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 26.406 - Implementation of the Public Utility Regulatory Act Section 56.025

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to implement the provisions of the Public Utility Regulatory Act (PURA)
				  §56.025.
(b) Application. An
				  incumbent local exchange company (ILEC) serving fewer than 31,000 access lines
				  and each cooperative serving fewer than 31,000 access lines, and that on June
				  1, 2013, is not an electing company under PURA Chapter 58 or 59, may seek to
				  recover funds from the Texas Universal Service Fund (TUSF) under this section
				  in the following circumstances:
(1)
				  Commission reduction in the amount of high cost assistance fund. In the event
				  of a commission order, rule, or policy, the effect of which is to reduce the
				  amount of the high cost assistance fund support received by the ILEC as of
				  February 10, 1998, except an order entered in an individual company revenue
				  requirement proceeding, the commission shall allow, through the universal
				  service fund, an ILEC to replace the reasonably projected reduction in revenues
				  caused by that regulatory action.
(2) Change in federal universal service fund
				  revenues. In the event of a Federal Communications Commission order, rule, or
				  policy, the effect of which is to change the federal universal service fund
				  revenues of an ILEC or change costs or revenues assigned to the intrastate
				  jurisdiction, the commission shall, through either the universal service fund
				  or an increase to rates if that increase would not adversely impact universal
				  service, replace the reasonably projected change in revenues caused by the
				  regulatory action.
(3) Commission
				  change in intraLATA dialing access policy. In the event of a commission change
				  in its policy with respect to intraLATA "1+" dialing access, the commission
				  shall, through either the universal service fund or an increase to rates if
				  that increase would not adversely impact universal service, replace the
				  reasonably projected reduction in contribution caused by the action.
				  Contribution for purposes of this paragraph equals average intraLATA long
				  distance message telecommunications service (MTS) revenue, including intraLATA
				  toll pooling and associated impacts, per minute less average MTS cost per
				  minute less the average contribution from switched access times the projected
				  change in intraLATA "1+" minutes of use.
(4) Other governmental agency action. In the
				  event of any other governmental agency issuing an order, rule, or policy, the
				  effect of which is to increase costs or decrease revenues of the intrastate
				  jurisdiction, the commission shall, through either the universal service fund
				  or an increase to rates, if that increase would not adversely impact universal
				  service, replace the reasonably projected increase in costs or decrease in
				  revenues caused by that regulatory action.
(5) Distribution of support. After December
				  31, 2013, the commission may not distribute support granted under this section,
				  including any support granted before that date, to a local exchange company or
				  cooperative that serves greater than 31,000 access lines or that is an electing
				  company under PURA Chapters 58 or 59 on June 1, 2013.