Bill Text: TX HB2603 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the distribution of universal service funds to certain small and rural local exchange companies.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - See remarks for effective date [HB2603 Detail]
Download: Texas-2011-HB2603-Enrolled.html
H.B. No. 2603 |
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relating to the distribution of universal service funds to certain | ||
small and rural local exchange companies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 56.031, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 56.031. ADJUSTMENTS: TEXAS HIGH COST UNIVERSAL | ||
SERVICE PLAN. The commission may revise the monthly per line | ||
support amounts to be made available from the Texas High Cost | ||
Universal Service Plan [ |
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hearing. In determining appropriate monthly per line support | ||
amounts, the commission shall consider the adequacy of basic rates | ||
to support universal service. | ||
SECTION 2. Subchapter B, Chapter 56, Utilities Code, is | ||
amended by adding Section 56.032 to read as follows: | ||
Sec. 56.032. ADJUSTMENTS: SMALL AND RURAL INCUMBENT LOCAL | ||
EXCHANGE COMPANY UNIVERSAL SERVICE PLAN. (a) For purposes of this | ||
section, "consumer price index" means the Consumer Price Index for | ||
All Urban Consumers, as published by the federal Bureau of Labor | ||
Statistics of the United States Department of Labor. | ||
(b) Except as provided by Subsections (c), (d), (e), and | ||
(f), the commission may revise the monthly support amounts to be | ||
made available from the Small and Rural Incumbent Local Exchange | ||
Company Universal Service Plan by revising the monthly per line | ||
support amounts, after notice and an opportunity for hearing. In | ||
determining appropriate monthly per line support amounts, the | ||
commission shall consider the adequacy of basic rates to support | ||
universal service. | ||
(c) On the written request of a small or rural incumbent | ||
local exchange company that receives monthly per line support | ||
amounts, the commission shall disburse funds to the company in | ||
fixed monthly amounts based on the company's annualized amount of | ||
recovery for the calendar year ending on December 31, 2010. A | ||
company may submit only one request under this subsection and must | ||
submit the request on or before December 31, 2011. | ||
(d) On the written request of a small or rural incumbent | ||
local exchange company that is not an electing company under | ||
Chapter 58 or 59, the commission annually shall set the company's | ||
monthly support amounts for the following 12 months by dividing by | ||
12 the annualized support amount calculated under this subsection. | ||
The commission shall calculate the annualized amount: | ||
(1) for the initial 12-month period for which a | ||
company makes an election under this subsection, by: | ||
(A) determining the annualized support amount | ||
calculated for the requestor in the final order issued by the | ||
commission in Docket No. 18516; and | ||
(B) adjusting the support amount determined | ||
under Paragraph (A) at the beginning of each calendar year by a | ||
factor equal to the most recent consumer price index published at | ||
that time, beginning with the 1999 calendar year and ending in the | ||
year the company makes an election under this subsection; and | ||
(2) for the 12-month period following the initial | ||
period for which a company made an election under this subsection | ||
and for subsequent 12-month periods, by adjusting the most recent | ||
annualized support amount calculated by the commission by a factor | ||
equal to the percentage change in the consumer price index for the | ||
most recent 12-month period. | ||
(e) If a company elects to receive monthly support amounts | ||
under Subsection (d), the commission, on its own motion or on the | ||
written request of the company, may initiate a proceeding to | ||
recalculate the most recent annualized support amount to be used as | ||
the basis for adjustment for a subsequent 12-month period under | ||
Subsection (d)(2). If, based on the recalculation, the commission | ||
by order adjusts a company's most recent annualized support amount, | ||
the adjusted support amount supersedes the annualized support | ||
amount calculated in accordance with Subsection (d). | ||
(f) The commission shall administratively review requests | ||
filed under Subsections (c) and (d). Except for good cause, the | ||
commission shall approve the request not later than the 60th day | ||
after the date the commission determines the company is eligible | ||
and has met all the procedural requirements under this subchapter. | ||
(g) This section does not affect the commission's authority | ||
under Chapter 53 or this chapter. | ||
(h) This section and any monthly support amount approved | ||
under this section expire on September 1, 2013. | ||
SECTION 3. Effective September 1, 2013, Section 56.031, | ||
Utilities Code, is amended to read as follows: | ||
Sec. 56.031. ADJUSTMENTS. The commission may revise the | ||
monthly per line support amounts to be made available from the Texas | ||
High Cost Universal Service Plan and from the Small and Rural | ||
Incumbent Local Exchange Company Universal Service Plan at any time | ||
after September 1, 2007, after notice and an opportunity for | ||
hearing. In determining appropriate monthly per line support | ||
amounts, the commission shall consider the adequacy of basic rates | ||
to support universal service. | ||
SECTION 4. Except as otherwise provided by this Act, this | ||
Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2603 was passed by the House on May | ||
13, 2011, by the following vote: Yeas 138, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2603 on May 23, 2011, by the following vote: Yeas 137, Nays 2, | ||
3 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2603 was passed by the Senate, with | ||
amendments, on May 21, 2011, by the following vote: Yeas 30, Nays | ||
1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |