reglab/housing_qa huggingface dataset:
TX Util § 52.002 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter A. General Powers and Duties of Commission|Section 52.002. Authority to Regulate

Sec. 52.002.  AUTHORITY TO REGULATE.  (a)  To carry out the public policy stated by Section 52.001 and to regulate rates, operations, and services so that the rates are just, fair, and reasonable and the services are adequate and efficient, the commission has exclusive original jurisdiction over the business and property of a telecommunications utility in this state subject to the limitations imposed by this title.(b)  The commission's regulatory authority as to a telecommunications utility other than a public utility is only as prescribed by this title.(c)  The commission may not require a telecommunications utility that is not a public utility, including a deregulated or transitioning company, to comply with a requirement or standard that is more burdensome than a requirement or standard the commission imposes on a public utility.(d)  Notwithstanding any other law, a department, agency, or political subdivision of this state may not by rule, order, or other means directly or indirectly regulate rates charged for, service or contract terms for, conditions for, or requirements for entry into the market for Voice over Internet Protocol services or other Internet Protocol enabled services.  This subsection does not:(1)  affect requirements pertaining to use of a right-of-way or payment of right-of-way fees applicable to Voice over Internet Protocol services under Chapter 283, Local Government Code;(2)  affect any person's obligation to provide video or cable service, as defined under applicable state or federal law, the applicability of Chapter 66, or a requirement to make a payment under Chapter 66;(3)  require or prohibit assessment of enhanced 9-1-1, relay access service, or universal service fund fees on Voice over Internet Protocol service;(4)  affect any entity's obligations under Sections 251 and 252, Communications Act of 1934 (47 U.S.C. Sections 251 and 252), or a right granted to an entity by those sections;(5)  affect any applicable wholesale tariff;(6)  grant, modify, or affect the authority of the commission to implement, carry out, or enforce the rights or obligations provided by Sections 251 and 252, Communications Act of 1934 (47 U.S.C. Sections 251 and 252), or of an applicable wholesale tariff through arbitration proceedings or other available mechanisms and procedures;(7)  require or prohibit payment of switched network access rates or other intercarrier compensation rates, as applicable;(8)  limit any commission authority over the subjects listed in Subdivisions (1)-(7) or grant the commission any authority over those subjects; or(9)  affect the assessment, administration, collection, or enforcement of any tax or fee over which the comptroller has authority.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 3, eff. September 1, 2011.|
TX Util § 52.003 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter A. General Powers and Duties of Commission|Section 52.003. Cooperation With Other Regulatory Authorities

Sec. 52.003.  COOPERATION WITH OTHER REGULATORY AUTHORITIES.  In regulating the rates, operations, and services of a telecommunications utility providing service in a municipality located on the state line adjacent to a municipality in an adjoining state, the commission may cooperate with the utility regulatory commission of the adjoining state or of the federal government and may hold a joint hearing or make a joint investigation with that commission.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 52.004 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter A. General Powers and Duties of Commission|Section 52.004. Commission May Establish Separate Markets

Sec. 52.004.  COMMISSION MAY ESTABLISH SEPARATE MARKETS.  (a)  The commission may establish separate telecommunications markets in this state if the commission determines that the public interest will be served.  The commission shall hold hearings and require evidence as necessary to:(1)  carry out the public purpose of this chapter;  and(2)  determine the need and effect of establishing separate markets.(b)  A provider determined to be a dominant carrier as to a particular telecommunications service in a market may not be presumed to be a dominant carrier of a different telecommunications service in that market.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 52.005 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter A. General Powers and Duties of Commission|Section 52.005. Minimum Requirements for Dominant Carriers

Sec. 52.005.  MINIMUM REQUIREMENTS FOR DOMINANT CARRIERS.  The commission shall impose as minimum requirements for a dominant carrier the same requirements imposed by Subchapter C, except Section 52.107.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 52.006 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter A. General Powers and Duties of Commission|Section 52.006. Commission to Report to Legislature

Sec. 52.006.  COMMISSION TO REPORT TO LEGISLATURE.  (a)  Before January 15 of each odd-numbered year, the commission shall report to the legislature on:(1)  the scope of competition in regulated telecommunications markets;  and(2)  the effect of competition on customers in both competitive and noncompetitive markets, with a specific focus on rural markets.(b)  The report shall include:(1)  an assessment of the effect of competition on the rates and availability of telecommunications services for residential and business customers;(2)  a summary of commission action over the preceding two years that reflects changes in the scope of competition in regulated telecommunications markets;  and(3)  recommendations for legislation the commission determines is appropriate to promote the public interest in the context of a partially competitive telecommunications market.(c)  The commission, in its assessment under Subsection (b)(1), shall specifically address any effects on universal service.(d)  A telecommunications utility shall cooperate with the commission as necessary for the commission to satisfy the requirements of this section.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 52.051 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter B. Incumbent Local Exchange Companies|Section 52.051. Policy

Sec. 52.051.  POLICY.  In adopting rules and establishing procedures under this subchapter, the commission shall:(1)  attempt to balance the public interest in a technologically advanced telecommunications system providing a wide range of new and innovative services with traditional regulatory concerns for:(A)  preserving universal service;(B)  prohibiting anticompetitive practices;  and(C)  preventing the subsidization of competitive services with revenues from regulated monopoly services;  and(2)  incorporate an appropriate mix of regulatory and market mechanisms reflecting the level and nature of competition in the marketplace.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 52.052 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter B. Incumbent Local Exchange Companies|Section 52.052. Applicability

Sec. 52.052.  APPLICABILITY.  This subchapter does not apply to basic local telecommunications service, including local measured service.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 52.053 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter B. Incumbent Local Exchange Companies|Section 52.053. Certain Rates Prohibited

Sec. 52.053.  CERTAIN RATES PROHIBITED.  A rate established under this subchapter may not be:(1)  unreasonably preferential, prejudicial, or discriminatory;(2)  subsidized either directly or indirectly by a regulated monopoly service;  or(3)  predatory or anticompetitive.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 52.054 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter B. Incumbent Local Exchange Companies|Section 52.054. Rules and Procedures for Incumbent Local Exchange Companies

Sec. 52.054.  RULES AND PROCEDURES FOR INCUMBENT LOCAL EXCHANGE COMPANIES.  (a)  To carry out the public policy stated in Section 52.001, notwithstanding any other provision of this title, the commission may adopt rules and establish procedures applicable to incumbent local exchange companies to:(1)  determine the level of competition in a specific telecommunications market or submarket;  and(2)  provide appropriate regulatory treatment to allow an incumbent local exchange company to respond to significant competitive challenges.(b)  This section does not change the burden of proof on an incumbent local exchange company under Sections 53.003, 53.006, 53.051, 53.052, 53.053, 53.054, 53.055, 53.057, 53.058, 53.060, and 53.062.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 52.055 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter B. Incumbent Local Exchange Companies|Section 52.055. Hearing to Determine Level of Competition

Sec. 52.055.  HEARING TO DETERMINE LEVEL OF COMPETITION.  In determining the level of competition in a specific market or submarket, the commission shall hold an evidentiary hearing to consider:(1)  the number and size of telecommunications utilities or other persons providing the same, equivalent, or substitutable service;(2)  the extent to which the same, equivalent, or substitutable service is available;(3)  the ability of a customer to obtain the same, equivalent, or substitutable service at comparable rates and terms;(4)  the ability of a telecommunications utility or other person to make the same, equivalent, or substitutable service readily available at comparable rates and terms;(5)  the existence of a significant barrier to the entry or exit of a provider of the service;  and(6)  other relevant information the commission determines is appropriate.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 52.056 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter B. Incumbent Local Exchange Companies|Section 52.056. Specifically Authorized Regulatory Treatments

Sec. 52.056.  SPECIFICALLY AUTHORIZED REGULATORY TREATMENTS.  The regulatory treatments the commission may implement under Section 52.054 include:(1)  approval of a range of rates for a specific service; and(2)   the detariffing of rates.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 21 (S.B. 983), Sec. 1, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 5, eff. September 1, 2011.|
TX Util § 52.058 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter B. Incumbent Local Exchange Companies|Section 52.058. General Provisions Relating to New or Experimental Services or Promotional Rates

Sec. 52.058.  GENERAL PROVISIONS RELATING TO NEW OR EXPERIMENTAL SERVICES OR PROMOTIONAL RATES.  (a)  To encourage the rapid introduction of new or experimental services or promotional rates, the commission shall adopt rules and establish procedures that allow:(1)  the expedited introduction of new or experimental services or promotional rates;(2)  the establishment and adjustment of rates;  and(3)  the withdrawal of those services or promotional rates.(b)  The rules and procedures described by Subsection (a) must include rules and procedures to allow the governing body of a municipality served by an incumbent local exchange company having more than 500,000 access lines in this state to make requests to the commission for new or experimental services or promotional rates.(c)  A rate established or adjusted at the request of a municipality may not:(1)  result in higher rates for ratepayers outside the municipal boundaries;  or(2)  include a rate for incumbent local exchange company interexchange service or interexchange carrier access service.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 7, eff. Sept. 1, 1999.|
TX Util § 52.0583 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter B. Incumbent Local Exchange Companies|Section 52.0583. New Services

Sec. 52.0583.  NEW SERVICES.  (a)  An incumbent local exchange company may introduce a new service 10 days after providing an informational notice to the commission, to the office, and to any person who holds a certificate of operating authority in the incumbent local exchange company's certificated area or areas or who has an effective interconnection agreement with the incumbent local exchange company.(b)  An incumbent local exchange company shall price each new service at or above the service's long run incremental cost.  The commission shall allow a company serving fewer than one million access lines in this state to establish a service's long run incremental cost by adopting, at that company's option, the cost studies of a larger company for that service that have been accepted by the commission.(c)  An affected person, the office on behalf of residential or small commercial customers, or the commission may file a complaint at the commission challenging whether the pricing by an incumbent local exchange company of a new service is in compliance with Subsection (b).(d)  If a complaint is filed under Subsection (c), the incumbent local exchange company has the burden of proving that the company set the price for the new service in accordance with the applicable provisions of this subchapter.  If the complaint is finally resolved in favor of the complainant, the company:(1)  shall, not later than the 10th day after the date the complaint is finally resolved, amend the price of the service as necessary to comply with the final resolution;  or(2)  may, at the company's option, discontinue the service.(e)  A company electing incentive regulation under Chapter 58 or 59 may introduce new services only in accordance with the applicable provisions of Chapter 58 or 59.|Added by Acts 1999, 76th Leg., ch. 1212, Sec. 8, eff. Sept. 1, 1999.|
TX Util § 52.0584 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter B. Incumbent Local Exchange Companies|Section 52.0584. Pricing and Packaging Flexibility; Customer Promotional Offerings

Sec. 52.0584.  PRICING AND PACKAGING FLEXIBILITY;  CUSTOMER PROMOTIONAL OFFERINGS.  (a)  Notwithstanding any other provision of this title, an incumbent local exchange company may exercise pricing flexibility in accordance with this section, including the packaging of any regulated service such as basic local telecommunications service with any other regulated or unregulated service or any service of an affiliate.  The company may exercise pricing flexibility 10 days after providing an informational notice to the commission, to the office, and to any person who holds a certificate of operating authority in the incumbent local exchange company's certificated area or areas or who has an effective interconnection agreement with the incumbent local exchange company.  Pricing flexibility includes all pricing arrangements included in the definition of "pricing flexibility" prescribed by Section 51.002 and includes packaging of any regulated service with any unregulated service or any service of an affiliate.(b)  An incumbent local exchange company, at the company's option, shall price each regulated service offered separately or as part of a package under Subsection (a) at either the service's tariffed rate or at a rate not lower than the service's long run incremental cost.  The commission shall allow a company serving fewer than one million access lines in this state to establish a service's long run incremental cost by adopting, at that company's option, the cost studies of a larger company for that service that have been accepted by the commission.(c)  An affected person, the office on behalf of residential or small commercial customers, or the commission may file a complaint alleging that an incumbent local exchange company has priced a regulated service in a manner that does not meet the pricing standards of this subchapter.  The complaint must be filed before the 31st day after the date the company implements the rate.(d)  A company electing incentive regulation under Chapter 58 or 59 may use pricing and packaging flexibility and introduce customer promotional offerings only in accordance with the applicable provisions of Chapter 58 or 59.|Added by Acts 1999, 76th Leg., ch. 1212, Sec. 8, eff. Sept. 1, 1999.|
TX Util § 52.0585 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter B. Incumbent Local Exchange Companies|Section 52.0585. Customer Promotional Offerings

Sec. 52.0585.  CUSTOMER PROMOTIONAL OFFERINGS.  (a)  An incumbent local exchange company may offer a promotion for a regulated service for not more than 90 days in any 12-month period.(b)  The company shall file with the commission a promotional offering that consists of:(1)  waiver of installation charges or service order charges, or both, for not more than 90 days in a 12-month period;  or(2)  a temporary discount of not more than 25 percent from the tariffed rate for not more than 60 days in a 12-month period.(c)  An incumbent local exchange company is not required to obtain commission approval to make a promotional offering described by Subsection (b).(d)  An incumbent local exchange company may offer a promotion of any regulated service as part of a package of services consisting of any regulated service with any other regulated or unregulated service or any service of an affiliate.|Added by Acts 1999, 76th Leg., ch. 1212, Sec. 8, eff. Sept. 1, 1999.|
TX Util § 52.059 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter B. Incumbent Local Exchange Companies|Section 52.059. Rates to Cover Appropriate Costs

Sec. 52.059.  RATES TO COVER APPROPRIATE COSTS.  (a)  The commission by rule shall adopt standards necessary to ensure that a rate established under this subchapter covers appropriate costs as determined by the commission.(b)  Until standards are set under Subsection (a), the commission shall use a costing methodology that is in the public interest to determine whether a rate established under this subchapter covers appropriate costs.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 52.060 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter B. Incumbent Local Exchange Companies|Section 52.060. Administrative Fee or Assessment

Sec. 52.060.  ADMINISTRATIVE FEE OR ASSESSMENT.  The commission may prescribe and collect a fee or assessment from local exchange companies necessary to recover the cost to the commission and to the office of activities carried out and services provided under this subchapter and Section 52.006.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 52.101 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers|Section 52.101. Applicability

Sec. 52.101.  APPLICABILITY.  This subchapter applies only to a telecommunications utility that is not:(1)  a dominant carrier;  or(2)  the holder of a certificate of operating authority or a service provider certificate of operating authority.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 52.102 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers|Section 52.102. Limited Regulatory Authority

Sec. 52.102.  LIMITED REGULATORY AUTHORITY.  (a)  Except as otherwise provided by this subchapter, Subchapters D and K, Chapter 55, and Section 55.011, the commission has only the following jurisdiction over a telecommunications utility subject to this subchapter:(1)  to require registration under Section 52.103;(2)  to conduct an investigation under Section 52.104;(3)  to require the filing of reports as the commission periodically directs;(4)  to require the maintenance of statewide average rates or prices of telecommunications service;(5)  to require a telecommunications utility that had more than six percent of the total intrastate access minutes of use as measured for the most recent 12-month period to pass switched access rate reductions under this title to customers as required by Section 52.112;(6)  to require access to telecommunications service under Section 52.105;  and(7)  to require the quality of telecommunications service provided to be adequate under Section 52.106.(b)  The authority provided by Subsection (a)(5) expires on the date on which Section 52.112 expires.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.04(a), eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1212, Sec. 9, eff. Sept. 1, 1999.|
TX Util § 52.103 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 52 - Commission Jurisdiction|Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers|Section 52.103. Registration Required

Sec. 52.103.  REGISTRATION REQUIRED.  (a)  A telecommunications utility shall register with the commission not later than the 30th day after the date the utility commences service to the public.(b)  A telecommunications utility that registers under Subsection (a) shall file with the commission a description of:(1)  the location and type of service provided;(2)  the price to the public of that service;  and(3)  other registration information the commission directs.(c)  An interexchange telecommunications utility doing business in this state shall maintain on file with the commission tariffs or lists governing the terms of providing its services.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|