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AN ACT
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relating to the distribution of universal service funds to certain |
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small and rural local exchange companies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 56.031, Utilities Code, is amended to |
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read as follows: |
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Sec. 56.031. ADJUSTMENTS: TEXAS HIGH COST UNIVERSAL |
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SERVICE PLAN. The commission may revise the monthly per line |
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support amounts to be made available from the Texas High Cost |
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Universal Service Plan [and from the Small and Rural Incumbent
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Local Exchange Company Universal Service Plan at any time after
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September 1, 2007,] after notice and an opportunity for |
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hearing. In determining appropriate monthly per line support |
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amounts, the commission shall consider the adequacy of basic rates |
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to support universal service. |
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SECTION 2. Subchapter B, Chapter 56, Utilities Code, is |
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amended by adding Section 56.032 to read as follows: |
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Sec. 56.032. ADJUSTMENTS: SMALL AND RURAL INCUMBENT LOCAL |
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EXCHANGE COMPANY UNIVERSAL SERVICE PLAN. (a) For purposes of this |
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section, "consumer price index" means the Consumer Price Index for |
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All Urban Consumers, as published by the federal Bureau of Labor |
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Statistics of the United States Department of Labor. |
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(b) Except as provided by Subsections (c), (d), (e), and |
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(f), the commission may revise the monthly support amounts to be |
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made available from the Small and Rural Incumbent Local Exchange |
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Company Universal Service Plan by revising the monthly per line |
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support amounts, after notice and an opportunity for hearing. In |
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determining appropriate monthly per line support amounts, the |
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commission shall consider the adequacy of basic rates to support |
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universal service. |
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(c) On the written request of a small or rural incumbent |
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local exchange company that receives monthly per line support |
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amounts, the commission shall disburse funds to the company in |
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fixed monthly amounts based on the company's annualized amount of |
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recovery for the calendar year ending on December 31, 2010. A |
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company may submit only one request under this subsection and must |
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submit the request on or before December 31, 2011. |
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(d) On the written request of a small or rural incumbent |
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local exchange company that is not an electing company under |
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Chapter 58 or 59, the commission annually shall set the company's |
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monthly support amounts for the following 12 months by dividing by |
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12 the annualized support amount calculated under this subsection. |
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The commission shall calculate the annualized amount: |
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(1) for the initial 12-month period for which a |
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company makes an election under this subsection, by: |
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(A) determining the annualized support amount |
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calculated for the requestor in the final order issued by the |
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commission in Docket No. 18516; and |
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(B) adjusting the support amount determined |
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under Paragraph (A) at the beginning of each calendar year by a |
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factor equal to the most recent consumer price index published at |
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that time, beginning with the 1999 calendar year and ending in the |
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year the company makes an election under this subsection; and |
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(2) for the 12-month period following the initial |
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period for which a company made an election under this subsection |
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and for subsequent 12-month periods, by adjusting the most recent |
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annualized support amount calculated by the commission by a factor |
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equal to the percentage change in the consumer price index for the |
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most recent 12-month period. |
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(e) If a company elects to receive monthly support amounts |
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under Subsection (d), the commission, on its own motion or on the |
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written request of the company, may initiate a proceeding to |
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recalculate the most recent annualized support amount to be used as |
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the basis for adjustment for a subsequent 12-month period under |
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Subsection (d)(2). If, based on the recalculation, the commission |
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by order adjusts a company's most recent annualized support amount, |
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the adjusted support amount supersedes the annualized support |
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amount calculated in accordance with Subsection (d). |
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(f) The commission shall administratively review requests |
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filed under Subsections (c) and (d). Except for good cause, the |
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commission shall approve the request not later than the 60th day |
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after the date the commission determines the company is eligible |
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and has met all the procedural requirements under this subchapter. |
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(g) This section does not affect the commission's authority |
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under Chapter 53 or this chapter. |
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(h) This section and any monthly support amount approved |
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under this section expire on September 1, 2013. |
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SECTION 3. Effective September 1, 2013, Section 56.031, |
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Utilities Code, is amended to read as follows: |
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Sec. 56.031. ADJUSTMENTS. The commission may revise the |
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monthly per line support amounts to be made available from the Texas |
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High Cost Universal Service Plan and from the Small and Rural |
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Incumbent Local Exchange Company Universal Service Plan at any time |
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after September 1, 2007, after notice and an opportunity for |
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hearing. In determining appropriate monthly per line support |
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amounts, the commission shall consider the adequacy of basic rates |
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to support universal service. |
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SECTION 4. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2603 was passed by the House on May |
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13, 2011, by the following vote: Yeas 138, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2603 on May 23, 2011, by the following vote: Yeas 137, Nays 2, |
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3 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2603 was passed by the Senate, with |
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amendments, on May 21, 2011, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |