By: Smithee H.B. No. 2667
A BILL TO BE ENTITLED
AN ACT
relating to the definition of telecommunications providers and the
Texas Universal Service Fund, authorizing an assessment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.002 (10), Utilities Code, is amended
to read as follows:
(10) "Telecommunications provider";
(A) means:
(i) a certificated telecommunications
utility;
(ii) a shared tenant service provider;
(iii) a nondominant carrier of
telecommunications services;
(iv) a provider of commercial mobile
service as defined by Section 332(d), Communications Act of 1934
(47 U.S.C. Section 151 et seq.), Federal Communications Commission
rules, and the Omnibus Budget Reconciliation Act of 1993 (Public
Law 103-66), except that the term does not include these entities
for the purposes of Chapter 17, 55, or 64;
(v) a telecommunications entity that
provides central office based PBX-type sharing or resale
arrangements;
(vi) an interexchange telecommunications
carrier;
(vii) a specialized common carrier;
(viii) a reseller of communications;
(ix) a provider of operator services;
(x) a provider of customer-owned pay
telephone service;
(xi) a provider of Voice over Internet
Protocol service; or
[(xi)](xii) a person or entity determined
by the commission to provide telecommunications services to
customers in this state; and
(B) does not mean;
(i) a provider of enhanced or information
services, or another user of telecommunications services, who does
not also provided telecommunications services; or
(ii) a state agency or institution of
higher education, or a service provided by a state agency or state
institution of higher education.
SECTION 2. Section 56.022, Utilities Code, is amended to
read as follows:
Sec. 56.022. UNIFORM CHARGE.
(a) The universal service fund is funded by a statewide
uniform charge payable by each telecommunication provider that has
access to the customer base.
(b) A telecommunications provider shall pay the charge in
accordance with procedures approved by the commission.
(c) The uniform charge is on services and at rates the
commission determines and may be in the form of a fee or an
assessment on revenues. In establishing the charge and the
services to which the charge will apply, the commission may not:
(1) grant an unreasonable preference or advantage to a
telecommunications provider;
(2) assess the charge on pay telephone service; [or]
(3) subject a telecommunications provider to
unreasonable prejudice or disadvantage; or
(4) assess the charge in a manner that is not
technology neutral or grants an unreasonable preference based on
technology.
SECTION 3. SECTION 1. Section 56.001, Utilities Code, is
amended to read as follows:
Sec. 56.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of Assistive and
Rehabilitative Services.
(2) "Designated provider" means a telecommunications
provider designated by the commission to provide services to an
uncertificated area under Subchapter F.
(2-a) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(3) "High cost rural area" as used in Sec. 56.021(1)
means:
(A) any area served by a "Small provider" as
defined by Sec. 56.032(a)(2); and
(B) any exchange receiving support under the
plans identified in Sec 56.021(1) as of December 31, 2020 where:
(i) the population has not since increased
by more than 100% since the year 2000; and
(ii) there are less than 30 customers per
route mile of plant in service.
SECTION 3. This Act takes immediate effect if it receives a
vote of two-thirds of all members elected to each house, as provided
by Section 39, Article III, Texas Constitution. If this Act does
not receive the vote necessary to take effect on that date, this Act
takes effect on September 1, 2021.