By: Schwertner S.B. No. 2399
(In the Senate - Filed March 10, 2023; March 23, 2023, read
first time and referred to Committee on Business & Commerce;
April 6, 2023, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 11, Nays 0; April 6, 2023,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2399 By: Schwertner
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Public Utility Commission of Texas
to regulate Voice over Internet Protocol services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 52.002(d), Utilities Code, is amended to
read as follows:
(d) Notwithstanding any other law, a department, agency, or
political subdivision of this state may not by rule, order, or other
means directly or indirectly regulate rates charged for, service or
contract terms for, conditions for, or requirements for entry into
the market for Voice over Internet Protocol services or other
Internet Protocol enabled services. This subsection does not:
(1) affect requirements pertaining to use of a
right-of-way or payment of right-of-way fees applicable to Voice
over Internet Protocol services under Chapter 283, Local Government
Code;
(2) affect any person's obligation to provide video or
cable service, as defined under applicable state or federal law,
the applicability of Chapter 66, or a requirement to make a payment
under Chapter 66;
(3) require or prohibit assessment of enhanced 9-1-1,
relay access service, or universal service fund fees on Voice over
Internet Protocol service;
(4) affect any entity's obligations under Sections 251
and 252, Communications Act of 1934 (47 U.S.C. Sections 251 and
252), or a right granted to an entity by those sections;
(5) affect any applicable wholesale tariff;
(6) grant, modify, or affect the authority of the
commission to implement, carry out, or enforce the rights or
obligations provided by Sections 251 and 252, Communications Act of
1934 (47 U.S.C. Sections 251 and 252), or of an applicable wholesale
tariff through arbitration proceedings or other available
mechanisms and procedures;
(7) require or prohibit payment of switched network
access rates or other intercarrier compensation rates, as
applicable;
(8) limit any commission authority over the subjects
listed in Subdivisions (1)-(7) or grant the commission any
authority over those subjects; [or]
(9) affect the assessment, administration,
collection, or enforcement of any tax or fee over which the
comptroller has authority; or
(10) limit any commission authority over the grant of
any certificate to a Voice over Internet Protocol provider under
Subchapter C or D, Chapter 54.
SECTION 2. Section 54.154(a), Utilities Code, is amended to
read as follows:
(a) The commission may grant a certificate to encourage an
innovative, competitive, and entrepreneurial business to provide
telecommunications or Voice over Internet Protocol services.
SECTION 3. Section 54.155, Utilities Code, is amended by
adding Subsection (c) to read as follows:
(c) A certificate granted under this section to a Voice over
Internet Protocol provider may not be construed to expand the
authority or jurisdiction of the commission over Voice over
Internet Protocol service.
SECTION 4. This Act takes effect September 1, 2023.
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