HBA-DMD C.S.H.B. 2690 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2690
By: Counts
State Affairs
5/5/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the telecommunications market in Texas is in transition to a
competitive state.  C.S.H.B. 2690 relates to the acquisition of small and
rural telephone exchanges, and sets conditions for review of sale or
transfer of certain exchanges.  Under C.S.H.B. 2690,  the company that
acquires the exchange or exchanges agrees to certain requirements including
rate hike caps, rate levels, and the provision that the Public Utility
Commission (commission) has jurisdiction over each acquired exchange within
the commission jurisdiction applicable to the other exchanges of the
acquiring company.  C.S.H.B. 2690 also makes certain provisions for
telecommunications utilities that jointly acquire two or more exchanges
with the intent to partition the exchanges among the utilities at a later
date. 

C.S.H.B. 2690 requires the commission to approve the transaction and to
authorize the acquiring telecommunications utility to receive universal
service fund disbursements for the residual revenue requirements necessary
for the acquiring utility to obtain a rate of return equal to the rate of
return allowed by the Federal Communications Commission for the interstate
jurisdiction, if the commission determines that the acquiring utility and
the acquisition meet certain requirements.  

C.S.H.B. 2690 authorizes the commission to also consider a rate of return
above the federal level. This bill also authorizes the commission to
approve the review and authorize universal service disbursements by
administrative review. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 51, Utilities Code, by adding Section 51.011, as
follows: 

Sec. 51.011. REVIEW OF SALE OR TRANSFER OF CERTAIN EXCHANGES.  (a) Provides
that this section applies to a sale or transfer of one or more exchanges in
which: 

(1)  each individual exchange being sold or transferred has fewer than
10,000 access lines;  

(2)  all exchanges being sold or transferred have a total of fewer than
100,000 access lines;  

(3)  the company that is selling or transferring the exchange or exchanges
is a company electing under Chapter 58 (Incentive Regulation) or 59
(Infrastructure Plan), Utilities Code; and  

(4)  the company that acquires the exchange or exchanges:

_is a telecommunications utility that is not a company electing under
Chapter 58 or 59, Utilities Code; 
 
_will not own more than 100,000 access lines in this state after the
acquisition is completed; and  

_agrees to not increase the rate for basic local telephone service until
after the fifth anniversary of the acquisition date; set intrastate
switched access rates at the level charged for interstate switched access
by that company or by the company selling or transferring the exchange or
exchanges; include each acquired exchange within the Public Utility
Commission (commission) jurisdiction applicable to the other exchanges of
the acquiring company; and establish a level of service quality and
infrastructure that meets or exceeds the service quality requirements of
the company selling or transferring the exchange or exchanges at the time
of acquisition. 

(b)  Provides that this section applies, if two or more telecommunications
utilities jointly acquire two or more exchanges with the intent to
partition the exchanges among the utilities at a later date, if each
acquiring utility and the resulting partitioned acquisitions meet the
requirements prescribed by Subsection (a). 

(c)  Requires a telecommunications utility that makes an acquisition to
which this section applies to report the acquisition as provided by
Sections 14.101 (Report of Certain Transactions; Commission Consideration)
or 51.010 (Commission Investigation of Sale, Merger, or Certain Other
Actions), Utilities Code, and authorizes such a telecommunications utility
to apply to have the commission review the acquisition in accordance with
this section. Authorizes the utilities, if the utility makes a joint
acquisition as described by Subsection (b), to apply jointly. 

(d)  Requires the commission, if the commission determines that the
acquiring utility and the acquisition meet the requirements prescribed by
Subsection (a), to approve the transaction and authorize the acquiring
telecommunications utility to receive universal service fund  disbursements
under Section 56.021(1) (Universal Service Fund Established), Utilities
Code, for the residual revenue requirements necessary for the utility to
obtain a rate of return equal to the rate of return allowed by the Federal
Communications Commission for interstate jurisdiction.  Provides that the
revenue requirement that would otherwise be considered for the acquiring
utility is limited only to the extent that the acquiring utility purchased
the exchange or exchanges above the selling utility's net book value.
Authorizes the commission to consider a rate of return above the federal
level if circumstances justify the higher rate and it is in the public
interest.  Authorizes the commission to approve the review and authorize
the universal fund disbursements by administrative review. 

SECTION 2.Emergency clause.
  Effective date: upon passage. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2690 modifies the original to conform to Legislative Council
format. 

The substitute amends Chapter 51, Utilities Code, by adding Section 51.011,
rather than amending Chapter 53, Utilities Code, by adding Section 53.088,
also referred to as Section 53.066 in the original. 

The substitute replaces proposed Section 53.088(a) (Section 53.066(a)),
Utilities Code, in SECTION 1 of the original with proposed Section
51.011(c), Utilities Code, in SECTION 1 of the substitute, to require a
telecommunications utility (utility) that makes an acquisition to which
this section applies, rather than a utility reporting its acquisition or
purchase of an exchange or exchanges under Sections 14.101 (Report of
Certain Transactions; Commission Consideration) or 51.010 (Commission
Investigation of Sale, Merger, or Certain Other Actions), Utilities Code,
to report the acquisition as provided by Sections 14.101 or 51.010.  The
substitute authorizes the utility to apply  to have the commission review
the acquisition in accordance with this section, rather than authorizing
the utility to elect to be subject to Public Utility Commission review
under this section to the extent an acquisition qualifies herein and the
utility makes the commitment specified herein. The substitute further
authorizes the utilities to apply jointly if a joint acquisition as
described by Subsection (c) is made.