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A BILL TO BE ENTITLED
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AN ACT
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relating to the deployment of broadband service in rural areas of |
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the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 2, Utilities Code, is amended |
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by adding Chapter 18 to read as follows: |
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CHAPTER 18 BROADBAND DEPLOYMENT |
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Sec. 18.001. FINDINGS. The Legislature finds that access |
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to broadband is important for all Texans, and that the state should |
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direct efforts to facilitate the deployment of broadband to |
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unserved areas of the state. |
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Sec. 18.002. DEFINITIONS. In this chapter: |
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(1) "Broadband" means a wireline or fixed wireless |
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service that provides advanced telecommunications capability and |
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Internet access. |
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(2) "Unserved" means a census block without access to |
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broadband with minimum speeds of at least 25 Megabits per second |
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download and 3 Megabits per second upload. |
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Section 18.003. PROJECT RIGHT OF FIRST REFUSAL. |
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(a) With regard to an application for retail broadband |
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service, each incumbent provider in the area that is not providing |
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access to a broadband network in the unserved area may exercise a |
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right of first refusal regarding the implementation of a project in |
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the unserved area as described by subsection (b). |
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(b) If an incumbent provider exercises a right of first |
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refusal, the incumbent provider commits to providing access to a |
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broadband network: |
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(1) within two years after the applicant's submission |
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of a request for retail service; |
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(2) at demonstrated downstream and upstream speeds |
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equal to or faster than the speeds indicated in the applicant's |
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request for retail service; and |
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(3) at a cost per household in the area to be served |
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that is equal to or less than the cost per household indicated in |
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the applicant's request for retail service. |
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Section 18.004. NO OTHER REGULATORY OBLIGATIONS. In the |
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event that grants are awarded, a program administrator shall not |
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include consideration of any new or additional regulatory |
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obligations beyond those required under applicable law, including |
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but not limited to, open access network requirements or any rate, |
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service or other obligations beyond speed requirements. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |