88R649 CXP-F     By: Perry S.B. No. 1710       A BILL TO BE ENTITLED   AN ACT   relating to universal service fund assistance to high cost rural   areas and the uniform charge that funds the universal service fund.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 56.001, Utilities Code, is amended by   adding Subdivision (3) to read as follows:                (3)  "High cost rural area" means:                      (A)  an area:                            (i)  receiving support under Section   56.021(1) on December 31, 2022; and                            (ii)  served by a telecommunications   provider that is subject to rate regulation under Chapter 53; and                      (B)  any other exchange:                            (i)  receiving support under the Texas High   Cost Universal Service Plan (16 T.A.C. Section 26.403) or the Small   and Rural Incumbent Local Exchange Company Universal Service Plan   (16 T.A.C. Section 26.404); and                            (ii)  not excluded by commission rule based   on the number of telecommunications providers serving the exchange,   the population density in the exchange, and the number of customers   served per route mile of plant in service used to provide basic   local telecommunications service.          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   telecommunications provider and each provider of Voice over   Internet Protocol service that has access to the customer base.          (b)  A telecommunications provider or provider of Voice over   Internet Protocol service 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. 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 or a provider of Voice over Internet   Protocol service;                (2)  assess the charge on pay telephone service; [or]                (3)  subject a telecommunications provider or a   provider of Voice over Internet Protocol service to unreasonable   prejudice or disadvantage; or                (4)  assess the charge in a manner that is not   technology-neutral or that grants an unreasonable preference based   on technology.          SECTION 3.  Sections 56.024(a) and (b), Utilities Code, are   amended to read as follows:          (a)  The commission may require a telecommunications   provider or a provider of Voice over Internet Protocol service to   provide a report or information necessary to assess contributions   and disbursements to the universal service fund.          (b)  A report or information the commission requires a   telecommunications provider or a provider of Voice over Internet   Protocol service to provide under Subsection (a) is confidential   and not subject to disclosure under Chapter 552, Government Code.          SECTION 4.  Not later than December 31, 2023, the Public   Utility Commission of Texas shall initiate the rulemaking to adopt   the rules required by Section 56.001, Utilities Code, as amended by   this Act.          SECTION 5.  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, 2023.