reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 58 - Incentive Regulation › Subchapter H. Switched Access Services › Section 58.302. Switched Access Rate Cap

Sec. 58.302.  SWITCHED ACCESS RATE CAP.  (a)  An electing company may not increase the per minute rates for switched access services on a combined originating and terminating basis above the lesser of:
(1)  the rates for switched access services charged by that electing company on September 1, 1999, as may be further reduced on implementation of the universal service fund under Chapter 56;  or
(2)  the applicable rate described by Section 58.301 as may be further reduced on implementation of the universal service fund under Chapter 56.
(b)  Notwithstanding Subchapter F, Chapter 60, but subject to Section 60.001, an electing company may, on its own initiative, decrease a rate charged for switched access service to any amount above the long run incremental cost of the service.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 45, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 59 - Infrastructure Plan › Subchapter A. General Provisions › Section 59.001. Policy

Sec. 59.001.  POLICY.  It is the policy of this state that an incumbent local exchange company that does not elect to be regulated under Chapter 58 should have incentives to deploy infrastructure that will benefit the residents of this state while maintaining reasonable local rates and universal 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 59 - Infrastructure Plan › Subchapter A. General Provisions › Section 59.002. Definitions

Sec. 59.002.  DEFINITIONS.  In this chapter:
(1)  "Electing company" means an incumbent local exchange company that elects for an infrastructure commitment and corresponding regulation under this chapter.
(2)  "Election date" means the date on which the commission receives notice of election under Subchapter B.
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 59 - Infrastructure Plan › Subchapter B. Infrastructure Incentives › Section 59.021. Election

Sec. 59.021.  ELECTION.  (a)  An incumbent local exchange company may elect to make an infrastructure commitment and to be subject to corresponding regulation under this chapter if the company:
(1)  serves less than five percent of the access lines in this state;  and
(2)  has not elected incentive regulation under Chapter 58.
(b)  A company makes the election by notifying the commission in writing of the company's election.
(c)  A company electing under this chapter may renew the election for successive two-year periods.  An election that is renewed under this subsection remains in effect until the earlier of the date that:
(1)  the election expires because it was not renewed;
(2)  the commission allows the company to withdraw its election under Section 59.022;  or
(3)  the legislature eliminates the incentive regulation authorized by this chapter and Chapter 58.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 46, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 59 - Infrastructure Plan › Subchapter B. Infrastructure Incentives › Section 59.022. Withdrawal of Election

Sec. 59.022.  WITHDRAWAL OF ELECTION.  (a)  The commission may allow an electing company to withdraw the company's election under this chapter:
(1)  on application by the company;  and
(2)  only for good cause.
(b)  In this section, "good cause" includes only matters beyond the control of the 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 59 - Infrastructure Plan › Subchapter B. Infrastructure Incentives › Section 59.023. Election Under Chapter 58

Sec. 59.023.  ELECTION UNDER CHAPTER 58.  (a)  This chapter does not prohibit a company electing under this chapter from electing incentive regulation under Chapter 58.
(b)  If a company makes an election under Chapter 58, the infrastructure commitment made under this chapter offsets the infrastructure commitment required in connection with the Chapter 58 election.
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 59 - Infrastructure Plan › Subchapter B. Infrastructure Incentives › Section 59.024. Rate Changes

Sec. 59.024.  RATE CHANGES.  (a)  Except for the charges permitted under Subchapter C, Chapter 55, Subchapter B, Chapter 56, and Section 55.024, an electing company may not, before the end of the company's election period under this chapter, increase a rate previously established for that company under this title unless the commission approves the proposed change as authorized under Subsection (c) or (d).
(b)  For purposes of Subsection (a), the company's previously established rates are the rates charged by the company on its election date without regard to a proceeding pending under:
(1)  Section 15.001;
(2)  Subchapter D, Chapter 53;   or
(3)  Subchapter G, Chapter 2001, Government Code.
(c)  The commission, on motion of the electing company or on its own motion, shall adjust prices for services to reflect changes in Federal Communications Commission separations that affect intrastate net income by at least 10 percent.
(d)  Notwithstanding Subsection (a), the commission, on request of the electing company, shall allow a rate group reclassification that results from access line growth.
(e)  Section 58.059 applies to a rate change under this section.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 47, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 59 - Infrastructure Plan › Subchapter B. Infrastructure Incentives › Section 59.025. Switched Access Rates

Sec. 59.025.  SWITCHED ACCESS RATES.  Notwithstanding any other provision of this title, the commission may not, on the commission's own motion, reduce an electing company's rates for switched access services before the expiration of the election period prescribed by Section 59.024, but may approve a reduction proposed by the electing company.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 48, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 59 - Infrastructure Plan › Subchapter B. Infrastructure Incentives › Section 59.026. Complaint or Hearing

Sec. 59.026.  COMPLAINT OR HEARING.  (a)  On or before the end of the company's election period, an electing company is not, under any circumstances, subject to:
(1)  a complaint or hearing regarding the reasonableness of the company's:
(A)  rates;
(B)  overall revenues;
(C)  return on invested capital;  or
(D)  net income;  or
(2)  a complaint that a rate is excessive.
(b)  Subsection (a) applies only to a company that is in compliance with the company's infrastructure commitment under this chapter.
(c)  This section does not prohibit a complaint, hearing, or determination on an electing company's implementation of a competitive safeguard required by Chapter 60.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 49, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 59 - Infrastructure Plan › Subchapter B. Infrastructure Incentives › Section 59.027. Consumer Complaints Regarding Tariffs

Sec. 59.027.  CONSUMER COMPLAINTS REGARDING TARIFFS.  (a)  This chapter does not restrict:
(1)  a consumer's right to complain to the commission about the application of an ambiguous tariff;  or
(2)  the commission's right to determine:
(A)  the proper application of that tariff;  or
(B)  the proper tariff rate if that tariff does not apply.
(b)  This section does not permit the commission to:
(1)  lower a tariff rate except as specifically provided by this title;
(2)  change the commission's interpretation of a tariff;  or
(3)  extend the application of a tariff to a new class of customers.
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 59 - Infrastructure Plan › Subchapter B. Infrastructure Incentives › Section 59.028. Consumer Complaints Regarding Services; Enforcement of Standards

Sec. 59.028.  CONSUMER COMPLAINTS REGARDING SERVICES;  ENFORCEMENT OF STANDARDS.  This chapter does not restrict:
(1)  a consumer's right to complain to the commission about quality of service;  or
(2)  the commission's right to enforce a quality of service standard.
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 59 - Infrastructure Plan › Subchapter B. Infrastructure Incentives › Section 59.029. Investment Limitation on Service Standards

Sec. 59.029.  INVESTMENT LIMITATION ON SERVICE STANDARDS.  (a)  The commission may not raise a service standard applicable to the provision of local exchange telephone service by an electing company if the increased investment required to comply with the raised standard in any year exceeds 10 percent of the company's average annual intrastate additions in capital investment for the most recent five-year period.
(b)  In computing the average under Subsection (a), the electing company shall exclude:
(1)  extraordinary investments made during the five-year period;  and
(2)  investments required by Section 59.052.
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 59 - Infrastructure Plan › Subchapter B. Infrastructure Incentives › Section 59.030. New Services

Sec. 59.030.  NEW SERVICES.  (a)  An electing 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 electing company's certificated area or areas or who has an effective interconnection agreement with the electing company.
(b)  An electing 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 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 has 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 electing company of a new service is in compliance with Subsection (b).
(d)  If a complaint is filed under Subsection (c), the electing 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 electing 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.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 50, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 59 - Infrastructure Plan › Subchapter B. Infrastructure Incentives › Section 59.031. Pricing and Packaging Flexibility

Sec. 59.031.  PRICING AND PACKAGING FLEXIBILITY.  (a)  Notwithstanding Section 59.027(b) or Subchapter F, Chapter 60, an electing 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 electing 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 electing company's certificated area or areas or who has an effective interconnection agreement with the electing company.  Pricing flexibility includes all pricing arrangements included in the definition of "pricing flexibility" prescribed by Section 51.002(7) and includes packaging of regulated services with unregulated services or any service of an affiliate.
(b)  An electing 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 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 electing 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 company implements the rate.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 50, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 59 - Infrastructure Plan › Subchapter B. Infrastructure Incentives › Section 59.032. Customer Promotional Offerings

Sec. 59.032.  CUSTOMER PROMOTIONAL OFFERINGS.  (a)  An electing company may offer a promotion for a regulated service for not more than 90 days in any 12-month period.
(b)  The electing 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 electing company is not required to obtain commission approval to make a promotional offering described by Subsection (b).
(d)  An electing 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. 50, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 59 - Infrastructure Plan › Subchapter C. Infrastructure Commitment and Goals › Section 59.051. Infrastructure Commitment

Sec. 59.051.  INFRASTRUCTURE COMMITMENT.  (a)  An electing company shall commit to make in this state, during the six years after the election date, the telecommunications infrastructure investment prescribed by this chapter.
(b)  The company shall make the commitment to the governor and the commission in writing.
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 59 - Infrastructure Plan › Subchapter C. Infrastructure Commitment and Goals › Section 59.052. Infrastructure Goals

Sec. 59.052.  INFRASTRUCTURE GOALS.  (a)  The commission shall ensure that each electing company achieves the infrastructure goals described by this section.
(b)  Each new central office switch installed for an electing company in this state after September 1, 1995, must be digital.
(c)  An electing company shall make available to each customer in the company's territory access to end-to-end digital connectivity.  In this subsection, "make available" has the meaning assigned by 16 T.A.C. Section 23.69.
(d)  In each electing company's territory, 50 percent of the local exchange access lines must be served by a digital central office switch.
(e)  An electing company's public switched network backbone interoffice facilities must employ broadband facilities that serve at least 50 percent of the local exchange access lines and are capable of 45 or more megabits a second.  The company may employ facilities at a lower bandwidth if technology permits the delivery of video signal at the lower bandwidth at a quality level comparable to a television broadcast signal.  The requirements of this subsection do not apply to local loop facilities.
(f)  An electing company shall install Common Channel Signaling 7 capability in each access tandem office.
(g)  The infrastructure goals specified by Subsections (c)-(f) must be achieved not later than January 1, 2000.
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 59 - Infrastructure Plan › Subchapter C. Infrastructure Commitment and Goals › Section 59.053. Waiver of Infrastructure Requirements

Sec. 59.053.  WAIVER OF INFRASTRUCTURE REQUIREMENTS.  (a)  For an electing company that serves fewer than one million lines, the commission may waive a requirement prescribed by Section 59.052 if the company demonstrates that the investment is not viable economically.
(b)  Before granting a waiver under Subsection (a), the commission must consider the public benefits that would result from compliance with the requirement.
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 59 - Infrastructure Plan › Subchapter C. Infrastructure Commitment and Goals › Section 59.054. Progress Report

Sec. 59.054.  PROGRESS REPORT.  (a)  On each anniversary of the company's election date, an electing company shall file with the commission a report on the company's progress on its infrastructure commitment.
(b)  The report must include a statement of:
(1)  the institutions requesting service under Subchapter D;
(2)  the institutions served under Subchapter D;
(3)  the investments and expenses for the previous period and the total investments and expenses for all periods;  and
(4)  other information the commission considers necessary.
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 59 - Infrastructure Plan › Subchapter C. Infrastructure Commitment and Goals › Section 59.055. Implementation Costs; Increase in Rates and Universal Service Funds

Sec. 59.055.  IMPLEMENTATION COSTS;  INCREASE IN RATES AND UNIVERSAL SERVICE FUNDS.  The commission may not consider the cost of implementing Section 59.052 in determining whether an electing company is entitled to:
(1)  a rate increase under this chapter;  or
(2)  increased universal service funds under Subchapter B, Chapter 56.
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 59 - Infrastructure Plan › Subchapter D. Infrastructure Commitment to Certain Entities › Section 59.071. Definitions

Sec. 59.071.  DEFINITIONS.  In this subchapter:
(1)  "Educational institution" has the meaning assigned by Section 57.021.
(2)  "Library" means:
(A)  a public library or regional library system as those terms are defined by Section 441.122, Government Code;
(B)  a library operated by an institution of higher education or a school district; or
(C)  a library operated by a nonprofit corporation as defined by Section 441.221(3), Government Code.
(3)  "Private network services" means telecommunications services provided to an entity described by Section 59.072(a), including broadband services, customized services, and packaged network services.
(4)  "Telemedicine center" means a facility that is equipped to transmit, by video or data service, medical information for the diagnosis or treatment of illness or disease and that is:
(A)  owned or operated by a public or not-for-profit hospital;  or
(B)  owned by a state-licensed health care practitioner and operated on a nonprofit basis.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 831 (H.B. 735), Sec. 13, eff. September 1, 2008.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 59 - Infrastructure Plan › Subchapter D. Infrastructure Commitment to Certain Entities › Section 59.072. Private Network Services for Certain Entities

Sec. 59.072.  PRIVATE NETWORK SERVICES FOR CERTAIN ENTITIES.  (a)  On customer request, an electing company shall provide private network services to:
(1)  an educational institution;
(2)  a library;
(3)  a telemedicine center;  or
(4)  a legally constituted consortium or group of entities listed in this subsection.
(b)  Except as provided by Section 59.081, the electing company shall provide the private network services for the private and sole use of the receiving entity.  However, the company may provide the services with a facility that is used to provide another service to another customer.
(c)  The customers listed in Subsection (a) are a special class of customers for purposes of the private network for distance learning, telemedicine, and information-sharing purposes.
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 59 - Infrastructure Plan › Subchapter D. Infrastructure Commitment to Certain Entities › Section 59.073. Investment Priorities

Sec. 59.073.  INVESTMENT PRIORITIES.  An electing company shall give investment priority to serving:
(1)  rural areas;
(2)  areas designated as critically underserved medically or educationally;  and
(3)  educational institutions with high percentages of economically disadvantaged students.
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 59 - Infrastructure Plan › Subchapter D. Infrastructure Commitment to Certain Entities › Section 59.074. Contracts for Private Network Services

Sec. 59.074.  CONTRACTS FOR PRIVATE NETWORK SERVICES.  (a)  An electing company shall provide a private network service under a customer-specific contract.
(b)  An electing company shall offer private network service contracts under this subchapter at 110 percent of the long run incremental cost of providing the private network service, including installation costs.
(c)  Commission approval of a contract is not required.
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. 3, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 13, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 59 - Infrastructure Plan › Subchapter D. Infrastructure Commitment to Certain Entities › Section 59.075. Preferred Rate Treatment Warranted

Sec. 59.075.  PREFERRED RATE TREATMENT WARRANTED.  The classes of customers described by Section 59.072(a) warrant preferred rate treatment.  However, a rate charged for a service must cover the service's long run incremental cost.
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 59 - Infrastructure Plan › Subchapter D. Infrastructure Commitment to Certain Entities › Section 59.076. Election of Rate Treatment

Sec. 59.076.  ELECTION OF RATE TREATMENT.  An educational institution or a library may elect the rate treatment provided by this subchapter or the discount provided by Subchapter B, Chapter 57.
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 59 - Infrastructure Plan › Subchapter D. Infrastructure Commitment to Certain Entities › Section 59.077. Private Network Services Rates and Tariffs

Sec. 59.077.  PRIVATE NETWORK SERVICES RATES AND TARIFFS.  (a)  Notwithstanding the pricing flexibility authorized by this subtitle, an electing company's rates for private network services may not be increased before January 1, 2016.
(b)  An electing company may not assess an entity described by Section 59.072(a) a tariffed special construction or installation charge unless the company and the entity agree on the assessment.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 22, eff. September 7, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 903 (S.B. 773), Sec. 9, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 59 - Infrastructure Plan › Subchapter D. Infrastructure Commitment to Certain Entities › Section 59.078. Private Line or Special Access Rates

Sec. 59.078.  PRIVATE LINE OR SPECIAL ACCESS RATES.  (a)  On request by an educational institution or a library, an electing company shall provide 1.544 megabits a second private line or special access service at 110 percent of the service's long run incremental cost, including installation costs.
(b)  The rate provided by Subsection (a) is in lieu of the discount provided by Subchapter B, Chapter 57.
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 59 - Infrastructure Plan › Subchapter D. Infrastructure Commitment to Certain Entities › Section 59.079. Complaints Limited

Sec. 59.079.  COMPLAINTS LIMITED.  Notwithstanding any other provision of this title, an electing company is subject to a complaint under Subchapter C  or this subchapter only by an entity described by Section 59.072(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 59 - Infrastructure Plan › Subchapter D. Infrastructure Commitment to Certain Entities › Section 59.080. Interconnection of Network Services

Sec. 59.080.  INTERCONNECTION OF NETWORK SERVICES.  The private network services provided under this subchapter may be interconnected with other similar networks for distance learning, telemedicine, and information-sharing purposes.
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 59 - Infrastructure Plan › Subchapter D. Infrastructure Commitment to Certain Entities › Section 59.081. Sharing or Resale of Network Services

Sec. 59.081.  SHARING OR RESALE OF NETWORK SERVICES.  (a)  A private network service may be used and shared among the entities described by Section 59.072(a) but may not be otherwise shared or resold to other customers.
(b)  A service provided under this subchapter may not be required to be resold to other customers at a rate provided by this subchapter.
(c)  This section does not prohibit an otherwise permitted resale of another service that an electing company may offer through the use of the same facilities used to provide a private network service offered under this subchapter.
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 59 - Infrastructure Plan › Subchapter D. Infrastructure Commitment to Certain Entities › Section 59.082. Implementation Costs; Increase in Rates and Universal Service Funds

Sec. 59.082.  IMPLEMENTATION COSTS;  INCREASE IN RATES AND UNIVERSAL SERVICE FUNDS.  The commission may not consider the cost of implementing this subchapter in determining whether an electing company is entitled to:
(1)  a rate increase under this chapter;  or
(2)  increased universal service funds under Subchapter B, Chapter 56.
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 59 - Infrastructure Plan › Subchapter D. Infrastructure Commitment to Certain Entities › Section 59.083. Continuation of Obligation

Sec. 59.083.  CONTINUATION OF OBLIGATION.  Notwithstanding any other provision of this title, an electing company shall continue to comply with this subchapter until January 1, 2016, regardless of:
(1)  the date the company elected under this chapter; or
(2)  any action taken in relation to that company under Chapter 65.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 23, eff. September 7, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 903 (S.B. 773), Sec. 10, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter A. General Provisions › Section 60.001. Fair Competition

Sec. 60.001.  FAIR COMPETITION.  To the extent necessary to ensure that competition in telecommunications is fair to each participant and to accelerate the improvement of telecommunications in this state, the commission shall ensure that the rates and rules of an incumbent local exchange company:
(1)  are not unreasonably preferential, prejudicial, or discriminatory;  and
(2)  are applied equitably and consistently.
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 A. General Provisions › Section 60.002. Exclusive Jurisdiction; Enforcement

Sec. 60.002.  EXCLUSIVE JURISDICTION;  ENFORCEMENT.  (a)  The commission has exclusive jurisdiction to implement competitive safeguards.
(b)  Section 58.025 does not prevent the commission from enforcing this chapter.
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 A. General Provisions › Section 60.003. Commission Authority

Sec. 60.003.  COMMISSION AUTHORITY.  (a)  The commission may:
(1)  establish procedures with respect to a policy stated in this subchapter or Subchapters B-H;   and
(2)  resolve a dispute that arises under a policy described by Subdivision (1).
(b)  The commission shall adopt procedures for a proceeding under Subchapters B and C.  A procedure may:
(1)  limit discovery;  and
(2)  for purposes of cross-examination align any party, other than the office, with another party that has a similar position.
(c)  In adopting a procedure under this section and in resolving a dispute, the commission shall consider the action's effect on:
(1)  consumers;
(2)  competitors;  and
(3)  the incumbent local exchange company.
(d)  The commission, by order or rule, may not implement a requirement that is contrary to a federal law or rule.
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 A. General Provisions › Section 60.004. Applicability to Certain Smaller Incumbent Local Exchange Companies; Rules

Sec. 60.004.  APPLICABILITY TO CERTAIN SMALLER INCUMBENT LOCAL EXCHANGE COMPANIES;  RULES.  (a)  Subchapters B, C, and H  may be applied to an incumbent local exchange company that serves fewer than 31,000 access lines only on a bona fide request from a certificated telecommunications utility.
(b)  In applying the rules adopted under Subchapters B, C, and H to a company described by Subsection (a), the commission may modify the rules in the public interest.
(c)  This section takes effect September 1, 1998.
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 A. General Provisions › Section 60.005. Applicability to Certain Larger Incumbent Local Exchange Companies; Rules

Sec. 60.005.  APPLICABILITY TO CERTAIN LARGER INCUMBENT LOCAL EXCHANGE COMPANIES;  RULES.  (a)  Subchapters B, D, and F  may be applied to an incumbent local exchange company that, as of September 1, 1995, has 31,000 or more access lines in this state but fewer than one million access lines in this state only on a bona fide request from a holder of a certificate of operating authority or a service provider certificate of operating authority.
(b)  In applying the rules adopted under Subchapters B, D, and F to a company described by Subsection (a), the commission may modify the rules in the public interest.
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 A. General Provisions › Section 60.006. Bulletin Board Systems Unaffected

Sec. 60.006.  BULLETIN BOARD SYSTEMS UNAFFECTED.  This subtitle does not:
(1)  require the commission to change the rate treatment established by the commission in Docket No. 8387 for a bulletin board system in a residence;
(2)  regulate or tax a bulletin board system or Internet service provider that provides only enhanced or information services and that does not provide a telecommunications service;  or
(3)  require a change in a rate charged to an entity described by Subdivision (2) under a tariff in effect on September 1, 1995.
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 B. Unbundling › Section 60.021. Minimum Unbundling Requirement

Sec. 60.021.  MINIMUM UNBUNDLING REQUIREMENT.  At a minimum, an incumbent local exchange company shall unbundle its network to the extent the Federal Communications Commission orders.
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 B. Unbundling › Section 60.022. Commission Unbundling Orders

Sec. 60.022.  COMMISSION UNBUNDLING ORDERS.  (a)  The commission may adopt an order relating to the issue of unbundling of local exchange company services in addition to the unbundling required by Section 60.021.
(b)  Before ordering further unbundling, the commission must consider the public interest and competitive merits of further unbundling.
(c)  On the request of a party, the commission shall proceed by evidentiary hearing.  If a request for a hearing is not made, the commission may proceed by rulemaking.
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 B. Unbundling › Section 60.023. Assignment of Unbundled Component to Category of Service

Sec. 60.023.  ASSIGNMENT OF UNBUNDLED COMPONENT TO CATEGORY OF SERVICE.  The commission may assign an unbundled component to the appropriate category of services under Chapter 58 according to the purposes and intents of the categories.
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 C. Resale › Section 60.041. Loop Resale Tariff

Sec. 60.041.  LOOP RESALE TARIFF.  (a)  An incumbent local exchange company that on September 1, 1995, serves one million or more access lines or that on or before September 1, 1995, elects regulation under Chapter 58 shall file a usage sensitive loop resale tariff.
(b)  An incumbent local exchange company shall file a usage sensitive loop resale tariff not later than the 60th day after the date a certificate of operating authority or a service provider certificate of operating authority is granted under Chapter 54 if the company:
(1)  serves fewer than one million access lines;  and
(2)  is not an electing company under Chapter 58.
(c)  The commission shall conduct an appropriate proceeding to determine the rates and terms of the resale tariff not later than the 180th day after the date the tariff is filed.
(d)  The commission may not approve a usage sensitive rate unless the rate recovers:
(1)  the total long run incremental cost of the loop on an unseparated basis;  and
(2)  an appropriate contribution to joint and common costs.
(e)  Except as provided by Section 60.044, a person may not purchase from the resale tariff unless the person is the holder of:
(1)  a certificate of convenience and necessity;
(2)  a certificate of operating authority;  or
(3)  a service provider certificate of operating authority.
(f)  In this section, "loop resale" means the purchase of the local distribution channel or loop facility from the incumbent local exchange company to resell to end user customers.
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 C. Resale › Section 60.042. Prohibited Resale or Sharing

Sec. 60.042.  PROHIBITED RESALE OR SHARING.  (a)  A provider of telecommunications service may not impose a restriction on the resale or sharing of a service:
(1)  for which the provider is not a dominant provider;  or
(2)  entitled to regulatory treatment as a nonbasic service under Subchapter E, Chapter 58, if the provider is a company electing regulation under Chapter 58.
(b)  An incumbent local exchange company must comply with the resale provisions of 47 U.S.C. Section 251(c)(4), as amended, unless exempted under 47 U.S.C. Section 251(f), as amended.
(c)  If a company electing under Chapter 58 offers basic or nonbasic services regulated by the commission to its retail customers as a promotional offering, the electing company shall make those services available for resale by a certificated telecommunications utility on terms that are no less favorable than the terms on which the services are made available to retail customers in accordance with this section.  For a promotion with a duration of 90 days or less, the electing company's basic or nonbasic services shall be made available to the certificated telecommunications utility at the electing company's promotional rate, without an avoided-cost discount.  For a promotion with a duration of more than 90 days, the electing company's basic or nonbasic services shall be made available to the certificated telecommunications utility at a rate reflecting the avoided-cost discount, if any, from the promotional rate.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 51, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 60 - Competitive Safeguards › Subchapter C. Resale › Section 60.043. Resale Obligation

Sec. 60.043.  RESALE OBLIGATION.  A holder of a certificate of operating authority or a service provider certificate of operating authority shall permit a local exchange company to resell the holder's loop facilities at the holder's regularly published rates if the local exchange company:
(1)  does not have loop facilities;  and
(2)  has a request for 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 C. Resale › Section 60.044. Elimination of Resale Prohibitions

Sec. 60.044.  ELIMINATION OF RESALE PROHIBITIONS.  (a)  Except as provided by Subsections (c) and (d), the commission shall eliminate all resale prohibitions in the tariffs of an electing company on the:
(1)  completion of the commission's costing and pricing rulemaking;
(2)  completion of rate rebalancing of the incumbent local exchange company rates under Subchapter F;   and
(3)  removal of all prohibitions on an incumbent local exchange company's provision of interLATA services.
(b)  Except as provided by Subsections (c) and (d), the commission shall eliminate all resale prohibitions in the tariffs of an electing company that has one million access lines or more on removal of all prohibitions on the company's provision of interLATA service.
(c)  After the resale prohibitions are eliminated under this section:
(1)  the commission shall continue to prohibit the resale of local exchange or directory assistance flat rate services as a substitute for usage sensitive services;  and
(2)  residence service may not be resold to a business customer.
(d)  A service or function may be offered for resale only to the same class of customer to which the incumbent local exchange company sells the service if the commission finds that:
(1)  as a result of the costing and pricing proceeding the rate for the service or function will be less than the cost of providing the service or function;  and
(2)  the difference in rate and cost will not be recovered from the universal service fund.
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 C. Resale › Section 60.045. Resale or Sharing Arrangements Unaffected

Sec. 60.045.  RESALE OR SHARING ARRANGEMENTS UNAFFECTED.  This subchapter does not change a resale or sharing arrangement permitted in an incumbent local exchange company tariff that:
(1)  existed on September 1, 1995;  or
(2)  was filed on or before May 1, 1995, by an incumbent local exchange company that serves more than five million access lines in this state.
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 D. Imputation › Section 60.061. Rules

Sec. 60.061.  RULES.  (a)  The commission shall adopt rules governing imputation of the price of a service.
(b)  Imputation is a regulatory policy the commission shall apply to prevent an incumbent local exchange company from selling a service or function to another telecommunications utility at a price that is higher than the rate the incumbent local exchange company implicitly includes in services it provides to the company's retail customers.
(c)  The commission may require imputation only of the price of a service that is:
(1)  not generally available from a source other than the incumbent local exchange company;  and
(2)  necessary for the competitor to provide a competing service.
(d)  The commission may require imputation only on a service-by-service basis and may not require imputation on a rate-element-by-element basis.
(e)  For a service for which the commission may require imputation under Subsection (c) and that is provided under a customer specific contract, the commission:
(1)  may require imputation only on a service-by-service basis within the contract;  and
(2)  may not require imputation on a rate-element-by-element basis.
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 D. Imputation › Section 60.062. Exception for Capped Price

Sec. 60.062.  EXCEPTION FOR CAPPED PRICE.  The commission may not require imputation of the price to a local exchange telephone service while the price is capped under Chapter 58 or 59.
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 D. Imputation › Section 60.063. Imputation for Switched Access

Sec. 60.063.  IMPUTATION FOR SWITCHED ACCESS.  The commission shall impute the price of switched access service to the price of each service for which switched access service is a component until switched access service is competitively available.
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 D. Imputation › Section 60.064. Recovery of Cost of Providing Service

Sec. 60.064.  RECOVERY OF COST OF PROVIDING SERVICE.  (a)  An incumbent local exchange company shall demonstrate that the price it charges for retail service recovers the cost of providing the service.
(b)  For purposes of this section, the cost of providing the service is the sum of:
(1)  each specifically tariffed premium rate for each noncompetitive service or service function, or each element of a noncompetitive service or service function, or the functional equivalent, that is used to provide the service;
(2)  the total service long run incremental cost of the competitive services or service functions that are used;
(3)  each cost, not reflected in Subdivision (1) or (2), that is specifically associated with providing the service or group of services;  and
(4)  each cost or surcharge associated with an explicit subsidy applied to all providers of the service to promote universal 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 D. Imputation › Section 60.065. Waivers

Sec. 60.065.  WAIVERS.  If the commission determines that a waiver is in the public interest, the commission may waive an imputation requirement for a public interest service such as:
(1)  9-1-1 service;  or
(2)  dual party relay service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.