| (a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context indicates otherwise.
(1) Distance learning--Instruction, learning, and training
that is transmitted from one site to one or more sites by telecommunications
services that are used by an educational institution predominantly
for such instruction, learning, or training, including video, data,
voice, and electronic information.
(2) Educational institution--Accredited primary or
secondary schools owned or operated by state and local government
entities or by private entities; institutions of higher education
as defined by the Education Code, §61.003(13); the Texas Education
Agency, its successors and assigns; regional education service centers
established and operated pursuant to the Education Code, Chapter 8;
and the Texas Higher Education Coordinating Board, its successors
and assigns.
(3) Health center--A federally qualified health center
delivery site.
(4) Information sharing program--Instruction, learning,
and training that is transmitted from one site to one or more sites
by telecommunications services that are used by a library predominantly
for such instruction, learning, or training, including video, data,
voice, and electronic information.
(5) Interactive multimedia communications--Real-time,
two-way, interactive voice, video, and data communications conducted
over networks that link geographically dispersed locations. This definition
includes interactive communications within or between buildings on
the same campus or library site.
(6) Library--Public library or regional library system
as defined by Government Code, §441.122, or a library operated
by an institution of higher education or a school district.
(b) Distance Learning Information Sharing Programs
and Interactive Multimedia Communications.
(1) Telecommunications services eligible for reduced
rates.
(A) Any tariffed service, if used predominantly for
distance learning purposes by an educational institution or for information
sharing program purposes by a library, is eligible for reduced rates,
as set forth in this section.
(B) A service is used predominantly for distance learning
purposes by an educational institution or for information sharing
program purposes by a library when over 50% of the traffic carried,
whether in video, data, voice, and/or electronic information, is identified
for such use pursuant to the requirements of paragraph (3) of this
subsection.
(2) Coordination with federal discounts
(A) For any discount received pursuant to §26.216
of this title (relating to Educational Percentage Discount Rates (E-Rates)),
an eligible school, library or consortia may apply such discount prior
to any discount received under paragraph (3) or (4) of this subsection.
Any subsequent discount received under this section shall apply to
the discounted E-Rate and not the tariffed rate.
(B) Any discount received under §26.216 of this
title will be applied subsequent to the rate obtained for services
offered pursuant to paragraph (5) of this subsection. For purposes
of determining the rate to which a discount pursuant to §26.216
of this title will apply, the rates offered under subsection (b)(5)
of this section qualify as the lowest corresponding price.
(3) Process by which an educational institution or
library qualifies for reduced rates other than through a customer-specific
contract. To qualify for a discounted rate, an educational institution
or library, as defined in subsection (a) of this section, must provide
a sworn affidavit to the dominant certificated telecommunications
utility account representative or, if no account representative is
assigned, to the business office of the utility.
(A) The affidavit shall:
(i) specify the requested service(s) to be discounted;
(ii) quantify, if applicable, the requested service(s)
to be discounted;
(iii) state that the discounted service(s) will be
used predominantly for distance learning purposes or information sharing
program purposes; and
(iv) specify the intended use(s) of the discounted
service(s).
(B) The affidavit shall be signed by the administrative
head of the institution (e.g., principal, president, chancellor) or
library, or a designee given the task and authority to execute the
affidavit on behalf of the educational institution or library requesting
the discounted rates.
(C) No other special form needs to be provided as part
of the application process.
(D) The educational institution or library shall provide
an affidavit each time it orders services that will be used predominantly
for distance learning purposes or information sharing program purposes.
(4) Interactive multimedia communications services.
Any dominant certificated telecommunications utility that provides
interactive multimedia communications services may file a tariff to
establish rates at levels necessary, using sound rate-making principles,
to recover costs associated with providing such services to educational
institutions or libraries. Those interactive multimedia communications
services used predominantly for distance learning or information sharing
program purposes, however, shall qualify for a 25% discount pursuant
to paragraph (3) of this subsection.
(5) Customer-specific contracts. When a service is
provided to an educational institution or library pursuant to §26.211
of this title (relating to Rate-Setting Flexibility for Services Subject
to Significant Competitive Challenges), the dominant certificated
telecommunications utility shall price those components of the service
used predominantly for distance learning or an information sharing
program no greater than 110%, including installation, of the customer-specific
long-run incremental cost.
(6) Cost determination. Notwithstanding paragraph (3)
and (4) of this subsection, once the commission develops cost determination
rules for telecommunications services generally, a reduced rate approved
under this section shall recover the service-specific long-run incremental
costs. In the case of interactive multimedia communications services,
however, the commission may allow a rate to be set lower than the
long-run incremental cost of a specific service if such is determined
to be in the public interest.
(c) Private Network Services for Certain Entities.
A PURA Chapter 58 or 59 electing company shall provide network services
to an educational institution; a library, defined as a public library
or regional library system as defined by Government Code §441.122,
or a library operated by an institution of higher education or a school
district; a nonprofit telemedicine center; a public or not-for-profit
hospital; a legally constituted consortium or group of these entities
listed herein; or a health center.
(1) Priority shall be given to rural areas, areas designated
as critically underserved either medically or educationally, and educational
institutions with high percentages of economically disadvantaged students.
(2) An electing company shall provide private network
services under a customer-specific contract.
(3) An electing company shall offer private network
service contracts under PURA Chapter 58, Subchapter G at 110% of the
long run incremental cost of providing the private network service,
including installation.
(4) An electing company shall file a flat monthly tariff
rate for point-to-point intraLATA 1.544 megabits a second service.
The tariff rate shall not be distance sensitive or higher than 110%
of the service's statewide average long run incremental cost, including
installation.
(5) On request of an entity listed in this subsection,
an electing company shall provide point-to-point 45 megabits a second
intraLATA services. The rate for the service shall not be higher than
110% of the service's long run incremental cost, including installation,
and must be provided under a customer-specific contract except that
any interoffice portion of the service must be recovered on a statewide
average basis that is not distance sensitive.
(6) An electing company shall provide to an entity
listed in this subsection, broadband digital special access service
to interexchange carriers, and the rate for the service shall not
be higher than 110% of the service's long run incremental cost, including
installation.
(7) On request of an entity listed in subsection (c)
of this section, an electing company shall provide expanded interconnection
(virtual collocation).
(8) On request of an educational institution or library
in an exchange of an electing company serving more than five million
access lines in which toll-free access to the Internet is not available,
an electing company shall make available a toll-free connection or
toll-free dialing arrangement that the institution or library may
use to obtain access to the Internet in an exchange in which toll-free
access to the Internet is available at no charge until Internet access
becomes available in the exchange of the requesting institution or
library. The electing company is not required to arrange for Internet
access or to pay Internet charges for the requesting institution or
library.
(9) The private network services provided under PURA
Chapter 58, Subchapter G may be interconnected with other similar
networks for distance learning, telemedicine, and information-sharing
purposes.
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