Texas Utilities Code - Section 56.029. Universal Service Fund Study; Attestation Requirement
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§ 56.029. UNIVERSAL SERVICE FUND STUDY; ATTESTATION
REQUIREMENT.
Text of section effective until Sept. 1, 2007
(a) The commission shall conduct a review and evaluation of
whether the universal service fund accomplishes the fund's purposes
as prescribed by Section 56.021 and the commission's final orders
issued in Docket No. 18515 and Docket No. 18516. The evaluation
shall determine whether the fund's purposes have been sufficiently
achieved, whether the fund should be abolished or phased out,
whether the fund should be brought within the state treasury, and
whether the entities receiving those funds are spending the money
for its intended purposes. The evaluation must include a
forward-looking, comprehensive assessment of the appropriate use
of the money in the fund and the manner in which that money is
collected and disbursed.
(b) Not later than January 1, 2006, the commission shall
require telecommunications providers receiving disbursements under
the universal service fund to provide to the commission the
information that the commission determines is necessary to
discharge the commission's duties under this section, including
information necessary to review and evaluate how money is collected
for the universal service fund and expended.
(c) Information provided under Subsection (b) is
confidential and is not subject to disclosure under Chapter 552,
Government Code.
(d) The commission may classify telecommunications
providers as the commission considers appropriate for efficiency
and may permit providers to share the cost of developing
information the commission determines is necessary to discharge the
commission's responsibilities under this section.
(e) Not later than January 5, 2007, the commission shall
deliver to the legislature a report for the legislature's revision
and approval on the results of the review and evaluation. The
report must:
(1) include recommendations that are consistent with
the policies provided by this title;
(2) include the commission's assessment of the
universal service fund, including:
(A) how the money in the fund should be
collected;
(B) how the money in the fund should be disbursed
and the purposes for which the money should be used by the
telecommunications provider receiving the money; and
(C) any recommendations the commission has in
relation to accountability for use of the money in the fund,
including the usefulness of the attestation required by Subsection
(g); and
(3) include recommendations that ensure that a
telecommunications provider's support from the universal service
fund for a geographic area is consistent with Section 56.021 and the
commission's final orders issued in Docket No. 18515 and Docket No.
18516.
(f) The evaluation shall determine whether the fund's
purposes have been sufficiently achieved, whether the fund should
be abolished or phased out, whether the fund should be brought
within the state treasury, and whether the entities receiving those
funds are spending the money for its intended purposes.
(g) Not later than December 31, 2005, each
telecommunications provider receiving universal service fund money
shall file with the commission an affidavit attesting that the
money from the fund has been used in a manner that is consistent
with the purposes provided by Section 56.021 and the commission's
final orders issued in Docket No. 18515 and Docket No. 18516.
(h) In addition to the study required by this section, the
commission shall compile information necessary to determine
whether the current funding mechanism for the universal service
fund will be adequate in the future to sustain the purposes for
which the fund was created considering the development of new
technologies that are not subject to the existing funding mechanism
and the shift in jurisdictional control from this state to the
federal government. The commission shall also review and make
recommendations on any mechanisms adopted under Section 56.025.
Not later than January 5, 2007, the commission shall deliver to the
legislature a report on these issues. If the commission determines
that the existing funding mechanism is not adequate, or proposes to
change the manner or level of current funding, the commission must
include recommendations for alternative funding and basic service
pricing methods that will be adequate and are consistent with a
policy of technology and competitive neutrality in the assessment
of fees and other state-imposed economic burdens.
(i) This section expires September 1, 2007.
Added by Acts 2005, 79th Leg., 2nd C.S., ch. 2, § 15, eff. Sept.
1, 2005.
Section: 56.021 56.022 56.023 56.024 56.025 56.026 56.028 56.029 56.030 56.031 56.032 56.101 56.102 56.103 56.104
Last modified: August 10, 2007
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