HBA-TYH H.B. 3393 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3393
By: Brimer
State Affairs
4/21/1999
Introduced



BACKGROUND AND PURPOSE 

Current Internet technology allows Texas communities access to television
cable lines that carry both internet and telephone services.  However, some
owners of the cable lines installed in the homes refuse to give Texas
Internet customers a free choice in Internet service providers.  H.B. 3393
requires each wireline broadband Internet access transport provider who is
an Internet service provider to provide any other requesting Internet
service provider access to its broadband Internet access transport
services, unbundled from the provision of content, on rates, terms, and
conditions that are at least as favorable as those on which it provides
such access to itself, to its affiliate, or to any other person.  This bill
also requires such access to be provided at any technically feasible point
selected by the requesting Internet service provider.  This would provide
Texas Internet customers with open access to their choice of Internet
service providers. 

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 Section 61.001, Utilities Code, to define "broadband,"
"broadband Internet access transport services," "Internet," "Internet
service provider," and "wireline broadband Internet access transport
provider."  Redesignates Subdivisions (1)-(5) to Subdivisions (5)-(9). 

SECTION 2.  Amends Subchapter B, Chapter 61, Utilities Code, by adding
Section 61.027, as follows: 

Sec. 61.027.  DUTY OF CERTAIN PROVIDERS.  Requires each wireline broadband
Internet access transport provider who is, or is an affiliate of, an
Internet service provider to provide any other requesting Internet service
provider access to its broadband Internet access transport services,
unbundled from the provision of content, on rates, terms, and conditions
that are at least as favorable as those on which it provides such access to
itself, to its affiliate, or to any other person.  Requires such access to
be provided at any technically feasible point selected by the requesting
Internet service provider.  

SECTION 3.  Emergency clause.
  Effective date: upon passage.