reglab/housing_qa huggingface dataset:
TX Util § 54.253 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 54 - Certificates|Subchapter F. Regulation of Services, Areas, and Facilities|Section 54.253. Discontinuation of Service by Certain Certificate Holders

Sec. 54.253.  DISCONTINUATION OF SERVICE BY CERTAIN CERTIFICATE HOLDERS.  (a)  A telecommunications utility that holds a certificate of operating authority or a service provider certificate of operating authority may:(1)  cease operations in the utility's certificated area;  or(2)  discontinue an optional service that is not essential to providing basic local telecommunications service.(b)  Before the telecommunications utility ceases operations or discontinues an optional service, the utility, in the manner required by the commission, must give notice of the intended action to:(1)  the commission;(2)  each affected customer;(3)  the Commission on State Emergency Communications;(4)  the office;  and(5)  each wholesale provider of telecommunications facilities or services from which the utility has purchased facilities or services.(c)  The telecommunications utility is entitled to discontinue an optional service on or after the 61st day after the date the utility gives the notice.(d)  The telecommunications utility may not cease operations in its certificated area unless the commission authorizes the utility to cease operations and:(1)  another provider of basic local telecommunications services has adequate facilities and capacity to serve the customers in the certificated area;  or(2)  the utility is an "exiting utility," as that term is defined by Section 54.301, no other telecommunications utility has facilities sufficient to provide basic local telecommunications service in the defined geographic area, and the utility acts in good faith to provide for a transition of the utility's existing basic local telecommunications service customers to another holder of a certificate for that area.(e)  The commission may not authorize the telecommunications utility to cease operations under Subsection (d) before the 61st day after the date the utility gives the notice required by Subsection (b).  Unless the commission receives a complaint from an affected person, the commission may enter an order under this subsection administratively.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 76, Sec. 3, eff. Sept. 1, 2003.|
TX Util § 54.254 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 54 - Certificates|Subchapter F. Regulation of Services, Areas, and Facilities|Section 54.254. Required Refusal of Service

Sec. 54.254.  REQUIRED REFUSAL OF SERVICE.  A holder of a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority shall refuse to serve a customer in the holder's certificated area if the holder is prohibited from providing the service under Section 212.012, 232.029, or 232.0291, Local Government Code.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 708 (S.B. 425), Sec. 14, eff. September 1, 2005.|
TX Util § 54.255 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 54 - Certificates|Subchapter F. Regulation of Services, Areas, and Facilities|Section 54.255. Transfer of Certain Certificates

Sec. 54.255.  TRANSFER OF CERTAIN CERTIFICATES.  (a)  A telecommunications utility may sell, assign, or lease a certificate of convenience and necessity or a certificate of operating authority or a right obtained under such a certificate if the commission determines that the purchaser, assignee, or lessee can provide adequate service.(b)  The sale, assignment, or lease of a certificate or a right is subject to conditions the commission prescribes.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 54.256 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 54 - Certificates|Subchapter F. Regulation of Services, Areas, and Facilities|Section 54.256. Application of Contracts

Sec. 54.256.  APPLICATION OF CONTRACTS.  A contract approved by the commission between telecommunications utilities that designates areas and customers to be served by the utilities:(1)  is valid and enforceable;  and(2)  shall be incorporated into the appropriate areas of certification.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 54.257 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 54 - Certificates|Subchapter F. Regulation of Services, Areas, and Facilities|Section 54.257. Interference With Another Telecommunications Utility

Sec. 54.257.  INTERFERENCE WITH ANOTHER TELECOMMUNICATIONS UTILITY.  If a telecommunications utility constructing or extending the utility's lines, plant, or system interferes or attempts to interfere with the operation of a line, plant, or system of another utility, the commission by order may:(1)  prohibit the construction or extension;  or(2)  prescribe terms for locating the affected lines, plants, or systems.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 54.258 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 54 - Certificates|Subchapter F. Regulation of Services, Areas, and Facilities|Section 54.258. Maps

Sec. 54.258.  MAPS.  A public utility shall file with the commission one or more maps that show each utility facility and that separately illustrate each utility facility for transmission or distribution of the utility's services on a date the commission orders.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 54.259 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 54 - Certificates|Subchapter F. Regulation of Services, Areas, and Facilities|Section 54.259. Discrimination by Property Owner Prohibited

Sec. 54.259.  DISCRIMINATION BY PROPERTY OWNER PROHIBITED.  (a)  If a telecommunications utility holds a consent, franchise, or permit as determined to be the appropriate grants of authority by the municipality and holds a certificate if required by this title, a public or private property owner may not:(1)  prevent the utility from installing on the owner's property a telecommunications service facility a tenant requests;(2)  interfere with the utility's installation on the owner's property of a telecommunications service facility a tenant requests;(3)  discriminate against such a utility regarding installation, terms, or compensation of a telecommunications service facility to a tenant on the owner's property;(4)  demand or accept an unreasonable payment of any kind from a tenant or the utility for allowing the utility on or in the owner's property;  or(5)  discriminate in favor of or against a tenant in any manner, including rental charge discrimination, because of the utility from which the tenant receives a telecommunications service.(b)  Subsection (a) does not apply to an institution of higher education.  In this subsection, "institution of higher education" means:(1)  an institution of higher education as defined by Section 61.003, Education Code;  or(2)  a private or independent institution of higher education as defined by Section 61.003, Education Code.(c)  Notwithstanding any other law, the commission has the jurisdiction to enforce this section.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 54.260 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 54 - Certificates|Subchapter F. Regulation of Services, Areas, and Facilities|Section 54.260. Property Owner's Conditions

Sec. 54.260.  PROPERTY OWNER'S CONDITIONS.  (a)  Notwithstanding Section 54.259, if a telecommunications utility holds a municipal consent, franchise, or permit as determined to be the appropriate grant of authority by the municipality and holds a certificate if required by this title, a public or private property owner may:(1)  impose a condition on the utility that is reasonably necessary to protect:(A)  the safety, security, appearance, and condition of the property;  and(B)  the safety and convenience of other persons;(2)  impose a reasonable limitation on the time at which the utility may have access to the property to install a telecommunications service facility;(3)  impose a reasonable limitation on the number of such utilities that have access to the owner's property, if the owner can demonstrate a space constraint that requires the limitation;(4)  require the utility to agree to indemnify the owner for damage caused installing, operating, or removing a facility;(5)  require the tenant or the utility to bear the entire cost of installing, operating, or removing a facility;  and(6)  require the utility to pay compensation that is reasonable and nondiscriminatory among such telecommunications utilities.(b)  Notwithstanding any other law, the commission has the jurisdiction to enforce this section.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 54.261 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 54 - Certificates|Subchapter F. Regulation of Services, Areas, and Facilities|Section 54.261. Shared Tenant Services Contract

Sec. 54.261.  SHARED TENANT SERVICES CONTRACT.  Sections 54.259 and 54.260 do not require a public or private property owner to enter into a contract with a telecommunications utility to provide shared tenant services on a property.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 54.301 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 54 - Certificates|Subchapter G. Provider of Last Resort|Section 54.301. Definitions

Sec. 54.301.  DEFINITIONS.  In this subchapter:(1)  "Exiting utility" means a telecommunications utility that:(A)  holds a certificate of operating authority or a service provider certificate of operating authority;(B)  is the predominant provider of basic local telecommunications service in a defined geographic area and provides those services using the utility's own facilities;  and(C)  ceases operations in all or part of the utility's certificated service area under Section 54.253 or 54.303.(2)  "Provider of last resort" means a certificated telecommunications utility that must offer basic local telecommunications service throughout a defined geographic area.(3)  "Successor utility" means a telecommunications utility that holds a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority, and that is or is designated to become the provider of last resort for the defined geographic area previously served by an exiting utility.|Added by Acts 2003, 78th Leg., ch. 76, Sec. 4, eff. Sept. 1, 2003.|
TX Util § 54.3015 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 54 - Certificates|Subchapter G. Provider of Last Resort|Section 54.3015. Applicability of Subchapter

Sec. 54.3015.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to a transitioning company under Chapter 65 in relation to its regulated exchanges in the same manner and to the same extent this subchapter applies to a holder of a certificate of convenience and necessity.|Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 8, eff. September 7, 2005.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 7, eff. September 1, 2011.|
TX Util § 54.302 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 54 - Certificates|Subchapter G. Provider of Last Resort|Section 54.302. Provider of Last Resort; Facilities-Based Providers

Sec. 54.302.  PROVIDER OF LAST RESORT;  FACILITIES-BASED PROVIDERS.  (a)   Notwithstanding any other provision of this title, if a telecommunications utility installs facilities to serve customers located in a defined geographic area to provide telecommunications services, including basic local telecommunications service, before the holder of the certificate of convenience and necessity installs facilities to serve customers located in that defined geographic area, the holder of the certificate of convenience and necessity may petition the commission for an order relieving the utility of the utility's designation as the provider of last resort in that defined geographic area.(b)  The commission shall relieve the holder of the certificate of convenience and necessity of the obligations of service as the provider of last resort for the defined geographic area, and the commission shall designate the facilities-based telecommunications utility as the provider of last resort if the commission determines that:(1)  the holder of the certificate of convenience and necessity does not have facilities in place to provide basic local telecommunications service to all customers within that defined geographic area;(2)  another certificated telecommunications utility has installed facilities adequate to provide that service throughout that area;  and(3)  the public interest would be served by transferring the provider of last resort obligations for that area.(c)  The commission shall complete proceedings necessary to make the determinations prescribed by this section not later than the 91st day after the date the petition is filed under Subsection (a).|Added by Acts 2003, 78th Leg., ch. 76, Sec. 4, eff. Sept. 1, 2003.|
TX Util § 54.303 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 54 - Certificates|Subchapter G. Provider of Last Resort|Section 54.303. Successor Telecommunications Utility When No Sufficient Facilities Exist

Sec. 54.303.  SUCCESSOR TELECOMMUNICATIONS UTILITY WHEN NO SUFFICIENT FACILITIES EXIST.  (a)  When the commission obtains notice as required under Section 54.253 or otherwise that a utility intends to become an exiting utility and no other telecommunications utility has facilities sufficient to provide basic local telecommunications service in that defined geographic area, the commission shall open a contested case proceeding to determine:(1)  the identity of the successor utility under this section;  and(2)  the amount of universal service funding under Subchapter G, Chapter 56, to be made available to the successor utility.(b)  On designation as the successor utility under this section, the commission, if applicable, shall provide to the successor utility:(1)  a reasonable time, in accordance with industry practices and not subject to otherwise applicable commission service quality rules or standards, to modify, construct, or obtain facilities necessary to serve the customers of the exiting telecommunications utility;  and(2)  an exemption on a transitional basis from any obligation to unbundle the utility's network elements or to provide service for resale within that defined geographic area for nine months or another reasonable period the commission may authorize as necessary to modify the utility's network to provide that unbundling or resale.(c)  A customer within the defined geographic area to be served by the successor utility is considered to have applied for service from the successor utility on the effective date of that designation by the commission.  Each right, privilege, and obligation of being a customer of the successor utility applies to that customer and the customer is subject to the successor utility's applicable terms of service as specified in an applicable tariff or contract.|Added by Acts 2003, 78th Leg., ch. 76, Sec. 4, eff. Sept. 1, 2003.|
TX Util § 54.304 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 54 - Certificates|Subchapter G. Provider of Last Resort|Section 54.304. Abandonment or Cessation by Facilities-Based Provider; Emergency Restoration

Sec. 54.304.  ABANDONMENT OR CESSATION BY FACILITIES-BASED PROVIDER;  EMERGENCY RESTORATION.  (a)  The commission, on its own motion or on the petition of an interested party, may institute an expedited proceeding under this section if the commission finds that:(1)  a holder of a certificate of operating authority or service provider certificate of operating authority is the predominant provider of basic local telecommunications service in a defined geographic area and the utility provides that service using the utility's own facilities;(2)  no other telecommunications utility has facilities sufficient to provide basic local telecommunications service in that defined geographic area;  and(3)  the holder of the certificate of operating authority or service provider certificate of operating authority has:(A)  ceased providing basic local telecommunications service to the utility's customers in that defined geographic area;  or(B)  abandoned the operation of the utility's facilities in the defined geographic area that are used to provide basic local telecommunications service.(b)  In a proceeding under this section, the commission may declare that an emergency exists and issue any order necessary to protect the health, safety, and welfare of affected customers of the utility and to expedite the restoration and continuation of basic local telecommunications service to those customers.  An order issued by the commission under this subsection may include an order to:(1)  provide for a temporary arrangement for operation of the utility's facilities by an uncertificated entity that agrees to provide service;(2)  authorize one or more third parties to enter the premises of the abandoned facilities;  or(3)  grant temporary waivers from quality of service requirements.(c)  The commission may designate a successor utility in accordance with Section 54.303 during a proceeding under this section.|Added by Acts 2003, 78th Leg., ch. 76, Sec. 4, eff. Sept. 1, 2003.|
TX Util § 54.305 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 54 - Certificates|Subchapter G. Provider of Last Resort|Section 54.305. Commission Participation in Bankruptcy Proceedings

Sec. 54.305.  COMMISSION PARTICIPATION IN BANKRUPTCY PROCEEDINGS.  (a)   The commission, on written notice that a certificated telecommunications utility has filed a petition in bankruptcy or is the subject of an involuntary petition in bankruptcy, may inform the appropriate court and parties of the commission's interest in obtaining notice of proceedings.(b)  Within the time prescribed by the applicable statutes, rules, and court orders, the commission may intervene and participate in any bankruptcy proceedings that affect customers or providers of telecommunications services in this state.(c)  The office may inform the appropriate court and parties of the office's interest in obtaining notice of the proceedings.  Within the time prescribed by the applicable statutes, rules, and court orders, the office may intervene and participate in any bankruptcy proceeding on behalf of residential and small commercial customers.|Added by Acts 2003, 78th Leg., ch. 76, Sec. 4, eff. Sept. 1, 2003.|
TX Util § 55.001 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 55 - Regulation of Telecommunications Services|Subchapter A. General Provisions|Section 55.001. General Standard

Sec. 55.001.  GENERAL STANDARD.  A public utility shall furnish service, instrumentalities, and facilities that are safe, adequate, efficient, and reasonable.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 55.002 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 55 - Regulation of Telecommunications Services|Subchapter A. General Provisions|Section 55.002. Commission Authority Concerning Standards

Sec. 55.002.  COMMISSION AUTHORITY CONCERNING STANDARDS.  The commission, on its own motion or on complaint and after reasonable notice and hearing, may:(1)  adopt just and reasonable standards, classifications, rules, or practices a public utility must follow in furnishing a service;(2)  adopt adequate and reasonable standards for measuring a condition, including quantity and quality, relating to the furnishing of a service;(3)  adopt reasonable rules for examining, testing, and measuring a service;  and(4)  adopt or approve reasonable rules, specifications, and standards to ensure the accuracy of equipment, including meters and instruments, used to measure a service.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 55.003 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 55 - Regulation of Telecommunications Services|Subchapter A. General Provisions|Section 55.003. Rule or Standard

Sec. 55.003.  RULE OR STANDARD.  (a)  A public utility may not impose a rule except as provided by this title.(b)  A public utility may file with the commission a standard, classification, rule, or practice the utility follows.(c)  The standard, classification, rule, or practice continues in force until:(1)  amended by the utility;  or(2)  changed by the commission as provided by this subtitle.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 55.004 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 55 - Regulation of Telecommunications Services|Subchapter A. General Provisions|Section 55.004. Local Exchange Company Rule or Practice Change

Sec. 55.004.  LOCAL EXCHANGE COMPANY RULE OR PRACTICE CHANGE.  (a)  To make a change in an incumbent local exchange company's tariffed rules or practices that does not affect the company's charges or rates, the company must file the proposed change with the commission at least 35 days before the effective date of the change.  The commission may require the incumbent local exchange company to provide to ratepayers appropriate notice as determined by the commission.(b)  The commission, on complaint by an affected person or on its own motion and after reasonable notice, may hold a hearing to determine the propriety of a change proposed under this section.  Pending the hearing and decision, the commission may suspend the change for not longer than 120 days after the date the change would otherwise be effective.  The commission shall approve, deny, or modify the change before the period of suspension expires.(c)  In a proceeding under this section, the incumbent local exchange company has the burden of proving the proposed change:(1)  is in the public interest;  and(2)  complies with this title.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 55.005 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 55 - Regulation of Telecommunications Services|Subchapter A. General Provisions|Section 55.005. Unreasonable Preference or Prejudice Concerning Service Prohibited

Sec. 55.005.  UNREASONABLE PREFERENCE OR PREJUDICE CONCERNING SERVICE PROHIBITED.  In providing a service to persons in a classification, a public utility may not:(1)  grant an unreasonable preference or advantage to a person in the classification;  or(2)  subject a person in the classification to an unreasonable prejudice or disadvantage.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|