reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter D. Service Provider Certificate of Operating Authority › Section 54.153. Eligibility for Certificate

Sec. 54.153.  ELIGIBILITY FOR CERTIFICATE.  (a)  A company is not eligible to obtain a certificate under this subchapter if the company, together with affiliates, had more than six percent of the total intrastate switched access minutes of use as measured for the most recent 12-month period:
(1)  that precedes the date the application is filed;  and
(2)  for which the access information is available.
(b)  The commission shall obtain information necessary to determine eligibility from the incumbent local exchange telephone companies and the applicant.
(c)  The commission shall certify eligibility not later than the 10th day after the date the application is filed.
(d)  In this section:
(1)  "Affiliate" means an entity that, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with a company that applies for a certificate under this subchapter.
(2)  "Control" means to exercise substantial influence over the policies and actions of another.
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 54 - Certificates › Subchapter D. Service Provider Certificate of Operating Authority › Section 54.154. Application for Certificate

Sec. 54.154.  APPLICATION FOR CERTIFICATE.  (a)  The commission may grant a certificate to encourage an innovative, competitive, and entrepreneurial business to provide telecommunications services.
(b)  An applicant for a certificate must:
(1)  file with the application:
(A)  a sworn statement that the applicant has applied for each municipal consent, franchise, or permit required for the type of services and facilities for which the applicant has applied;  and
(B)  a description of the services the applicant will provide;
(2)  show the areas in which the applicant will provide the services;
(3)  demonstrate that the applicant has the financial and technical ability to provide services;  and
(4)  demonstrate that the services will meet the requirements of this subchapter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter D. Service Provider Certificate of Operating Authority › Section 54.155. Grant or Denial of Certificate

Sec. 54.155.  GRANT OR DENIAL OF CERTIFICATE.  (a)  The commission must grant or deny a certificate not later than the 60th day after the date the application for the certificate is filed.  The commission may extend the deadline on good cause shown.
(b)  The commission shall grant each certificate on a nondiscriminatory basis after considering factors such as:
(1)  the technical and financial qualifications of the applicant;  and
(2)  the applicant's ability to meet the commission's quality of service requirements.
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 54 - Certificates › Subchapter D. Service Provider Certificate of Operating Authority › Section 54.157. Optional Extended Area Service or Expanded Local Calling Service

Sec. 54.157.  OPTIONAL EXTENDED AREA SERVICE OR EXPANDED LOCAL CALLING SERVICE.  (a)  A certificate holder may purchase for resale:
(1)  optional extended area service;  and
(2)  expanded local calling service.
(b)  The purchase of optional extended area service and expanded local calling service may not be discounted.
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 54 - Certificates › Subchapter D. Service Provider Certificate of Operating Authority › Section 54.158. Interference With Resold Services Prohibited

Sec. 54.158.  INTERFERENCE WITH RESOLD SERVICES PROHIBITED.  An incumbent local exchange company may not:
(1)  delay providing or maintaining a service provided under this subchapter;
(2)  degrade the quality of access the company provides to another provider;
(3)  impair the speed, quality, or efficiency of a line used by another provider;
(4)  fail to fully disclose in a timely manner after a request all available information necessary for a certificate holder to provide resale services;  or
(5)  refuse to take a reasonable action to allow a certificate holder efficient access to the company's ordering, billing, or repair management system.
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 54 - Certificates › Subchapter D. Service Provider Certificate of Operating Authority › Section 54.159. Retention of Access Service and Intralata Toll Service

Sec. 54.159.  RETENTION OF ACCESS SERVICE AND INTRALATA TOLL SERVICE.  An incumbent local exchange company that sells flat rate local exchange telephone service to a certificate holder may retain all access service and "1-plus" intraLATA toll service that originates over the resold flat rate local exchange telephone 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 54 - Certificates › Subchapter E. Municipalities › Section 54.201. Certification Prohibited

Sec. 54.201.  CERTIFICATION PROHIBITED.  The commission may not grant to a municipality a:
(1)  certificate of convenience and necessity;
(2)  certificate of operating authority;  or
(3)  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 54 - Certificates › Subchapter E. Municipalities › Section 54.202. Prohibited Municipal Services

Sec. 54.202.  PROHIBITED MUNICIPAL SERVICES.  (a)  A municipality or municipal electric system may not offer for sale to the public:
(1)  a service for which a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority is required;  or
(2)  a nonswitched telecommunications service used to connect a customer's premises with:
(A)  another customer's premises within the exchange;  or
(B)  a long distance provider that serves the exchange.
(b)  Subsection (a) applies to a service offered either directly or indirectly through a telecommunications provider.
(c)  This section may not be construed to prevent a municipally owned utility from providing to its energy customers, either directly or indirectly, any energy related service involving the transfer or receipt of information or data concerning the use, measurement, monitoring, or management of energy utility services provided by the municipally owned utility, including services such as load management or automated meter reading.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 5, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter E. Municipalities › Section 54.2025. Lease of Fiber Optic Cable Facilities

Sec. 54.2025.  LEASE OF FIBER OPTIC CABLE FACILITIES.  Nothing in this subchapter shall prevent a municipality, or a municipal electric system that is a member of a municipal power agency formed under Chapter 163 by adoption of a concurrent resolution by the participating municipalities on or before August 1, 1975, from leasing any of the excess capacity of its fiber optic cable facilities (dark fiber), so long as the rental of the fiber facilities is done on a nondiscriminatory, nonpreferential basis.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 17, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter E. Municipalities › Section 54.203. Service in Annexed or Incorporated Area

Sec. 54.203.  SERVICE IN ANNEXED OR INCORPORATED AREA.  (a)  If an area is or will be included within a municipality as the result of annexation, incorporation, or another reason, each telecommunications utility that holds or is entitled to hold a certificate under this title to provide service or operate a facility in the area before the inclusion has the right to continue to provide the service or operate the facility and extend service in the utility's certificated area within the annexed or incorporated area under the rights granted by the certificate and this title.
(b)  Notwithstanding any other law, a certificated telecommunications utility has the right to:
(1)  continue and extend service within the utility's certificated area;  and
(2)  use roads, streets, highways, alleys, and public property to furnish retail utility service.
(c)  The governing body of a municipality may require a certificated telecommunications utility to relocate the utility's facility at the utility's expense to permit the widening or straightening of a street by:
(1)  giving the utility 30 days' notice;  and
(2)  specifying the new location for the facility along the right-of-way of the street.
(d)  This section does not limit the power of a city, town, or village to incorporate or of a municipality to extend its boundaries by annexation.
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 54 - Certificates › Subchapter E. Municipalities › Section 54.204. Discrimination by Municipality Prohibited

Sec. 54.204.  DISCRIMINATION BY MUNICIPALITY PROHIBITED.  (a)  Notwithstanding Section 14.008, a municipality or a municipally owned utility may not discriminate against a certificated telecommunications provider regarding:
(1)  the authorization or placement of a facility in a public right-of-way;
(2)  access to a building; or
(3)  a municipal utility pole attachment rate or term.
(b)  In granting consent, a franchise, or a permit for the use of a public street, alley, or right-of-way within its municipal boundaries, a municipality or municipally owned utility may not discriminate in favor of or against a certificated telecommunications provider regarding:
(1)  municipal utility pole attachment or underground conduit rates or terms; or
(2)  the authorization, placement, replacement, or removal of a facility in a public right-of-way and the reasonable compensation for the authorization, placement, replacement, or removal regardless of whether the compensation is in the form of:
(A)  money;
(B)  services;
(C)  use of facilities; or
(D)  another kind of consideration.
(c)  A municipality or a municipally owned utility may not charge any entity, regardless of the nature of the services provided by that entity, a pole attachment rate or underground conduit rate that exceeds the fee the municipality or municipally owned utility would be permitted to charge under rules adopted by the Federal Communications Commission under 47 U.S.C. Section 224(e) if the municipality's or municipally owned utility's rates were regulated under federal law and the rules of the Federal Communications Commission.  In addition, not later than September 1, 2006, a municipality or municipally owned utility shall charge a single, uniform pole attachment or underground conduit rate to all entities that are not affiliated with the municipality or municipally owned utility regardless of the services carried over the networks attached to the poles or underground conduit.
(d)  Notwithstanding any other law, the commission has the jurisdiction necessary to enforce this section.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 6, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter E. Municipalities › Section 54.205. Municipality's Right to Control Access

Sec. 54.205.  MUNICIPALITY'S RIGHT TO CONTROL ACCESS.  This title does not restrict a municipality's historical right to control and receive reasonable compensation for access to the municipality's public streets, alleys, or rights-of-way or to other public property.
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 54 - Certificates › Subchapter E. Municipalities › Section 54.206. Recovery of Municipal Fee

Sec. 54.206.  RECOVERY OF MUNICIPAL FEE.  (a)  A holder of a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority has the right to collect a fee that a municipality imposes under Section 54.204 or 54.205 through a pro rata charge to the customers in the boundaries of the municipality.
(b)  The charge may be shown on the customer's bill as a separate line item.
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 54 - Certificates › Subchapter F. Regulation of Services, Areas, and Facilities › Section 54.251. Provision of Service

Sec. 54.251.  PROVISION OF SERVICE.  (a)  Except as provided by this section, Section 54.252, Section 54.253, and Section 54.254, a telecommunications utility that holds a certificate of convenience and necessity or a certificate of operating authority shall:
(1)  offer all basic local telecommunications services to each customer in the utility's certificated area;  and
(2)  provide continuous and adequate service in that area.
(b)  Except as specifically determined otherwise by the commission under this subchapter or Subchapter G of this chapter, and except as provided by Subchapters C and D, Chapter 65, the holder of a certificate of convenience and necessity for an area has the obligations of a provider of last resort regardless of whether another provider has a certificate of operating authority or service provider certificate of operating authority for that area.
(c)  A certificate holder may meet the holder's provider of last resort obligations using any available technology.  Notwithstanding any provision of Chapter 56, the commission may adjust disbursements from the universal service fund to companies using technologies other than traditional wireline or landline technologies to meet provider of last resort obligations.  As determined by the commission, the certificate holder shall meet minimum quality of service standards, including standards for 911 service, comparable to those established for traditional wireline or landline technologies and shall offer services at a price comparable to the monthly service charge for comparable services in that exchange or the provider's nearest exchange.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 76, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 7, eff. September 7, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter F. Regulation of Services, Areas, and Facilities › Section 54.252. Grounds for Reduction of Service by Holder of Certificate of Convenience and Necessity

Sec. 54.252.  GROUNDS FOR REDUCTION OF SERVICE BY HOLDER OF CERTIFICATE OF CONVENIENCE AND NECESSITY.  (a)  Except to the extent otherwise ordered by the commission in accordance with this subchapter, the holder of a certificate of convenience and necessity may not discontinue, reduce, or impair service to any part of the holder's certificated service area except for:
(1)  nonpayment of charges;
(2)  nonuse;  or
(3)  another similar reason that occurs in the usual course of business.
(b)  A discontinuance, reduction, or impairment of service must be in compliance with and is subject to any condition or restriction the commission prescribes.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 76, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter F. Regulation of Services, Areas, and Facilities › Section 54.253. Discontinuation of Service by Certain Certificate Holders

Sec. 54.253.  DISCONTINUATION OF SERVICE BY CERTAIN CERTIFICATE HOLDERS.  (a)  A telecommunications utility that holds a certificate of operating authority or a service provider certificate of operating authority may:
(1)  cease operations in the utility's certificated area;  or
(2)  discontinue an optional service that is not essential to providing basic local telecommunications service.
(b)  Before the telecommunications utility ceases operations or discontinues an optional service, the utility, in the manner required by the commission, must give notice of the intended action to:
(1)  the commission;
(2)  each affected customer;
(3)  the Commission on State Emergency Communications;
(4)  the office;  and
(5)  each wholesale provider of telecommunications facilities or services from which the utility has purchased facilities or services.
(c)  The telecommunications utility is entitled to discontinue an optional service on or after the 61st day after the date the utility gives the notice.
(d)  The telecommunications utility may not cease operations in its certificated area unless the commission authorizes the utility to cease operations and:
(1)  another provider of basic local telecommunications services has adequate facilities and capacity to serve the customers in the certificated area;  or
(2)  the utility is an "exiting utility," as that term is defined by Section 54.301, no other telecommunications utility has facilities sufficient to provide basic local telecommunications service in the defined geographic area, and the utility acts in good faith to provide for a transition of the utility's existing basic local telecommunications service customers to another holder of a certificate for that area.
(e)  The commission may not authorize the telecommunications utility to cease operations under Subsection (d) before the 61st day after the date the utility gives the notice required by Subsection (b).  Unless the commission receives a complaint from an affected person, the commission may enter an order under this subsection administratively.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 76, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter F. Regulation of Services, Areas, and Facilities › Section 54.254. Required Refusal of Service

Sec. 54.254.  REQUIRED REFUSAL OF SERVICE.  A holder of a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority shall refuse to serve a customer in the holder's certificated area if the holder is prohibited from providing the service under Section 212.012, 232.029, or 232.0291, Local Government Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 708 (S.B. 425), Sec. 14, eff. September 1, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter F. Regulation of Services, Areas, and Facilities › Section 54.255. Transfer of Certain Certificates

Sec. 54.255.  TRANSFER OF CERTAIN CERTIFICATES.  (a)  A telecommunications utility may sell, assign, or lease a certificate of convenience and necessity or a certificate of operating authority or a right obtained under such a certificate if the commission determines that the purchaser, assignee, or lessee can provide adequate service.
(b)  The sale, assignment, or lease of a certificate or a right is subject to conditions the commission prescribes.
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 54 - Certificates › Subchapter F. Regulation of Services, Areas, and Facilities › Section 54.256. Application of Contracts

Sec. 54.256.  APPLICATION OF CONTRACTS.  A contract approved by the commission between telecommunications utilities that designates areas and customers to be served by the utilities:
(1)  is valid and enforceable;  and
(2)  shall be incorporated into the appropriate areas of certification.
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 54 - Certificates › Subchapter F. Regulation of Services, Areas, and Facilities › Section 54.257. Interference With Another Telecommunications Utility

Sec. 54.257.  INTERFERENCE WITH ANOTHER TELECOMMUNICATIONS UTILITY.  If a telecommunications utility constructing or extending the utility's lines, plant, or system interferes or attempts to interfere with the operation of a line, plant, or system of another utility, the commission by order may:
(1)  prohibit the construction or extension;  or
(2)  prescribe terms for locating the affected lines, plants, or systems.
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 54 - Certificates › Subchapter F. Regulation of Services, Areas, and Facilities › Section 54.258. Maps

Sec. 54.258.  MAPS.  A public utility shall file with the commission one or more maps that show each utility facility and that separately illustrate each utility facility for transmission or distribution of the utility's services on a date the commission orders.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter F. Regulation of Services, Areas, and Facilities › Section 54.259. Discrimination by Property Owner Prohibited

Sec. 54.259.  DISCRIMINATION BY PROPERTY OWNER PROHIBITED.  (a)  If a telecommunications utility holds a consent, franchise, or permit as determined to be the appropriate grants of authority by the municipality and holds a certificate if required by this title, a public or private property owner may not:
(1)  prevent the utility from installing on the owner's property a telecommunications service facility a tenant requests;
(2)  interfere with the utility's installation on the owner's property of a telecommunications service facility a tenant requests;
(3)  discriminate against such a utility regarding installation, terms, or compensation of a telecommunications service facility to a tenant on the owner's property;
(4)  demand or accept an unreasonable payment of any kind from a tenant or the utility for allowing the utility on or in the owner's property;  or
(5)  discriminate in favor of or against a tenant in any manner, including rental charge discrimination, because of the utility from which the tenant receives a telecommunications service.
(b)  Subsection (a) does not apply to an institution of higher education.  In this subsection, "institution of higher education" means:
(1)  an institution of higher education as defined by Section 61.003, Education Code;  or
(2)  a private or independent institution of higher education as defined by Section 61.003, Education Code.
(c)  Notwithstanding any other law, the commission has the jurisdiction to enforce this section.
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 54 - Certificates › Subchapter F. Regulation of Services, Areas, and Facilities › Section 54.260. Property Owner's Conditions

Sec. 54.260.  PROPERTY OWNER'S CONDITIONS.  (a)  Notwithstanding Section 54.259, if a telecommunications utility holds a municipal consent, franchise, or permit as determined to be the appropriate grant of authority by the municipality and holds a certificate if required by this title, a public or private property owner may:
(1)  impose a condition on the utility that is reasonably necessary to protect:
(A)  the safety, security, appearance, and condition of the property;  and
(B)  the safety and convenience of other persons;
(2)  impose a reasonable limitation on the time at which the utility may have access to the property to install a telecommunications service facility;
(3)  impose a reasonable limitation on the number of such utilities that have access to the owner's property, if the owner can demonstrate a space constraint that requires the limitation;
(4)  require the utility to agree to indemnify the owner for damage caused installing, operating, or removing a facility;
(5)  require the tenant or the utility to bear the entire cost of installing, operating, or removing a facility;  and
(6)  require the utility to pay compensation that is reasonable and nondiscriminatory among such telecommunications utilities.
(b)  Notwithstanding any other law, the commission has the jurisdiction to enforce this section.
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 54 - Certificates › Subchapter F. Regulation of Services, Areas, and Facilities › Section 54.261. Shared Tenant Services Contract

Sec. 54.261.  SHARED TENANT SERVICES CONTRACT.  Sections 54.259 and 54.260 do not require a public or private property owner to enter into a contract with a telecommunications utility to provide shared tenant services on a property.
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 54 - Certificates › Subchapter G. Provider of Last Resort › Section 54.301. Definitions

Sec. 54.301.  DEFINITIONS.  In this subchapter:
(1)  "Exiting utility" means a telecommunications utility that:
(A)  holds a certificate of operating authority or a service provider certificate of operating authority;
(B)  is the predominant provider of basic local telecommunications service in a defined geographic area and provides those services using the utility's own facilities;  and
(C)  ceases operations in all or part of the utility's certificated service area under Section 54.253 or 54.303.
(2)  "Provider of last resort" means a certificated telecommunications utility that must offer basic local telecommunications service throughout a defined geographic area.
(3)  "Successor utility" means a telecommunications utility that holds a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority, and that is or is designated to become the provider of last resort for the defined geographic area previously served by an exiting utility.
Added by Acts 2003, 78th Leg., ch. 76, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter G. Provider of Last Resort › Section 54.3015. Applicability of Subchapter

Sec. 54.3015.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to a transitioning company under Chapter 65 in relation to its regulated exchanges in the same manner and to the same extent this subchapter applies to a holder of a certificate of convenience and necessity.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 8, eff. September 7, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter G. Provider of Last Resort › Section 54.302. Provider of Last Resort; Facilities-Based Providers

Sec. 54.302.  PROVIDER OF LAST RESORT;  FACILITIES-BASED PROVIDERS.  (a)   Notwithstanding any other provision of this title, if a telecommunications utility installs facilities to serve customers located in a defined geographic area to provide telecommunications services, including basic local telecommunications service, before the holder of the certificate of convenience and necessity installs facilities to serve customers located in that defined geographic area, the holder of the certificate of convenience and necessity may petition the commission for an order relieving the utility of the utility's designation as the provider of last resort in that defined geographic area.
(b)  The commission shall relieve the holder of the certificate of convenience and necessity of the obligations of service as the provider of last resort for the defined geographic area, and the commission shall designate the facilities-based telecommunications utility as the provider of last resort if the commission determines that:
(1)  the holder of the certificate of convenience and necessity does not have facilities in place to provide basic local telecommunications service to all customers within that defined geographic area;
(2)  another certificated telecommunications utility has installed facilities adequate to provide that service throughout that area;  and
(3)  the public interest would be served by transferring the provider of last resort obligations for that area.
(c)  The commission shall complete proceedings necessary to make the determinations prescribed by this section not later than the 91st day after the date the petition is filed under Subsection (a).
Added by Acts 2003, 78th Leg., ch. 76, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter G. Provider of Last Resort › Section 54.303. Successor Telecommunications Utility When No Sufficient Facilities Exist

Sec. 54.303.  SUCCESSOR TELECOMMUNICATIONS UTILITY WHEN NO SUFFICIENT FACILITIES EXIST.  (a)  When the commission obtains notice as required under Section 54.253 or otherwise that a utility intends to become an exiting utility and no other telecommunications utility has facilities sufficient to provide basic local telecommunications service in that defined geographic area, the commission shall open a contested case proceeding to determine:
(1)  the identity of the successor utility under this section;  and
(2)  the amount of universal service funding under Subchapter G, Chapter 56, to be made available to the successor utility.
(b)  On designation as the successor utility under this section, the commission, if applicable, shall provide to the successor utility:
(1)  a reasonable time, in accordance with industry practices and not subject to otherwise applicable commission service quality rules or standards, to modify, construct, or obtain facilities necessary to serve the customers of the exiting telecommunications utility;  and
(2)  an exemption on a transitional basis from any obligation to unbundle the utility's network elements or to provide service for resale within that defined geographic area for nine months or another reasonable period the commission may authorize as necessary to modify the utility's network to provide that unbundling or resale.
(c)  A customer within the defined geographic area to be served by the successor utility is considered to have applied for service from the successor utility on the effective date of that designation by the commission.  Each right, privilege, and obligation of being a customer of the successor utility applies to that customer and the customer is subject to the successor utility's applicable terms of service as specified in an applicable tariff or contract.
Added by Acts 2003, 78th Leg., ch. 76, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter G. Provider of Last Resort › Section 54.304. Abandonment or Cessation by Facilities-Based Provider; Emergency Restoration

Sec. 54.304.  ABANDONMENT OR CESSATION BY FACILITIES-BASED PROVIDER;  EMERGENCY RESTORATION.  (a)  The commission, on its own motion or on the petition of an interested party, may institute an expedited proceeding under this section if the commission finds that:
(1)  a holder of a certificate of operating authority or service provider certificate of operating authority is the predominant provider of basic local telecommunications service in a defined geographic area and the utility provides that service using the utility's own facilities;
(2)  no other telecommunications utility has facilities sufficient to provide basic local telecommunications service in that defined geographic area;  and
(3)  the holder of the certificate of operating authority or service provider certificate of operating authority has:
(A)  ceased providing basic local telecommunications service to the utility's customers in that defined geographic area;  or
(B)  abandoned the operation of the utility's facilities in the defined geographic area that are used to provide basic local telecommunications service.
(b)  In a proceeding under this section, the commission may declare that an emergency exists and issue any order necessary to protect the health, safety, and welfare of affected customers of the utility and to expedite the restoration and continuation of basic local telecommunications service to those customers.  An order issued by the commission under this subsection may include an order to:
(1)  provide for a temporary arrangement for operation of the utility's facilities by an uncertificated entity that agrees to provide service;
(2)  authorize one or more third parties to enter the premises of the abandoned facilities;  or
(3)  grant temporary waivers from quality of service requirements.
(c)  The commission may designate a successor utility in accordance with Section 54.303 during a proceeding under this section.
Added by Acts 2003, 78th Leg., ch. 76, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter G. Provider of Last Resort › Section 54.305. Commission Participation in Bankruptcy Proceedings

Sec. 54.305.  COMMISSION PARTICIPATION IN BANKRUPTCY PROCEEDINGS.  (a)   The commission, on written notice that a certificated telecommunications utility has filed a petition in bankruptcy or is the subject of an involuntary petition in bankruptcy, may inform the appropriate court and parties of the commission's interest in obtaining notice of proceedings.
(b)  Within the time prescribed by the applicable statutes, rules, and court orders, the commission may intervene and participate in any bankruptcy proceedings that affect customers or providers of telecommunications services in this state.
(c)  The office may inform the appropriate court and parties of the office's interest in obtaining notice of the proceedings.  Within the time prescribed by the applicable statutes, rules, and court orders, the office may intervene and participate in any bankruptcy proceeding on behalf of residential and small commercial customers.
Added by Acts 2003, 78th Leg., ch. 76, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter A. General Provisions › Section 55.001. General Standard

Sec. 55.001.  GENERAL STANDARD.  A public utility shall furnish service, instrumentalities, and facilities that are safe, adequate, efficient, and 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 55 - Regulation of Telecommunications Services › Subchapter A. General Provisions › Section 55.002. Commission Authority Concerning Standards

Sec. 55.002.  COMMISSION AUTHORITY CONCERNING STANDARDS.  The commission, on its own motion or on complaint and after reasonable notice and hearing, may:
(1)  adopt just and reasonable standards, classifications, rules, or practices a public utility must follow in furnishing a service;
(2)  adopt adequate and reasonable standards for measuring a condition, including quantity and quality, relating to the furnishing of a service;
(3)  adopt reasonable rules for examining, testing, and measuring a service;  and
(4)  adopt or approve reasonable rules, specifications, and standards to ensure the accuracy of equipment, including meters and instruments, used to measure a 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 55 - Regulation of Telecommunications Services › Subchapter A. General Provisions › Section 55.003. Rule or Standard

Sec. 55.003.  RULE OR STANDARD.  (a)  A public utility may not impose a rule except as provided by this title.
(b)  A public utility may file with the commission a standard, classification, rule, or practice the utility follows.
(c)  The standard, classification, rule, or practice continues in force until:
(1)  amended by the utility;  or
(2)  changed by the commission as provided by this subtitle.
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 55 - Regulation of Telecommunications Services › Subchapter A. General Provisions › Section 55.004. Local Exchange Company Rule or Practice Change

Sec. 55.004.  LOCAL EXCHANGE COMPANY RULE OR PRACTICE CHANGE.  (a)  To make a change in an incumbent local exchange company's tariffed rules or practices that does not affect the company's charges or rates, the company must file the proposed change with the commission at least 35 days before the effective date of the change.  The commission may require the incumbent local exchange company to provide to ratepayers appropriate notice as determined by the commission.
(b)  The commission, on complaint by an affected person or on its own motion and after reasonable notice, may hold a hearing to determine the propriety of a change proposed under this section.  Pending the hearing and decision, the commission may suspend the change for not longer than 120 days after the date the change would otherwise be effective.  The commission shall approve, deny, or modify the change before the period of suspension expires.
(c)  In a proceeding under this section, the incumbent local exchange company has the burden of proving the proposed change:
(1)  is in the public interest;  and
(2)  complies with this title.
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 55 - Regulation of Telecommunications Services › Subchapter A. General Provisions › Section 55.005. Unreasonable Preference or Prejudice Concerning Service Prohibited

Sec. 55.005.  UNREASONABLE PREFERENCE OR PREJUDICE CONCERNING SERVICE PROHIBITED.  In providing a service to persons in a classification, a public utility may not:
(1)  grant an unreasonable preference or advantage to a person in the classification;  or
(2)  subject a person in the classification to an unreasonable prejudice or disadvantage.
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 55 - Regulation of Telecommunications Services › Subchapter A. General Provisions › Section 55.006. Discrimination and Restriction on Competition

Sec. 55.006.  DISCRIMINATION AND RESTRICTION ON COMPETITION.  A public utility may not:
(1)  discriminate against a person who sells or leases equipment or performs services in competition with the public utility;  or
(2)  engage in a practice that tends to restrict or impair that competition.
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 55 - Regulation of Telecommunications Services › Subchapter A. General Provisions › Section 55.007. Minimum Services

Sec. 55.007.  MINIMUM SERVICES.  (a)  The commission shall require a holder of a certificate of convenience and necessity or a certificate of operating authority to provide at the applicable tariff rate, if any, to each customer, regardless of race, national origin, income, or residence in an urban or rural area:
(1)  single-party service;
(2)  tone-dialing service;
(3)  basic custom calling features;
(4)  equal access for an interLATA interexchange carrier on a bona fide request;  and
(5)  digital switching capability in an exchange on customer request, provided by a digital switch in the exchange or by connection to a digital switch in another exchange.
(b)  Notwithstanding Subsection (a), an electing incumbent local exchange company serving more than 175,000 but fewer than 1,500,000 access lines on January 1, 1995, shall install a digital switch in each central office that serves an exchange of fewer than 20,000 access lines.
(c)  The commission may temporarily waive a requirement imposed by Subsection (a) or (b) on a showing of good cause.
(d)  The commission may not consider the cost of implementing this section in determining whether an electing company is entitled to:
(1)  a rate increase under Chapter 58 or 59;  or
(2)  increased universal service funds under Subchapter B, Chapter 56.
(e)  Expired.
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 55 - Regulation of Telecommunications Services › Subchapter A. General Provisions › Section 55.008. Improvements in Service; Interconnecting Service

Sec. 55.008.  IMPROVEMENTS IN SERVICE;  INTERCONNECTING SERVICE.  The commission, after notice and hearing, may:
(1)  order a public utility to provide specified improvements in its service in a specified area if:
(A)  service in the area is inadequate or substantially inferior to service in a comparable area;  and
(B)  requiring the company to provide the improved service is reasonable;  or
(2)  order two or more utilities to establish specified facilities for interconnecting 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 55 - Regulation of Telecommunications Services › Subchapter A. General Provisions › Section 55.009. Intralata Calls

Sec. 55.009.  INTRALATA CALLS.  (a)  If federal law prohibits a local exchange company in this state from providing interLATA telecommunications services, the local exchange companies in this state designated or de facto authorized to receive a "0-plus" or "1-plus" dialed intraLATA call are exclusively designated or authorized to receive such a call.
(b)  A telecommunications utility operating under a certificate of operating authority or a service provider certificate of operating authority is de facto authorized to receive a "0-plus" or "1-plus" dialed intraLATA call on the date the utility receives its certificate, to the extent the utility is not restricted by Section 54.159.
(c)  If federal law allows all local exchange companies to provide interLATA telecommunications services, the commission shall ensure that:
(1)  a customer may designate a provider of the customer's choice to carry the customer's "0-plus" and "1-plus" dialed intraLATA calls;  and
(2)  equal access in the public network is implemented to allow the provider to carry those calls.
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 55 - Regulation of Telecommunications Services › Subchapter A. General Provisions › Section 55.010. Billing for Service to the State

Sec. 55.010.  BILLING FOR SERVICE TO THE STATE.  A telecommunications utility providing service to the state, including service to an agency in any branch of state government, may not impose a fee, a penalty, interest, or any other charge for delinquent payment of a bill for that 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 55 - Regulation of Telecommunications Services › Subchapter A. General Provisions › Section 55.011. Notice of Identity of Interexchange Carrier

Sec. 55.011.  NOTICE OF IDENTITY OF INTEREXCHANGE CARRIER.  (a)  A local exchange company shall print on the first page of each bill sent to a customer of the local exchange company the name of the customer's primary interexchange carrier if the company provides billing services for that carrier.
(b)  The bill must contain instructions on how the customer can contact the commission if the customer believes that the named carrier is not the customer's primary interexchange carrier.
(c)  The commission may, for good cause, waive the billing requirement prescribed by this section in exchanges served by local exchange companies serving not more than 31,000 access lines.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.04(b), eff. Sept. 1, 1999.