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 26.469 - Municipal Authorized Review of a Certificated Telecommunication Provider's Business Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section establishes uniform guidelines for a municipal authorized review of a
				  certificated telecommunications provider's (CTP) access line reports, pursuant
				  to Texas Local Government Code §
										RSA
				  283.056<subdiv>(c)(3)</subdiv>.
(b) Application. This section applies to all
				  municipalities and CTPs in the State of Texas except to the extent exempt under
				  §
										RSA
				  26.468<subdiv>(c)</subdiv> of
				  this title (relating to Procedures for Standardized Access Line Reports and
				  Enforcement Relating to Quarterly Reporting).
(c) Municipal Authorized Review Procedural
				  Guidelines
(1) Municipalities are encouraged
				  to informally ask questions about access line counts or municipal fee payments
				  with the appropriate CTP in a timely manner. CTPs are encouraged to provide
				  reasonable answers to access line count and municipal fee payment questions of
				  the municipalities in a timely manner.
(2) Not later than 90 days after the filing
				  of a CTP's quarterly report of access lines, as required by §
											RSA
				  26.468 of this title, a municipality shall
				  notify a CTP of its intent to conduct an authorized review of the CTP's
				  business records to ensure compliance with access line reporting requirements.
				  This notification shall be in writing and sent via certified mail to the CTP
				  contact person named on the commission's Municipal Access Line Reporting System
				  (MARS) website and shall include a summary of the municipality's concern(s)
				  and/or reason(s) for the review. Such notice may be modified and amended in a
				  subsequent written notice using the same process.
(3) Not later than 21 days from the CTP's
				  receipt of notice under paragraph (2) of this subsection, the CTP shall provide
				  to the requesting municipality a written list of the types of business records
				  that are necessary to conduct an authorized review as requested in the notice,
				  with brief descriptions for identification purposes.
(4) The municipality shall determine which
				  business records from the list provided by the CTP will be subject to review
				  and provide written notice to the CTP. The CTP shall provide the requested
				  business records within 30 days from the municipality's written request. The
				  CTP shall provide the business records to the municipality in the following
				  manner:
(A) The CTP shall provide access to
				  the requested business records on its premises.
(B) The on-premises review shall be conducted
				  at the principal Texas office of the CTP, unless otherwise agreed by the CTP
				  and the municipality.
(C) Business
				  records shall remain the property of the CTP and may not be removed or
				  reproduced without the express written permission of the CTP.
(D) Business records may be produced in a
				  compatible electronic format or paper copy at the discretion of the
				  CTP.
(5) A CTP may
				  redact customer-specific proprietary information as necessary for compliance
				  with federal or state law. Information deemed confidential or proprietary by
				  the CTP must be so noted, and each participating party and its
				  representative(s) shall protect such confidential or proprietary information as
				  provided in Texas Local Government Code §
											RSA
				  283.005. CTPs may require all persons
				  participating in the authorized review to execute a non-disclosure agreement
				  prior to providing access to documents or other information.