reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 43 - Provision of Middle Mile Broadband Service by Electric Utilities › Subchapter B. Development of Middle Mile Broadband Service › Section 43.051. Authorization for Middle Mile Broadband Service

Sec. 43.051.  AUTHORIZATION FOR MIDDLE MILE BROADBAND SERVICE.  (a)  An electric utility may own, construct, maintain, and operate fiber optic cables and other facilities for providing middle mile broadband service in unserved and underserved areas consistent with the requirements of this chapter.  Nothing in this chapter prohibits an entity defined in Section 11.003(9) from providing broadband service to an Internet service provider or owning and operating a broadband system as otherwise permitted by law.
(b)  The electric utility shall determine on a nondiscriminatory basis which Internet service providers may access excess fiber capacity on the electric utility's electric delivery system or other facilities and provide access points to allow connection between the electric utility's electric delivery system or other facilities and the systems of those Internet service providers.  The electric utility shall provide access to excess fiber capacity only on reasonable and nondiscriminatory terms and conditions that assure the electric utility the unimpaired ability to comply with and enforce all applicable federal and state requirements regarding the safety, reliability, and security of the electric delivery system.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 2, eff. September 7, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 727 (H.B. 3853), Sec. 1, eff. June 15, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 43 - Provision of Middle Mile Broadband Service by Electric Utilities › Subchapter B. Development of Middle Mile Broadband Service › Section 43.052. Charges

Sec. 43.052.  CHARGES.   An electric utility that owns and operates facilities to provide middle mile broadband service may lease excess fiber capacity on the electric utility's electric delivery system or other facilities to an Internet service provider on a wholesale basis and shall charge the Internet service provider for the use of the electric utility's system for all costs associated with that use.  The rates, terms, and conditions of a lease of excess fiber capacity described by this section must be nondiscriminatory.  An electric utility may not lease excess fiber capacity to provide middle mile broadband service to an affiliated Internet service provider.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 2, eff. September 7, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 727 (H.B. 3853), Sec. 1, eff. June 15, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 43 - Provision of Middle Mile Broadband Service by Electric Utilities › Subchapter B. Development of Middle Mile Broadband Service › Section 43.053. No Additional Easements or Consideration Required

Sec. 43.053.  NO ADDITIONAL EASEMENTS OR CONSIDERATION REQUIRED.  (a)  Because broadband systems provide benefits to electric delivery systems, the installation of facilities to provide middle mile broadband service on an electric delivery system or other facilities does not require the electric utility or an entity defined in Section 11.003(9) to obtain, modify, or expand easements or other rights-of-way for the middle mile broadband service or to give additional consideration as a result of the installation or the operation of middle mile broadband service on the electric delivery system or other facilities of the electric utility or entity, unless the property owner protests the use as provided by this section.
(b)  Not later than the 60th day before the date an electric utility begins construction in an easement or other property right of fiber optic cables and other facilities for providing middle mile broadband service, the electric utility shall provide written notice to the owners of the affected property of the electric utility's intent to use the easement or other property right for middle mile broadband service.
(c)  Notice under this section must:
(1)  be sent by first class mail to the last known address of each person in whose name the affected property is listed on the most recent tax roll of each county authorized to levy property taxes against the property; and
(2)  state whether any new fiber optic cables used for middle mile broadband service will be located above or below ground in the easement or other property right.
(d)  Not later than the 60th day after the date an electric utility mails notice under this section, a property owner entitled to the notice may submit to the electric utility a written protest of the intended use of the easement or other property right for middle mile broadband service.  An electric utility that receives a timely written protest may not use the easement or other property right for middle mile broadband service unless the protestor later agrees in writing to that use or that use is authorized by law.  If a property owner fails to submit a timely written protest, an electric utility may proceed under Subsection (a) without modifying or expanding the easement for that property owner.
(e)  An electric utility that receives a timely written protest under Subsection (d) regarding proposed middle mile broadband service may cancel the project at any time.
(f)  The requirements of this section do not apply to an existing easement that permits the provision of third-party middle mile broadband service on an electric delivery system.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 2, eff. September 7, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 727 (H.B. 3853), Sec. 1, eff. June 15, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 43 - Provision of Middle Mile Broadband Service by Electric Utilities › Subchapter B. Development of Middle Mile Broadband Service › Section 43.054. Reliability of Electric Systems Maintained

Sec. 43.054.  RELIABILITY OF ELECTRIC SYSTEMS MAINTAINED.  An electric utility that installs and operates facilities to provide middle mile broadband service shall employ all reasonable measures to ensure that the operation of the middle mile broadband service does not interfere with or diminish the reliability of the utility's electric delivery system.  If a disruption in the provision of electric service occurs, the electric utility is governed by the terms and conditions of the retail electric delivery service tariff.  The electric utility may take all necessary actions regarding its middle mile broadband service and the facilities required in the provision of that service to address circumstances that may pose health, safety, security, or reliability concerns.  At all times, the provision of broadband service is secondary to the reliable provision of electric delivery services.  Except as provided by contract or tariff, an electric utility is not liable to any person, including an Internet service provider, for any damages, including direct, indirect, physical, economic, exemplary, or consequential damages, including loss of business, loss of profits or revenue, or loss of production capacity caused by a fluctuation, disruption, or interruption of middle mile broadband service that is caused in whole or in part by:
(1)  force majeure; or
(2)  the electric utility's provision of electric delivery services, including actions taken by the electric utility to ensure the reliability and security of the electric delivery system and actions taken in response to address all circumstances that may pose health, safety, security, or reliability concerns.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 2, eff. September 7, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 727 (H.B. 3853), Sec. 1, eff. June 15, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 43 - Provision of Middle Mile Broadband Service by Electric Utilities › Subchapter C. Implementation of Middle Mile Broadband Service by Electric Utility › Section 43.101. Participation by Electric Utility

Sec. 43.101.  PARTICIPATION BY ELECTRIC UTILITY.  (a)  An electric utility may install and operate facilities to provide middle mile broadband service on any part of its electric delivery system or other facilities for Internet service providers but may not construct new electric delivery facilities for the purpose of expanding the electric utility's middle mile broadband service.
(b)  The installation, operation, and use of middle mile broadband service and the lease of excess fiber capacity by Internet service providers from an electric utility may  not be regulated by any state agency, a municipality, or local government other than as provided by this chapter.
(c)  An electric utility that owns and operates middle mile broadband service:
(1)  may lease excess fiber capacity on the electric utility's electric delivery system or other facilities to an Internet service provider on a wholesale basis; and
(2)  may not provide Internet service to end-use customers on a retail basis.
(d)  The commission or a state or local government or a regulatory or quasi-governmental or a quasi-regulatory authority may not:
(1)  require an electric utility to install or offer middle mile broadband service on the utility's electric delivery system or other facilities;
(2)  require an electric utility to allow others to install middle mile broadband service on the utility's electric delivery system or other facilities; or
(3)  prohibit an electric utility from installing or offering middle mile broadband service on the utility's electric delivery system or other facilities.
(e)  If a municipality or local government is already collecting a charge or fee from the electric utility for the use of the public rights-of-way for the delivery of electricity to retail electric customers, the municipality or local government may not require a franchise or an amendment to a franchise or require an additional charge, fee, or tax from the electric utility for use of the public rights-of-way for middle mile broadband service.
(f)  If the state or a municipality or local government is not already collecting a charge or fee from the electric utility for the use of the public rights-of-way, the state or a municipality or local government may impose a charge on the provision of middle mile broadband service, but the charge may not be greater than the lowest charge that the state or municipality imposes on other providers of broadband service for use of the public rights-of-way in its respective jurisdiction.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 2, eff. September 7, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 727 (H.B. 3853), Sec. 1, eff. June 15, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 43 - Provision of Middle Mile Broadband Service by Electric Utilities › Subchapter C. Implementation of Middle Mile Broadband Service by Electric Utility › Section 43.102. Commission Review of Utility Middle Mile Plan

Sec. 43.102.  COMMISSION REVIEW OF UTILITY MIDDLE MILE PLAN.  (a)  An electric utility that plans a project to deploy middle mile broadband service shall submit to the commission a written plan that includes:
(1)  the route of the middle mile broadband service infrastructure proposed for the project;
(2)  the location of the electric utility's infrastructure that will be used in connection with the project;
(3)  an estimate of potential broadband customers that would be served by the Internet service provider;
(4)  the capacity, number of fiber strands, and any other facilities of the middle mile broadband service that will be available to lease to Internet service providers;
(5)  the estimated cost of the project, including engineering costs, construction costs, permitting costs, right-of-way costs, and a reasonable allowance for funds used during construction;
(6)  the proposed schedule of construction for the project;
(7)  testimony, exhibits, or other evidence that demonstrates the project will allow for the provision and maintenance of middle mile broadband service; and
(8)  any other information that the applicant considers relevant or that the commission requires.
(b)  The commission, after notice and hearing if required by the commission, shall approve the plan if the commission finds that the plan includes all the items required by Subsection (a) and by commission rule.
(c)  The commission must approve, modify, or reject a plan submitted to the commission under this section not later than the 181st day after the date the plan is submitted under Subsection (a).
(d)  An approved plan may be updated or amended subject to commission approval in accordance with this section.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 2, eff. September 7, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 727 (H.B. 3853), Sec. 1, eff. June 15, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 43 - Provision of Middle Mile Broadband Service by Electric Utilities › Subchapter C. Implementation of Middle Mile Broadband Service by Electric Utility › Section 43.103. Cost Recovery for Deployment of Middle Mile Broadband Facilities

Sec. 43.103.  COST RECOVERY FOR DEPLOYMENT OF MIDDLE MILE BROADBAND FACILITIES.  (a)  Where an electric utility  installs facilities used to provide middle mile broadband service under Section 43.051, the electric utility's investment in those facilities is eligible for inclusion in the electric utility's invested capital, and any fees or operating expenses that are reasonable and necessary are eligible for inclusion as operating expenses for purposes of any proceeding under Chapter 36.  The commission may allow an electric utility to recover investment and associated costs in middle mile broadband service if the plan for the service has been submitted and approved under Section 43.102.
(b)  In a proceeding under Chapter 36, revenue received by an electric utility from an Internet service provider for the use of middle mile broadband service must be applied as a revenue credit to customers in proportion to the customers' funding of the underlying infrastructure.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 2, eff. September 7, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 727 (H.B. 3853), Sec. 1, eff. June 15, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 43 - Provision of Middle Mile Broadband Service by Electric Utilities › Subchapter D. Miscellaneous Provisions › Section 43.151. Compliance With Federal and State Law

Sec. 43.151.   COMPLIANCE WITH FEDERAL AND STATE LAW.  An electric utility that owns and operates facilities for the provision of middle mile broadband service shall comply with all applicable federal and state laws.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 2, eff. September 7, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 727 (H.B. 3853), Sec. 1, eff. June 15, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 51 - General Provisions › Section 51.003. Applicability

Sec. 51.003.  APPLICABILITY.  Except as otherwise expressly provided by this title, this title does not apply to:
(1)  a company that as its only form of business:
(A)  is a telecommunications manager;  or
(B)  administers central office based or customer based PBX-type sharing/resale arrangements;
(2)  telegraph services;
(3)  television or radio stations;
(4)  community antenna television services;  or
(5)  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 (Public Law 103-66), other than conventional rural radio-telephone services provided by a wire-line telephone company under the Public Mobile Service rules of the Federal Communications Commission (47 C.F.R. Part 22).
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 51 - General Provisions › Section 51.004. Pricing Flexibility

Sec. 51.004.  PRICING FLEXIBILITY.  (a)  A discount or other form of pricing flexibility may not be:
(1)  unreasonably preferential, prejudicial, or discriminatory;  or
(2)  predatory or anticompetitive.
(b)  This title does not prohibit a volume discount or other discount based on a reasonable business purpose.  A price that is set at or above the long run incremental cost of a service is presumed not to be a predatory price.
(c)  This title allows an offer based on a reasonable business purpose, including an offer made at any time to a selected customer or a group of customers in response to a competitor's offer or a former customer's acceptance of a competitor's offer if the price of the offer meets the requirements of Section 52.0584, 58.063, or 59.031.
(d)  An offer made under Subsection (c) must be made in compliance with Chapter 304, Business & Commerce Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 6, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 32, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.39, eff. April 1, 2009.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 51 - General Provisions › Section 51.005. Assistance to Municipality

Sec. 51.005.  ASSISTANCE TO MUNICIPALITY.  On request of a municipality, the commission may advise and assist the municipality with respect to a question or proceeding arising under this title.  Assistance provided by the commission may include aid to a municipality on a matter pending before the commission or a court, such as making a staff member available as a witness or otherwise providing evidence to the municipality.
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 51 - General Provisions › Section 51.006. Municipal Participation in Ratemaking Proceedings

Sec. 51.006.  MUNICIPAL PARTICIPATION IN RATEMAKING PROCEEDINGS.  (a)  The governing body of a municipality participating in a ratemaking proceeding may engage rate consultants, accountants, auditors, attorneys, and engineers to:
(1)  conduct investigations, present evidence, and advise and represent the governing body;  and
(2)  assist the governing body with litigation before the commission or a court.
(b)  The public utility in the ratemaking proceeding shall reimburse the governing body of the municipality for the reasonable cost of the services of a person engaged under Subsection (a) to the extent the commission determines is reasonable.
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 51 - General Provisions › Section 51.007. Municipal Standing in Certain Cases

Sec. 51.007.  MUNICIPAL STANDING IN CERTAIN CASES.  (a)  A municipality has standing in each case before the commission that relates to a utility providing service in the municipality.
(b)  A municipality's standing is subject to the right of the commission to:
(1)  determine standing in a case involving a retail service area dispute that involves two or more utilities;  and
(2)  consolidate municipalities on an issue of common 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 51 - General Provisions › Section 51.008. Judicial Review

Sec. 51.008.  JUDICIAL REVIEW.  A municipality is entitled to judicial review of a commission order relating to a utility providing services in the municipality as provided by Section 15.001.
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 51 - General Provisions › Section 51.009. Municipal Fees

Sec. 51.009.  MUNICIPAL FEES.  (a)  Nothing in this title, including Section 53.201, may be construed as in any way limiting the right of a public utility to pass through a municipal fee, including an increase in a municipal fee.
(b)  A public utility that traditionally passes through municipal fees shall promptly pass through any municipal fee reduction.
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 51 - General Provisions › Section 51.010. Commission Investigation of Sale, Merger, or Certain Other Actions

Sec. 51.010.  COMMISSION INVESTIGATION OF SALE, MERGER, OR CERTAIN OTHER ACTIONS.  (a)  The commission, not later than the 180th day after the date a public utility reports to the commission under Section 14.101, shall complete an investigation under that section and enter a final order.
(b)  If a final order is not entered as required by Subsection (a), the commission is considered to have determined that the action taken by the public utility is consistent with the public interest.
(c)  Section 14.101 does not apply to:
(1)  a company that receives a certificate of operating authority or a service provider certificate of operating authority under Chapter 54;  or
(2)  a company electing under Chapter 58.
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 52 - Commission Jurisdiction › Subchapter A. General Powers and Duties of Commission › Section 52.001. Policy

Sec. 52.001.  POLICY.  (a)  It is the policy of this state to protect the public interest in having adequate and efficient telecommunications service available to each resident of this state at just, fair, and reasonable rates.
(b)  The telecommunications industry, through technical advancements, federal legislative, judicial, and administrative actions, and the formulation of new telecommunications enterprises, has become and will continue to be in many and growing areas a competitive industry that does not lend itself to traditional public utility regulatory rules, policies, and principles.  As a result, the public interest requires that rules, policies, and principles be formulated and applied to:
(1)  protect the public interest;  and
(2)  provide equal opportunity to each telecommunications utility in a competitive marketplace.
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 52 - Commission Jurisdiction › Subchapter A. General Powers and Duties of Commission › Section 52.002. Authority to Regulate

Sec. 52.002.  AUTHORITY TO REGULATE.  (a)  To carry out the public policy stated by Section 52.001 and to regulate rates, operations, and services so that the rates are just, fair, and reasonable and the services are adequate and efficient, the commission has exclusive original jurisdiction over the business and property of a telecommunications utility in this state subject to the limitations imposed by this title.
(b)  The commission's regulatory authority as to a telecommunications utility other than a public utility is only as prescribed by this title.
(c)  The commission may not require a telecommunications utility that is not a public utility, including a deregulated or transitioning company, to comply with a requirement or standard that is more burdensome than a requirement or standard the commission imposes on a public utility.
(d)  Notwithstanding any other law, a department, agency, or political subdivision of this state may not by rule, order, or other means directly or indirectly regulate rates charged for, service or contract terms for, conditions for, or requirements for entry into the market for Voice over Internet Protocol services or other Internet Protocol enabled services.  This subsection does not:
(1)  affect requirements pertaining to use of a right-of-way or payment of right-of-way fees applicable to Voice over Internet Protocol services under Chapter 283, Local Government Code;
(2)  affect any person's obligation to provide video or cable service, as defined under applicable state or federal law, the applicability of Chapter 66, or a requirement to make a payment under Chapter 66;
(3)  require or prohibit assessment of enhanced 9-1-1, relay access service, or universal service fund fees on Voice over Internet Protocol service;
(4)  affect any entity's obligations under Sections 251 and 252, Communications Act of 1934 (47 U.S.C. Sections 251 and 252), or a right granted to an entity by those sections;
(5)  affect any applicable wholesale tariff;
(6)  grant, modify, or affect the authority of the commission to implement, carry out, or enforce the rights or obligations provided by Sections 251 and 252, Communications Act of 1934 (47 U.S.C. Sections 251 and 252), or of an applicable wholesale tariff through arbitration proceedings or other available mechanisms and procedures;
(7)  require or prohibit payment of switched network access rates or other intercarrier compensation rates, as applicable;
(8)  limit any commission authority over the subjects listed in Subdivisions (1)-(7) or grant the commission any authority over those subjects; or
(9)  affect the assessment, administration, collection, or enforcement of any tax or fee over which the comptroller has authority.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter A. General Powers and Duties of Commission › Section 52.003. Cooperation With Other Regulatory Authorities

Sec. 52.003.  COOPERATION WITH OTHER REGULATORY AUTHORITIES.  In regulating the rates, operations, and services of a telecommunications utility providing service in a municipality located on the state line adjacent to a municipality in an adjoining state, the commission may cooperate with the utility regulatory commission of the adjoining state or of the federal government and may hold a joint hearing or make a joint investigation with that commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter A. General Powers and Duties of Commission › Section 52.004. Commission May Establish Separate Markets

Sec. 52.004.  COMMISSION MAY ESTABLISH SEPARATE MARKETS.  (a)  The commission may establish separate telecommunications markets in this state if the commission determines that the public interest will be served.  The commission shall hold hearings and require evidence as necessary to:
(1)  carry out the public purpose of this chapter;  and
(2)  determine the need and effect of establishing separate markets.
(b)  A provider determined to be a dominant carrier as to a particular telecommunications service in a market may not be presumed to be a dominant carrier of a different telecommunications service in that market.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter A. General Powers and Duties of Commission › Section 52.005. Minimum Requirements for Dominant Carriers

Sec. 52.005.  MINIMUM REQUIREMENTS FOR DOMINANT CARRIERS.  The commission shall impose as minimum requirements for a dominant carrier the same requirements imposed by Subchapter C, except Section 52.107.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter B. Incumbent Local Exchange Companies › Section 52.051. Policy

Sec. 52.051.  POLICY.  In adopting rules and establishing procedures under this subchapter, the commission shall:
(1)  attempt to balance the public interest in a technologically advanced telecommunications system providing a wide range of new and innovative services with traditional regulatory concerns for:
(A)  preserving universal service;
(B)  prohibiting anticompetitive practices;  and
(C)  preventing the subsidization of competitive services with revenues from regulated monopoly services;  and
(2)  incorporate an appropriate mix of regulatory and market mechanisms reflecting the level and nature of competition in the marketplace.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter B. Incumbent Local Exchange Companies › Section 52.052. Applicability

Sec. 52.052.  APPLICABILITY.  This subchapter does not apply to basic local telecommunications service, including local measured service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter B. Incumbent Local Exchange Companies › Section 52.053. Certain Rates Prohibited

Sec. 52.053.  CERTAIN RATES PROHIBITED.  A rate established under this subchapter may not be:
(1)  unreasonably preferential, prejudicial, or discriminatory;
(2)  subsidized either directly or indirectly by a regulated monopoly service;  or
(3)  predatory or anticompetitive.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter B. Incumbent Local Exchange Companies › Section 52.054. Rules and Procedures for Incumbent Local Exchange Companies

Sec. 52.054.  RULES AND PROCEDURES FOR INCUMBENT LOCAL EXCHANGE COMPANIES.  (a)  To carry out the public policy stated in Section 52.001, notwithstanding any other provision of this title, the commission may adopt rules and establish procedures applicable to incumbent local exchange companies to:
(1)  determine the level of competition in a specific telecommunications market or submarket;  and
(2)  provide appropriate regulatory treatment to allow an incumbent local exchange company to respond to significant competitive challenges.
(b)  This section does not change the burden of proof on an incumbent local exchange company under Sections 53.003, 53.006, 53.051, 53.052, 53.053, 53.054, 53.055, 53.057, 53.058, 53.060, and 53.062.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter B. Incumbent Local Exchange Companies › Section 52.055. Hearing to Determine Level of Competition

Sec. 52.055.  HEARING TO DETERMINE LEVEL OF COMPETITION.  In determining the level of competition in a specific market or submarket, the commission shall hold an evidentiary hearing to consider:
(1)  the number and size of telecommunications utilities or other persons providing the same, equivalent, or substitutable service;
(2)  the extent to which the same, equivalent, or substitutable service is available;
(3)  the ability of a customer to obtain the same, equivalent, or substitutable service at comparable rates and terms;
(4)  the ability of a telecommunications utility or other person to make the same, equivalent, or substitutable service readily available at comparable rates and terms;
(5)  the existence of a significant barrier to the entry or exit of a provider of the service;  and
(6)  other relevant information the commission determines is appropriate.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter B. Incumbent Local Exchange Companies › Section 52.056. Specifically Authorized Regulatory Treatments

Sec. 52.056.  SPECIFICALLY AUTHORIZED REGULATORY TREATMENTS.  The regulatory treatments the commission may implement under Section 52.054 include:
(1)  approval of a range of rates for a specific service; and
(2)   the detariffing of rates.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 21 (S.B. 983), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter B. Incumbent Local Exchange Companies › Section 52.058. General Provisions Relating to New or Experimental Services or Promotional Rates

Sec. 52.058.  GENERAL PROVISIONS RELATING TO NEW OR EXPERIMENTAL SERVICES OR PROMOTIONAL RATES.  (a)  To encourage the rapid introduction of new or experimental services or promotional rates, the commission shall adopt rules and establish procedures that allow:
(1)  the expedited introduction of new or experimental services or promotional rates;
(2)  the establishment and adjustment of rates;  and
(3)  the withdrawal of those services or promotional rates.
(b)  The rules and procedures described by Subsection (a) must include rules and procedures to allow the governing body of a municipality served by an incumbent local exchange company having more than 500,000 access lines in this state to make requests to the commission for new or experimental services or promotional rates.
(c)  A rate established or adjusted at the request of a municipality may not:
(1)  result in higher rates for ratepayers outside the municipal boundaries;  or
(2)  include a rate for incumbent local exchange company interexchange service or interexchange carrier access service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter B. Incumbent Local Exchange Companies › Section 52.0583. New Services

Sec. 52.0583.  NEW SERVICES.  (a)  An incumbent local exchange company may introduce a new service 10 days after providing an informational notice to the commission, to the office, and to any person who holds a certificate of operating authority in the incumbent local exchange company's certificated area or areas or who has an effective interconnection agreement with the incumbent local exchange company.
(b)  An incumbent local exchange company shall price each new service at or above the service's long run incremental cost.  The commission shall allow a company serving fewer than one million access lines in this state to establish a service's long run incremental cost by adopting, at that company's option, the cost studies of a larger company for that service that have been accepted by the commission.
(c)  An affected person, the office on behalf of residential or small commercial customers, or the commission may file a complaint at the commission challenging whether the pricing by an incumbent local exchange company of a new service is in compliance with Subsection (b).
(d)  If a complaint is filed under Subsection (c), the incumbent local exchange company has the burden of proving that the company set the price for the new service in accordance with the applicable provisions of this subchapter.  If the complaint is finally resolved in favor of the complainant, the company:
(1)  shall, not later than the 10th day after the date the complaint is finally resolved, amend the price of the service as necessary to comply with the final resolution;  or
(2)  may, at the company's option, discontinue the service.
(e)  A company electing incentive regulation under Chapter 58 or 59 may introduce new services only in accordance with the applicable provisions of Chapter 58 or 59.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 8, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter B. Incumbent Local Exchange Companies › Section 52.0584. Pricing and Packaging Flexibility; Customer Promotional Offerings

Sec. 52.0584.  PRICING AND PACKAGING FLEXIBILITY;  CUSTOMER PROMOTIONAL OFFERINGS.  (a)  Notwithstanding any other provision of this title, an incumbent local exchange company may exercise pricing flexibility in accordance with this section, including the packaging of any regulated service such as basic local telecommunications service with any other regulated or unregulated service or any service of an affiliate.  The company may exercise pricing flexibility 10 days after providing an informational notice to the commission, to the office, and to any person who holds a certificate of operating authority in the incumbent local exchange company's certificated area or areas or who has an effective interconnection agreement with the incumbent local exchange company.  Pricing flexibility includes all pricing arrangements included in the definition of "pricing flexibility" prescribed by Section 51.002 and includes packaging of any regulated service with any unregulated service or any service of an affiliate.
(b)  An incumbent local exchange company, at the company's option, shall price each regulated service offered separately or as part of a package under Subsection (a) at either the service's tariffed rate or at a rate not lower than the service's long run incremental cost.  The commission shall allow a company serving fewer than one million access lines in this state to establish a service's long run incremental cost by adopting, at that company's option, the cost studies of a larger company for that service that have been accepted by the commission.
(c)  An affected person, the office on behalf of residential or small commercial customers, or the commission may file a complaint alleging that an incumbent local exchange company has priced a regulated service in a manner that does not meet the pricing standards of this subchapter.  The complaint must be filed before the 31st day after the date the company implements the rate.
(d)  A company electing incentive regulation under Chapter 58 or 59 may use pricing and packaging flexibility and introduce customer promotional offerings only in accordance with the applicable provisions of Chapter 58 or 59.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 8, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter B. Incumbent Local Exchange Companies › Section 52.0585. Customer Promotional Offerings

Sec. 52.0585.  CUSTOMER PROMOTIONAL OFFERINGS.  (a)  An incumbent local exchange company may offer a promotion for a regulated service for not more than 90 days in any 12-month period.
(b)  The company shall file with the commission a promotional offering that consists of:
(1)  waiver of installation charges or service order charges, or both, for not more than 90 days in a 12-month period;  or
(2)  a temporary discount of not more than 25 percent from the tariffed rate for not more than 60 days in a 12-month period.
(c)  An incumbent local exchange company is not required to obtain commission approval to make a promotional offering described by Subsection (b).
(d)  An incumbent local exchange company may offer a promotion of any regulated service as part of a package of services consisting of any regulated service with any other regulated or unregulated service or any service of an affiliate.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 8, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter B. Incumbent Local Exchange Companies › Section 52.059. Rates to Cover Appropriate Costs

Sec. 52.059.  RATES TO COVER APPROPRIATE COSTS.  (a)  The commission by rule shall adopt standards necessary to ensure that a rate established under this subchapter covers appropriate costs as determined by the commission.
(b)  Until standards are set under Subsection (a), the commission shall use a costing methodology that is in the public interest to determine whether a rate established under this subchapter covers appropriate costs.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter B. Incumbent Local Exchange Companies › Section 52.060. Administrative Fee or Assessment

Sec. 52.060.  ADMINISTRATIVE FEE OR ASSESSMENT.  The commission may prescribe and collect a fee or assessment from local exchange companies necessary to recover the cost to the commission and to the office of activities carried out and services provided under this subchapter and Section 12.203.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 410 (H.B. 1500), Sec. 44, eff. September 1, 2023.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers › Section 52.101. Applicability

Sec. 52.101.  APPLICABILITY.  This subchapter applies only to a telecommunications utility that is not:
(1)  a dominant carrier;  or
(2)  the holder of a certificate of operating authority or a service provider certificate of operating authority.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers › Section 52.102. Limited Regulatory Authority

Sec. 52.102.  LIMITED REGULATORY AUTHORITY.  (a)  Except as otherwise provided by this subchapter, Subchapters D and K, Chapter 55, and Section 55.011, the commission has only the following jurisdiction over a telecommunications utility subject to this subchapter:
(1)  to require registration under Section 52.103;
(2)  to conduct an investigation under Section 52.104;
(3)  to require the filing of reports as the commission periodically directs;
(4)  to require the maintenance of statewide average rates or prices of telecommunications service;
(5)  to require a telecommunications utility that had more than six percent of the total intrastate access minutes of use as measured for the most recent 12-month period to pass switched access rate reductions under this title to customers as required by Section 52.112;
(6)  to require access to telecommunications service under Section 52.105;  and
(7)  to require the quality of telecommunications service provided to be adequate under Section 52.106.
(b)  The authority provided by Subsection (a)(5) expires on the date on which Section 52.112 expires.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.04(a), eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1212, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers › Section 52.103. Registration Required

Sec. 52.103.  REGISTRATION REQUIRED.  (a)  A telecommunications utility shall register with the commission not later than the 30th day after the date the utility commences service to the public.
(b)  A telecommunications utility that registers under Subsection (a) shall file with the commission a description of:
(1)  the location and type of service provided;
(2)  the price to the public of that service;  and
(3)  other registration information the commission directs.
(c)  An interexchange telecommunications utility doing business in this state shall maintain on file with the commission tariffs or lists governing the terms of providing its services.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers › Section 52.1035. Renewal of Certain Certificates

Sec. 52.1035.  RENEWAL OF CERTAIN CERTIFICATES.  (a)  The commission by rule shall require each holder of a certificate of operating authority and holder of a service provider certificate of operating authority to file with the commission on a one-time or regular basis:
(1)  the certificate holder's name;
(2)  the certificate holder's address; and
(3)  the most recent version of each annual report the commission requires the certificate holder to file under this subtitle.
(b)  The rules must:
(1)  require the commission to automatically allow a certificate holder an extension of a filing deadline for the number of days prescribed by the rule, as applicable; and
(2)  state that the certificate of a holder will not be valid after the last day of the automatic extension period described by Subdivision (1) if the certificate holder does not file information required by the commission under this section by the end of the automatic extension period.
(c)  A certificate holder whose certificate is no longer valid may obtain a new certificate only by complying with the requirements prescribed for obtaining an original certificate.
Added by Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 1.11, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers › Section 52.104. Commission May Investigate

Sec. 52.104.  COMMISSION MAY INVESTIGATE.  (a)  The commission may investigate as necessary to determine the effect and scope of competition in the telecommunications industry.  The investigation may include:
(1)  identifying dominant carriers in the local telecommunications and intraLATA interexchange telecommunications industry;  and
(2)  defining the telecommunications market or markets.
(b)  In conducting an investigation under this section, the commission may:
(1)  hold a hearing;
(2)  issue a subpoena to compel the attendance of a witness or the production of a document;  and
(3)  make findings of fact and decisions to administer this title or a rule, order, or other action of the commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.