reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter E. Telecommunications Number Portability › Section 60.081. Definition

Sec. 60.081.  DEFINITION.  In this subchapter, "telecommunications number portability" means the ability of a telecommunications services user who is changing from one telecommunications service provider to another provider to retain a telephone number, to the extent technically feasible, without impairing the quality, reliability, or convenience of service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter E. Telecommunications Number Portability › Section 60.082. Portability Guidelines

Sec. 60.082.  PORTABILITY GUIDELINES.  (a)  Because a uniform national number plan is valuable and necessary to this state, the commission by rule shall adopt guidelines governing telecommunications number portability and the assignment of telephone numbers in a competitively neutral manner.
(b)  The rules may not be inconsistent with the rules and regulations of the Federal Communications Commission regarding telecommunications number portability.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter E. Telecommunications Number Portability › Section 60.083. Interim Retention of Consumer Numbers

Sec. 60.083.  INTERIM RETENTION OF CONSUMER NUMBERS.  As an interim measure, the commission shall adopt reasonable mechanisms, including, at minimum, the use of call forwarding and direct inward dialing, to allow consumers to retain their telephone numbers.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter E. Telecommunications Number Portability › Section 60.084. Rates for Interim Portability Measures

Sec. 60.084.  RATES FOR INTERIM PORTABILITY MEASURES.  (a)  An incumbent local exchange company with one million or more access lines shall file tariffs, and the commission shall determine reasonable rates to be charged by the company for:
(1)  call forwarding;
(2)  direct inward dialing;  and
(3)  any other mechanism the commission determines should be used as an interim telecommunications number portability measure by a new entrant.
(b)  An incumbent local exchange company with fewer than one million access lines that serves an area in which a certificate of operating authority or a service provider certificate of operating authority has been granted shall, not later than the 60th day after the date of a bona fide request, file tariffs in accordance with Subsection (a).
(c)  Not later than the 60th day after the date a company files tariffs under Subsection (b), the commission shall determine reasonable rates in accordance with Subsection (a).
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter F. Pricing › Section 60.101. Pricing Rule

Sec. 60.101.  PRICING RULE.  (a)  The commission shall adopt a pricing rule.
(b)  In adopting the pricing rule, the commission shall:
(1)  ensure that each price for a monopoly service remains affordable;
(2)  ensure that each price for competitive service is not:
(A)  unreasonably preferential, prejudicial, or discriminatory;
(B)  directly or indirectly subsidized by a noncompetitive service;  or
(C)  predatory or anticompetitive;  and
(3)  require that each service recover the appropriate costs, including joint and common costs, of each facility and function used to provide the service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter F. Pricing › Section 60.102. Adoption of Cost Studies by Certain Companies

Sec. 60.102.  ADOPTION OF COST STUDIES BY CERTAIN COMPANIES.  The commission shall allow an incumbent local exchange company that is not a Tier 1 local exchange company on September 1, 1995, to adopt, at that company's option, the cost studies approved by the commission for a Tier 1 local exchange company.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter G. Interconnection › Section 60.121. Definition

Sec. 60.121.  DEFINITION.  In this subchapter, "interconnection" means, for calls that originate and terminate in this state, the termination of local intraexchange traffic of another local exchange company or holder of a service provider certificate of operating authority within the local calling area of the terminating local exchange company or certificate holder.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter G. Interconnection › Section 60.122. Exclusive Jurisdiction

Sec. 60.122.  EXCLUSIVE JURISDICTION.  The commission has exclusive jurisdiction to determine rates and terms for interconnection for a holder of a certificate of convenience and necessity, 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.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter G. Interconnection › Section 60.123. Inapplicability of Subchapter

Sec. 60.123.  INAPPLICABILITY OF SUBCHAPTER.  This subchapter does not apply to a rate for the existing termination of cellular or interexchange traffic.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter G. Interconnection › Section 60.124. Interoperable Networks Required

Sec. 60.124.  INTEROPERABLE NETWORKS REQUIRED.  (a)  The commission shall require each telecommunications provider to maintain interoperable networks.
(b)  The commission may:
(1)  adopt rules, including generic rules that are responsive to changes in federal law or a development in the local exchange market;  and
(2)  set policies governing interconnection arrangements.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter G. Interconnection › Section 60.125. Determination of Interconnection Rates

Sec. 60.125.  DETERMINATION OF INTERCONNECTION RATES.  (a)  Telecommunications providers shall negotiate network interconnectivity, charges, and terms.
(b)  If interconnectivity, charges, and terms are successfully negotiated, the commission shall approve the interconnection rates.
(c)  If telecommunications providers do not enter into a mutually agreed compensation rate under this section, each provider shall reciprocally terminate the other provider's traffic at no charge for the first nine months after the date the first call is terminated between the providers.
(d)  During the nine-month period prescribed by Subsection (c), the commission shall complete a proceeding to establish reciprocal interconnection rates and terms.  The commission shall establish reciprocal interconnection rates and terms based solely on the commission proceeding.
(e)  In establishing the initial interconnection rate, the commission may not require cost studies from the new entrant.
(f)  On or after the third anniversary of the date the first call is terminated between the providers, the commission, on receipt of a complaint, may require cost studies by a new entrant to establish interconnection rates.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter G. Interconnection › Section 60.126. Interconnectivity Negotiations; Dispute Resolution

Sec. 60.126.  INTERCONNECTIVITY NEGOTIATIONS;  DISPUTE RESOLUTION.  The commission may resolve a dispute filed by a party to a negotiation under Section 60.125(a).
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter G. Interconnection › Section 60.127. Adoption of Approved Interconnection Rates

Sec. 60.127.  ADOPTION OF APPROVED INTERCONNECTION RATES.  (a)  An incumbent local exchange company may adopt the interconnection rates the commission approves for a larger incumbent local exchange company without additional cost justification.
(b)  If an incumbent local exchange company does not adopt the interconnection rates of a larger company or negotiates under Section 60.125(a), the company is governed by Sections 60.125(c)-(f).
(c)  If the incumbent local exchange company adopts the interconnection rates of another incumbent local exchange company, the new entrant may adopt those rates as the new entrant's interconnection rates.
(d)  If the incumbent local exchange company elects to file its own tariff, the new entrant must also file its own interconnection tariff.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter G. Interconnection › Section 60.128. Use of Rates Restricted

Sec. 60.128.  USE OF RATES RESTRICTED.  The commission may not use interconnection rates under this subchapter as a basis to alter interconnection rates for other services.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter H. Expanded Interconnection › Section 60.141. Expanded Interconnection Rules

Sec. 60.141.  EXPANDED INTERCONNECTION RULES.  The commission shall adopt rules for expanded interconnection that:
(1)  are consistent with the rules and regulations of the Federal Communications Commission relating to expanded interconnection;
(2)  treat intrastate private line services as special access service;  and
(3)  provide that if an incumbent local exchange company is required to provide expanded interconnection to another local exchange company, the second local exchange company shall in a similar manner provide expanded interconnection to the first company.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter I. Local Exchange Company Requirements › Section 60.161. Incumbent Local Exchange Company Requirements

Sec. 60.161.  INCUMBENT LOCAL EXCHANGE COMPANY REQUIREMENTS.  An incumbent local exchange company may not unreasonably:
(1)  discriminate against another provider by refusing access to the local exchange;
(2)  refuse or delay an interconnection to another provider;
(3)  degrade the quality of access the company provides to another provider;
(4)  impair the speed, quality, or efficiency of a line used by another provider;
(5)  fail to fully disclose in a timely manner on request all available information necessary to design equipment that will meet the specifications of the local exchange network;  or
(6)  refuse or delay access by a person to another provider.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter I. Local Exchange Company Requirements › Section 60.162. Expanded Interconnection

Sec. 60.162.  EXPANDED INTERCONNECTION.  This subchapter does not require an incumbent local exchange company to provide expanded interconnection as that term is defined by the Federal Communications Commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter I. Local Exchange Company Requirements › Section 60.163. Infrastructure Sharing

Sec. 60.163.  INFRASTRUCTURE SHARING.  (a)  The commission shall adopt rules that require a local exchange company to share public switched network infrastructure and technology with a requesting local exchange company that lacks economies of scale or scope, to enable the requesting company to provide telecommunications services in each geographic area for which the requesting company is designated as the sole carrier of last resort.
(b)  The rules governing the sharing:
(1)  may not require a local exchange company to make a decision that is uneconomic or adverse to the public;
(2)  shall permit, but may not require, joint ownership and operation of public switched network infrastructure and services by or among the local exchange companies that share infrastructure;  and
(3)  shall establish conditions that promote cooperation between local exchange companies.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter I. Local Exchange Company Requirements › Section 60.164. Permissible Joint Marketing

Sec. 60.164.  PERMISSIBLE JOINT MARKETING.  Except as prescribed in Chapters 61, 62, and 63, the commission may not adopt any rule or order that would prohibit a local exchange company from jointly marketing or selling its products and services with the products and services of any of its affiliates in any manner permitted by federal law or applicable rules or orders of the Federal Communications Commission.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 52, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter I. Local Exchange Company Requirements › Section 60.165. Affiliate Rule

Sec. 60.165.  AFFILIATE RULE.  Except as prescribed in Chapters 61, 62, and 63, the commission may not adopt any rule or order that would prescribe for any local exchange company any affiliate rule, including any accounting rule, any cost allocation rule, or any structural separation rule, that is more burdensome than federal law or applicable rules or orders of the Federal Communications Commission.  Notwithstanding any other provision in this title, the commission may not attribute or impute to a local exchange company a price discount offered by an affiliate of the local exchange company to the affiliate's customers.  This section does not limit the authority of the commission to consider a complaint brought under Subchapter A, Chapter 52, Section 53.003, or this chapter.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 52, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter J. Wholesale Code of Conduct › Section 60.201. Statement of Policy

Sec. 60.201.  STATEMENT OF POLICY.  It is the policy of this state that providers of telecommunications services operate in a manner that is consistent with minimum standards to provide customers with continued competitive choices.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 24, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter J. Wholesale Code of Conduct › Section 60.202. Applicability of Subchapter

Sec. 60.202.  APPLICABILITY OF SUBCHAPTER.  A provision of this subchapter applies only to the extent the provision has not been preempted by federal law or a rule, regulation, or order of the Federal Communications Commission.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 24, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter J. Wholesale Code of Conduct › Section 60.203. Minimum Service Requirements

Sec. 60.203.  MINIMUM SERVICE REQUIREMENTS.  A telecommunications provider may not unreasonably:
(1)  discriminate against another provider by refusing access to an exchange;
(2)  refuse or delay an interconnection to another provider;
(3)  degrade the quality of access the telecommunications provider provides to another provider;
(4)  impair the speed, quality, or efficiency of a line used by another provider;
(5)  fail to fully disclose in a timely manner on request all available information necessary to design equipment that will meet the specifications of the network; or
(6)  refuse or delay access by a person to another provider.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 24, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter J. Wholesale Code of Conduct › Section 60.204. Interconnection

Sec. 60.204.  INTERCONNECTION.  A telecommunications provider shall provide interconnection with other telecommunications providers' networks for the transmission and routing of telephone exchange service and exchange access.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 24, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter J. Wholesale Code of Conduct › Section 60.205. Number Portability

Sec. 60.205.  NUMBER PORTABILITY.  A telecommunications provider shall provide number portability in accordance with federal requirements.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 24, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter J. Wholesale Code of Conduct › Section 60.206. Duty to Negotiate

Sec. 60.206.  DUTY TO NEGOTIATE.  A telecommunications provider shall negotiate in good faith the terms and conditions of any agreement.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 24, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter J. Wholesale Code of Conduct › Section 60.207. Dialing Parity

Sec. 60.207.  DIALING PARITY.  (a)  A telecommunications provider shall provide dialing parity to competing telecommunications providers of telephone exchange service and telephone toll service.
(b)  A telecommunications provider shall provide nondiscriminatory access to telephone numbers, operator services, directory assistance, and directory listings and may not delay that access unreasonably.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 24, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter J. Wholesale Code of Conduct › Section 60.208. Access to Rights-of-Way

Sec. 60.208.  ACCESS TO RIGHTS-OF-WAY.  A telecommunications provider shall provide access to poles, ducts, conduits, and rights-of-way to competing providers of telecommunications service on rates, terms, and conditions that are just, reasonable, and nondiscriminatory.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 24, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter J. Wholesale Code of Conduct › Section 60.209. Reciprocal Compensation

Sec. 60.209.  RECIPROCAL COMPENSATION.  A telecommunications provider shall establish reciprocal compensation arrangements for the transport and termination of telecommunications.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 24, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter J. Wholesale Code of Conduct › Section 60.210. Access to Services

Sec. 60.210.  ACCESS TO SERVICES.  A telecommunications provider shall provide access to:
(1)  911 and E-911 service;
(2)  directory assistance service to allow other telecommunications providers' customers to obtain telephone numbers; and
(3)  operator call completion service.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 24, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 62 - Broadcaster Safeguards › Subchapter A. General Provisions › Section 62.001. Applicability of Chapter

Sec. 62.001.  APPLICABILITY OF CHAPTER.  This chapter does not apply to a cable company.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 62 - Broadcaster Safeguards › Subchapter A. General Provisions › Section 62.002. Definitions

Sec. 62.002.  DEFINITIONS.  In this chapter:
(1)  "Audio programming":
(A)  means programming:
(i)  provided by an amplitude modulation or frequency modulation broadcast radio station;  or
(ii)  generally considered comparable to programming described by Subparagraph (i);  and
(B)  does not include an audio-related service offered by an incumbent local exchange company on September 1, 1995.
(2)  "Video programming" means programming provided by or generally considered comparable to programming provided by a television broadcast station as defined by Section 602, Communications Act of 1934 (47 U.S.C. Section 522).
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter A. General Provisions › Section 64.001. Customer Protection Policy

Sec. 64.001.  CUSTOMER PROTECTION POLICY.  (a)  The legislature finds that new developments in telecommunications services, as well as changes in market structure, marketing techniques, and technology, make it essential that customers have safeguards against fraudulent, unfair, misleading, deceptive, or anticompetitive business practices and against businesses that do not have the technical and financial resources to provide adequate service.
(b)  The purpose of this chapter is to establish customer protection standards and confer on the commission authority to adopt and enforce rules to protect customers from fraudulent, unfair, misleading, deceptive, or anticompetitive practices.
(c)  Nothing in this section shall be construed to abridge customer rights set forth in commission rules in effect at the time of the enactment of this chapter.
(d)  This chapter does not limit the constitutional, statutory, and common law authority of the office of the attorney general.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 55, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter A. General Provisions › Section 64.002. Definitions

Sec. 64.002.  DEFINITIONS.  In this chapter:
(1)  "Billing agent" means any entity that submits charges to the billing utility on behalf of itself or any provider of a product or service.
(2)  "Billing utility" means any telecommunications provider, as defined by Section 51.002, that issues a bill directly to a customer for any telecommunications product or service.
(3)  "Certificated telecommunications utility" means a telecommunications utility that has been granted either a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority.
(4)  "Customer" means any person in whose name telephone service is billed, including individuals, governmental units at all levels of government, corporate entities, and any other entity with legal capacity to be billed for telephone service.
(5)  "Service provider" means any entity that offers a product or service to a customer and that directly or indirectly charges to or collects from a customer's bill an amount for the product or service on a customer's bill received from a billing utility.
(6)  "Telecommunications utility" has the meaning assigned by Section 51.002.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 55, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter A. General Provisions › Section 64.004. Customer Protection Standards

Sec. 64.004.  CUSTOMER PROTECTION STANDARDS.  (a)  All buyers of telecommunications services are entitled to:
(1)  protection from fraudulent, unfair, misleading, deceptive, or anticompetitive practices, including protection from being billed for services that were not authorized or provided;
(2)  choice of a telecommunications service provider and to have that choice honored;
(3)  information in English and Spanish and any other language as the commission deems necessary concerning rates, key terms, and conditions;
(4)  protection from discrimination on the basis of race, color, sex, nationality, religion, marital status, income level, or source of income and from unreasonable discrimination on the basis of geographic location;
(5)  impartial and prompt resolution of disputes with a certificated telecommunications utility and disputes with a telecommunications service provider related to unauthorized charges and switching of service;
(6)  privacy of customer consumption and credit information;
(7)  accuracy of billing;
(8)  bills presented in a clear, readable format and easy-to-understand language;
(9)  information in English and Spanish and any other language as the commission deems necessary concerning low-income assistance programs and deferred payment plans;
(10)  all consumer protections and disclosures established by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) and the Truth in Lending Act (15 U.S.C. Section 1601 et seq.);  and
(11)  programs that offer eligible low-income customers an affordable rate package and bill payment assistance programs designed to reduce uncollectible accounts.
(b)  The commission may adopt and enforce rules as necessary or appropriate to carry out this section, including rules for minimum service standards for a certificated telecommunications utility relating to customer deposits and the extension of credit, switching fees, termination of service, an affordable rate package, and bill payment assistance programs for low-income customers.  The commission may waive language requirements for good cause.
(c)  The commission shall request the comments of the office of the attorney general in developing the rules that may be necessary or appropriate to carry out this section.
(d)  The commission shall coordinate its enforcement efforts regarding the prosecution of fraudulent, misleading, deceptive, and anticompetitive business practices with the office of the attorney general in order to ensure consistent treatment of specific alleged violations.
(e)  Nothing in this section shall be construed to abridge customer rights set forth in commission rules in effect at the time of the enactment of this chapter.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 55, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter B. Certification, Registration, and Reporting Requirements › Section 64.051. Adoption of Rules

Sec. 64.051.  ADOPTION OF RULES.  (a)  The commission shall adopt rules relating to certification, registration, and reporting requirements for a certificated telecommunications utility, all telecommunications utilities that are not dominant carriers, and pay telephone providers.
(b)  The rules adopted under Subsection (a) shall be consistent with and no less effective than federal law and may not require the disclosure of highly sensitive competitive or trade secret information.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 55, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter B. Certification, Registration, and Reporting Requirements › Section 64.052. Scope of Rules

Sec. 64.052.  SCOPE OF RULES.  The commission may adopt and enforce rules to:
(1)  require certification or registration with the commission as a condition of doing business in this state;
(2)  amend certificates or registrations to reflect changed ownership and control;
(3)  establish rules for customer service and protection;
(4)  suspend or revoke certificates or registrations for repeated violations of this chapter or commission rules, except that the commission may not revoke a certificate of convenience and necessity of a telecommunications utility except as provided by Section 54.008;  and
(5)  order disconnection of a pay telephone service provider's pay telephones or revocation of certification or registration for repeated violations of this chapter or commission rules.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 55, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter B. Certification, Registration, and Reporting Requirements › Section 64.053. Reports

Sec. 64.053.  REPORTS.  The commission may require a telecommunications service provider to submit reports to the commission concerning any matter over which it has authority under this chapter.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 55, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter C. Customer's Right to Choice › Section 64.101. Policy

Sec. 64.101.  POLICY.  It is the policy of this state that all customers be protected from the unauthorized switching of a telecommunications service provider selected by the customer to provide service.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 55, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter C. Customer's Right to Choice › Section 64.102. Rules Relating to Choice

Sec. 64.102.  RULES RELATING TO CHOICE.  The commission shall adopt and enforce rules that:
(1)  ensure that customers are protected from deceptive practices employed in obtaining authorizations of service and in the verification of change orders, including negative option marketing, sweepstakes, and contests that cause customers to unknowingly change their telecommunications service provider;
(2)  provide for clear, easily understandable identification, in each bill sent to a customer, of all telecommunications service providers submitting charges on the bill;
(3)  ensure that every service provider submitting charges on the bill is clearly and easily identified on the bill along with its services, products, and charges;
(4)  provide that unauthorized changes in service be remedied at no cost to the customer within a period established by the commission;
(5)  require refunds or credits to the customer in the event of an unauthorized change;  and
(6)  provide for penalties for violations of commission rules adopted under this section, including fines and revocation of certificates or registrations, by this action denying the certificated telecommunications utility the right to provide service in this state, except that the commission may not revoke a certificate of convenience and necessity of a telecommunications utility except as provided by Section 54.008.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 55, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter D. Protection Against Unauthorized Charges › Section 64.152. Responsibilities of Billing Utility

Sec. 64.152.  RESPONSIBILITIES OF BILLING UTILITY.  (a)  If a customer's telephone bill is charged for any product or service without proper customer consent or verification, the billing utility, on its knowledge or notification of any unauthorized charge, shall promptly, not later than 45 days after the date of knowledge or notification of the charge:
(1)  notify the service provider to cease charging the customer for the unauthorized product or service;
(2)  remove any unauthorized charge from the customer's bill;
(3)  refund or credit to the customer all money that has been paid by the customer for any unauthorized charge, and if the unauthorized charge is not adjusted within three billing cycles, shall pay interest on the amount of the unauthorized charge;
(4)  on the customer's request, provide the customer with all billing records under its control related to any unauthorized charge within 15 business days after the date of the removal of the unauthorized charge from the customer's bill;  and
(5)  maintain for at least 24 months a record of every customer who has experienced any unauthorized charge for a product or service on the customer's telephone bill and who has notified the billing utility of the unauthorized charge.
(b)  A record required by Subsection (a)(5) shall contain for each unauthorized charge:
(1)  the name of the service provider that offered the product or service;
(2)  any affected telephone numbers or addresses;
(3)  the date the customer requested that the billing utility remove the unauthorized charge;
(4)  the date the unauthorized charge was removed from the customer's telephone bill;  and
(5)  the date any money that the customer paid for the unauthorized charges was refunded or credited to the customer.
(c)  A billing utility may not:
(1)  disconnect or terminate telecommunications service to any customer for nonpayment of an unauthorized charge;  or
(2)  file an unfavorable credit report against a customer who has not paid charges the customer has alleged were unauthorized unless the dispute regarding the unauthorized charge is ultimately resolved against the customer, except that the customer shall remain obligated to pay any charges that are not in dispute, and this subsection does not apply to those undisputed charges.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 55, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter D. Protection Against Unauthorized Charges › Section 64.153. Records of Disputed Charges

Sec. 64.153.  RECORDS OF DISPUTED CHARGES.  (a)  Every service provider shall maintain a record of every disputed charge for a product or service placed on a customer's bill.
(b)  The record required under Subsection (a) shall contain for every disputed charge:
(1)  any affected telephone numbers or addresses;
(2)  the date the customer requested that the billing utility remove the unauthorized charge;
(3)  the date the unauthorized charge was removed from the customer's telephone bill;  and
(4)  the date action was taken to refund or credit to the customer any money that the customer paid for the unauthorized charges.
(c)  The record required by Subsection (a) shall be maintained for at least 24 months following the completion of all steps required by Section 64.152(a).
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 55, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter D. Protection Against Unauthorized Charges › Section 64.154. Notice

Sec. 64.154.  NOTICE.  (a)  A billing utility shall provide notice of a customer's rights under this section in the manner prescribed by the commission.
(b)  Notice of a customer's rights must be provided by mail to each residential and retail business customer within 60 days of the effective date of this section or by inclusion in the publication of the telephone directory next following the effective date of this section.  In addition, each billing utility shall send the notice to new customers at the time service is initiated or to any customer at that customer's request.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 55, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter D. Protection Against Unauthorized Charges › Section 64.155. Providing Copy of Records

Sec. 64.155.  PROVIDING COPY OF RECORDS.  A billing utility shall provide a copy of records maintained under Sections 64.151(c), 64.152, and 64.154 to the commission staff on request.  A service provider shall provide a copy of records maintained under Sections 64.151(b) and 64.153 to the commission on request.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 55, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter D. Protection Against Unauthorized Charges › Section 64.156. Violations

Sec. 64.156.  VIOLATIONS.  (a)  If the commission finds that a billing utility violated this subchapter, the commission may implement penalties and other enforcement actions under Chapter 15.
(b)  If the commission finds that any other service provider or billing agent subject to this subchapter has violated this subchapter or has knowingly provided false information to the commission on matters subject to this subchapter, the commission may enforce the provisions of Chapter 15 against the service provider or billing agent as if it were regulated by the commission.
(c)  Neither the authority granted under this section nor any other provision of this subchapter shall be construed to grant the commission jurisdiction to regulate service providers or billing agents who are not otherwise subject to commission regulation, other than as specifically provided by this chapter.
(d)  If the commission finds that a billing utility or service provider repeatedly violates this subchapter, the commission may, if the action is consistent with the public interest, suspend, restrict, or revoke the registration or certificate of the telecommunications service provider, by this action denying the telecommunications service provider the right to provide service in this state, except that the commission may not revoke a certificate of convenience and necessity of a telecommunications utility except as provided by Section 54.008.
(e)  If the commission finds that a service provider or billing agent has repeatedly violated any provision of this subchapter, the commission may order the billing utility to terminate billing and collection services for that service provider or billing agent.
(f)  Nothing in this subchapter shall be construed to preclude a billing utility from taking action on its own to terminate or restrict its billing and collection services.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 55, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter D. Protection Against Unauthorized Charges › Section 64.157. Disputes

Sec. 64.157.  DISPUTES.  (a)  The commission may resolve disputes between a retail customer and a billing utility, service provider, or telecommunications utility.
(b)  In exercising its authority under Subsection (a), the commission may:
(1)  order a billing utility or service provider to produce information or records;
(2)  require that all contracts, bills, and other communications from a billing utility or service provider display a working toll-free telephone number that customers may call with complaints and inquiries;
(3)  require a billing utility or service provider to refund or credit overcharges or unauthorized charges with interest if the billing utility or service provider has failed to comply with commission rules or a contract with the customer;
(4)  order appropriate relief to ensure that a customer's choice of a telecommunications service provider is honored;
(5)  require the continuation of service to a residential or small commercial customer while a dispute is pending regarding charges the customer has alleged were unauthorized;  and
(6)  investigate an alleged violation.
(c)  The commission shall adopt procedures for the resolution of disputes in a timely manner, which in no event shall exceed 60 days.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 55, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter D. Protection Against Unauthorized Charges › Section 64.158. Consistency With Federal Law

Sec. 64.158.  CONSISTENCY WITH FEDERAL LAW.  Rules adopted by the commission under this subchapter shall be consistent with and not more burdensome than applicable federal laws and rules.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 55, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter E. Publication of Mobile Service Customer Telephone Numbers › Section 64.201. Definition

Sec. 64.201.  DEFINITION.  In this subchapter, "commercial mobile service provider" means a provider of commercial mobile service as defined by Section 332(d), Communications Act of 1934 (47 U.S.C. Section 151 et seq.), Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993 (Pub. L. No. 103-66).
Added by Acts 2005, 79th Leg., Ch. 226 (H.B. 2553), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter E. Publication of Mobile Service Customer Telephone Numbers › Section 64.202. Consent Required

Sec. 64.202.  CONSENT REQUIRED.  (a)  A commercial mobile service provider doing business in this state may not publish in a directory or provide for publication in a directory the name and telephone number of a mobile service customer in this state without the express consent of the customer. The consent of a customer must be given:
(1)  in writing on a separate document that includes the customer's signature and the date;
(2)  verbally; or
(3)  on a website maintained by the commercial mobile service provider.
(b)  Before a customer consents under Subsection (a), a commercial mobile service provider must disclose to the customer in writing or verbally, as appropriate, that:
(1)  by consenting the customer agrees to have the customer's telephone number sold or licensed as part of a list of customers and the customer's telephone number may be included in a publicly available directory; and
(2)  if the customer's calling plan bills the customer for unsolicited calls or text messages from a telemarketer, by consenting to have the customer's telephone number sold or licensed as part of a list of customers or be included in a publicly available directory, the customer may incur additional charges for receiving unsolicited calls or text messages.
(c)  A customer who consents under Subsection (a) may revoke that consent at any time. A commercial mobile service provider shall comply with the customer's request not later than the 60th day after the date the request is made.
(d)  A commercial mobile service provider may not bill a mobile services customer for not consenting under Subsection (a).
Added by Acts 2005, 79th Leg., Ch. 226 (H.B. 2553), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 64 - Customer Protection › Subchapter E. Publication of Mobile Service Customer Telephone Numbers › Section 64.203. Violations

Sec. 64.203.  VIOLATIONS.  (a)  The attorney general may investigate violations of this subchapter and file civil enforcement actions seeking injunctive relief, attorney's fees, and civil penalties in an amount not to exceed $1,000 for each violation.  If the court finds the defendant wilfully or knowingly violated this subchapter, the court may increase the amount of the civil penalties to an amount not to exceed $3,000 for each violation.
(b)  Chapter 15 does not apply to a violation of this subchapter.
Added by Acts 2005, 79th Leg., Ch. 226 (H.B. 2553), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter A. General Provisions › Section 65.001. Statement of Policy

Sec. 65.001.  STATEMENT OF POLICY.  It is the policy of this state to provide for full rate and service competition in the telecommunications market of this state so that customers may benefit from innovations in service quality and market-based pricing.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 26, eff. September 7, 2005.