Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter P - TEXAS UNIVERSAL SERVICE FUND › Section 26.405 - Financial Need for Continued Support

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section establishes criteria to demonstrate financial need for continued
				  support for the provision of basic local telecommunications service under the
				  Texas High Cost Universal Service Plan (THCUSP) and the Small and Rural
				  Incumbent Local Exchange Company Universal Service Plan (SRILEC USP). This
				  section also establishes the process by which the commission will evaluate
				  petitions to show financial need and will set new monthly per-line support
				  amounts.
(b) Application. This
				  section applies to an incumbent local exchange company (ILEC) that is subject
				  to §
										26.403(f) of this
				  title (relating to the Texas High Cost Universal Service Plan (THCUSP)) or
				  §
										26.404(g) of this
				  title (relating to the Small and Rural Incumbent Local Exchange Company (ILEC)
				  Universal Service Plan).
(c)
				  Definitions. The following words and terms when used in this section have the
				  following meaning unless the context clearly indicates otherwise:
(1) Business line--The telecommunications
				  facilities providing the communications channel that serves a single-line
				  business customer's service address. For the purpose of this definition, a
				  single-line business line is one to which multi-line hunting, trunking, or
				  other special capabilities do not apply. For a line served by an ILEC, a
				  business line is a line served in accordance with the ILEC's business service
				  tariff or a package that includes such a tariffed service. For a line served by
				  an ILEC in accordance with a customer specific contract or that is otherwise
				  not served in accordance with a tariff, to qualify as a business line, the
				  service must be provided in accordance with a customer application, subscriber
				  agreement, or contract entered into by a public or private organization of any
				  character, or a representative or agent of such entity, irrespective of the
				  person or entity in actual possession of the telephone device. For a line that
				  is served by an ETP other than an ILEC, to qualify as a business line, the
				  service must be provided in accordance with a customer application, subscriber
				  agreement, or contract entered into by a public or private organization of any
				  character, or a representative or agent of such entity, irrespective of the
				  person or entity in actual possession of the telephone device.
(2) Eligible line--A residential line or a
				  single-line business line over which an ETP provides the service supported by
				  the THCUSP or SRILEC USP through its own facilities, purchase of unbundled
				  network elements (UNEs), or a combination of its own facilities and purchase of
				  UNEs. An eligible line may be a business line or a residential line but cannot
				  be both.
(3) Eligible
				  telecommunications provider (ETP)--A telecommunications provider designated by
				  the commission in accordance with §
											26.417 of this title (relating to
				  Designation as Eligible Telecommunications Providers to Receive Texas Universal
				  Service Funds (TUSF)).
(4) Physical
				  911 address--For the purposes of this section, a physical 911 address is an
				  address transmitted to the applicable emergency service providers by an ETP
				  with respect to a line that is not stated in GPS coordinates.
(5) Residential line--The telecommunications
				  facilities providing the communications channel that serves a residential
				  customer's service address. For the purpose of this definition, a residential
				  line is one to which multi-line hunting, trunking, or other special
				  capabilities do not apply. A line that qualifies as a business line does not
				  qualify as a residential line.
(6)
				  Service Address--For the purposes of this section, a business or residential
				  customer's service address is defined using the following criteria:
(A) A service address is the unique physical
				  street address, including any suite or unit number, where a line is provided to
				  a customer, except as provided in clauses (i)-(ii) and subparagraph (B) of this
				  paragraph.
(i) If no unique physical street
				  address is available, a physical 911 address must be used.
(ii) If no unique physical street address and
				  no physical 911 address are available, the business or residential customer's
				  service address must be an area of land under common operation or use as
				  defined by a deed, state permit, lease name, or licensed or registered field of
				  operation, which must be described by an ETP using GPS coordinates. Multiple
				  buildings within a single area of land under common operation or use must not
				  qualify as separate service addresses, even if the GPS coordinates for each
				  building are different.
(B) For eligible lines served using
				  commercial mobile radio service, a service address for such a line may be the
				  customer's billing address for the purposes of this definition.