reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter I - ALTERNATIVE REGULATION › Section 26.172 - Voting Procedures for Partial Deregulation or Reversal of Partial Deregulation of Telephone Cooperatives

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. A cooperative seeking to partially deregulate or to reverse partial
				  deregulation shall utilize the voting procedures required in this
				  section.
(b) Definition. The term
				  "majority vote" shall mean a vote of more than 50% of the valid ballots
				  returned by the cooperative's members.
(c) Balloting. Balloting by a cooperative
				  shall comply with the requirements in this subsection.
(1) A ballot and a postage-paid return
				  envelope, or a ballot on a postage-paid postcard addressed to the cooperative,
				  and instructions shall be provided to each member of the cooperative.
(2) Materials required in paragraph (1) of
				  this subsection may be provided as bill inserts or as a separate
				  mailing.
(3) The ballot shall be
				  printed as a separate form on paper that is a different color from any other
				  paper contained in the same mailing and shall be contained on one page or
				  postcard.
(4) Ballots shall be
				  written in English and in Spanish if §
											RSA
				  26.26 of this title (relating to Spanish
				  Language Requirements) is applicable.
(5) The ballot shall be entitled:
(A) "BALLOT SEEKING THE PARTIAL DEREGULATION
				  OF (NAME OF COOPERATIVE)" if the ballot is one for partial deregulation;
				  or
(B) "BALLOT SEEKING TO REVERSE
				  THE PARTIAL DEREGULATION OF (NAME OF COOPERATIVE)" if the ballot is one to
				  reverse partial deregulation.
(6) Each ballot shall:
(A) provide brief instructions to mark with
				  an "X" either the box "FOR" or "AGAINST" the action that is the subject of the
				  balloting;
(B) provide in boldface
				  type that is larger than surrounding text the date certain by which the ballot
				  must be postmarked for tabulation; and
(C) contain a box labeled "FOR Authorizing
				  the Partial Deregulation of the (Name of the Cooperative)" and a box labeled
				  "AGAINST Authorizing the Partial Deregulation of the (Name of the Cooperative)"
				  if the ballot is one to partially deregulate, or contain a box labeled "FOR
				  Authorizing the Reversal of Partial Deregulation of the (Name of the
				  Cooperative)" and a box labeled "AGAINST Authorizing the Reversal of Partial
				  Deregulation of the (Name of the Cooperative)" if the ballot is one to reverse
				  partial deregulation.
(7) Ballots must include the statement "By
				  signing this ballot, I affirm that I am the member to whom this ballot was
				  addressed" and must provide, following the statement, lined spaces for the
				  member to provide his or her printed name, address, telephone number, and
				  signature.
(8) Ballots shall not
				  contain any statement regarding how a member should cast a vote on the action
				  that is the subject of the balloting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter I - ALTERNATIVE REGULATION › Section 26.175 - Reclassification of Telecommunications Services for Electing Incumbent Local Exchange Companies (ILECs)

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  provisions of this section:
(1) establish the
				  minimum criteria and standards for reclassifying a basic network service as a
				  discretionary service or competitive service; or a discretionary service as a
				  competitive service, in accordance with the Public Utility Regulatory Act
				  (PURA) §58.024; and
(2) to
				  establish the procedures to be followed in petitioning for
				  reclassification.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.203 - Rate Policies for Small Local Exchange Companies (SLECs)

Current through Reg. 49, No. 28; July 12, 2024
(a) This subsection applies to small local
				  exchange carriers as defined in §
										RSA 26.5
				  of this title (relating to Definitions).
(b) Notwithstanding §
										RSA 26.201<subdiv>(a)-(c)
				  </subdiv> of this title (relating to Cost of
				  Service), a SLEC's future construction plans and operational changes may be
				  considered in evaluating the overall reasonableness of the SLEC's current
				  rates.
(c) The commission may not
				  initiate an inquiry under the Public Utility Regulatory Act (PURA) §53.151
				  into the overall reasonableness of the current rates of a SLEC more frequently
				  than every three years from the date of a commission order setting reasonable
				  rates under PURA §53.151 or §53.102.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.206 - Depreciation Rates

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
				  Dominant certificated telecommunications utilities (DCTUs) shall use
				  depreciation rates approved by the commission to determine depreciation expense
				  and provide for accumulated depreciation (also referred to as depreciation
				  reserve). For purposes of this section, depreciation rates used prior to
				  September 1, 1976, and those in effect on September 1, 1976, shall be deemed
				  appropriate for use, unless subsequently modified by the commission.
(b) Depreciation rate changes for
				  telecommunications utilities subject to regulation of interstate depreciation
				  rates by the Federal Communications Commission. Telecommunications utilities
				  subject to interstate regulation by the Federal Communications Commission are
				  also required to file for commission approval of intrastate depreciation rates.
				  Filings should be made in the same format and on the same schedule as those
				  required by the federal regulatory body, with the addition of proposed
				  intrastate accrual changes calculated through use of jurisdictional separations
				  procedures. The utility shall have the burden of proof to establish that
				  requested intrastate depreciation rate changes are reasonable and in the public
				  interest in proceedings before the commission.
(c) Depreciation rate changes for other
				  dominant carriers. Any DCTU, except as covered in subsection (b) of this
				  section, requesting a change in depreciation rates must request commission
				  approval and include in its request the information set out in paragraphs
				  (1)-(3) of this subsection.
(1) For each
				  property account or subaccount for which a depreciation rate change is
				  proposed:
(A) the plant in service and the
				  accumulated depreciation as of the requested effective date for the proposed
				  depreciation rates;
(B) the total
				  of accruals, additions, retirements, gross salvage, and cost of removal for
				  each of the preceding four years; and
(C) detailed justification for the proposed
				  changes.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.207 - Form and Filing of Tariffs

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
				  Unless the context clearly indicates otherwise, in this section the term
				  "utility" or "public utility" refers to a dominant carrier.
(b) Purpose. This section establishes
				  standards for the form, filing and review of a dominant certificated
				  telecommunications utility's (DCTU's) tariff.
(c) Effective tariff. A utility is prohibited
				  from directly or indirectly demanding, charging, or collecting any rate or
				  charge, or imposing any classifications, practices, rules, or regulations
				  different from those prescribed in its currently effective tariff filed with
				  and approved by the commission.
(d)
				  Tariff required.
(1) A public utility, or an
				  affiliate of the public utility or a trade association on behalf of the public
				  utility, must file with the commission a tariff showing each rate that is
				  subject to the commission's jurisdiction and is in effect for a utility
				  service, product, or commodity offered by the utility. A current or proposed
				  tariff must:
(A) include a cover letter that
				  lists each rule that relates to or affects a rate of the utility, or a utility
				  service, product, or commodity furnished by the utility;
(B) be filed prior to or concurrently with an
				  application for certification, including a certificate amendment, under
				  §26.111 (relating to Certificate of Operating Authority (COA) and Service
				  Provider Certificate of Operating Authority (SPCOA) Criteria); and
(C) as applicable, comply with the
				  requirements of this section and §
												26.208 of this title (relating to
				  General Tariff Procedures), §
												26.209 of this title (relating to
				  New and Experimental Services), or §
												26.211 of this title (relating to
				  Rate-Setting Flexibility for Services Subject to Significant Competitive
				  Challenges).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.208 - General Tariff Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
				  This section establishes the process for commission review of a dominant
				  certificated telecommunications utility (DCTU) tariff and tariff amendments. A
				  DCTU must meet the requirements of this section to file a new tariff or amend
				  an existing tariff to which this section applies, including changes to a rate
				  or service, the types of service provided, jurisdiction or service area, or for
				  the withdrawal of a service. For purposes of this section, the term "trade
				  association" means a cooperative and voluntarily joined association of business
				  or professional competitors in this state designed to assist its members and
				  its industry or profession in dealing with mutual business or professional
				  problems and in promoting their common interest.
(1) This section applies to a DCTU and to an
				  affiliate of a DCTU or a trade association that elects to file or amend a
				  tariff on a DCTU's behalf, and to each tariff filed by those entities in
				  accordance with §
											26.207 of this title (relating to
				  Form and Filing of Tariffs) and the following provisions, as applicable:
(A) section
				  26.209 of this title (relating to
				  New and Experimental Services) or §
												26.210 of this title (relating to
				  Promotional Rates for Local Exchange Company Services), if determined to be
				  necessary by the presiding officer; or
(B) section
				  26.211 of this title (relating to
				  Rate Setting Flexibility for Services Subject to Significant Competitive
				  Challenges).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.209 - New and Experimental Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
				  This section applies to dominant certificated telecommunications utilities
				  (DCTUs), as that term is defined by §
										26.5 of this title (relating to
				  Definitions).
(1) The services to which this
				  section applies are those that are a subset of a service for which the utility
				  is dominant.
(2) A DCTU may
				  alternatively seek approval for an application for a new or experimental
				  service in accordance with §
											26.208 of this title (relating to
				  General Tariff Procedures), however the presiding officer may require any
				  application for a new or experimental service to also comply with the
				  requirements of this section.
(3)
				  If an application for a new or experimental service is reviewed under this
				  section, each rate established for such a service must comply with the
				  requirements of §
											26.208 of this title.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.210 - Promotional Rates for Local Exchange Company Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
				  This section applies to dominant certificated telecommunications utilities
				  (DCTUs) as that term is defined by §
										26.5 of this title (relating to
				  Definitions) which are subject to the ratemaking jurisdiction of the commission
				  for any service or market.
(1) A DCTU may
				  alternatively seek approval for an application for a promotional rate in
				  accordance with §
											26.208 of this title (relating to
				  General Tariff Procedures), however the presiding officer may require any
				  application for a promotional rate to also comply with the requirements of this
				  section.
(2) If an application for
				  a promotional rate is reviewed under this section, each promotional rate must
				  comply with the requirements of §
											26.208 of this title.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.211 - Rate-Setting Flexibility for Services Subject to Significant Competitive Challenges

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. The
				  provisions of this section apply to an incumbent local exchange company (ILEC)
				  . This section does not apply to a deregulated company holding a certificate of
				  operating authority or to an exempt carrier under PURA §52.154.
(b) Purpose. The purpose of this section is
				  to establish procedures for pricing flexibility for services subject to
				  competition and a process for commission review of pricing flexibility
				  applications.
(c) Pricing
				  flexibility.
(1) Eligible services. An ILEC
				  may request the types of pricing flexibility established by this subsection.
(A) Banded rates. If an ILEC is granted the
				  authority to charge banded rates, the minimum rates must yield revenues that
				  are equal to or greater than 105% of the long run incremental cost of the
				  service in the geographic market in which the service will be provided.
(i) When an ILEC is granted the authority to
				  charge banded rates, the ILEC must file a tariff showing the minimum and
				  maximum rates and specifying its current rate. The current rate specified in
				  the ILEC's tariff must be applied uniformly to all customers of the service in
				  each exchange for which the commission has approved banded rates.
(ii) If the ILEC desires to charge a rate
				  different from its current rate, but between the minimum and maximum rates, it
				  must file a revised tariff on or before the effective date of the rate
				  change.
(iii) The minimum and
				  maximum rates may only be changed as provided for in the Public Utility
				  Regulatory Act, Chapter 53, Subchapters C and D, or G.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.214 - Long Run Incremental Cost (LRIC) Methodology for Services provided by Certain Incumbent Local Exchange Companies (ILECs)

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
				  This section applies to ILECs with annual revenues from regulated
				  telecommunications operations in Texas of less than $100 million for five
				  consecutive years.
(b) Purpose.
				  This section will be used to determine the long run incremental costs incurred
				  by ILECs in the provision of telecommunications services in those instances in
				  which the ILEC chooses to establish LRIC studies.
(c) LRIC studies. An ILEC may establish a
				  service's LRIC by submitting a LRIC cost study that conforms to the following
				  general requirements:
(1) A LRIC study must
				  identify the ILEC's investment in all facilities that reflect forward looking
				  least cost technology, as set forth in §
											RSA
				  26.215<subdiv>(f)(3)</subdiv> of
				  this title (relating to Long Run Incremental Cost Methodology for Dominant
				  Certificated Telecommunications Utility (DCTU) Services), used in the provision
				  of the service.
(2) A LRIC study
				  must apply appropriate loading and fill factors associated with the
				  service.
(3) A LRIC study must
				  apply appropriate annual cost factors, including but not limited to
				  depreciation and cost of money, associated with the service.
(4) A LRIC study must identify non-capital
				  costs associated with the service, including but not limited to maintenance,
				  billing and collection, and marketing costs.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.215 - Long Run Incremental Cost Methodology for Dominant Certificated Telecommunications Utility (DCTU) Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
				  This section shall apply to DCTUs with annual revenues from regulated
				  telecommunications operations in Texas of $100 million or more for five
				  consecutive years. An incumbent local exchange carrier that is not a Tier 1
				  local exchange company as of September 1, 1995, at that company's option, may
				  adopt the cost studies approved by the commission for a Tier 1 local exchange
				  company.
(b) Purpose. This section
				  shall be used to determine the long run incremental costs incurred by DCTUs in
				  the provision of telecommunications services. The costs determined in this
				  section shall not be used to determine a company's revenue requirement during a
				  proceeding pursuant the Public Utility Regulatory Act, Chapter 53, Subchapters
				  C and D or E.
(c) Definitions. The
				  following words and terms when used in this section shall have the following
				  meaning unless the context clearly indicates otherwise.
(1) Ancillary services--The category of basic
				  network functions (BNFs) (as defined in paragraph (2) of this subsection) that
				  provide for certain activities that either support or otherwise are adjuncts to
				  other BNFs or finished services. This category of BNFs consists of three
				  subcategories of BNFs: Billing and Collection; Measurement; and Operator
				  Services.
(A) Billing and collection--The
				  subcategory of BNFs that provide for the function of compiling the information
				  needed for customer billing, preparing the customer bill statement, disbursing
				  the bill and collecting the customer payments.
(B) Measurement--The subcategory of BNFs that
				  provide the functions of assembling, collating and transmitting end office
				  switch recorded call data (occurrence and duration).
(C) Operator services--The subcategory of
				  BNFs that provide for the provision of a number of live or mechanized
				  assistance functions to aid customers in the following ways: obtaining customer
				  telephone number, street address and ZIP code information (directory
				  assistance); providing new telephone numbers or explanatory information to
				  callers who dial numbers which have been changed or disconnected (intercepts);
				  providing assistance to customers in completing operator handled toll or local
				  calls (collect, credit card, third party, station-to-station or
				  person-to-person); checking busy lines to make sure the line is not out of
				  service (busy line verification); and interrupting busy lines (busy line
				  interruption). These operator services are provided to end user customers as
				  well as local exchange and interexchange carriers.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.216 - Educational Percentage Discount Rates (E-Rates)

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to establish educational percentage discount rates (E-Rates) for intrastate
				  telecommunications services, Internet access, and internal connections that are
				  equivalent to those adopted for interstate services by the Federal
				  Communications Commission (FCC) in 47 Code of Federal Regulations part 54,
				  subpart F (Universal Service Support for Schools and Libraries).
(b) Provisions governing intrastate E-Rates.
(1) Intrastate services eligible for E-Rates.
				  The percentage discount rates available pursuant to 47 Code of Federal
				  Regulations part 54, subpart F to eligible schools, libraries, and consortia as
				  defined by 47 Code of Federal Regulations part 54, subpart F shall apply to the
				  following intrastate services:
(A) all
				  commercially available telecommunications services provided by
				  telecommunications carriers;
(B)
				  Internet access; and
(C)
				  installation and maintenance of internal connections.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.217 - Administration of Extended Area Service (EAS) Requests

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section establishes procedures for processing requests for extended area
				  service (EAS) in accordance with Public Utility Regulatory Act (PURA), Chapter
				  55, Subchapter B. On or after September 1, 2011, the commission will not
				  require a telecommunications provider to provide mandatory or optional extended
				  area service to additional metropolitan areas or calling areas.
(b) Extended Area Service. The term "utility
				  " in this section refers to a dominant certificated telecommunications utility.
(1) Filing requirements.
(A) In order to be considered by the
				  commission, a request for EAS must be initiated by at least one of the
				  following actions:
(i) a petition signed by
				  the greater of 5.0% or 100 of the subscribers in the exchange from which the
				  petition originates;
(ii) a
				  resolution adopted and filed with the commission by the governing body of a
				  political subdivision provided that said governing body properly represents the
				  exchange requesting EAS;
(iii) a
				  resolution adopted and filed with the commission by the board of directors or
				  trustees of a community association representing an unincorporated community;
				  or
(iv) an application filed by one
				  or more of each affected utility.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.219 - Administration of Expanded Local Calling Service Requests

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to describe the process used to administer requests from telephone service
				  subscribers for two-way toll-free expanded local calling service (ELCS)
				  pursuant to the Public Utility Regulatory Act (PURA), Chapter 55, Subchapter C.
				  Only incumbent local exchange companies (ILECs) are subject to the provisions
				  of PURA, Chapter 55, Subchapter C. On or after September 1, 2011, the
				  commission may not require a telecommunications provider to provide mandatory
				  or optional expanded local calling services to additional metropolitan areas or
				  calling areas.
(b) Definitions. The
				  following terms, when used in this section, have the following meanings unless
				  the context clearly indicates otherwise.
(1)
				  Expanded local calling service (ELCS)--The meaning assigned in §
											RSA
				  26.221 of this title (relating to
				  Applications to Establish or Increase Expanded Local Calling Service
				  Surcharges).
(2) Expanded local
				  calling service (ELCS) fee--The meaning assigned in §
											RSA
				  26.221 of this title.
(3) Expanded local calling service (ELCS)
				  surcharge--The meaning assigned in §
											RSA
				  26.221 of this title.
(4) Metropolitan exchange--The meaning
				  assigned in PURA §55.041, including Austin, Corpus Christi, Dallas/Fort
				  Worth, Houston, San Antonio and Waco.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.221 - Applications to Establish or Increase Expanded Local Calling Service Surcharges

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to provide the standard for review of an incumbent
				  local exchange company (ILEC) application, filed in accordance with the Public
				  Utility Regulatory Act (PURA) §55.048(c), to recover all costs incurred
				  and all loss of revenue from an expansion of a toll-free local calling
				  area.
(b) Definitions. The
				  following terms, when used in this section, have the following meanings, unless
				  the context clearly indicates otherwise.
(1)
				  Avoided costs--ILEC costs that are reduced or eliminated due to implementation
				  of ELCS.
(2) Costs incurred--The
				  amount of recurring and non-recurring costs incurred by an ILEC to implement
				  ELCS, minus avoided costs.
(3)
				  Expanded local calling service (ELCS) -- A two-way toll-free local calling
				  service provided by an ILEC to telephone service subscribers in accordance with
				  §
											26.219 of this title (relating to
				  Administration of Expanded Local Calling Service Requests).
(4) Expanded local calling service (ELCS) fee
				  -- A fee billed by an ILEC, in accordance with PURA §55.048(b), to
				  subscribers in a petitioning telephone exchange.
(5) Expanded local calling service (ELCS)
				  requirement--The sum of lost revenue and costs incurred due to implementation
				  of ELCS.
(6) Expanded local calling
				  service (ELCS) surcharge -- A fee billed by an ILEC, in accordance with PURA
				  §55.048(c) to each subscriber of the ILEC, unless an exception is granted
				  by the commission. ELCS surcharges are designed to recover the residual in
				  paragraph (8) of this subsection.
(7) Lost revenue--The loss of revenue an ILEC
				  realizes due to implementation of ELCS.
(8) Residual--The sum of lost revenue and
				  costs incurred, minus revenue collected from ELCS fees.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.223 - Prohibition of Excessive COA/SPCOA Usage Sensitive Intrastate Switched Access Rates

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to implement Public Utility Regulatory Act (PURA)
				  §52.155, which addresses the usage sensitive intrastate switched access
				  rates that can be charged by a telecommunications utility that holds a
				  certificate of operating authority (COA) or a service provider certificate of
				  operating authority (SPCOA) (COA/SPCOA).
(b) Applicability. This section applies to
				  usage sensitive intrastate switched access rates of COA/SPCOA holders,
				  including but not limited to, originating and terminating carrier common line
				  (CCL), originating and terminating local switching (LS), originating and
				  terminating switched transport (TR), originating and terminating tandem
				  switching (TS), and originating and terminating tandem switched transport
				  (TST).
(c) Requirements for
				  COA/SPCOA usage sensitive intrastate switched access rates. A
				  telecommunications utility that holds a COA or a SPCOA may not charge a higher
				  aggregate amount, including any rate elements not charged by the holder of the
				  certificate of convenience and necessity (CCN), for originating or terminating
				  usage sensitive intrastate switched access than the prevailing rates charged by
				  the CCN holder or the holder of a COA issued under Chapter 65 in whose
				  territory the call originated or terminated unless:
(1) the commission specifically approves the
				  higher rate; or
(2) subject to
				  commission review, the telecommunications utility establishes statewide average
				  composite originating and terminating usage sensitive intrastate switched
				  access rates based on a reasonable approximation of traffic originating and
				  terminating between all holders of certificates of convenience and necessity in
				  this state.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.224 - Requirements Applicable to Basic Network Services for Chapter 58 Electing Companies

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
				  This section applies to any electing company, as the term is defined in the
				  Public Utility Regulatory Act (PURA) §58.002. Other sections applicable to
				  an electing company, include, but are not limited to, §
										RSA
				  26.225 of this title (relating to
				  Requirements Applicable to Nonbasic Services for Chapter 58 Electing
				  Companies), §
										RSA
				  26.226 of this title (relating to
				  Requirements Applicable to Pricing Flexibility for Chapter 58 Electing
				  Companies), and §
										RSA
				  26.227 of this title (relating to Procedures
				  Applicable to Nonbasic Services and Pricing Flexibility for Basic and Nonbasic
				  Services for Chapter 58 Electing Companies).
(b) Purpose. The purpose of this section is
				  to establish requirements and procedures relating to the provision of basic
				  network services.
(c) Basic network
				  services.
(1) Services included in basic
				  network services. Unless reclassified pursuant to PURA §58.024, the
				  following are classified as basic network services pursuant to PURA
				  §58.051(a):
(A) Flat rate residential
				  local exchange telephone service, including primary directory listings and the
				  receipt of a directory and any applicable mileage or zone charges;
(B) Residential tone dialing
				  service;
(C) Lifeline
				  service;
(D) Service connection for
				  basic residential services;
(E)
				  Direct inward dialing service for basic residential services;
(F) Private pay telephone access
				  service;
(G) Call trap and trace
				  service;
(H) Access for all
				  residential and business end users to 9-1-1 service provided by a local
				  authority and access to dual party relay service;
(I) Mandatory residential extended area
				  service arrangements;
(J) Mandatory
				  residential extended metropolitan service or other mandatory residential
				  toll-free calling arrangements; and
(K) Residential caller identification
				  services if the customer to whom the service is billed is at least 65 years of
				  age.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.226 - Requirements Applicable to Pricing Flexibility for Chapter 58 Electing Companies

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
				  This section applies to any electing company as the term is defined in the
				  Public Utility Regulatory Act (PURA) §58.002. Other sections applicable to
				  an electing company, include, but are not limited to §
										RSA
				  26.211 of this title (relating to
				  Rate-Setting for Services Subject to Significant Competitive Challenges),
				  §
										RSA
				  26.224 of this title (relating to
				  Requirements Applicable to Basic Network Services for Chapter 58 Electing
				  Companies), §
										RSA
				  26.225 of this title (relating to
				  Requirements Applicable to Nonbasic Services for Chapter 58 Electing Companies)
				  and §
										RSA
				  26.227 of this title (relating to Procedures
				  Applicable to Nonbasic Services and Pricing Flexibility for Basic and Nonbasic
				  Services for Chapter 58 Electing Companies). PURA §55.003 and §55.004
				  do not apply to the retail services offered by an electing company, or to the
				  retail nonbasic services offered by a transitioning company, as defined by PURA
				  §65.002.
(b) Purpose. The
				  purpose of this section is to establish requirements for Chapter 58 electing
				  incumbent local exchange companies (ILECs) to exercise pricing
				  flexibility.
(c) Pricing
				  flexibility. An electing ILEC shall exercise pricing flexibility in accordance
				  with this section and §
										RSA
				  26.227 of this title.
(1) Pricing flexibility includes:
(A) customer specific contracts;
(B) packaging of services;
(C) volume, term, and discount
				  pricing;
(D) zone density pricing,
				  with a zone to be defined as an exchange; and
(E) other promotional pricing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.227 - Procedures Applicable to Nonbasic Services and Pricing Flexibility for Basic and Nonbasic Services for Chapter 58 Electing Companies

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. This section applies to any
				  electing company as the term is defined in the Public Utility Regulatory Act
				  (PURA) §58.002 who chooses to offer nonbasic services and/or exercise
				  pricing flexibility for basic and nonbasic services through informational
				  notice filings. Other sections applicable to an electing company include, but
				  are not limited to, §
										RSA
				  26.224 of this title (relating to
				  Requirements Applicable to Basic Network Services for Chapter 58 Electing
				  Companies), §
										RSA
				  26.225 of this title (relating to
				  Requirements Applicable to Nonbasic Services for Chapter 58-Electing Companies)
				  and §
										RSA
				  26.226 of this title (relating to
				  Requirements Applicable to Pricing Flexibility for Chapter 58 Electing
				  Companies). Notwithstanding other provisions of this section, PURA §55.003
				  and §55.004 do not apply to the retail services offered by an electing
				  company, or to the retail nonbasic services offered by a transitioning company,
				  as defined by PURA §65.002.
(b) Purpose. The purpose of this section is
				  to establish procedures for an electing company that chooses to provide an
				  informational notice to introduce nonbasic services, including new services,
				  and/or to exercise pricing flexibility for basic and nonbasic services, and for
				  complaints regarding service offerings introduced through informational notice
				  filings.
(c) Informational notice
				  filing and notice requirements related to pricing flexibility and nonbasic
				  services, including new services.
(1) Notice
				  requirements.
(A) General notice
				  requirements. An electing company shall provide the informational notice in
				  compliance with this section to the commission, to the Office of Public Utility
				  Counsel (OPC), and to any person who holds a certificate of operating authority
				  in the electing company's certificated area or areas, or who has an effective
				  interconnection agreement with the electing company.
(B) Unless an interconnection agreement
				  contract specifies otherwise, an incumbent local exchange carrier shall
				  continue to provide to affected resellers of retail services the same notice of
				  rate changes or withdrawal of detariffed services that it was required to
				  provide prior to detariffing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.228 - Requirements Applicable to Chapter 52 Companies

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. This section applies to
				  incumbent local exchange companies (ILECs), as defined in the Public Utility
				  Regulatory Act (PURA) §51.002(3), which have not elected to be regulated
				  pursuant to PURA Chapters 58 or 59.
(b) Purpose. The purpose of this section is
				  to establish the substantive and procedural requirements for an ILEC to
				  introduce new services and/or to exercise pricing and packaging flexibility,
				  including customer promotional offerings, and for complaints regarding service
				  offerings introduced by informational notice offerings.
(c) New services. The term "new services" has
				  the meaning assigned in §
										RSA 26.5
				  of this title (relating to Definitions) and shall include services for which no
				  rate was in effect on September 1, 1999. An ILEC may file an informational
				  notice to introduce a new service. An ILEC filing an informational notice
				  pursuant to this subsection shall file the appropriate information in
				  accordance with subsection (g)(2) of this section.
(1) Pricing standards.
(A) An ILEC shall price each new service at
				  or above the service's long run incremental cost (LRIC).
(B) The price of a new service may not be
				  preferential, prejudicial, discriminatory, predatory, or
				  anticompetitive.
(C) A price that
				  is set at or above the service's LRIC is presumed not to be
				  predatory.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter J - COSTS, RATES AND TARIFFS › Section 26.229 - Requirements Applicable to Chapter 59 Electing Companies

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. This section applies to
				  electing companies, as defined in the Public Utility Regulatory Act (PURA)
				  §59.002(1).
(b) Purpose. The
				  purpose of this section is to establish the substantive and procedural
				  requirements for an electing company that chooses to provide an informational
				  notice to introduce new services and/or to exercise pricing and packaging
				  flexibility, including customer promotional offerings, and for complaints
				  regarding service offerings introduced by informational notice
				  offerings.
(c) New services. The
				  term "new services" has the meaning assigned in §
										RSA 26.5
				  of this title (relating to Definitions) and shall include services for which no
				  rate was in effect on September 1, 1999. An electing company may file an
				  informational notice to introduce a new service. An electing company filing an
				  informational notice pursuant to this subsection shall file the appropriate
				  information in accordance with subsection (g)(2) of this section.
(1) Pricing standards.
(A) An electing company shall price each new
				  service at or above the service's long run incremental cost (LRIC).
(B) The price of a new service may not be
				  preferential, prejudicial, discriminatory, predatory, or
				  anticompetitive.
(C) A price that
				  is set at or above the service's LRIC is presumed not to be
				  predatory.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter L - WHOLESALE MARKET PROVISIONS › Section 26.271 - Expanded Interconnection

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. Unless the context clearly indicates otherwise, the provisions
				  relating to expanded interconnection for special access and/or private line
				  services in this section apply to each carrier that is dominant with respect to
				  special access services and that has interstate tariffs in effect that provide
				  for expanded interconnection for special access services. Similarly, unless the
				  context clearly indicates otherwise, the provisions relating to expanded
				  interconnection for switched transport services in this section apply to each
				  carrier that is dominant with respect to switched transport services and that
				  has interstate tariffs in effect that provide for expanded interconnection for
				  switched transport services. A carrier that is dominant with respect to local
				  exchange telephone service is, by definition, also dominant with respect to
				  switched transport services.
(b)
				  Expanded interconnection for special access and private line services.
(1) Expanded interconnection for DS1 and DS3
				  special access services, and special access services for which interstate
				  expanded interconnection has been granted. Each dominant carrier that is
				  subject to this section shall offer expanded interconnection as specified in
				  this subsection for the services listed in subparagraphs (A)-(C) of this
				  paragraph. The dominant carrier shall offer expanded interconnection for these
				  services at the same locations, in the same manner, and, except for price,
				  under the same terms and conditions as it offers expanded interconnection for
				  interstate special access services, unless ordered otherwise by the commission.
				  This paragraph applies to the following intrastate special access services:
(A) special access DS1;
(B) special access DS3; and
(C) special access services for which
				  interstate expanded interconnection has been granted.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter L - WHOLESALE MARKET PROVISIONS › Section 26.274 - Imputation

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. This section applies to
				  incumbent local exchange companies (ILECs) as that term is defined in the
				  Public Utility Regulatory Act (PURA), §51.002(3). The obligations
				  prescribed by this section may be applied to an ILEC with fewer than one
				  million access lines in the state only on a bona fide request from a party
				  having a justiciable interest.
(b)
				  Purpose. This section implements the state's regulatory policy to prevent an
				  ILEC from selling a wholesale service or function to another telecommunications
				  utility at a price that is higher than the rate the ILEC implicitly includes in
				  retail services it provides.
(c)
				  Definition. The term "competitively available" when used in this section, shall
				  mean a service that may be obtained from at least one source other than the
				  ILEC to an extent sufficient to discipline the price charged by the ILEC in the
				  state. In the context of an imputation test for a retail service, there shall
				  be a rebuttable presumption that a wholesale service is competitively available
				  if:
(1) the ILEC providing the retail service
				  has elected under the Public Utility Regulatory Act, Chapter 58 and the
				  wholesale service is a competitive service; or
(2) the service is available from a
				  competitor, other than a pure reseller, to 60% of the access lines to which the
				  retail service is or will be available.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter L - WHOLESALE MARKET PROVISIONS › Section 26.276 - Unbundling

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to implement Public Utility Regulatory Act (PURA)
				  §60.021, which requires an incumbent local exchange company (ILEC), at a
				  minimum, to unbundle its network to the extent ordered by the Federal
				  Communications Commission (FCC).
(b) Application.
(1) The provisions of this section apply, as
				  of its effective date, to each ILEC that serves one million or more access
				  lines.
(2) The provisions of this
				  section apply upon a bona fide request to each ILEC that serves fewer than one
				  million access lines.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter L - WHOLESALE MARKET PROVISIONS › Section 26.283 - Infrastructure Sharing

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  The following words and terms, when used in this section, shall have the
				  following meanings unless the context clearly indicates otherwise.
(1) Local exchange company (LEC)--As defined
				  in the Public Utility Regulatory Act, Texas Utilities Code §
											RSA
				  51.002<subdiv>(4)</subdiv>
				  (Vernon 1998) (PURA).
(2) Public
				  switched network infrastructure and technology--Includes, but is not limited
				  to:
(A) Basic public switched network
				  infrastructure and technology--The physical plant and corresponding
				  functionalities that provide basic network services such as those listed in
				  PURA §58.051.
(B) Advanced
				  public switched network infrastructure and technology--The physical plant and
				  corresponding functionalities that provide integrated services digital network
				  (ISDN) services as set forth in PURA §58.203(c), optical fiber or
				  equivalent facilities, and Common Channel Signaling System 7.
(3) Requesting local exchange
				  company (LEC)--An LEC that requests another LEC to share public switched
				  network infrastructure and technology.
(4) Sharing local exchange company (LEC)--An
				  LEC that has been requested by another LEC to share public switched network
				  infrastructure and technology.
(5)
				  Sole carrier of last resort--The LEC holding a certificate of convenience and
				  necessity, as to the geographic area covered by such certificate.