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 M - OPERATOR SERVICES › Section 26.311 - Information Relating to Operator Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The provisions of this
				  subchapter are intended to ensure that competitive operator services are
				  provided in a fair and reasonable manner and to maximize consumer choice by
				  ensuring that consumers have access to their carriers of choice when using
				  telephones intended for use by the public.
(b) Application. 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) Definition. The term "rate information,"
				  when used in this subchapter, shall mean all charges ultimately charged to the
				  end user by the operator service provider (OSP), including any surcharges,
				  fees, and any other form of compensation charged by the OSP on behalf of the
				  call aggregator.
(d) Complaints
				  relating to operator services.
(1) The OSP
				  shall have a toll-free telephone number that callers may use, during normal
				  business hours, to voice complaints and make inquiries. After normal business
				  hours, the OSP shall have an answering machine/mechanism to receive
				  complaints.
(2) Section
				  RSA 26.30
				  of this title (relating to Complaints) shall apply to all complaints under this
				  subchapter.
(3) The commission may
				  formally investigate any complaint against any OSP, interexchange carrier or
				  dominant certificated telecommunications utility alleged to have violated the
				  provisions of this subchapter. The company shall be given an opportunity to
				  informally resolve any complaint involving violation of these rules. If no
				  resolution is achieved informally, the commission may formally investigate the
				  complaint upon its own motion or upon request of the original
				  complainant.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter M - OPERATOR SERVICES › Section 26.313 - General Requirements Relating to Operator Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. 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) Requirements to provide operator service.
(1) An operator service provider (OSP) that
				  provides end user operator services for a call aggregator through a telephone
				  that is intended for public use must do so pursuant to a contract with the call
				  aggregator, as a presubscribed interexchange carrier, or, in the case of a
				  dominant certificated telecommunications utility (DCTU), pursuant to a tariff
				  approved by the commission.
(2)
				  Notwithstanding the provisions of paragraph (1) of this subsection, an OSP that
				  owns or otherwise controls telephones that are intended for public use shall
				  for those telephones comply with all provisions of this subchapter otherwise
				  required to be included in contracts between OSPs and call aggregators, without
				  the necessity of a contract.
(3)
				  Where a different OSP is presubscribed for operator services at pay telephones
				  owned by a DCTU, the DCTU shall for those telephones comply with all provisions
				  of this subchapter otherwise required to be included in contracts between OSPs
				  and call aggregators.
(4) If a DCTU
				  or presubscribed interexchange carrier provides operator services through
				  telephones that are intended for public use, other than those telephones
				  subject to paragraphs (2) and (3) of this subsection, and pays fees or other
				  forms of compensation to a call aggregator, the DCTU or presubscribed
				  interexchange carrier shall do so pursuant to a contract with the call
				  aggregator.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter M - OPERATOR SERVICES › Section 26.317 - Information To Be Provided at the Telephone Set

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) A contract between an operator service
				  provider (OSP) and a call aggregator for the provision of operator services
				  through telephones that are intended for public use shall require the call
				  aggregator to attach to each telephone set that has access to the operator
				  service and that is intended for public use, a card furnished by the OSP that
				  provides:
(1) the name of the OSP;
(2) instructions for accessing the OSP, with
				  a statement that the OSP will quote rate information upon request at no charge
				  to the caller, 24 hours a day, seven days a week, or a statement that
				  instructions for obtaining rate information are available at a designated
				  toll-free telephone number, 24 hours a day, seven days a week;
(3) instructions for accessing the operator
				  of a local exchange company that meets the requirements of §
											RSA
				  26.315<subdiv>(d)</subdiv> of
				  this title (relating to Requirements for Dominant Certificated
				  Telecommunications Utilities (DCTUs)), or a statement that instructions for
				  accessing such local exchange company operator are available at a designated
				  toll-free telephone number, 24 hours a day, seven days a week, except local
				  exchange companies meeting the requirements of §
											RSA
				  26.315<subdiv>(d)</subdiv> of
				  this title are exempt from this paragraph if the local exchange company is the
				  OSP for which instructions are posted pursuant to paragraph (2) of this
				  subsection;
(4) instructions for
				  registering a complaint about the service at a designated toll-free telephone
				  number;
(5) instructions in English
				  and Spanish for accessing emergency service; and
(6) a notice that states, "You may use
				  another long distance carrier. Follow your carrier's instructions, or contact
				  the local exchange company operator for assistance." or, in the case of
				  telephones that directly route "0-" calls to the local exchange company
				  operator, a notice that states, "You may use another long distance carrier.
				  Follow your carrier's instructions, or dial "0" for assistance." (The local
				  exchange company referred to in this paragraph must serve the area and meet the
				  requirements of §
											RSA
				  26.315<subdiv>(d)</subdiv> of
				  this title.) The notice required by this paragraph may use the term "local
				  exchange carrier operator" in place of the term "local exchange company
				  operator."
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter M - OPERATOR SERVICES › Section 26.319 - Access to the Operator of a Local Exchange Company (LEC)

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) A contract between an operator service
				  provider (OSP) and a call aggregator for the provision of operator services
				  through telephones that are intended for public use shall require that the call
				  aggregator allow access to the operator of a local exchange company that meets
				  the requirements enumerated in §
										RSA
				  26.315<subdiv>(d)</subdiv> of
				  this title (relating to Requirements for Dominant Certificated
				  Telecommunications Utilities (DCTUs)) and serves the area from which the call
				  is made, and to other telecommunications utilities unless otherwise provided in
				  paragraph (3) of this subsection.
(1) The
				  access required by this subsection shall be provided subject to the conditions
				  contained in subparagraphs (A) - (C) of this paragraph.
(A) Access to such local exchange company
				  operator shall be accomplished either:
(i) by
				  directly routing all "0-" calls to the local exchange company operator, without
				  charge to the caller; or
(ii) by
				  transfer or redirection of the call by the OSP, without charge to the caller,
				  in accordance with the requirements of subclauses (I) - (III) of this clause:
(I) the OSP shall transfer or redirect the
				  call to such local exchange company operator serving the originating
				  area;
(II) the OSP shall transfer
				  or redirect the call to such local exchange company operator in such a way that
				  the local exchange company operator receives all signaling information (e.g.,
				  ANI and OLS) that would have been received by the local exchange operator if
				  the call had been directly routed to the local exchange company; and
(III) the OSP shall be in compliance with the
				  requirements of §
														RSA
				  26.321 of this title (relating to 9-1-1
				  Calls, "0-" Calls, and End User Choice).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter M - OPERATOR SERVICES › Section 26.321 - 9-1-1 calls, "0-" calls, and End User Choice

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) A contract between an operator service
				  provider (OSP) and a call aggregator for the provision of operator services
				  through telephones that are intended for public use shall require the call
				  aggregator to allow 9-1-1 calls to be outpulsed directly to the public service
				  answering point without requiring a coin or credit card.
(c) Where end user choice, as defined in
				  §
										RSA 26.5
				  of this title (relating to Definitions), is not available, a contract between
				  an OSP and a call aggregator for the provision of operator services through
				  telephones that are intended for public use shall require the call aggregator
				  to allow "0-" calls and to directly, without charge to the calling party, route
				  all "0-" calls to an OSP that provides access to emergency services that meet
				  the technical standards set forth in paragraphs (1) - (6) of this subsection.
				  The OSP shall:
(1) identify the originating
				  telephone number and the location of the originating telephone, except dominant
				  certificated telecommunications utilities (DCTUs) shall be allowed to identify
				  the location using internal sources such as repair service or business office
				  records if such internal sources are accessible to operators for emergency
				  purposes 24 hours a day;
(2) have a
				  complete and current list of all emergency service provider telephone numbers
				  for each NPA-NXX served, including, but not limited to, police or sheriff,
				  fire, and ambulance;
(3) be
				  available 24 hours a day, seven days a week, without requiring a coin or credit
				  card;
(4) promptly connect the
				  appropriate emergency service provider;
(5) stay on the line until such time as the
				  operator determines that the caller has been connected to the proper emergency
				  service provider; and
(6) require
				  that the call aggregator make a test call when equipment providing access to
				  the OSP is installed, serviced, or relocated and at least semi-annually from
				  each originating telephone number subscribed to the OSP, in order to verify the
				  originating telephone number and the location of the telephone, unless the OSP
				  receives automatic number identification (ANI), as defined in §
											RSA 26.5
				  of this title for that telephone number.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter N - PAY TELEPHONE SERVICE › Section 26.341 - General Information Relating to Pay Telephone Service (PTS)

Current through Reg. 49, No. 28; July 12, 2024
(a) Definition. The term "rate information",
				  when used in this subchapter, shall mean all charges ultimately charged by the
				  PTS provider, including any surcharges, fees, and any other form of
				  compensation charged by the PTS provider on behalf of the operator service
				  provider.
(b) Registration. All pay
				  telephone service providers shall register with the commission pursuant to
				  §
										RSA
				  26.102 of this title (relating to
				  Registration Requirements for Pay Telephone Service Providers).
(c) Violation of regulations. The commission
				  may order disconnection of service for up to one year for repeat violations of
				  commission rules. If the commission finds that a registered pay telephone
				  service provider has violated any provision of this section, the commission
				  shall order the provider to take corrective action, as necessary, and the
				  provider may be subject to administrative penalties and other enforcement
				  actions pursuant to the Public Utility Regulatory Act (PURA), Chapter 15.
				  Further, if the commission finds that a registered pay telephone service
				  provider has repeatedly violated any provisions of this section, the commission
				  shall order termination of a pay telephone service provider's registration
				  pursuant to PURA, §17.052.
(d)
				  Enforcement. The commission shall coordinate its enforcement efforts against a
				  pay telephone service provider for fraudulent, unfair, misleading, deceptive,
				  or anticompetitive business practices with the Office of the Attorney General,
				  to ensure consistent treatment of specific alleged violations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter N - PAY TELEPHONE SERVICE › Section 26.342 - Pay Telephone Service Tariff Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. 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) Available upon request. Upon formal
				  request for service by any prospective provider of pay telephone service (PTS),
				  a certificated telecommunications utility (CTU) is required to file a tariff
				  providing for interconnection of customer-owned pay telephones, except as
				  otherwise provided in subsection (c) of this section.
(c) Special assembly tariffs. A CTU with
				  fewer than 50 pay telephone lines may provide pay telephone access service
				  (PTAS) pursuant to existing special assembly tariffs; however, in no event may
				  a CTU provide to more than ten special assembly arrangements. Special assembly
				  rates must be computed in accordance with this section. CTUs that provide PTAS
				  pursuant to special assembly tariffs must enter into a written agreement with
				  the PTS provider that requires the provider to perform all functions and
				  obligations specified in §
										RSA
				  26.344 of this title (relating to Pay
				  Telephone Service Requirements). When a CTU that holds a certificate of
				  convenience and necessity (CCN) makes its initial filing to offer PTAS, the
				  application must include the proposed tariff, cost studies or a commission
				  approved rate for similar services offered by a larger CTU holding a
				  CCN.
(d) Enforcement of tariff
				  requirements. If a PTS provider is in violation of a tariff provision, the CTU
				  must notify the PTS provider of the violation in writing. Such notice must
				  refer to the specific tariff provisions being violated. The notice must state
				  that the PTS provider is subject to disconnection by the CTU of the
				  instrument(s) in violation of the tariff unless the PTS provider corrects the
				  violation and notifies the CTU in writing, within 20 days of receipt of the
				  notice of the violation, that the violation has been corrected. The CTU may
				  disconnect the instrument(s) that are in violation of the tariff on or after
				  the 20th day after receipt of the notice by the PTS provider, if the PTS
				  provider did not notify the CTU in writing within 20 days of receipt of the
				  notice that the violation was corrected. However, if the PTS provider has filed
				  a complaint with the commission regarding the disconnection and has provided
				  the CTU with a copy of the complaint that indicates that the complaint has been
				  filed with the commission within 20 days of receipt of the notice of a
				  violation from the CTU, the CTU may not disconnect the instrument(s) pending
				  resolution of the complaint 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 N - PAY TELEPHONE SERVICE › Section 26.343 - Responsibilities for Pay Telephone Service (PTS) of Certificated Telecommunications Utilities (CTUs) Holding Certificates of Convenience and Necessity (CCNs)

Current through Reg. 49, No. 28; July 12, 2024
(a) A listing in the local telephone
				  directory for each pay telephone must be provided to any provider of pay
				  telephone service (PTS) on request.
(b) Pay telephone access service (PTAS) must
				  be available in all exchanges.
(c)
				  Incoming and outgoing call screening on pay phone calls must be provided where
				  facilities are available.
(d)
				  Regardless of whether call screening is available, the CTU will not bill any
				  call, including, but not limited to, third number billed, collect, "0+" or "0-"
				  calls, to a number which has been clearly identified to the certificated
				  telecommunications utility operator at the time of the call attempt as a pay
				  telephone. The certificated telecommunications utility will not be responsible
				  for refunds or adjustments of charges for calls placed through non-certificated
				  telecommunications utilities carrier operators, except as provided in §
										RSA
				  26.347 of this title (relating to Fraud
				  Protection for Pay Telephone Service).
(e) The CTU need not initiate a maintenance
				  service call or take any other action in response to a trouble report on a
				  customer-owned pay telephone until such time as requested by the pay telephone
				  owner or its agent. The pay telephone owner must keep the CTU advised of the
				  identity of the pay telephone owner or agent authorized to request a
				  maintenance service call.
(f) The
				  CTU must provide to a PTS provider using automated call completion technology
				  to complete operator service calls the same services and information that the
				  CTU provides to interexchange carriers in §
										RSA
				  26.313<subdiv>(d)(1) and
				  (2)</subdiv> of this title (relating to General
				  Requirements Relating to Operator Services), on the same prices, terms, and
				  conditions that any interexchange carrier receives from the CTU.
(g) CTUs must file tariffs to offer direct
				  dialed international call blocking ("011+" and "1010XXX+011+") as facilities
				  become 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 N - PAY TELEPHONE SERVICE › Section 26.344 - Pay Telephone Service Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Requirements before call is completed. If the pay telephone service (PTS)
				  provider uses automated call completion technology to complete operator service
				  calls, the provider of PTS must:
(1) audibly
				  and distinctly identify itself to the caller upon answering;
(2) audibly and distinctly identify itself to
				  the billed party, if the billed party is different from the caller;
(3) provide a mechanism for the caller to
				  obtain rate information, without charge, 24 hours a day, seven days a week;
				  and
(4) permit the caller or billed
				  party to terminate the call at no charge prior to completion of the call by the
				  PTS provider.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter N - PAY TELEPHONE SERVICE › Section 26.345 - Posting Requirements for Pay Telephone Service Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) The pay telephone service (PTS) provider
				  must attach to each instrument a card that provides:
(1) instructions in English and Spanish for
				  accessing emergency service subject to the conditions contained in
				  subparagraphs (A) and (B) of this paragraph:
(A) where E-911 or 911 emergency service is
				  available, the caller must be instructed to dial 911 and the PTS provider must
				  allow E-911 or 911 calls to be outpulsed directly to the Public Service
				  Answering Point at no charge and without requiring a coin or credit card;
				  or
(B) where E-911 or 911 is not
				  available, the caller must be instructed to dial "0" and dialing "0" must, at
				  no charge and without requiring a coin or credit card, directly connect the
				  caller with an operator service provider (OSP) that is in compliance with the
				  technical standards set forth in §
												RSA
				  26.321<subdiv>(b)</subdiv> of
				  this title (relating to 9-1-1 calls, "0-" calls, and End User
				  Choice);
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter N - PAY TELEPHONE SERVICE › Section 26.346 - Rates and Charges for Pay Telephone Service Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Rate structure. Certificated
				  telecommunications utility (CTU) rates for wholesale service must be designed
				  on a flat access line and/or a local message usage rate basis. Multi-element
				  measured rates are prohibited. In areas without measuring capabilities, the CTU
				  may use a flat rate usage surrogate instead of a per call message rate.
				  Measurement capabilities are defined as the capability in place to measure and
				  bill pay telephone usage without incurring unreasonable expense. The charge or
				  surcharge a CTU imposes for an access line used to provide pay telephone
				  service (PTS) in an exchange may not exceed the amount of the charge or
				  surcharge the CTU imposes for an access line used for regular business purposes
				  in that exchange.
(b) Charges.
(1) A PTS provider must:
(A) not impose on pay phone end users any
				  charge for calls made under Chapter 771 or 772 of the Texas Health and Safety
				  Code;
(B) not impose a charge for
				  "950-XXXX" calls, "1010XXX+0", or "1-800" or "1-888"-type calls to
				  nonpresubscribed interexchange carriers (for example "1-800-COLLECT",
				  "1-800-CALLATT", or "1-800-877-8000");
(C) not impose a charge for local calls from
				  pay telephones to the Telecommunications Relay Service (TRS);
(D) for local calls which are collect,
				  operator-assisted or paid by credit card or calling card, not impose a charge
				  which exceeds the highest applicable rate for such calls of any of the four
				  largest interexchange carriers operating in this state; and
(E) for credit card, calling card, or live or
				  automated operator-handled toll calls, not charge a rate or total charge that
				  exceeds the authorized rates and charges listed in subparagraph (F) of this
				  paragraph.
(F) charge no more than
				  these rate caps for intrastate long distance and operator-assisted calls at
				  Texas pay phones:
Attached
					 Graphic
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter O - NUMBERING › Section 26.375 - Reclamation of Codes and Thousands-Blocks and Petitions for Extension of Code and Thousands-Block Activation

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section establishes the
				  procedures under which this commission may order reclamation of a code or
				  thousands-block, and under which a code holder may petition the commission for
				  an extension of the period of time allowed for code or thousands-block
				  activation.
(b) Application. This
				  section applies to the following entities:
(1) "Telecommunications provider" or
				  "telecommunications utility" as defined in the Public Utility Regulatory Act
				  (PURA) §51.002;
(2) Any other
				  entity that has been assigned a code by the North American Numbering Plan
				  Administration (NANPA).
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 26.402 - Transparency and Accountability in the Administration of the Texas Universal Service Fund

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section, in conjunction with the audit, eligibility, public reporting, and
				  affidavits of compliance requirements set forth throughout this subchapter,
				  establishes procedures to ensure reasonable transparency and accountability in
				  the administration of the Texas Universal Service Fund (TUSF).
(b) Application.
(1) This section applies to a
				  telecommunications provider that has been designated as an eligible
				  telecommunications provider (ETP) 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)). Subsections (c) and (d) of this section apply to a
				  telecommunications provider that has been designated, or has applied after June
				  30, 2013 to be designated by the commission as an eligible telecommunications
				  carrier (ETC) pursuant to §
											RSA
				  26.418 of this title (relating to Designation
				  of Common Carrier as Eligible Telecommunications Carriers to Receive Federal
				  Universal Service Funds).
(2) All
				  filings made with the commission pursuant to this section, including a filing
				  subject to a claim of confidentiality, shall be filed with the commission's
				  Filing Clerk in accordance with the commission's Procedural Rules, Chapter 22,
				  Subchapter E of this title (relating to Pleadings and other
				  Documents).
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 26.404 - Small and Rural Incumbent Local Exchange Company (ILEC) Universal Service Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section establishes guidelines for financial assistance to eligible
				  telecommunications providers (ETPs) that provide service in the study areas of
				  small and rural ILECs in the state so that basic local telecommunications
				  service or its equivalent may be provided at reasonable rates in a
				  competitively neutral manner.
(b)
				  Application.
(1) Small or rural ILECs. This
				  section applies to small ILECs, as defined in subsection (c) of this section,
				  and to rural ILECs, as defined in §
											RSA 26.5
				  of this title (relating to Definitions), that have been designated
				  ETPs.
(2) Other ETPs providing
				  service in small or rural ILEC study areas. This section applies to
				  telecommunications providers other than small or rural ILECs that provide
				  service in small or rural ILEC study areas that have been designated
				  ETPs.
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 26.407 - Small and Rural Incumbent Local Exchange Company Universal Service Plan Support Adjustments

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section establishes criteria for a small incumbent local exchange company
				  (small ILEC) to request adjustments to the monthly support the company receives
				  in accordance with §
										RSA
				  26.404 of this title (relating to the Small
				  and Rural Incumbent Local Exchange Company Universal Service Plan).
(b) Application. This section applies to a
				  small ILEC that has been designated as an eligible telecommunications provider
				  (ETP) 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)).
(c)
				  Definitions. The following words and terms, when used in this section have the
				  following meaning unless the context clearly indicates otherwise:
(1) Eligible telecommunications provider
				  (ETP)--A telecommunications provider designated by the commission in accordance
				  with §
											RSA
				  26.417 of this title.
(2) Federal Communications Commission (FCC)
				  Rate of Return--The FCC's most recently prescribed rate of return as of the
				  date of any determination, review, or adjustment under this section, to be no
				  greater than 9.75 percent prior to July 1, 2021. If the FCC no longer
				  prescribes such a rate of return, commission staff will initiate proceedings as
				  necessary for the commission to determine or modify the FCC rate of return to
				  be used for purposes of this section.
(3) Reasonable Rate of Return--An intrastate
				  rate of return within two percentage points above or three percentage points
				  below the FCC rate of return.
(4)
				  Small incumbent local exchange company (small ILEC)--For purposes of this
				  section, a small ILEC is a small provider as defined by PURA
				  §56.032(a)(2).
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 26.408 - Additional Financial Assistance (AFA)

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Incumbent local exchange
				  companies (ILECs) serving high cost and rural areas of the state may require
				  financial assistance, in addition to the funds provided by §
										RSA
				  26.403 of this title (relating to Texas High
				  Cost Universal Service Plan (THCUSP)), by §
										RSA
				  26.404 of this title (relating to Small and
				  Rural Incumbent Local Exchange Company (ILEC) Universal Service Plan), or by
				  §
										RSA
				  26.406 of this title (relating to the
				  Implementation of the Public Utility Regulatory Act §56.025), so that
				  these carriers may provide basic local exchange service at reasonable rates.
				  This section establishes guidelines for requesting Additional Financial
				  Assistance (AFA) from the Texas Universal Service Fund (TUSF).
(b) Application. Any ILEC that has been
				  designated by the commission as an eligible telecommunications provider (ETP)
				  and is not an electing company under the Public Utility Regulatory Act (PURA)
				  Chapter 58, 59 or 65, may request AFA in a PURA §§53.105, 53.151, or
				  53.306 proceeding.
(c)
				  Establishment of AFA need. The commission may approve an ILEC's AFA request if
				  the commission finds:
(1) that the ILEC has
				  fulfilled the appropriate requirements under PURA §§53.105, 53.151,
				  or 53.306; and
(2) that raising the
				  ILEC's rates for basic local telecommunications service, as defined in §
											RSA
				  26.403 of this title, would adversely affect
				  universal service in such ILEC's certificated service area.
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 26.409 - Review of Texas Universal Service Fund Support Received by Competitive Eligible Telecommunications Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section implements PURA §56.023(p) and (r) and establishes the criteria
				  and process for determining whether Texas Universal Service Fund (TUSF) support
				  under §
										26.403 of this title (relating to
				  Texas High Cost Universal Service Plan (THCUSP)) to a competitive Eligible
				  Telecommunications Provider (ETP) should be eliminated.
(b) Application. This section applies to
				  exchanges in which an incumbent local exchange company or cooperative is
				  ineligible for support under PURA §56.021(1) and a competitive ETP
				  receives TUSF support under §
										26.403 of this title. This section
				  expires on December 31, 2023.
(c)
				  Commission review.
(1) The commission must
				  review the per-line TUSF support amount for each exchange identified by
				  subsection (d)(1)(B) of this section to determine whether support should be
				  eliminated. The first review of an exchange must be completed not later than
				  the end of the year following the year in which the exchange was reported under
				  subsection (d)(1)(B) of this section.
(2) The commission must base its decision on
				  the following criteria:
(A) The total number
				  of access lines in the exchange served by competitive ETPs receiving TUSF
				  support;
(B) The number of
				  competitors providing comparable service in the exchange; and
(C) Whether continuing the TUSF support is in
				  the public interest.
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 26.410 - Universal Service Fund Reimbursement for Certain IntraLATA Service

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)
				  §56.028.
(b) Applicability.
				  Under this section, an incumbent local exchange company (ILEC) that is not an
				  electing company under PURA Chapters 58 and 59 may request reimbursement
				  through the Texas Universal Service Fund (TUSF) when providing intraLATA
				  interexchange high capacity (1.544 Mbps) service at reduced rates for entities
				  described in PURA §58.253(a).
(c) Reimbursement. Reimbursement shall be
				  retroactive to the date on which a non-electing ILEC's tariff containing the
				  reduced rate was approved by the commission, or September 1, 1999, whichever is
				  later. The amount of reimbursement shall be the difference between the ILEC's
				  tariffed rate for that service, less any applicable discounts, and the lowest
				  rate for that service offered by any local exchange company electing incentive
				  regulation under PURA Chapter 58, multiplied by the number of eligible lines.
				  The non-electing ILEC's rate for purposes of reimbursement shall be the rate
				  effective on January 1, 1998. A non-electing ILEC without a tariffed rate on
				  January 1, 1998, shall use the rate most recently approved by the
				  commission.
(d) Reporting
				  requirements.
(1) An ILEC awarded support
				  under this section shall provide the TUSF administrator:
(A) the number of lines eligible for support;
				  and
(B) the ILEC's tariffed rate,
				  as of January 1, 1998, for the service; and
(C) the lowest rate offered for the service
				  by any local exchange company electing incentive regulation under PURA Chapter
				  58.
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 26.412 - Lifeline Service Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope
				  and purpose. Through this section, the commission seeks to identify and make
				  available Lifeline Service to all qualifying customers and households,
				  establish a procedure for Lifeline Automatic Enrollment and Lifeline
				  Self-Enrollment, and define the responsibilities of all providers of local
				  exchange telephone service that provide Lifeline Service, qualified customers,
				  the Texas Health and Human Services Commission (HHSC), and the Low-Income
				  Discount Administrator (LIDA) Program.
(b) Applicability. This section applies to
				  the following providers of local exchange telephone service collectively
				  referred to in this section as Lifeline providers:
(1) ETC--A carrier designated as such by a
				  state commission pursuant to 47 C.F.R. §54.201 and §
											RSA
				  26.418 of this title (relating to Designation
				  of Common Carriers as Eligible Telecommunications Carriers to Receive Federal
				  Universal Service Funds) or a carrier designated as an ETC by the FCC pursuant
				  to
				  47
				  C.F.R. §54.201.
(2) ETP--A provider designated as an ETP as
				  defined by §
											RSA
				  26.417 of this title (relating to Designation
				  as Eligible Telecommunications Providers to Receive Texas Universal Service
				  Funds (TUSF)).
(3) Resale ETP
				  (R-ETP)--A certificated provider that provides local exchange telephone service
				  solely through the resale of an incumbent local exchange carrier's service and
				  that has been designated as a R-ETP as defined by §
											RSA
				  26.419 of this title (relating to
				  Telecommunication Resale Providers Designation as Eligible Telecommunications
				  Providers to Receive Texas Universal Service Funds (TUSF) for Lifeline
				  Service).
(4) Non-ETP/ETC
				  Certificated Provider--Any certificated provider of local exchange telephone
				  service that chooses not to become an ETP or an ETC as defined by §§
											RSA
				  26.417,
				  RSA
				  26.418, or
				  RSA
				  26.419 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 P - TEXAS UNIVERSAL SERVICE FUND › Section 26.413 - Link Up for Tribal Lands

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope and
				  purpose. Through this section, the commission seeks to extend Link Up Service
				  to all eligible residents of Tribal lands seeking telecommunications service
				  from a telecommunications carrier that is receiving federal high-cost support
				  on Tribal lands and define the responsibilities of participating
				  telecommunications carriers and qualified customers.
(b) Applicability. This section applies to
				  designated eligible telecommunications carriers (ETCs) as defined by §
										RSA
				  26.418 of this title (relating to Designation
				  of Common Carriers as Eligible Telecommunications Carriers to Receive Federal
				  Universal Service Funds) and designated eligible telecommunications providers
				  (ETPs) as defined by §
										RSA
				  26.417 of this title (relating to Designation
				  as Eligible Telecommunications Providers to Receive Texas Universal Service
				  Funds (TUSF)) that are receiving federal high-cost support on Tribal lands as
				  defined in
				  47 C.F.R.
				  §54.400, collectively referred to in
				  this section as participating telecommunications carriers.
(c) Definitions.
(1) Income--As defined in §
											RSA
				  26.412<subdiv>(c)(6)</subdiv> of
				  this title (relating to Lifeline Service Program).
(2) Eligible resident of Tribal lands--A
				  "qualifying low-income customer," as defined by §
											RSA
				  26.412<subdiv>(c)(1)</subdiv> of
				  this title, living on Tribal lands, as defined in
				  47 C.F.R.
				  §54.400.
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 26.414 - Telecommunications Relay Service (TRS)

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  provisions of this section are intended to establish a statewide
				  telecommunications relay service for individuals who are hearing-impaired or
				  speech-impaired using specialized telecommunications devices and operator
				  translations. Telecommunications relay service must be provided on a statewide
				  basis by one telecommunications carrier, except that the commission may
				  contract with another vendor for a special feature in certain circumstances.
				  Certain aspects of telecommunications relay service operations are applicable
				  to local exchange companies and other telecommunications providers.
(b) Provision of TRS. TRS must provide
				  individuals who are hearing-impaired or speech-impaired with access to the
				  telecommunications network in Texas equal to that provided to other customers.
(1) Components of TRS. TRS must meet the
				  mandatory minimum standards defined in §
											26.5 of this title (relating to
				  Definitions) and must include the following:
(A) switching and transmission of the
				  call;
(B) oral and print
				  translations by either live or automated means between individuals who are
				  hearing-impaired or speech-impaired who use specialized telecommunications
				  devices and others who do not have such devices;
(C) sufficient operators and facilities to
				  meet the grade and quality of service standards established by the commission
				  for TRS, including the operator answering performance standards listed in
				  §
												RSA
				  26.54<subdiv>(c)(2)(A) and
				  (D)</subdiv> of this title (relating to Service
				  Objectives and Performance Benchmarks).
(D) appropriate procedures for handling
				  emergency calls;
(E)
				  confidentiality regarding existence and content of conversations;
(F) the capability of providing sufficient
				  information to allow calls to be accurately billed;
(G) the capability of providing for
				  technologies such as hearing carryover or voice carryover;
(H) operator training to relay the contents
				  of the call as accurately as possible without intervening in the
				  communications;
(I) operator
				  training in American Sign Language and familiarity with the special
				  communications needs of individuals who are hearing-impaired or
				  speech-impaired;
(J) the capability
				  for callers to place calls through TRS from locations other than their primary
				  location and to utilize alternate billing arrangements;
(K) the capability of providing both inbound
				  and outbound intrastate and interstate service;
(L) the capability for carrier of choice;
				  and
(M) other service enhancements
				  approved 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 P - TEXAS UNIVERSAL SERVICE FUND › Section 26.415 - Specialized Telecommunications Assistance Program (STAP)

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The provisions of this section
				  are intended to establish procedures for a specialized telecommunications
				  assistance program and for reimbursement to vendors and service providers who
				  submit vouchers issued under the program.
(b) Program responsibilities.
(1) Commission responsibilities. The
				  commission is responsible for:
(A) Adopting
				  rules and procedures regarding the reimbursement to vendors for properly
				  redeemed STAP vouchers;
(B)
				  Administering the TUSF to ensure adequate funding of the specialized
				  telecommunications assistance program;
(C) Appointing and providing administrative
				  support for the Relay Texas Advisory Committee (RTAC), in accordance with the
				  Public Utility Regulatory Act (PURA), §56.110 and §56.112 if funding
				  is available; and
(D) Resolving
				  disputes regarding the amount or propriety of the payment for a device or
				  service or whether the device or service is appropriate or adequate to meet the
				  need of the person to whom the voucher was issued.
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 26.417 - Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF)

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section provides the requirements for the commission to designate
				  telecommunications providers as eligible telecommunications providers (ETPs) to
				  receive funds from the Texas Universal Service Fund (TUSF) under §
										26.403 of this title (relating to
				  the Texas High Cost Universal Service Plan (THCUSP)) and §
										26.404 of this title (relating to
				  the Small and Rural Incumbent Local Exchange Company (ILEC) Universal Service
				  Plan). Only telecommunications providers designated by the commission as ETPs
				  qualify to receive universal service support under these programs.
(b) Requirements for establishing ETP service
				  areas.
(1) THCUSP service area. A THCUSP
				  service area is 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 that are wholly or partially contained
				  within its certificated service area. An ETP must serve an entire WC, or other
				  geographic area as determined appropriate by the commission, unless its
				  certificated service area does not encompass the entire WC, or other geographic
				  area as determined appropriate by the commission.
(2) Small and Rural ILEC Universal Service
				  Plan service area. A Small and Rural ILEC Universal Service Plan 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.