Bill Text: TX SB985 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the regulation of Voice over Internet Protocol service.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-04-26 - Referred to State Affairs [SB985 Detail]
Download: Texas-2011-SB985-Engrossed.html
| By: Carona | S.B. No. 985 | |
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| relating to the regulation of Voice over Internet Protocol service. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 51.002, Utilities Code, is amended by | ||
| adding Subdivisions (3-a) and (13) to read as follows: | ||
| (3-a) "Internet Protocol enabled service" means a | ||
| service, capability, functionality, or application that uses | ||
| Internet Protocol or a successor protocol to allow an end user to | ||
| send or receive a data, video, or voice communication in Internet | ||
| Protocol or a successor protocol. | ||
| (13) "Voice over Internet Protocol service" means a | ||
| service that: | ||
| (A) uses Internet Protocol or a successor | ||
| protocol to enable a real-time, two-way voice communication that | ||
| originates from or terminates to the user's location in Internet | ||
| Protocol or a successor protocol; | ||
| (B) requires a broadband connection from the | ||
| user's location; and | ||
| (C) permits a user generally to receive a call | ||
| that originates on the public switched telephone network and to | ||
| terminate a call to the public switched telephone network. | ||
| SECTION 2. Section 52.002, Utilities Code, is amended by | ||
| adding Subsections (c) and (d) to read as follows: | ||
| (c) The commission may not require a telecommunications | ||
| utility that is not a public utility, including a deregulated or | ||
| transitioning company, to comply with a requirement or standard | ||
| that is more burdensome than a requirement or standard the | ||
| commission imposes on a public utility. | ||
| (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; | ||
| (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 or collection of a tax or fee | ||
| over which the comptroller has authority. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
