| 1 | 1 | | 87R10925 JAM-F |
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| 2 | 2 | | By: Perry S.B. No. 1246 |
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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 universal service fund assistance to high cost rural |
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| 8 | 8 | | areas and the uniform charge that funds the universal service fund; |
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| 9 | 9 | | authorizing a fee. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 51.002(10), Utilities Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (10) "Telecommunications provider": |
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| 14 | 14 | | (A) means: |
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| 15 | 15 | | (i) a certificated telecommunications |
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| 16 | 16 | | utility; |
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| 17 | 17 | | (ii) a shared tenant service provider; |
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| 18 | 18 | | (iii) a nondominant carrier of |
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| 19 | 19 | | telecommunications services; |
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| 20 | 20 | | (iv) a provider of commercial mobile |
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| 21 | 21 | | service as defined by Section 332(d), Communications Act of 1934 |
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| 22 | 22 | | (47 U.S.C. Section 151 et seq.), Federal Communications Commission |
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| 23 | 23 | | rules, and the Omnibus Budget Reconciliation Act of 1993 (Public |
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| 24 | 24 | | Law 103-66), except that the term does not include these entities |
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| 25 | 25 | | for the purposes of Chapter 17, 55, or 64; |
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| 26 | 26 | | (v) a telecommunications entity that |
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| 27 | 27 | | provides central office based PBX-type sharing or resale |
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| 28 | 28 | | arrangements; |
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| 29 | 29 | | (vi) an interexchange telecommunications |
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| 30 | 30 | | carrier; |
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| 31 | 31 | | (vii) a specialized common carrier; |
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| 32 | 32 | | (viii) a reseller of communications; |
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| 33 | 33 | | (ix) a provider of operator services; |
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| 34 | 34 | | (x) a provider of customer-owned pay |
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| 35 | 35 | | telephone service; [or] |
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| 36 | 36 | | (xi) a provider of Voice over Internet |
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| 37 | 37 | | Protocol service; or |
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| 38 | 38 | | (xii) a person or entity determined by the |
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| 39 | 39 | | commission to provide telecommunications services to customers in |
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| 40 | 40 | | this state; and |
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| 41 | 41 | | (B) does not mean: |
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| 42 | 42 | | (i) a provider of enhanced or information |
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| 43 | 43 | | services, or another user of telecommunications services, who does |
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| 44 | 44 | | not also provide telecommunications services; or |
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| 45 | 45 | | (ii) a state agency or state institution of |
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| 46 | 46 | | higher education, or a service provided by a state agency or state |
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| 47 | 47 | | institution of higher education. |
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| 48 | 48 | | SECTION 2. Section 56.001, Utilities Code, is amended by |
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| 49 | 49 | | adding Subdivision (3) to read as follows: |
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| 50 | 50 | | (3) "High cost rural area" means an area: |
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| 51 | 51 | | (A) served by a small provider as defined by |
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| 52 | 52 | | Section 56.032; or |
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| 53 | 53 | | (B) served by a local exchange company that |
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| 54 | 54 | | receives support under the Texas High Cost Universal Service Plan |
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| 55 | 55 | | (16 T.A.C. Section 26.403) or the Small and Rural Incumbent Local |
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| 56 | 56 | | Exchange Company Universal Service Plan (16 T.A.C. Section 26.404) |
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| 57 | 57 | | and in which: |
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| 58 | 58 | | (i) the population has not since increased |
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| 59 | 59 | | by more than 100 percent since the year 2000; and |
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| 60 | 60 | | (ii) there are less than 30 customers per |
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| 61 | 61 | | route mile of plant in service. |
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| 62 | 62 | | SECTION 3. Section 56.022(c), Utilities Code, is amended to |
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| 63 | 63 | | read as follows: |
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| 64 | 64 | | (c) The uniform charge is on services and at rates the |
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| 65 | 65 | | commission determines and may be in the form of a fee or an |
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| 66 | 66 | | assessment on revenues. In establishing the charge and the |
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| 67 | 67 | | services to which the charge will apply, the commission may not: |
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| 68 | 68 | | (1) grant an unreasonable preference or advantage to a |
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| 69 | 69 | | telecommunications provider; |
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| 70 | 70 | | (2) assess the charge on pay telephone service; [or] |
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| 71 | 71 | | (3) subject a telecommunications provider to |
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| 72 | 72 | | unreasonable prejudice or disadvantage; or |
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| 73 | 73 | | (4) assess the charge in a manner that is not |
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| 74 | 74 | | technology neutral or grants an unreasonable preference based on |
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| 75 | 75 | | technology. |
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| 76 | 76 | | SECTION 4. This Act takes effect immediately if it receives |
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| 77 | 77 | | a vote of two-thirds of all the members elected to each house, as |
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| 78 | 78 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 79 | 79 | | Act does not receive the vote necessary for immediate effect, this |
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| 80 | 80 | | Act takes effect September 1, 2021. |
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