CHAPTER 57. DISTANCE LEARNING AND OTHER ADVANCED SERVICES - Texas Statutes

UTILITIES CODE

TITLE 2. PUBLIC UTILITY REGULATORY ACT

SUBTITLE C. TELECOMMUNICATIONS UTILITIES

CHAPTER 57. DISTANCE LEARNING AND OTHER ADVANCED SERVICES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 57.001. CONFLICT OF PROVISIONS. If this chapter conflicts

with another provision of this title, this chapter prevails.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER B. DISTANCE LEARNING AND INFORMATION SHARING

Sec. 57.021. DEFINITIONS. In this subchapter:

(1) "Distance learning" means an instruction, learning, or

training resource, including video, data, voice, or electronic

information, that is:

(A) used by an educational institution predominantly for

instruction, learning, or training; and

(B) transmitted from a site to one or more other sites by a

telecommunications service.

(2) "Educational institution" includes:

(A) an accredited primary or secondary school;

(B) an institution of higher education as defined by Section

61.003, Education Code;

(C) a private institution of higher education accredited by a

recognized accrediting agency as defined by Section 61.003,

Education Code;

(D) the Texas Education Agency and its successors and assigns;

(E) a regional education service center established and operated

in accordance with Chapter 8, Education Code; or

(F) the Texas Higher Education Coordinating Board and its

successors and assigns.

(3) "Library" means:

(A) a public library or regional library system as defined by

Section 441.122, Government Code; or

(B) a library operated by an institution of higher education or

a school district.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 57.022. REDUCED RATES FOR DISTANCE LEARNING OR INFORMATION

SHARING SERVICES. (a) The commission by rule shall require a

dominant carrier to file a tariff that includes a reduced rate

for a telecommunications service the commission finds is directly

related to:

(1) a distance learning activity that is or could be conducted

by an educational institution in this state; or

(2) an information sharing program that is or could be conducted

by a library in this state.

(b) The commission rules shall specify:

(1) each telecommunications service to which Subsection (a)

applies;

(2) the process for an educational institution or library to

qualify for a reduced rate;

(3) the date by which a dominant carrier is required to file a

tariff;

(4) guidelines and criteria that require the services and

reduced rates to further the goals prescribed by Section 57.023;

and

(5) any other requirement or term that the commission determines

to be in the public interest.

(c) The commission is not required to determine the long run

incremental cost of providing a service before approving a

reduced rate for the service.

(d) Until cost determination rules are developed and the rates

established under this section are changed as necessary to ensure

proper cost recovery, the reduced rates established by the

commission shall be equal to 75 percent of the otherwise

applicable rate.

(e) After the commission develops cost determination rules for

telecommunications services generally, the commission shall

ensure that a reduced rate approved under this section:

(1) recovers service-specific long run incremental costs; and

(2) avoids subsidizing an educational institution or a library.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 57.023. SERVICE AND RATE REQUIREMENTS. The services and

reduced rates must be designed to:

(1) encourage the development and offering of:

(A) distance learning activities by educational institutions;

and

(B) information sharing programs of libraries;

(2) meet the:

(A) distance learning needs identified by the educational

community; and

(B) information sharing needs identified by libraries; and

(3) recover the long run incremental costs of providing the

services, to the extent those costs can be identified, to avoid

subsidizing an educational institution or a library.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 57.024. TARIFF FILINGS. A tariff filed by a dominant

carrier under Section 57.022:

(1) may concern the implementation of this subchapter only;

(2) is not a rate change under Subchapter C, Chapter 53; and

(3) does not affect the carrier's other rates or services.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 57.025. CHANGES IN RATE PROGRAM. (a) An educational

institution, library, or dominant carrier may request the

commission to:

(1) provide for a reduced rate for a service that:

(A) is directly related to a distance learning activity or an

information sharing program; and

(B) is not covered by commission rules;

(2) change a rate;

(3) amend a tariff; or

(4) amend a commission rule.

(b) The commission shall take the action requested under

Subsection (a) if the commission determines the action is

appropriate.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER D. INTERACTIVE MULTIMEDIA COMMUNICATIONS

Sec. 57.071. DEFINITION. In this subchapter, "interactive

multimedia communications" means real-time, two-way, interactive

voice, video, and data communications conducted over networks

that link geographically dispersed locations.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 57.072. RATES FOR INTERACTIVE MULTIMEDIA COMMUNICATIONS.

(a) The commission shall permit a local exchange company that

provides an interactive multimedia communications service to

establish, using sound ratemaking principles, rates necessary to

recover costs associated with providing the service.

(b) A local exchange company may not establish a rate under

Subsection (a) that is less than the local exchange company's

long run incremental costs of providing the interactive

multimedia communications service, unless the commission

determines it to be in the public interest to do so.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.