that
82	83		elects to participate in the program under Subchapter I;
83	84		(2) assess the charge on pay telephone service; or
84	85		(3) subject a telecommunications provider or electing
85	86		broadband service provider to unreasonable prejudice or
86	87		disadvantage.
87	88		(d) The commission may establish separate uniform charges
88	89		for telecommunications providers and broadband service providers.
89	90		(e) Funds from the uniform charge on telecommunications
90	91		providers may only be used to fund programs under Sections
91	92		56.021(1) through (9). Funds from the uniform charge on broadband
92	93		service providers that elect to participate in the program under
93	94		Subchapter I may only be used to fund the rural broadband service
94	95		program under Section 56.021(10).
95	96		(f) The commission may assess a uniform charge on a
96	97		broadband service provider only if the provider notifies the
97	98		commission of the provider's election to participate in the program
98	99		established under Subchapter I.
99	100		(g) A broadband service provider may notify the commission
100	101		at any time of the provider's intention to discontinue its
101	102		participation. The election is effective on the 60th day after the
102	103		date of the notification.
103	104		SECTION 5. Subchapter B, Chapter 56, Utilities Code, is
104	105		amended by adding Section 56.0235 to read as follows:
105	106		Sec. 56.0235. COMMISSION POWERS AND DUTIES RELATING TO
106	107		ELECTING BROADBAND SERVICE PROVIDERS. In addition to the powers
107	108		and duties provided by Section 56.023, the commission shall:
108	109		(1) adopt eligibility criteria for broadband service
109	110		providers that elect to participate in the program under Subchapter
110	111		I and review procedures, including a method for administrative
111	112		review, the commission finds necessary to manage crediting the
112	113		broadband charge receipts to the universal service fund in
113	114		accordance with Section 56.022(f) for the purposes of Subchapter I
114	115		and to make distributions of the broadband charge receipts from
115	116		that fund to electing broadband service providers;
116	117		(2) determine which electing broadband service
117	118		providers meet the eligibility criteria; and
118	119		(3) approve procedures for the collection and
119	120		disbursal to electing broadband service providers of the broadband
120	121		charge receipts the universal service fund received from electing
121	122		broadband service providers.
122	123		SECTION 6. Sections 56.024(a) and (b), Utilities Code, are
123	124		amended to read as follows:
124	125		(a) The commission may require a telecommunications
125	126		provider, or a broadband service provider that elects to
126	127		participate in the program under Subchapter I, to provide a report
127	128		or information necessary to assess contributions, broadband
128	129		charges, and disbursements to the universal service fund.
129	130		(b) A report or information the commission requires a
130	131		telecommunications provider, or a broadband service provider that
131	132		elects to participate in the program under Subchapter I, to provide
132	133		under Subsection (a) is confidential and not subject to disclosure
133	134		under Chapter 552, Government Code.
134	135		SECTION 7. Chapter 56, Utilities Code, is amended by adding
135	136		Subchapter I to read as follows:
136	137		SUBCHAPTER I. RURAL BROADBAND SERVICE PROGRAM
137	138		Sec. 56.351. SUPPORT FOR BROADBAND SERVICES IN UNDERSERVED
138	139		RURAL AREAS. (a) The commission shall provide from broadband
139	140		charge receipts from electing providers, support for broadband
140	141		service providers to offer retail broadband service in underserved
141	142		rural areas of this state at rates comparable to the benchmark rates
142	143		established by the Federal Communications Commission.
143	144		(b) Support received under this subchapter may not be used
144	145		for a purpose other than a purpose described by Subsection (a).
145	146		(c) The commission by rule shall adopt criteria for areas of
146	147		this state to qualify as underserved rural areas for the purposes of
147	148		this subchapter.
148	149		(d) A broadband service provider must notify the commission
149	150		of the provider's election to participate in the program
150	151		established under this subchapter and pay the uniform charge under
151	152		Section 56.022 before the provider may receive financial assistance
152	153		under this subchapter.
153	154		Sec. 56.352. NETWORK STANDARDS. The commission by rule
154	155		shall establish standards for networks built or maintained using
155	156		support disbursed under this subchapter. The standards must
156	157		require a network to provide broadband service and be consistent
157	158		with standards established by the federal government.
158	159		Sec. 56.353. ACCOUNTING. The commission shall adopt rules
159	160		to ensure that support provided under this subchapter is calculated
160	161		in a manner that is consistent with standard accounting principles.
161	162		SECTION 8. This Act takes effect September 1, 2019.