Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter E - CERTIFICATION, LICENSING AND REGISTRATION › Section 26.111 - Certificate of Operating Authority (COA) and Service Provider Certificate of Operating Authority (SPCOA) Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope and
				  purpose. This section applies to the certification of a person or entity to
				  provide local exchange telephone service, basic local telecommunications
				  service, and switched access service as holders of certificates of operating
				  authority (COAs) and service provider certificates of operating authority
				  (SPCOA) established in the Public Utility Regulatory Act (PURA), Chapter 54,
				  Subchapters C and D.
(b)
				  Definitions.
(1) Affiliate--An affiliate of,
				  or a person affiliated with, a specified person, is a person that directly or
				  indirectly through one or more intermediaries, controls, is controlled by, or
				  is under common control with the person specified.
(2) Annual Report--A report that includes, at
				  a minimum, the certificate holder's primary business telephone number,
				  toll-free customer service number, email address, authorized company contact,
				  regulatory contact, complaint contact, primary and secondary emergency contacts
				  and operation and policy migration contacts which is submitted to the
				  commission every calendar year. Each provided contact must include the
				  contact's company title.
(3)
				  Application - An application for a new COA or SPCOA certificate or an amendment
				  to an existing COA or SPCOA certificate.
(4) Control--The term control, including the
				  terms controlling, controlled by and under common control with, means the
				  power, either directly or indirectly through one or more affiliates, to direct
				  or cause the direction of the management or policies of a person, whether
				  through ownership of voting securities, by contract, or otherwise.
(5) Executive officer--When used in reference
				  to a person, means its president or chief executive officer, a vice-president
				  serving as its chief financial officer, or a vice-president serving as its
				  chief accounting officer, or any other officer of the person who performs any
				  of the foregoing functions for the person.
(6) Facilities-based
				  certification--Certification that authorizes the certificate holder to provide
				  service using its own equipment, unbundled network elements, or E9-1-1 database
				  management associated with selective routing services.
(7) Permanent employee--An individual that is
				  fully integrated into the certificate holder's business. A consultant is not a
				  permanent employee.
(8) Person--An
				  individual and any business entity, including a limited liability company, a
				  partnership of two or more persons having a joint or common interest, a mutual
				  or cooperative association, but does not include a municipal
				  corporation.
(9) Principal--A
				  person or member of a group of persons that controls the person in
				  question.
(10) Shareholder--As
				  context indicates and the applicable business entity requires, the legal or
				  beneficial owner of any of the equity in a business entity, including,
				  stockholders of corporations, members of limited liability companies and
				  partners of partnerships.