reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter D. Statewide Telecommunications Relay Access Service › Section 56.105. Trial Service Costs and Design Information

Sec. 56.105.  TRIAL SERVICE COSTS AND DESIGN INFORMATION.  If the commission orders a local exchange company to provide for a trial telecommunications relay access service for persons with an impairment of hearing or speech, all pertinent costs and design information from the trial must be made available to the public.
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 56 - Telecommunications Assistance and Universal Service Fund › Subchapter D. Statewide Telecommunications Relay Access Service › Section 56.106. Telecommunications Relay Access Service Assessments

Sec. 56.106.  TELECOMMUNICATIONS RELAY ACCESS SERVICE ASSESSMENTS.  (a)  The commission shall set appropriate assessments for all telecommunications utilities to fund the telecommunications relay access service.
(b)  In setting an assessment, the commission shall consider:
(1)  the aggregate calling pattern of service users;  and
(2)  any other factor the commission finds appropriate and in the public interest.
(c)  The commission shall:
(1)  review the assessments annually;  and
(2)  adjust the assessments as 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 56 - Telecommunications Assistance and Universal Service Fund › Subchapter D. Statewide Telecommunications Relay Access Service › Section 56.107. Universal Service Fund Surcharge

Sec. 56.107.  UNIVERSAL SERVICE FUND SURCHARGE.  (a)  A telecommunications utility may recover the utility's universal service fund assessment for the telecommunications relay access service through a surcharge added to the utility customers' bills.
(b)  The commission shall specify how each telecommunications utility is to determine the amount of the surcharge.
(c)  If a telecommunications utility imposes the surcharge, the bill shall list the surcharge as the "universal service fund surcharge."
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 56 - Telecommunications Assistance and Universal Service Fund › Subchapter D. Statewide Telecommunications Relay Access Service › Section 56.108. Selection of Telecommunications Relay Access Service Carrier

Sec. 56.108.  SELECTION OF TELECOMMUNICATIONS RELAY ACCESS SERVICE CARRIER.  (a)  The commission shall select one telecommunications carrier to provide the statewide telecommunications relay access service.
(b)  The commission shall make a written award of the contract to the telecommunications carrier whose proposal is the most advantageous to this state, considering:
(1)  price;
(2)  the interests of the community of persons with an impairment of hearing or speech in having access to a high quality and technologically advanced telecommunications system;  and
(3)  any other factor listed in the commission's request for proposals.
(c)  The commission shall consider each proposal in a manner that does not disclose the contents of the proposal to a telecommunications carrier making a competing proposal.
(d)  The commission's evaluation of a telecommunications carrier's proposal shall include the:
(1)  charges for the service;
(2)  service enhancements proposed by the carrier;
(3)  technological sophistication of the network proposed by the carrier;  and
(4)  date proposed for beginning the service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter D. Statewide Telecommunications Relay Access Service › Section 56.1085. Special Features for Relay Access Service

Sec. 56.1085.  SPECIAL FEATURES FOR RELAY ACCESS SERVICE.  (a)  The commission may contract for a special feature for the state's telecommunications relay access service if the commission determines:
(1)  the feature will benefit the communication of persons with an impairment of hearing or speech;
(2)  installation of the feature will be of benefit to the state;  and
(3)  the feature will make the relay access service available to a greater number of users.
(b)  If the carrier selected to provide the telecommunications relay access service under Section 56.108 is unable to provide the special feature at the best value to the state, the commission may make a written award of a contract for a carrier to provide the special feature to the telecommunications carrier whose proposal is most advantageous to the state, considering:
(1)  the factors provided by Section 56.108(b);  and
(2)  the past performance, demonstrated capability, and experience of the carrier.
(c)  The commission shall consider each proposal in a manner that does not disclose the contents of the proposal to a telecommunications carrier making a competing proposal.
(d)  The commission's evaluation of a telecommunications carrier's proposal shall include the considerations provided by Section 56.108(d).
Added by Acts 1999, 76th Leg., ch. 1553, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter D. Statewide Telecommunications Relay Access Service › Section 56.109. Compensation of Carrier

Sec. 56.109.  COMPENSATION OF CARRIER.  (a)  The telecommunications carrier selected to provide the telecommunications relay access service under Section 56.108 or the carrier selected to provide a special feature for the telecommunications relay access service under Section 56.1085 shall be compensated at rates and on terms provided by the carrier's contract with the commission.
(b)  The compensation may include:
(1)  a return on the investment required to provide the service;  and
(2)  compensation for unbillable or uncollectible calls placed through the service.
(c)  Compensation for unbillable or uncollectible calls is subject to a reasonable limitation determined by the commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1553, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter D. Statewide Telecommunications Relay Access Service › Section 56.110. Advisory Committee

Sec. 56.110.  ADVISORY COMMITTEE.  (a)  An advisory committee to assist the commission in administering this subchapter is composed of the following persons appointed by the commission:
(1)  two persons with disabilities that impair the ability to effectively access the telephone network other than disabilities described by Subdivisions (2)-(7);
(2)  one deaf person recommended by the Texas Deaf Caucus;
(3)  one deaf person recommended by the Texas Association of the Deaf;
(4)  one person with a hearing impairment recommended by Self-Help for the Hard of Hearing;
(5)  one person with a hearing impairment recommended by the American Association of Retired Persons;
(6)  one deaf and blind person recommended by the Texas Deaf/Blind Association;
(7)  one person with a speech impairment and one person with a speech and hearing impairment recommended by the Coalition of Texans with Disabilities;
(8)  two representatives of telecommunications utilities, one representing a nonlocal exchange utility and one representing a local exchange company, chosen from a list of candidates provided by the Texas Telephone Association;
(9)  two persons, at least one of whom is deaf, with experience in providing relay services recommended by the department; and
(10)  two public members recommended by organizations representing consumers of telecommunications services.
(b)  Members of the advisory committee serve two-year terms.  A member whose term has expired shall continue to serve until a qualified replacement is appointed.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.08(b), eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1553, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 532 (S.B. 512), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter D. Statewide Telecommunications Relay Access Service › Section 56.111. Advisory Committee Duties

Sec. 56.111.  ADVISORY COMMITTEE DUTIES.  The advisory committee shall:
(1)  monitor the establishment, administration, and promotion of the statewide telecommunications relay access service;
(2)  advise the commission in pursuing a service that meets the needs of persons with an impairment of hearing or speech in communicating with other telecommunications services users; and
(3)  advise the department, at that department's request, regarding any issue related to the specialized telecommunications assistance program established under Subchapter E, including:
(A)  devices or services suitable to meet the needs of persons with disabilities in communicating with other users of telecommunications services; and
(B)  oversight and administration of the program.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.08(c), eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1553, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 532 (S.B. 512), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter D. Statewide Telecommunications Relay Access Service › Section 56.112. Advisory Committee Support and Costs

Sec. 56.112.  ADVISORY COMMITTEE SUPPORT AND COSTS.  (a)  The commission shall provide to the advisory committee:
(1)  clerical and staff support;  and
(2)  a secretary to record committee meetings.
(b)  The costs associated with the advisory committee shall be reimbursed from the universal service fund.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.08(d), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter D. Statewide Telecommunications Relay Access Service › Section 56.113. Advisory Committee Compensation and Expenses

Sec. 56.113.  ADVISORY COMMITTEE COMPENSATION AND EXPENSES.  A member of the advisory committee serves without compensation but is entitled to reimbursement at rates established for state employees for travel and per diem incurred in the performance of the member's official duties.
Added by Acts 2001, 77th Leg., ch. 1158, Sec. 93, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter E. Specialized Telecommunications Assistance Program › Section 56.151. Specialized Telecommunications Assistance Program

Sec. 56.151.  SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM.  (a)  The executive commissioner, after consulting with the department, by rule shall establish a specialized telecommunications assistance program to provide financial assistance to individuals with disabilities that impair the individuals' ability to effectively access the telephone network to assist the individuals with the purchase of basic specialized equipment or services to provide the individuals with telephone network access that is functionally equivalent to that enjoyed by individuals without disabilities.  The executive commissioner may adopt rules that identify devices and services eligible for vouchers under the program.
(b)  The department may contract, as necessary, to implement and administer the specialized telecommunications assistance program.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.08(e), eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 1553, Sec. 7, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 424, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 532 (S.B. 512), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter E. Specialized Telecommunications Assistance Program › Section 56.152. Eligibility

Sec. 56.152.  ELIGIBILITY.  The executive commissioner, after consulting with the department, by rule shall prescribe eligibility standards for individuals, including deaf individuals and individuals who have an impairment of hearing or speech, to receive an assistance voucher under the program.  To be eligible, an individual must be a resident of this state with a disability that impairs the individual's ability to effectively access the telephone network.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.08(e), eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 1553, Sec. 7, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 424, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 532 (S.B. 512), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter E. Specialized Telecommunications Assistance Program › Section 56.154. Department Duties

Sec. 56.154.  DEPARTMENT DUTIES.  (a)  Not later than the 45th day after the date the department receives a voucher a telecommunications device distributor presents for payment or a voucher a telecommunications service provider presents for payment, the department shall pay to the distributor or service provider the lesser of the value of a voucher properly exchanged for a specialized telecommunications device or service or the full price of the device or service for which a voucher recipient exchanges the voucher.  The payments must be made from the universal service fund.
(b)  The department may investigate whether the presentation of a voucher for payment represents a valid transaction for a telecommunications device or service under the program.
(c)  Notwithstanding Section 56.153(a), the department may:
(1)  delay payment of a voucher to a distributor of devices or a service provider if there is a dispute regarding the amount or propriety of the payment or whether the device or service is appropriate or adequate to meet the needs of the person to whom the department issued the voucher until the dispute is resolved;
(2)  provide that payment of the voucher is conditioned on the return of the payment if the device is returned to the distributor or if the service is not used by the person to whom the voucher was issued; and
(3)  provide an alternative dispute resolution process for resolving a dispute regarding a subject described by Subdivision (1) or (2).
(d)  The executive commissioner, after consulting with the department, may adopt rules to implement this section.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.08(e), eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 1553, Sec. 7, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 532 (S.B. 512), Sec. 9, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter E. Specialized Telecommunications Assistance Program › Section 56.155. Recovery of Specialized Telecommunications Device Assistance Program Surcharge

Sec. 56.155.  RECOVERY OF SPECIALIZED TELECOMMUNICATIONS DEVICE ASSISTANCE PROGRAM SURCHARGE.  (a)  The commission shall allow a telecommunications utility to recover the universal service fund assessment related to the specialized telecommunications assistance program through a surcharge added to the utility's customers' bills.
(b)  The commission shall specify how each utility must determine the amount of the surcharge and by rule shall prohibit a utility from recovering an aggregation of more than 12 months of assessments in a single surcharge.  The rules must require a utility to apply for approval of a surcharge before the 91st day after the date the period during which the aggregated surcharges were assessed closes.
(c)  If a utility chooses to impose the surcharge, the utility shall include the surcharge in the "universal service fund surcharge" listing as provided by Section 56.107.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.08(e), eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 1553, Sec. 8, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter E. Specialized Telecommunications Assistance Program › Section 56.156. Promotion of Program

Sec. 56.156.  PROMOTION OF PROGRAM.  The department may promote the program established under this subchapter by means of participation in events, advertisements, pamphlets, brochures, forms, pins, or other promotional items or efforts that provide contact information for persons interested in applying for a voucher under the program.
Added by Acts 2001, 77th Leg., ch. 424, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 532 (S.B. 512), Sec. 10, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter F. Service to Uncertificated Area › Section 56.201. Definition

Sec. 56.201.  DEFINITION.  In this subchapter, "permanent residential or business premises" means a premises that has permanent facilities for water, wastewater, and electricity.
Added by Acts 2001, 77th Leg., ch. 651, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter F. Service to Uncertificated Area › Section 56.202. Designation of Provider

Sec. 56.202.  DESIGNATION OF PROVIDER.  (a)  Notwithstanding Section 54.001, the commission may designate a telecommunications provider under this section to provide voice-grade services to permanent residential or business premises that are not included within the certificated area of a holder of a certificate of convenience and necessity.
(b)  The commission may designate a provider only if the provider is otherwise eligible to receive universal service funds under Section 56.023(b).
Added by Acts 2001, 77th Leg., ch. 651, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter F. Service to Uncertificated Area › Section 56.203. Petition for Service

Sec. 56.203.  PETITION FOR SERVICE.  Persons residing in permanent residential premises or owners of permanent residential or business premises that are not included within the certificated area of a holder of a certificate of convenience and necessity may petition the commission to designate a telecommunications provider to provide to those premises voice-grade services supported by state and federal universal service support mechanisms.
Added by Acts 2001, 77th Leg., ch. 651, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter F. Service to Uncertificated Area › Section 56.204. Contents of Petition

Sec. 56.204.  CONTENTS OF PETITION.  (a)  A petition for designation of a service provider must:
(1)  state with reasonable particularity the locations of the permanent residential or business premises for which the petitioners are requesting service;
(2)  establish that those locations are within reasonable proximity to one another so that the petitioners possess a sufficient community of interest to warrant the designation of a provider and the expenditure of universal service funds necessary to establish service;
(3)  except as provided by Subsection (b), be signed by at least five persons who:
(A)  are not members of the same household;
(B)  reside in the permanent residential premises or are the owners of the permanent residential or business premises for which service is sought and that are not located within a certificated area;
(C)  want service to those premises;  and
(D)  commit to pay the aid to construction charges for service to those premises as determined by the commission;
(4)  nominate as potential providers of service not more than five telecommunications providers serving territory that is contiguous to the location of the permanent residential or business premises using wireless or wireline facilities, resale, or unbundled network elements;  and
(5)  include as an attachment or an appendix documentation indicating the required residence or ownership, including a state-issued license or identification, tax records, deeds, or voter registration materials.
(b)  The commission may accept a petition that is signed by fewer than five persons if a petitioner provides an affidavit stating that the petitioners have taken all reasonable steps to secure the signatures of the residents of permanent residential premises or the owners of permanent residential or business premises within reasonably close proximity to the petitioning premises who are not receiving telephone service when the petition is filed and who want telephone service initiated.
Added by Acts 2001, 77th Leg., ch. 651, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter F. Service to Uncertificated Area › Section 56.205. Hearing

Sec. 56.205.  HEARING.  If the commission finds that the petition complies with Section 56.204, the commission shall hold an evidentiary hearing to determine if a telecommunications provider is willing to be designated to provide service to those premises or, if a provider is not willing to be designated, to determine the telecommunications provider that is best able to serve those premises under the criteria prescribed by this subchapter.
Added by Acts 2001, 77th Leg., ch. 651, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter F. Service to Uncertificated Area › Section 56.206. Denial of Petition

Sec. 56.206.  DENIAL OF PETITION.  The commission shall deny a petition if the commission determines that services cannot be extended to the petitioning premises at a reasonable cost.  In making that determination, the commission shall consider all relevant factors, including:
(1)  the original cost to be incurred by a designated provider to deploy service to the petitioning premises, and the effect of reimbursement of those costs on the state universal service fund;
(2)  the number of access lines requested by the petitioners for the petitioning premises;
(3)  the size of the geographic territory in which the petitioning premises are included;
(4)  the proximity of existing facilities and the existence of a preferred designated provider under Section 56.213;  and
(5)  any technical barriers to the provision of service.
Added by Acts 2001, 77th Leg., ch. 651, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter F. Service to Uncertificated Area › Section 56.207. Order

Sec. 56.207.  ORDER.  In any order granting a petition, the commission shall:
(1)  approve the facilities to be deployed based on the estimated costs of deployment submitted in accordance with Section 56.208(a);
(2)  approve the amount of original cost of deployment to be recovered from the state universal service fund and the terms of original cost recovery under Section 56.209;  and
(3)  approve the recurring cost recovery under Section 56.209, including the monthly rate for services and the monthly per line fee to be recovered from the state universal service fund under that section.
Added by Acts 2001, 77th Leg., ch. 651, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter F. Service to Uncertificated Area › Section 56.208. Designation of Provider

Sec. 56.208.  DESIGNATION OF PROVIDER.  (a)  In determining which nominated telecommunications provider the commission will designate to provide service to the petitioning premises, the commission shall consider the relative estimated cost to be incurred by contiguous providers to serve the petitioning premises and give preference to the provider having the least cost technology that meets the quality of service standards prescribed by the commission applicable to that provider.
(b)  The commission may not designate a telecommunications provider to serve the petitioning premises unless the premises are located in an area that is contiguous to an area in which the telecommunications provider has previously been designated eligible to receive universal service funding under Section 56.023(b).  This subsection does not apply if the commission designates the provider after the provider voluntarily agrees to provide service to the petitioning premises.
Added by Acts 2001, 77th Leg., ch. 651, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter F. Service to Uncertificated Area › Section 56.210. Aid to Construction Charge; Contract for Services

Sec. 56.210.  AID TO CONSTRUCTION CHARGE;  CONTRACT FOR SERVICES.  The commission shall establish a reasonable aid to construction charge, not to exceed $3,000, to be assessed each petitioner.  The commission may not require a designated provider to begin construction until:
(1)  each petitioner has paid or executed an agreement acceptable to the provider to pay the aid to construction charge;  and
(2)  each petitioner has executed an assignable agreement for subscription to basic local service to the petitioning premises from the designated provider for a period at least equal to the period during which the provider will receive reimbursement for the original cost of deployment under Section 56.209(b).
Added by Acts 2001, 77th Leg., ch. 651, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter F. Service to Uncertificated Area › Section 56.211. Permanent Premises Required

Sec. 56.211.  PERMANENT PREMISES REQUIRED.  A telecommunications provider may not under any circumstances be required to extend service to a location that is not a permanent residential or business premises or be required to provide service to the petitioning premises before the 180th day after the date the provider was designated to provide service to the petitioning premises.
Added by Acts 2001, 77th Leg., ch. 651, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter F. Service to Uncertificated Area › Section 56.212. Subsequent Related Petitions

Sec. 56.212.  SUBSEQUENT RELATED PETITIONS.  (a)  If the commission approves a petition requesting service, residents of permanent residential premises or owners of permanent residential or business premises in reasonable proximity to the premises that were the subject of an approved petition who did not sign the prior petition requesting service are not entitled to receive service under this subchapter until the fifth anniversary of the date the prior petition was filed unless the residents or owners file a new petition under this subchapter and agree to pay aid to construction charges on the same terms as applicable to the prior petitioners.
(b)  The designated provider shall receive reimbursement for the original cost of deployment and actual recurring costs of providing service to those additional residents in the same manner as the provider received reimbursement of those costs in relation to the prior petitioners.  The provider may not receive reimbursement for the original cost of deployment under a subsequent petition if the provider previously received complete reimbursement for those costs from the state universal service fund.  If the state universal service fund has completely reimbursed the original cost of deployment as provided by this subchapter, each subsequent petitioner must pay into the state universal service fund an amount equal to the aid to construction charge paid by each prior petitioner.
Added by Acts 2001, 77th Leg., ch. 651, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter F. Service to Uncertificated Area › Section 56.213. Preferred Provider

Sec. 56.213.  PREFERRED PROVIDER.  (a)  A provider who is designated to serve petitioning premises located within an uncertificated area under this subchapter is the preferred provider for any permanent residential or business premises in reasonable proximity to those petitioning premises for later petitions filed under Section 56.212.
(b)  A preferred designated provider is entitled to an opportunity for a hearing under Section 56.205 on a petition filed under Section 56.203.
Added by Acts 2001, 77th Leg., ch. 651, Sec. 4, eff. Sept. 1, 2001.
Sec. 56.214.  CERTIFICATE NOT AMENDED.  The designation of a provider to serve permanent residential or business premises within an uncertificated area under this subchapter does not have the effect of:
(1)  amending the boundaries of the provider's certificate to provide local exchange service;  or
(2)  imposing carrier of last resort responsibilities on the provider.
Added by Acts 2001, 77th Leg., ch. 651, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter G. Funding for Certain Telecommunications Utilities › Section 56.251. Definition

Sec. 56.251.  DEFINITION.  In this subchapter, "successor utility" has the meaning assigned by Section 54.301.
Added by Acts 2003, 78th Leg., ch. 76, Sec. 7, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter G. Funding for Certain Telecommunications Utilities › Section 56.252. Telecommunications Utilities Eligible to Receive Funding Under This Subchapter

Sec. 56.252.  TELECOMMUNICATIONS UTILITIES ELIGIBLE TO RECEIVE FUNDING UNDER THIS SUBCHAPTER.  A telecommunications utility may receive funding under this subchapter only if:
(1)  the telecommunications utility is eligible to receive universal service funding under Section 56.023(b);  and
(2)  the telecommunications utility is designated as a successor utility under Section 54.303.
Added by Acts 2003, 78th Leg., ch. 76, Sec. 7, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter G. Funding for Certain Telecommunications Utilities › Section 56.253. Determination of Successor Utility's Costs to Be Recovered

Sec. 56.253.  DETERMINATION OF SUCCESSOR UTILITY'S COSTS TO BE RECOVERED.  (a)  At the time the commission designates the successor utility under Section 54.303, the commission shall determine the extent to which the utility should recover the costs the utility will incur in accepting and establishing service to the affected service area.
(b)  In making the determination under Subsection (a), the commission shall consider relevant information, including the costs of acquiring and restoring or upgrading the utility's facilities in the geographic area as necessary to make those facilities compatible with the facilities in the utility's other certificated service areas and to comply with commission quality of service standards.
Added by Acts 2003, 78th Leg., ch. 76, Sec. 7, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter G. Funding for Certain Telecommunications Utilities › Section 56.254. Recovery of Costs

Sec. 56.254.  RECOVERY OF COSTS.  The commission order designating the successor utility under Section 54.303 shall authorize the utility to recover the costs determined under Section 56.253.  The costs may be amortized and recovered from the state universal service fund, together with interest at the prevailing commercial lending rate:
(1)  not later than the first anniversary of the date of the order if the costs are not more than $1 million;
(2)  not later than the second anniversary of the date of the order if the costs are more than $1 million but no more than $2 million;  and
(3)  not later than the third anniversary of the date of the order if the costs are more than $2 million.
Added by Acts 2003, 78th Leg., ch. 76, Sec. 7, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 56 - Telecommunications Assistance and Universal Service Fund › Subchapter H. Audio Newspaper Program › Section 56.301. Audio Newspaper Assistance Program

Sec. 56.301.  AUDIO NEWSPAPER ASSISTANCE PROGRAM.  The commission by rule shall establish a program to provide from the universal service fund financial assistance for a free telephone service for blind and visually impaired persons that offers the text of newspapers using synthetic speech.  The commission may adopt rules to implement the program.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 17, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 57 - Distance Learning and Other Advanced Services › Subchapter A. General Provisions › Section 57.001. Conflict of Provisions

Sec. 57.001.  CONFLICT OF PROVISIONS.  If this chapter conflicts with another provision of this title, this chapter prevails.
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 57 - Distance Learning and Other Advanced Services › Subchapter B. Distance Learning and Information Sharing › Section 57.021. Definitions

Sec. 57.021.  DEFINITIONS.  In this subchapter:
(1)  "Distance learning" means an instruction, learning, or training resource, including video, data, voice, or electronic information, that is:
(A)  used by an educational institution predominantly for instruction, learning, or training;  and
(B)  transmitted from a site to one or more other sites by a telecommunications service.
(2)  "Educational institution" includes:
(A)  an accredited primary or secondary school;
(B)  an institution of higher education as defined by Section 61.003, Education Code;
(C)  a private institution of higher education accredited by a recognized accrediting agency as defined by Section 61.003, Education Code;
(D)  the Texas Education Agency and its successors and assigns;
(E)  a regional education service center established and operated in accordance with Chapter 8, Education Code;  or
(F)  the Texas Higher Education Coordinating Board and its successors and assigns.
(3)  "Library" means:
(A)  a public library or regional library system as defined by Section 441.122, Government Code;  or
(B)  a library operated by an institution of higher education or a school district.
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 57 - Distance Learning and Other Advanced Services › Subchapter B. Distance Learning and Information Sharing › Section 57.022. Reduced Rates for Distance Learning or Information Sharing Services

Sec. 57.022.  REDUCED RATES FOR DISTANCE LEARNING OR INFORMATION SHARING SERVICES.  (a)  The commission by rule shall require a dominant carrier to file a tariff that includes a reduced rate for a telecommunications service the commission finds is directly related to:
(1)  a distance learning activity that is or could be conducted by an educational institution in this state;  or
(2)  an information sharing program that is or could be conducted by a library in this state.
(b)  The commission rules shall specify:
(1)  each telecommunications service to which Subsection (a) applies;
(2)  the process for an educational institution or library to qualify for a reduced rate;
(3)  the date by which a dominant carrier is required to file a tariff;
(4)  guidelines and criteria that require the services and reduced rates to further the goals prescribed by Section 57.023;  and
(5)  any other requirement or term that the commission determines to be in the public interest.
(c)  The commission is not required to determine the long run incremental cost of providing a service before approving a reduced rate for the service.
(d)  Until cost determination rules are developed and the rates established under this section are changed as necessary to ensure proper cost recovery, the reduced rates established by the commission shall be equal to 75 percent of the otherwise applicable rate.
(e)  After the commission develops cost determination rules for telecommunications services generally, the commission shall ensure that a reduced rate approved under this section:
(1)  recovers service-specific long run incremental costs;  and
(2)  avoids subsidizing an educational institution or a library.
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 57 - Distance Learning and Other Advanced Services › Subchapter B. Distance Learning and Information Sharing › Section 57.023. Service and Rate Requirements

Sec. 57.023.  SERVICE AND RATE REQUIREMENTS.  The services and reduced rates must be designed to:
(1)  encourage the development and offering of:
(A)  distance learning activities by educational institutions;  and
(B)  information sharing programs of libraries;
(2)  meet the:
(A)  distance learning needs identified by the educational community;  and
(B)  information sharing needs identified by libraries;  and
(3)  recover the long run incremental costs of providing the services, to the extent those costs can be identified, to avoid subsidizing an educational institution or a library.
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 57 - Distance Learning and Other Advanced Services › Subchapter B. Distance Learning and Information Sharing › Section 57.024. Tariff Filings

Sec. 57.024.  TARIFF FILINGS.  A tariff filed by a dominant carrier under Section 57.022:
(1)  may concern the implementation of this subchapter only;
(2)  is not a rate change under Subchapter C, Chapter 53;   and
(3)  does not affect the carrier's other rates or 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 57 - Distance Learning and Other Advanced Services › Subchapter B. Distance Learning and Information Sharing › Section 57.025. Changes in Rate Program

Sec. 57.025.  CHANGES IN RATE PROGRAM.  (a)  An educational institution, library, or dominant carrier may request the commission to:
(1)  provide for a reduced rate for a service that:
(A)  is directly related to a distance learning activity or an information sharing program;  and
(B)  is not covered by commission rules;
(2)  change a rate;
(3)  amend a tariff;  or
(4)  amend a commission rule.
(b)  The commission shall take the action requested under Subsection (a) if the commission determines the action 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 57 - Distance Learning and Other Advanced Services › Subchapter D. Interactive Multimedia Communications › Section 57.071. Definition

Sec. 57.071.  DEFINITION.  In this subchapter, "interactive multimedia communications" means real-time, two-way, interactive voice, video, and data communications conducted over networks that link geographically dispersed locations.
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 57 - Distance Learning and Other Advanced Services › Subchapter D. Interactive Multimedia Communications › Section 57.072. Rates for Interactive Multimedia Communications

Sec. 57.072.  RATES FOR INTERACTIVE MULTIMEDIA COMMUNICATIONS.  (a)  The commission shall permit a local exchange company that provides an interactive multimedia communications service to establish, using sound ratemaking principles, rates necessary to recover costs associated with providing the service.
(b)  A local exchange company may not establish a rate under Subsection (a) that is less than the local exchange company's long run incremental costs of providing the interactive multimedia communications service, unless the commission determines it to be in the public interest to do so.
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 58 - Incentive Regulation › Subchapter A. General Provisions › Section 58.001. Policy

Sec. 58.001.  POLICY.  Considering the status of competition in the telecommunications industry, it is the policy of this state to:
(1)  provide a framework for an orderly transition from the traditional regulation of return on invested capital to a fully competitive telecommunications marketplace in which all telecommunications providers compete on fair terms;
(2)  preserve and enhance universal telecommunications service at affordable rates;
(3)  upgrade the telecommunications infrastructure of this state;
(4)  promote network interconnectivity;  and
(5)  promote diversity in the supply of telecommunications services and innovative products and services throughout the entire state, including urban and rural areas.
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 58 - Incentive Regulation › Subchapter A. General Provisions › Section 58.002. Definition

Sec. 58.002.  DEFINITION.  In this chapter, "electing company" means an incumbent local exchange company that elects to be subject to incentive regulation and to make the corresponding infrastructure commitment under 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 58 - Incentive Regulation › Subchapter A. General Provisions › Section 58.003. Customer-Specific Contracts

Sec. 58.003.  CUSTOMER-SPECIFIC CONTRACTS.  (a)  Notwithstanding any other provision of this chapter, but subject to Subsection (b), an electing company may not offer in an exchange a service, or an appropriate subset of a service, listed in Sections 58.051(a)(1)-(4) or Sections 58.151(1)-(4) in a manner that results in a customer-specific contract, unless the other party to the contract is a federal, state, or local governmental entity, until the earlier of September 1, 2003, or the date on which the commission finds that at least 40 percent of the total access lines for that service or appropriate subset of that service in that exchange are served by competitive alternative providers that are not affiliated with the electing company.
(b)  The requirements prescribed by Subsection (a) do not apply to an electing company serving fewer than five million access lines after the date on which it completes the infrastructure improvements described in this subsection.  The electing company must also notify the commission of the company's binding commitment to make the following infrastructure improvements not later than September 1, 2000:
(1)  install Common Channel Signaling 7 capability in each central office;  and
(2)  connect all of the company's serving central offices to their respective LATA tandem central offices with optical fiber or equivalent facilities.
(c)  The commission by rule shall prescribe appropriate subsets of services.
(d)  An electing company may file with the commission a request for a finding under this section.  The filing must include information sufficient for the commission to perform a review and evaluation in relation to the particular exchange and the particular service or appropriate subset of a service for which the electing company wants to offer customer-specific contracts.  The commission must grant or deny the request not later than the 60th day after the date the electing company files the request.
(e)  The commitments described by Subsection (b) do not apply to exchanges of the company sold or transferred before, or for which contracts for sale or transfer are pending on, September 1, 2001.  In the case of exchanges for which contracts for sale or transfer are pending as of March 1, 2001, where the purchaser withdrew or defaulted before September 1, 2001, the company shall have one year from the date of withdrawal or default to comply with the commitments.
(f)  This section does not preclude an electing company from offering a customer-specific contract to the extent allowed by this title as of August 31, 1999.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 33, eff. Sept. 1, 1999.