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 P - TEXAS UNIVERSAL SERVICE FUND › Section 26.418 - Designation of Common Carriers as Eligible Telecommunications Carriers to Receive Federal Universal Service Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section provides the requirements for the commission to designate common
				  carriers as eligible telecommunications carriers (ETCs) to receive support from
				  the federal universal service fund (FUSF) in accordance with 47 United States
				  Code (U.S.C.) §214(e) (relating to Provision of Universal Service). In
				  addition, this section provides guidelines for rural and non-rural carriers to
				  meet the federal requirements of annual certification for FUSF support criteria
				  and, if requested or ordered, for the disaggregation of rural carriers' FUSF
				  support.
(b) Application. This
				  section applies to a common carrier seeking designation as an ETC, except for
				  commercial mobile radio service (CMRS) resellers. A CMRS reseller may not seek
				  designation from the commission, but instead may seek designation as an ETC by
				  the Federal Communications Commission (FCC). This section also applies to a
				  common carrier that has been designated by the commission as an ETC, including
				  a CMRS reseller. Subsection (i) of this section does not apply to a deregulated
				  company holding a certificate of operating authority or to an exempt carrier
				  under Public Utility Act (PURA) §52.154.
(c) Service areas. The commission may
				  designate ETC service areas according to the following criteria.
(1) Non-rural service area. To be eligible to
				  receive federal universal service support in non-rural areas, a carrier must
				  provide federally supported services in accordance with
				  47 Code of Federal
				  Regulations (C.F.R.) §
												54.101 (relating
				  to Supported Services for Rural, Insular, and High Cost Areas) throughout the
				  area for which the carrier seeks to be designated an ETC.
(2) Rural service area. In the case of areas
				  served by a rural telephone company, as defined in §
											26.404 of this title (relating to
				  Small and Rural Incumbent Local Exchange Company (ILEC) Universal Service
				  Plan), a carrier must provide federally supported services in accordance with
				  47 C.F.R. §
												54.101 throughout the study area of the rural
				  telephone company in order to be eligible to receive federal universal service
				  support.
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 26.419 - Telecommunication Resale Providers Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF) for Lifeline Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope and
				  Purpose. This section provides the requirements for the commission to designate
				  certificated providers of local exchange telephone service that provide this
				  service solely through the resale of an incumbent local exchange carrier's
				  (ILEC) services as an eligible telecommunications provider (ETP) for the
				  specific purpose of receiving funds for Lifeline Service from the Texas
				  Universal Service Fund (TUSF) under §
										26.412 of this title (relating to
				  the Lifeline Service Program). Only resale ETPs as defined by §
										26.412(b)(2) of
				  this title must qualify to receive universal service support under this
				  program.
(b) Requirements for
				  establishing ETP service areas.
(1) Texas High
				  Cost Universal Service Plan (THCUSP) service area. A THCUSP service area must
				  be based upon wire centers (WCs) or other geographic area as determined
				  appropriate by the commission. A telecommunications provider may be designated
				  an ETP for any or all WCs contained within its certificated service area. An
				  ETP must serve an entire WC or other geographic area as determined appropriate
				  by the commission.
(2) Small and
				  Rural ILEC Universal Service Plan (SRIUSP) service area. A SRIUSP service area
				  for an ETP serving in a small or rural ILEC's territory must include the entire
				  study area of such small or rural ILEC.
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 26.420 - Administration of Texas Universal Service Fund (TUSF)

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The provisions of this section
				  establish the administration of the Texas Universal Service Fund
				  (TUSF).
(b) Programs included in
				  the TUSF.
(1) Section
				  RSA
				  26.403 of this title (relating to the Texas
				  High Cost Universal Service Plan (THCUSP));
(2) Section
				  RSA
				  26.404 of this title (relating to the Small
				  and Rural Incumbent Local Exchange Company (ILEC) Universal Service
				  Plan);
(3) Section
				  RSA
				  26.406 of this title (relating to the
				  Implementation of the Public Utility Regulatory Act §56.025);
(4) Section
				  RSA
				  26.408 of this title (relating to Additional
				  Financial Assistance (AFA));
(5)
				  Section
				  RSA
				  26.410 of this title (relating to Universal
				  Service Fund Reimbursement for Certain IntraLATA Service);
(6) Section
				  RSA
				  26.412 of this title (relating to Lifeline
				  Service Program);
(7) Section
				  RSA
				  26.414 of this title (relating to
				  Telecommunications Relay Service (TRS));
(8) Section
				  RSA
				  26.415 of this title (relating to Specialized
				  Telecommunications Assistance Program (STAP));
(9) Section
				  RSA
				  26.417 of this title (relating to Designation
				  as Eligible Telecommunications Providers to Receive Texas Universal Service
				  Funds (TUSF));
(10) Section
				  RSA
				  26.418 of this title (relating to Designation
				  of Common Carriers as Eligible Telecommunications Carriers to Receive Federal
				  Universal Service Funds);
(11)
				  Section 26.420 of this title (relating to Administration of Texas Universal
				  Service Fund (TUSF));
(12) Section
				  RSA
				  26.421 of this title (relating to Designation
				  of Eligible Telecommunications Providers to Provide Service to Uncertificated
				  Areas);
(13) Section
				  RSA
				  26.422 of this title (relating to Subsequent
				  petitions for Service to Uncertificated Areas);
(14) Section
				  RSA
				  26.423 of this title (relating to High Cost
				  Universal Service Plan for Uncertificated Areas Where an Eligible
				  Telecommunications Provider Volunteers to Provide Basic Local
				  Telecommunications Service); and
(15) Section
				  RSA
				  26.424 of this title (relating to Audio
				  Newspaper Assistance Program).
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 26.421 - Designation of Eligible Telecommunications Providers to Provide Service to Uncertificated Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  provisions of this section establish the procedures for the commission to
				  designate an eligible telecommunications provider (ETP) to provide voice-grade
				  services to permanent residential or business premises that are not included
				  within the certificated area of a holder of a certificate of convenience and
				  necessity (CCN), and for the reimbursement of costs from the Texas Universal
				  Service Fund (TUSF).
(b)
				  Definitions. The following words and terms, when used in this section, shall
				  have the following meaning unless the context clearly indicates otherwise:
(1) Designated provider--A telecommunications
				  provider designated by the commission to provide services to premises located
				  within an uncertificated area
(2)
				  Eligible telecommunications provider (ETP)--A telecommunications provider
				  designated by the commission pursuant to §
											RSA
				  26.417 of this title (relating to Designation
				  as Eligible Telecommunications Providers to Receive Texas Universal Service
				  Funds (TUSF)).
(3) Permanent
				  residential or business premises--A premises that has permanent facilities for
				  water, wastewater, and electricity.
(4) Preferred provider--A designated provider
				  for any permanent residential or business premises within reasonable proximity
				  to those petitioning premises for later petitions filed under §
											RSA
				  26.422 of this title (relating to Subsequent
				  Petitions for Service in Uncertificated Areas).
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 26.422 - Subsequent Petitions for Service in Uncertificated Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) This section does not apply to a
				  deregulated company holding a certificate of operating authority or to an
				  exempt carrier under Public Utility Act (PURA) §52.154.
(b) If the commission approves a petition
				  requesting service, residents of permanent residential premises or owners of
				  permanent residential or business premises in reasonable proximity to the
				  premises that were the subject of an approved petition who did not sign the
				  prior petition requesting service are not entitled to receive service under the
				  Public Utility Regulatory Act (PURA), Chapter 56, Subchapter F, prior to the
				  fifth anniversary of the date the prior petition was filed, unless the
				  residents or owners file a new petition and agree to pay aid to construction
				  charges on the same terms as applicable to the prior petitioner(s).
(c) The designated provider shall receive
				  reimbursement for the original cost of deployment and actual recurring costs of
				  providing service to those additional residents in the same manner as the
				  provider received reimbursement of those costs in relation to the prior
				  petitioner(s). The provider may not receive reimbursement for the original cost
				  of deployment under a subsequent petition if the provider previously received
				  complete reimbursement for those costs from the Texas Universal Service Fund
				  (TUSF). If the TUSF has completely reimbursed the original cost of deployment
				  as provided by §
										RSA
				  26.421 of this title (relating to Designation
				  of Eligible Telecommunications Providers to Provide Service to Uncertificated
				  Areas), each subsequent petitioner must pay into the TUSF an amount equal to
				  the aid to construction charge paid by each prior petitioner.
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 26.423 - High Cost Universal Service Plan for Uncertificated Areas where an Eligible Telecommunications Provider (ETP) Volunteers to Provide Basic Local Telecommunications Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section establishes the
				  guidelines for financial assistance to ETPs that serve uncertificated areas of
				  the state where an ETP volunteers to provide basic voice-grade
				  telecommunications service to permanent residential and single-line business
				  premises.
(b) Definitions. The
				  following words and terms, when used in this section, shall have the following
				  meaning unless the context clearly indicates otherwise:
(1) Eligible line--A residential line and a
				  single-line business line as defined by §
											RSA
				  26.403 of this title (relating to Texas High
				  Cost Universal Service Plan (THCUSP)).
(2) Eligible telecommunications provider
				  (ETP)--A telecommunications provider designated by the commission pursuant to
				  §
											RSA
				  26.417 of this title (relating to Designation
				  as Eligible Telecommunications Providers to Receive Texas Universal Service
				  Funds (TUSF)).
(3) Permanent
				  residential or business premises--A premise as defined pursuant to §
											RSA
				  26.421 of this title (relating to Designation
				  of Eligible Telecommunications Providers to Provide Service to Uncertificated
				  Areas).
(4) Uncertificated
				  areas--An area of the state that is not included within the certificated area
				  of a holder of a certificate of convenience and necessity (CCN).
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 26.424 - Audio Newspaper Assistance Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The provisions of this section establish a program providing financial
				  assistance from the Texas universal service fund to support a free telephone
				  service that allows blind and visually impaired persons access to the text of
				  newspapers by using synthetic speech.
(b) Definitions. The following words and
				  terms shall have the following meanings when used in this section, unless the
				  context clearly indicates otherwise.
(1)
				  Texas Newspaper--a serial publication that contains news on current events of
				  special or general interest published within the state of Texas;
(2) National Newspaper--a serial publication
				  that contains news on current events of special or general interest that is
				  widely distributed in all fifty states;
(3) Registered User--a person who has met the
				  eligibility criteria pursuant to subsection (e) of this section and has
				  registered with the Audio Newspaper Program; and
(4) Audio Newspaper Program (ANP)
				  Provider--the carrier awarded the Audio Newspaper Program contract by the
				  commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter Q - 9-1-1 ISSUES › Section 26.433 - Roles and Responsibilities of 9-1-1 Service Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  provisions of this section are intended to assure the integrity of the state's
				  emergency 9-1-1 system in the context of a competitive and technologically
				  evolving telecommunications market. In particular this section establishes
				  specific reporting and notification requirements and mandates certain minimum
				  network interoperability, service quality standards, and database integrity
				  standards. The requirements in this section are in addition to the applicable
				  interconnection requirements required by §26.272 of this title (relating
				  to Interconnection).
(b)
				  Application. This section applies to a certificated telecommunications utility
				  (CTU) .
(c) 9-1-1 service provider
				  certification requirements.
(1) Only a CTU may
				  be a 9-1-1 database management services provider.
(2) Only a CTU may be a 9-1-1 network
				  services provider.
(3) Unless
				  acting as a 9-1-1 database management services provider or 9-1-1 network
				  services provider, PSAPs and 9-1-1 administrative entities do not require
				  certification by the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter Q - 9-1-1 ISSUES › Section 26.435 - Cost Recovery Methods for 9-1-1 Dedicated Transport

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to establish uniform cost recovery methods for direct dedicated 9-1-1 trunks
				  approved by the appropriate 9-1-1 administrative entity or entities and used in
				  the provision of 9-1-1 service to end users by certificated telecommunications
				  utilities (CTUs). The maximum nonrecurring and monthly recurring reimbursable
				  charges in subsection (c)(1) of this section apply only when the points of
				  interconnection are not a material change to the current provisioning of 9-1-1
				  services or the points of interconnection are within the current local access
				  and transport areas LATAs. In the event that a CTU considers a request by a
				  9-1-1 administrative entity or entities to be a material change, the CTU within
				  sixty days of receipt of the request may file an application with the
				  commission requesting a revised reimbursement rate. The CTU is not required to
				  begin provisioning until the commission issues its final order on the
				  application, unless the 9-1-1 administrative entity or entities agree to pay
				  the CTU's proposed revised reimbursement rate, subject to true-up once the
				  commission approves a reimbursement rate for the provisioning.
(b) Application. This section applies to all
				  CTUs that are facilities based and providing local exchange service.
(c) Reimbursable costs.
(1) 9-1-1/CTU Reimbursement. Subject to the
				  applicable law regarding payments by a 9-1-1 administrative entity, the
				  appropriate 9-1-1 administrative entity or entities shall reimburse a CTU a
				  maximum non-recurring rate of $165 and recurring rate of $39 per month as the
				  total compensation for each direct dedicated 9-1-1 trunk unless:
(A) the CTU files a petition with the
				  commission and notice of such filing with the appropriate 9-1-1 administrative
				  entity or entities for the imposition of a different rate no later than June 1
				  of the calendar year; and
(B) the
				  CTU provides evidence to the commission that, based upon certain technology
				  deployment, a different rate should apply; and
(C) after appropriate review, including
				  comment from the appropriate 9-1-1 administrative entity or entities, the
				  commission approves such rate as requested by the CTU.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter R - PROVISIONS RELATING TO MUNICIPAL REGULATION AND RIGHTS-OF-WAY MANAGEMENT › Section 26.461 - Access Line Categories

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section establishes three competitively neutral, non-discriminatory categories
				  of access lines for statewide use in establishing a uniform method for
				  compensating municipalities for the use of a public right-of-way by
				  certificated telecommunications providers (CTPs).
(b) Application. The provisions of this
				  section apply to CTPs, as defined by subsection (c)(2) of this section, and to
				  municipalities in the State of Texas.
(c) Definitions. The following words and
				  terms when used in this subchapter, shall have the following meaning, unless
				  the context clearly indicates otherwise.
(1)
				  Access lines--
(A) means a unit of
				  measurement representing
(i) each switched
				  transmission path of the transmission media that is physically within a public
				  right-of-way extended to the end-use customer's premises within the
				  municipality, that allows the delivery of local exchange telephone services
				  within a municipality, and that is provided by means of owned facilities,
				  unbundled network elements or leased facilities, or resale; or
(ii) each termination point or points of a
				  nonswitched telephone or other circuit consisting of transmission media located
				  within a public right-of-way connecting specific locations identified by, and
				  provided to, the end-use customer for delivery of nonswitched
				  telecommunications services within the municipality; or
(iii) each switched transmission path within
				  a public right-of-way used to provide central office-based PBX-type services
				  for systems of any number of stations within the municipality, and in that
				  instance, one path shall be counted for every 10 stations served; or
(iv) any other line not described in clauses
				  (i), (ii) or (iii) of this subparagraph that provides voice service delivered
				  by means of owned facilities, unbundled network elements or leased facilities,
				  or resale.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter R - PROVISIONS RELATING TO MUNICIPAL REGULATION AND RIGHTS-OF-WAY MANAGEMENT › Section 26.463 - Calculation and Reporting of a Municipality's Base Amount

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section establishes a
				  uniform method for determining a municipality's base amount and calculating the
				  value of in-kind services provided to a municipality under an effective
				  franchise agreement or ordinance by certificated telecommunications providers
				  (CTPs), and sets forth relevant reporting requirements.
(b) Application. This section applies to all
				  municipalities in the State of Texas.
(c) Definitions. The following words and
				  terms when used in this subchapter, shall have the following meaning, unless
				  the context clearly indicates otherwise.
(1)
				  Base amount--The total amount of revenue received by the municipality from CTPs
				  in franchise, license, permit, application, excavation, inspection, and other
				  fees related to the use of a public right-of-way in calendar year 1998 within
				  the boundaries of the municipality. The base amount may include revenue from
				  newly annexed areas, the value of in-kind services or facilities, or municipal
				  fee rate escalation provisions for certain municipalities as prescribed in
				  subsection (d) of this section.
(A) The base
				  amount does not include pole rental fees, special assessments, and taxes of any
				  kind, including ad valorem or sales and use taxes, or other compensation not
				  related to the use of a public right-of-way.
(B) The base amount does not include
				  compensation received from interexchange carriers, cable providers or wireless
				  providers, who may be CTPs, but whose lines do not meet the definition of
				  access line under §
												RSA
				  26.461 of this title (relating to Access Line
				  Categories).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter R - PROVISIONS RELATING TO MUNICIPAL REGULATION AND RIGHTS-OF-WAY MANAGEMENT › Section 26.465 - Methodology for Counting Access Lines and Reporting Requirements for Certificated Telecommunications Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section establishes a
				  uniform method for counting access lines within a municipality by category as
				  provided by §
										RSA
				  26.461 of this title (relating to Access Line
				  Categories), sets forth relevant reporting requirements, and sets forth certain
				  reseller obligations under the Local Government Code, Chapter 283.
(b) Application. This section applies to all
				  certificated telecommunications providers (CTPs) in the State of
				  Texas.
(c) Definitions. The
				  following words and terms when used in this section, shall have the following
				  meaning, unless the context clearly indicates otherwise.
(1) Customer--The retail end-use
				  customer.
(2) Transmission path--A
				  path within the transmission media that allows the delivery of switched local
				  exchange service or provides voice service.
(A) Each individual switched service shall
				  constitute a single transmission path.
(B) Where services are offered as part of a
				  bundled group of services, each switched service in that bundled group of
				  services shall constitute a single transmission path.
(C) Services that constitute vertical
				  features of a switched service,
e.g.,
call waiting, caller-ID,
				  do not constitute a transmission path.
(D) Where a service or technology is
				  channelized by the CTP and results in a separate switched path for each
				  channel, each such channel shall constitute a single transmission
				  path.
(E) Voice service provided
				  through wireline facilities located at least in part in the public
				  right-of-way, without regard to the delivery technology, switched or not, and
				  including Internet protocol technology, shall constitute a single transmission
				  path.
(3) Wireless
				  provider--A provider of commercial mobile service as defined by §332(d),
				  Communications Act of 1934 (47
				  U.S.C. §151
et seq.),
Federal Communications Commission rules, and the Omnibus Budget Reconciliation
				  Act of 1993 (Public Law
				  103-66).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter R - PROVISIONS RELATING TO MUNICIPAL REGULATION AND RIGHTS-OF-WAY MANAGEMENT › Section 26.467 - Rates, Allocation, Compensation, Adjustments and Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section establishes the
				  following:
(1) rates for categories of access
				  lines;
(2) default allocation for
				  municipalities;
(3) adjustments to
				  the base amount and allocation;
(4)
				  municipal compensation; and
(5)
				  associated reporting requirements.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter R - PROVISIONS RELATING TO MUNICIPAL REGULATION AND RIGHTS-OF-WAY MANAGEMENT › Section 26.468 - Procedures for Standardized Access Line Reports and Enforcement Relating to Quarterly Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section standardizes access line reports and implements enforcement procedures
				  relating to quarterly reporting.
(b) Application. The section applies to all
				  certificated telecommunications providers (CTPs) operating in municipalities in
				  the State of Texas.
(c) Definition.
				  The following words and terms, when used in this section, shall have the
				  following meaning unless the context clearly indicates otherwise:
(1) Certificated telecommunications provider
				  (CTP)--As defined under Local Government Code §
											RSA
				  283.002.
(2) Municipal Access Line Reporting System
				  (MARS)--An Internet Web application designed for the reporting of quarterly
				  access line counts.
(3)
				  Exemption--As defined in §
											RSA
				  26.465<subdiv>(h)</subdiv> of
				  this title (relating to Methodology for Counting Access Lines and Reporting
				  Requirements for Certificated Telecommunications Providers).
(A) Fully exempt CTP--A CTP claiming
				  exemption that has no access lines to report for any municipalities
				  participating in the fee-per-access line compensation scheme, as required under
				  §
												RSA
				  26.467 of this title (relating to Rates,
				  Allocation, Compensation, Adjustments and Reporting).
(B) Partially exempt CTP--A CTP claiming
				  exemption that is also operating in and has access lines to report for other
				  municipalities participating under the fee-per-access-line compensation scheme,
				  as required under §
												RSA
				  26.467 of this title.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter A - GENERAL PROVISIONS › Section 27.21 - Commission Employee Training

Current through Reg. 49, No. 28; July 12, 2024
(a) "Training," as
				  used in this section, means instruction, teaching, or other education received
				  by a commission employee that is not normally received by all commission
				  employees and that is designed to enhance the ability of the employee to
				  perform the employee's job.
(1) The term
				  includes a course of study at an institution of higher education, as defined by
				  Texas Education Code §
											61.003(8),
				  if the commission spends money to assist the employee to meet the expense of
				  the course of study or pays salary to the employee to undertake the course of
				  study as an assigned duty.
(2) The
				  term does not include instruction, teaching, or other education that is
				  required either by state or federal law or that is determined necessary by the
				  commission and offered to all commission employees performing similar
				  jobs.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter B - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 27.31 - Historically Underutilized Business Program

Current through Reg. 49, No. 28; July 12, 2024
The commission adopts by reference the rules of the
					 Comptroller of Public Accounts in 34 Texas Administrative Code (TAC)
					 §§20.282, 20.284, 20.285, 20.296, and 20.297, relating to the
					 Historically Underutilized Business Program.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 1 - GENERAL › Section 27.61 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this Subchapter is to establish rules for
						the efficient resolution of contract disputes between contractors and the
						commission pursuant to the Texas Government Code, Chapter
						2260.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 1 - GENERAL › Section 27.63 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter does not apply to an
					 action of the commission for which a contractor is entitled to a specific
					 remedy pursuant to state or federal constitution or statute.
(b) This subchapter does not apply to a
					 contract action proposed or taken by the commission for which a contractor
					 receiving Medicaid funds under that contract is entitled by state statute or
					 rule to a hearing conducted in accordance with Texas Government Code, Chapter
					 2001.
(c) This subchapter does not
					 apply to contracts:
(1) between the
					 commission and the federal government or its agencies, another state or another
					 nation;
(2) between the commission
					 and another unit of state government;
(3) between the commission and a local
					 governmental body, or a political subdivision of another state;
(4) between a subcontractor and a
					 contractor;
(5) subject to the
					 Transportation Code §
												RSA
					 201.112;
(6) within the exclusive jurisdiction of
					 state or local regulatory bodies;
(7) within the exclusive jurisdiction of
					 federal courts or regulatory bodies; or
(8) that are solely and entirely funded by
					 federal grant monies other than for a project defined in §
												RSA
					 27.65<subdiv>(10)</subdiv> of
					 this title (relating to Definitions).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 1 - GENERAL › Section 27.65 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						subchapter, have the following meaning, unless the context clearly indicates
						otherwise:
(1) Chief administrative
					 officer--The executive director of the commission or their designee.
(2) Claim--A demand for damages by the
					 contractor based upon the commission's alleged breach of the
					 contract.
(3) Commission--The
					 Public Utility Commission of Texas.
(4) Contract--A written contract between the
					 commission and a contractor by the terms of which the contractor agrees either:
(A) to provide goods or services, by sale or
					 lease, to or for the commission; or
(B) to perform a project as defined by Texas
					 Government Code, §
												2166.001.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 1 - GENERAL › Section 27.67 - Prerequisites to Suit

Current through Reg. 49, No. 28; July 12, 2024
The procedures contained in this subchapter are exclusive
						and required prerequisites to suit under the Civil Practice & Remedies
						Code, Chapter 107, and the Texas Government Code, Chapter
						2260.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 1 - GENERAL › Section 27.69 - Sovereign Immunity

Current through Reg. 49, No. 28; July 12, 2024
This subchapter does not waive the commission's sovereign
						or governmental immunity to suit or liability.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 2 - NEGOTIATION OF CONTRACT DISPUTES › Section 27.81 - Notice of Claim of Breach of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor
					 asserting a claim of breach of contract under the Texas Government Code,
					 Chapter 2260, must file notice of the claim as provided by this
					 section.
(b) The notice of claim
					 must:
(1) be in writing and signed by the
					 contractor or the contractor's authorized representative;
(2) be delivered by hand, certified mail
					 return receipt requested, or other verifiable delivery service, to the officer
					 of the commission designated in the contract to receive a notice of claim of
					 breach of contract under the Texas Government Code, Chapter 2260; if no person
					 is designated in the contract, the notice must be delivered to the commission's
					 chief administrative officer, and
(3) state in detail:
(A) the nature of the alleged breach of
					 contract, including the date of the event that the contractor asserts as the
					 basis of the claim and each contractual provision allegedly breached;
(B) a description of damages that resulted
					 from the alleged breach, including the amount and method used to calculate
					 those damages; and
(C) the legal
					 theory of recovery,
i.e.
, breach of contract, including the
					 causal relationship between the alleged breach and the damages
					 claimed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 2 - NEGOTIATION OF CONTRACT DISPUTES › Section 27.83 - Agency Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
					 asserting a counterclaim under the Texas Government Code, Chapter 2260, will
					 file notice of the counterclaim as provided by this section.
(b) The notice of counterclaim will:
(1) be in writing;
(2) be delivered by hand, certified mail
					 return receipt requested or other verifiable delivery service to the contractor
					 or representative of the contractor who signed the notice of claim of breach of
					 contract; and
(3) state in detail:
(A) the nature of the counterclaim;
(B) a description of damages or offsets
					 sought, including the amount and method used to calculate those damages or
					 offsets; and
(C) the legal theory
					 supporting the counterclaim.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 2 - NEGOTIATION OF CONTRACT DISPUTES › Section 27.85 - Request for Voluntary Disclosure of Additional Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon
					 the filing of a claim or counterclaim, a party may request to review and copy
					 information in the possession or custody or subject to the control of the other
					 party that pertains to the contract claimed to have been breached, including:
(1) accounting records;
(2) correspondence, including communications
					 between the commission and outside consultants the other party utilized in
					 preparing its bid solicitation or any part thereof or in administering the
					 contract, and correspondence between the contractor and its subcontractors,
					 materialmen, and vendors;
(3)
					 schedules;
(4) any relevant
					 internal memoranda of the other party; and
(5) documents created by the other party in
					 preparing its offer to the commission and documents created by the commission
					 in analyzing the offers it received in response to a solicitation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 2 - NEGOTIATION OF CONTRACT DISPUTES › Section 27.87 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties must negotiate in accordance with the
						timetable established by §
											27.89 of this title (relating to
						Timetable) to attempt to resolve all claims and counterclaims. No party is
						obligated to settle with the other party as a result of the
						negotiation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 2 - NEGOTIATION OF CONTRACT DISPUTES › Section 27.89 - Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) Following receipt of a contractor's
					 notice of claim, the chief administrative officer of the commission or other
					 designated representative will review each claim of the contractor and each
					 counterclaim of the commission if any, and initiate negotiations with the
					 contractor to attempt to resolve each claim and counterclaim.
(b) Subject to subsection (c) of this
					 section, the parties must begin negotiations within a reasonable period of
					 time, not to exceed 60 days following the later of:
(1) the date of termination of the
					 contract;
(2) the completion date,
					 or substantial completion date in the case of construction projects, in the
					 original contract; or
(3) the date
					 the commission receives the contractor's notice of claim.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 2 - NEGOTIATION OF CONTRACT DISPUTES › Section 27.91 - Conduct of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
(a) Negotiation is a
					 consensual bargaining process in which the parties attempt to resolve a claim
					 and counterclaim. A negotiation under this subchapter may be conducted by any
					 method, technique, or procedure authorized under the contract or agreed upon by
					 the parties, including negotiation in person, by telephone, by digital or
					 physical mail correspondence, by video conference, or by any other method that
					 permits the parties to identify their respective positions, discuss their
					 respective differences, confer with their respective advisers, exchange offers
					 of settlement, and settle.
(b) The
					 parties may conduct negotiations with the assistance of one or more neutral
					 third parties. If the parties choose to mediate their dispute, the mediation
					 must be conducted in accordance with Division 3 of this subchapter (relating to
					 Mediation of Contract Disputes). Parties may choose an assisted negotiation
					 process other than mediation, including processes such as those described in
					 Division 4 of this subchapter (relating to Assisted Negotiation
					 Processes).
(c) To facilitate the
					 meaningful evaluation and negotiation of each claim and, as applicable, each
					 counterclaim, the parties may exchange relevant documents that support their
					 respective claims, defenses, counterclaims or positions.
(d) Material submitted under this subsection
					 and claimed to be confidential by the contractor must be handled in accordance
					 with the requirements of the Public Information Act, Texas Government Code,
					 Chapter 552.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 2 - NEGOTIATION OF CONTRACT DISPUTES › Section 27.93 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures must be
						disclosed prior to, or at the beginning of, negotiations. To the extent
						possible, the parties must select negotiators who are knowledgeable about the
						subject matter of the dispute, who are in a position to reach agreement, and
						who can credibly recommend approval of an agreement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 2 - NEGOTIATION OF CONTRACT DISPUTES › Section 27.95 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A settlement
					 agreement may resolve an entire claim or any designated and severable portion
					 of a claim.
(b) To be enforceable,
					 a settlement agreement must be in writing and signed by representatives of the
					 contractor and the commission who have authority to bind each respective
					 party.
(c) A partial settlement
					 does not waive a party's rights under the Texas Government Code, Chapter 2260,
					 as to the parts of the claims or counterclaims that are not resolved.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 2 - NEGOTIATION OF CONTRACT DISPUTES › Section 27.97 - Costs of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise, each party is
						responsible for its own costs incurred in connection with a negotiation,
						including the costs of attorney's fees, consultant's fees and expert's
						fees.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 2 - NEGOTIATION OF CONTRACT DISPUTES › Section 27.99 - Request for Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor may
					 file a request with the commission for a contested case hearing before the
					 State Office of Administrative Hearings (SOAH) if a claim for breach of
					 contract is not resolved in its entirety through negotiation, mediation or
					 other assisted negotiation process in accordance with this subchapter 270 days
					 from the date:
(1) the commission receives the
					 notice of the claim; or
(2) the
					 expiration of any extension agreed to by the parties in accordance with §
												27.89(f) of this
					 title (relating to Timetable).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 3 - MEDIATION OF CONTRACT DISPUTES › Section 27.111 - Mediation Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) The contractor
					 and commission may agree to mediate the dispute at any time 270 days from the
					 date the commission receives a notice of claim of breach of contract, or before
					 the expiration of any extension agreed to by the parties in writing.
(b) A contractor and the commission may
					 mediate the dispute even after the case has been referred to the State Office
					 of Administrative Hearings (SOAH) for a contested case. SOAH may also refer a
					 contested case for mediation in accordance with its own rules and guidelines,
					 regardless of whether the parties have previously attempted
					 mediation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 27 - RULES FOR ADMINISTRATIVE SERVICES › Subchapter C - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Division 3 - MEDIATION OF CONTRACT DISPUTES › Section 27.113 - Conduct of Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Mediation is a
					 consensual process in which an impartial third party, the mediator, facilitates
					 communication between the parties to promote reconciliation, settlement, or
					 understanding among them. A mediator may not impose their own judgment on the
					 issues for that of the parties. The mediator must be acceptable to both
					 parties.
(b) The mediation is
					 subject to the provisions of the Governmental Dispute Resolution Act, Texas
					 Government Code, Chapter 2009.
(c)
					 To facilitate a meaningful opportunity for settlement, the parties must, to the
					 extent possible, select representatives who are knowledgeable about the
					 dispute, who are in a position to reach agreement, or who can credibly
					 recommend approval of an agreement.