1. (a) Significant changes have occurred in telecommunications since the law from which this title is derived was originally adopted. To encourage and accelerate the development of a competitive and advanced telecommunications environment and infrastructure, new rules, policies, and principles must be formulated and applied to protect the public interest. Changes in technology and market structure have increased the need for minimum standards of service quality, customer service, and fair business practices to ensure high-quality service to customers and a healthy marketplace where competition is permitted by law. It is the purpose of this subtitle to grant the commission authority to make and enforce rules necessary to protect customers of telecommunications services consistent with the public interest.

2. (b) It is the policy of this state to:

   1. (1) promote diversity of telecommunications providers and interconnectivity;
   2. (2) encourage a fully competitive telecommunications marketplace; and
   3. (3) maintain a wide availability of high quality, interoperable, standards-based telecommunications services at affordable rates.

3. (c) The policy goals described by Subsection (b) are best achieved by legislation that modernizes telecommunications regulation by:

   1. (1) guaranteeing the affordability of basic telephone service in a competitively neutral manner; and
   2. (2) fostering free market competition in the telecommunications industry.

4. (d) The technological advancements, advanced telecommunications infrastructure, and increased customer choices for telecommunications services generated by a truly competitive market play a critical role in Texas' economic future by raising living standards for Texans through:

   1. (1) enhanced economic development; and
   2. (2) improved delivery of education, health, and other public and private services.

5. (e) The strength of competitive forces varies widely between markets, products, and services. It is the policy of this state to require the commission to take action necessary to enhance competition by adjusting regulation to match the degree of competition in the marketplace to:

   1. (1) reduce the cost and burden of regulation; and
   2. (2) protect markets that are not competitive.

6. (f) It is the policy of this state to ensure that high quality telecommunications services are available, accessible, and usable by an individual with a disability, unless making the services available, accessible, or usable would:

   1. (1) result in an undue burden, including unreasonable cost or technical infeasibility; or
   2. (2) have an adverse competitive effect.
7. (g) It is the policy of this state to ensure that customers in all regions of this state, including low-income customers and customers in rural and high cost areas, have access to telecommunications and information services, including interexchange services, cable services, wireless services, and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at prices that are reasonably comparable to prices charged for similar services in urban areas. Not later than November 1, 1999, the commission shall begin a review and evaluation of the availability and the pricing of telecommunications and information services, including interexchange services, cable services, wireless services, and advanced telecommunications and information services, in rural and high cost areas, as well as the convergence of telecommunications services. The commission shall file a report with the legislature not later than January 1, 2001. The report must include the commission's recommendations on the issues reviewed and evaluated.

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

Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 4, eff. Sept. 1, 1999.