reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter S - WHOLESALE MARKETS › Section 25.502 - Pricing Safeguards in Markets Operated by the Electric Reliability Council of Texas

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to protect the public from harm when wholesale
				  electricity prices in markets operated by the Electric Reliability Council of
				  Texas (ERCOT) in the ERCOT power region are not determined by the normal forces
				  of competition.
(b) Applicability.
				  This section applies to any entity, either acting alone or in cooperation with
				  others, that buys or sells at wholesale energy, capacity, or any other
				  wholesale electric service in a market operated by ERCOT in the ERCOT power
				  region; any agent that represents such an entity in such activities; and ERCOT.
				  This section does not limit the commission's authority to ensure reasonable
				  ancillary energy and capacity service prices and to address market power
				  abuse.
(c) Definitions. The
				  following terms, when used in this section, have the following meanings, unless
				  the context indicates otherwise.
(1)
				  Competitive constraint--A transmission element on which prices to relieve
				  congestion are moderated by the normal forces of competition between multiple,
				  unaffiliated resources.
(2)
				  Generation entity--An entity that owns or controls a generation
				  resource.
(3) Market location--The
				  location for purposes of financial settlement of a service
				  (
e.g.,
congestion management zone in a zonal market design or
				  a node in a nodal market design).
(4) Must-run alternative (MRA) service--A
				  service that ERCOT may procure as an alternative to reliability must-run
				  service.
(5) Noncompetitive
				  constraint--A transmission element on which prices to relieve congestion are
				  not moderated by the normal forces of competition between multiple,
				  unaffiliated resources.
(6)
				  Reliability must-run (RMR) service--A service provided by a generation resource
				  to meet a reliability need resulting from the planned suspension of operation
				  of that generation resource for a period of greater than 180 calendar
				  days.
(7) Resource--A generation
				  resource, or a load capable of complying with ERCOT instructions to reduce or
				  increase the need for electrical energy or to provide an ancillary service
				  (
i.e.,
a "load acting as a resource").
(8) Resource entity--An entity that owns or
				  controls a resource.
(9) Suspension
				  date--The date specified by a generation entity in a notice to ERCOT as the
				  date on which it intends to suspend operation of a generation resource for a
				  period of greater than 180 calendar days.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter S - WHOLESALE MARKETS › Section 25.503 - Oversight of Wholesale Market Participants

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to establish the standards that the commission will apply in monitoring the
				  activities of entities participating in the wholesale electricity markets,
				  including markets administered by the Electric Reliability Council of Texas
				  (ERCOT), and enforcing the Public Utility Regulatory Act (PURA) and ERCOT
				  procedures relating to wholesale markets. The standards contained in this rule
				  are necessary to:
(1) protect customers from
				  unfair, misleading, and deceptive practices in the wholesale markets, including
				  ERCOT-administered markets;
(2)
				  ensure that ancillary services necessary to facilitate the reliable
				  transmission of electric energy are available at reasonable prices;
(3) afford customers safe, reliable, and
				  reasonably priced electricity;
(4)
				  ensure that all wholesale market participants observe all scheduling,
				  operating, reliability, and settlement policies, rules, guidelines, and
				  procedures established in the ERCOT procedures;
(5) clarify prohibited activities in the
				  wholesale markets, including ERCOT-administered markets;
(6) monitor and mitigate market power as
				  authorized by the Public Utility Regulatory Act (PURA) §39.157(a) and
				  prevent market power abuses;
(7)
				  clarify the standards and criteria the commission will use when reviewing
				  wholesale market activities;
(8)
				  clarify the remedies for non-compliance with the Protocols relating to
				  wholesale markets; and
(9)
				  prescribe ERCOT's role in enforcing ERCOT procedures relating to the
				  reliability of the regional electric network and accounting for the production
				  and delivery among generators and all other market participants and monitoring
				  and obtaining compliance with operating standards within the ERCOT regional
				  network.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter S - WHOLESALE MARKETS › Section 25.504 - Wholesale Market Power in the Electric Reliability Council of Texas Power Region

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
				  This section applies to all generation entities in the Electric Reliability
				  Council of Texas (ERCOT). This section defines the term "market power," as that
				  term is used in §
										RSA
				  25.503 of this title (relating to Oversight
				  of Wholesale Market Participants).
(b) Definitions. The following terms, when
				  used in this section, shall have the following meanings, unless the context or
				  specific language of a section indicates otherwise:
(1) Generation entity--An entity that
				  controls a generation resource. An entity affiliated with a generation entity
				  shall be considered part of that generation entity.
(2) Market power--The ability to control
				  prices or exclude competition in a relevant market.
(3) Market power abuse--Practices by persons
				  possessing market power that are unreasonably discriminatory or tend to
				  unreasonably restrict, impair, or reduce the level of competition, including
				  practices that tie unregulated products or services to regulated products or
				  services or unreasonably discriminate in the provision of regulated services.
				  Market power abuses include predatory pricing, withholding of production,
				  precluding entry, and collusion.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter S - WHOLESALE MARKETS › Section 25.505 - Resource Adequacy Reporting Requirements in the Electric Reliability Council of Texas Power Region

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  The following terms, when used in this section, have the following meanings,
				  unless the context indicates otherwise:
(1)
				  Generation entity--an entity that owns or controls a generation
				  resource.
(2) Generation
				  resource--a generator capable of providing energy or ancillary services to the
				  ERCOT grid and that is registered with ERCOT as a generation
				  resource.
(3) Load entity--an
				  entity that owns or controls a load resource.
(4) Load resource--a load capable of
				  providing ancillary service to the ERCOT system or energy in the form of demand
				  response and is registered with ERCOT as a load resource.
(5) Resource entity--an entity that is a
				  generation entity or a load entity.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter S - WHOLESALE MARKETS › Section 25.506 - Publication of Resource and Load Information in the Electric Reliability Council of Texas Power Region

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  Requirements. To increase the transparency of the ERCOT-administered markets,
				  ERCOT must post the information required in this section at a publicly
				  accessible location on its website. In no event will ERCOT disclose
				  competitively sensitive consumption data. The information released must be made
				  available to all market participants.
(1)
				  ERCOT will post the following information in aggregated form, for each
				  settlement interval and for each area where available, two calendar days after
				  the day for which the information is accumulated:
(A) quantities and prices of offers for
				  energy and each type of ancillary capacity service, in the form of supply
				  curves;
(B) self-arranged energy
				  and ancillary capacity services, for each type of service;
(C) actual resource output;
(D) load and resource output for all entities
				  that dynamically schedule their resources;
(E) actual load; and
(F) energy bid curves, cleared energy bids,
				  and cleared load.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter S - WHOLESALE MARKETS › Section 25.507 - Electric Reliability Council of Texas (ERCOT) Emergency Response Service (ERS)

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to promote reliability through provisions that
				  provide ERCOT flexibility in the implementation and administration of
				  ERS.
(b) ERS procurement. ERCOT
				  must procure ERS, a special emergency response service to be deployed by ERCOT
				  to help prevent or alleviate an actual or anticipated Energy Emergency Alert
				  (EEA) event.
(1) ERCOT will determine the ERS
				  standard contract terms under which ERS resources are obligated to provide ERS,
				  including renewal of ERS contract periods ERCOT deems necessary due to the
				  depletion of available ERS.
(2)
				  ERCOT may spend a maximum of $75 million in a 12-month period on ERS, unless
				  otherwise determined by the commission. During that 12-month period, ERCOT may
				  exceed the $75 million maximum by up to an additional $25 million for ERS
				  contract renewals under subsection (d)(9) of this section during a period where
				  ERS has been exhausted. ERCOT may determine cost limits for each ERS standard
				  contract term in order to ensure that the ERS expenditure cap is not exceeded.
				  To minimize the cost of ERS, ERCOT may reject any offer that ERCOT determines
				  to be unreasonable or outside of the parameters of an acceptable offer. ERCOT
				  may also reject any offer placed on behalf of any ERS resource if ERCOT
				  determines that it lacks a sufficient basis to verify whether the ERS resource
				  complied with ERCOT-established performance standards in an ERS deployment
				  event during the preceding ERS standard contract term.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter S - WHOLESALE MARKETS › Section 25.509 - Scarcity Pricing Mechanism for the Electric Reliability Council of Texas Power Region

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The
				  following terms, when used in this section, have the following meanings, unless
				  the context indicates otherwise:
(1) Emergency
				  operations--ERCOT entering into any level of Energy Emergency Alert.
(2) Generation entity--an entity that owns or
				  controls a generation resource.
(3)
				  Generation resource--a generator capable of providing energy or ancillary
				  services to the ERCOT grid and that is registered with ERCOT as a generation
				  resource.
(4) Load entity--an
				  entity that owns or controls a load resource.
(5) Load resource--a load capable of
				  providing ancillary service to the ERCOT system or energy in the form of demand
				  response and is registered with ERCOT as a load resource.
(6) Resource entity--an entity that is a
				  generation entity or a load entity.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter S - WHOLESALE MARKETS › Section 25.510 - Texas Energy Fund In-ERCOT Generation Loan Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to implement Public Utility Regulatory Act (PURA) §§34.0104, 34.0106,
				  and 34.0108, which establish requirements and terms for loans to finance
				  dispatchable electric generating facilities within the ERCOT region.
(b) Definitions. The following words and
				  terms, when used in this section, have the following meanings unless the
				  context indicates otherwise.
(1) Borrower--An
				  applicant to the Texas Energy Fund who is successfully awarded a loan under
				  this section and executes a loan agreement with the commission.
(2) Commercial operations date--The resource
				  commissioning date, as defined in the ERCOT protocols, for the last generation
				  resource that is part of an electric generating facility financed by a loan
				  under this section.
(3) Generation
				  resource--Has the same meaning as defined in the ERCOT protocols.
(4) 12-Month performance availability factor
				  (PAF) --A metric calculated with ERCOT availability and real time (RT)
				  telemetered data for each generation resource in an electric generating
				  facility financed by a loan under this section. The PAF is computed as the
				  average ratio of each generation resource's RT high sustainable limit (HSL) and
				  its obligated capacity over a 12-month measurement period, expressed as a
				  percentage. Intervals that occurred during an approved planned outage of a
				  generation resource are excluded. The PAF is calculated as follows:
Attached
					 Graphic
(5)
				  12-Month planned outage factor (POF)--A metric calculated with ERCOT data for
				  each generation resource in an electric generating facility financed by a loan
				  under this section. The POF is computed as the percentage of time each
				  generation resource spent in planned outages over a 12-month measurement
				  period. The POF is calculated as follows:
Attached
					 Graphic
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 25 - SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS › Subchapter S - WHOLESALE MARKETS › Section 25.515 - Texas Backup Power Package Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) Advisory committee -- the advisory
				  committee convened under the authority described in the Public Utility
				  Regulatory Act (PURA) §34.0203.
(2) Texas backup power package -- a
				  stand-alone, behind-the-meter, multiday backup power source that can be used
				  for islanding.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 26.1 - Purpose and Scope of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Mission of the
				  Public Utility Commission of Texas (PUC). The mission of the PUC is to assure
				  the availability of safe, reliable, high quality services that meet the needs
				  of all Texans as just and reasonable rates. To accomplish this mission, the PUC
				  shall regulate electric and telecommunications utilities as required while
				  facilitating competition, operation of the free market, and customer
				  choice.
(b) This chapter is
				  intended to establish a comprehensive system to accomplish the mission of the
				  PUC and to establish the rights and responsibilities of both the utility
				  service providers and the consumer. This chapter shall be given a fair and
				  impartial construction to obtain these objectives and shall be applied
				  uniformly regardless of race, nationality, color, religion, sex, or marital
				  status.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 26.3 - Severability Clause

Current through Reg. 49, No. 28; July 12, 2024
The adoption of this chapter will in no way preclude the
					 Public Utility Commission of Texas from altering or amending any sections of
					 this chapter in whole or in part, or from requiring any other or additional
					 service, equipment, facility, or standard, either upon complaint or upon its
					 own motion or upon application of any utility. Furthermore, this chapter will
					 not relieve in any way a utility or customer from any of its duties under the
					 laws of this state or the United States. If any provision of this chapter is
					 held invalid, such invalidity shall not affect other provisions or applications
					 of this chapter which can be given effect without the invalid provision or
					 application, and to this end, the provisions of this chapter are declared to be
					 severable. This chapter shall not be construed so as to enlarge, diminish,
					 modify, or alter the jurisdiction, powers, or authority of the commission or
					 the substantive rights of any person. The commission may make exceptions to
					 this chapter for good cause.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 26.4 - Statement of Nondiscrimination

Current through Reg. 49, No. 28; July 12, 2024
(a) No
				  telecommunications provider shall discriminate on the basis of race,
				  nationality, color, religion, sex, marital status, income level, or source of
				  income.
(b) No telecommunications
				  provider shall unreasonably discriminate on the basis of geographic
				  location.
(c) Nothing in this
				  section shall be construed to abridge the rights of low-income customers to
				  receive benefits through pending or operating programs in effect as of May 25,
				  1999.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 26.5 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter
					 have the following meanings, unless the context indicates otherwise:
(1) Access customer--Any user of access
				  services which are obtained from a certificated telecommunications utility
				  (CTU).
(2) Access services--CTU
				  services which provide connections for or are related to the origination or
				  termination of intrastate telecommunications services that are generally, but
				  not limited to, interexchange services.
(3) Administrative review--A process under
				  which an application may be approved without a formal hearing.
(4) Affected person--
(A) a public utility affected by an action of
				  a regulatory authority;
(B) a
				  person whose utility service or rates are affected by a proceeding before a
				  regulatory authority; or
(C) a
				  person who:
(i) is a competitor of a public
				  utility with respect to a service performed by the utility; or
(ii) wants to enter into competition with a
				  public utility.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 26.6 - Cost of Copies of Public Information

Current through Reg. 49, No. 28; July 12, 2024
The rules set forth in 1 TAC §§ 111.61-111.70
					 (relating to Costs of Copies of Public Information) will apply to copies of
					 public records made at 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 A - GENERAL PROVISIONS › Section 26.7 - Local Exchange Company Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Amount of assessment. Each local exchange company subject to the jurisdiction
				  of the commission shall pay an annual per-access-line assessment. The
				  commission shall establish the assessment rate annually according to projected
				  Public Utility Commission and Office of Public Utility Counsel expenditures for
				  the current fiscal year related to implementation of the provisions of the
				  Public Utility Regulatory Act (PURA) §52.060 and §53.308, divided by
				  total industry access lines. The assessment shall be based upon access lines in
				  existence during the preceding calendar year.
(b) Notice of assessment. Each year the
				  commission shall calculate the assessment due from each local exchange company
				  and so advise each company. The commission shall also advise companies of the
				  address to which payments should be made and any identification or markings
				  necessary for the payment to be properly credited.
(c) Payment of assessment. All assessments
				  required by this section shall be due and payable to the State of Texas on or
				  before December 10th of each year.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 26.9 - Classification System for Violations of Statutes, Rules, and Orders Applicable to Telecommunications Service Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this rule is to
				  establish a classification system for violations of certain provisions of the
				  Business and Commerce Code, the Public Utility Regulatory Act (PURA), and
				  related commission rules and orders, and to establish a range of penalties that
				  may be assessed for each class of violations.
(b) Classification system.
(1) Class C violations.
(A) Penalties for Class C violations may not
				  exceed $1,000 per violation per day.
(B) The following violations are Class C
				  violations:
(i) Failure to file a report or
				  provide information required to be submitted to the commission under this
				  chapter within the timeline required;
(ii) Failure by a certificated
				  telecommunications utility to investigate a complaint by a customer and
				  appropriately report the results within the timeline required;
(iii) Failure to update information relating
				  to a registration or certificate by the commission within the timeline
				  required;
(iv) Failure to comply
				  with the requirements for the use and permitting of an automatic dial
				  announcing device (ADAD); and
(v) A
				  violation of the Texas no-call list.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - CUSTOMER SERVICE AND PROTECTION › Section 26.21 - General Provisions of Customer Service and Protection Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of the rules in this
				  subchapter is to ensure certain customer protections in the provision of local
				  telecommunications service by certificated telecommunications utilities (CTUs)
				  and to establish minimum customer service standards that a CTU shall meet in
				  providing telecommunications service to the public. Nothing in these rules
				  should be interpreted as preventing a CTU from adopting stronger customer
				  protection policies for all customers or for differing groups of customers, as
				  long as those policies do not violate the prohibitions against discrimination
				  in subsection (b) of this section.
(b) Prohibition against discrimination.
(1) This subchapter prohibits CTUs from
				  discrimination based on race, nationality, color, religion, sex, marital
				  status, income level, source of income, and from unreasonable discrimination on
				  the basis of geographic location.
(2) CTUs shall establish an
				  anti-discrimination policy and shall maintain all appropriate information
				  needed to demonstrate compliance.
(3) Upon request by a customer or the
				  commission, a CTU shall provide its anti-discrimination policy and all
				  information necessary to demonstrate compliance with anti-discrimination
				  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 B - CUSTOMER SERVICE AND PROTECTION › Section 26.22 - Request for Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Dominant
				  certificated telecommunications utility (DCTU).
(1) Every DCTU shall provide local
				  telecommunications service to each qualified applicant for service and to each
				  of its customers within its certificated area in accordance with §
											RSA
				  26.54<subdiv>(c)(1)</subdiv> of
				  this title (relating to Service Objectives and Performance Benchmarks). A
				  deregulated company that holds a certificate of operating authority is not
				  obligated to be a provider of last resort. A transitioning company is not
				  obligated to be a provider of last resort in a deregulated market.
(2) If construction, such as line extensions
				  or facilities, is required for installation of local telecommunications
				  service:
(A) the DCTU shall complete the
				  construction within 90 days or within a time period agreed to by the customer
				  and the DCTU after the applicant has established satisfactory credit in
				  accordance with §
												RSA
				  26.24 of this title (relating to Credit
				  Requirements and Deposits), made satisfactory payment arrangements for
				  construction charges, and complied with state and municipal
				  regulations;
(B) the DCTU shall
				  contact the applicant for service within ten work days of receipt of the
				  application and give the applicant an estimated completion date and an
				  estimated cost for all charges to be incurred by the applicant; and
(C) following the assessment of any necessary
				  construction, the DCTU shall explain to the applicant any construction cost
				  options such as rebates, sharing of construction costs between the DCTU and the
				  applicant, or sharing of costs between the applicant and other
				  applicants.
(3) A DCTU
				  may require an applicant for service to establish satisfactory credit or to pay
				  a deposit in accordance with §
											RSA
				  26.24 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 B - CUSTOMER SERVICE AND PROTECTION › Section 26.23 - Refusal of Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Dominant
				  certificated telecommunications utility (DCTU).
(1) A DCTU is relieved of its provider of
				  last resort (POLR) obligations in a market if the market has been deregulated
				  pursuant to Public Utility Regulatory Act Chapter 65. A DCTU with POLR
				  obligations may refuse to provide an applicant with basic local
				  telecommunications service only for one or more of the following reasons:
(A) Applicant's facilities inadequate. The
				  applicant's installation or equipment is known to be hazardous or of such
				  character that satisfactory service cannot be given.
(B) Use of prohibited equipment or
				  attachments. The applicant fails to comply with the DCTU's tariffs pertaining
				  to operation of nonstandard equipment or unauthorized attachments that
				  interfere with the service of others.
(C) Failure to pay guarantee. The applicant
				  has acted as a guarantor for another customer of the DCTU and fails to pay the
				  guaranteed amount, where such guarantee was made in writing to the DCTU and was
				  a condition of service.
(D) Intent
				  to deceive. The applicant requests service at a location where another customer
				  received or continues to receive service, the other customer's bill from the
				  DCTU is unpaid at that location, and the DCTU can prove that the change of
				  account holder and billing name is made to avoid or evade payment of an
				  outstanding bill owed to the DCTU.
(E) For indebtedness.
(i) If a residential applicant owes a debt to
				  any DCTU for:
(I) tariffed local
				  telecommunications service, except as provided in §
														RSA
				  26.29 of this title (relating to Prepaid
				  Local Telephone Service (PLTS)); or
(II) long distance charges after toll
				  blocking was imposed as provided in §
														RSA
				  26.28 of this title (relating to Suspension
				  or Disconnection of Service).
(ii) If a non-residential applicant owes a
				  debt to any DCTU for tariffed non-residential local telecommunications service,
				  including long distance charges.
(iii) If an applicant's indebtedness is in
				  dispute, basic local telecommunications service shall be provided upon the
				  applicant's compliance with the deposit requirements in §
													RSA
				  26.24 of this title (relating to Credit
				  Requirements and Deposits).
(F) Refusal to pay a deposit. The applicant
				  refuses to pay a deposit if the applicant is required to do so under §
												RSA
				  26.24 of this title.
(G) Failure to comply with regulations. The
				  applicant fails to comply with all applicable state and municipal
				  regulations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - CUSTOMER SERVICE AND PROTECTION › Section 26.24 - Credit Requirements and Deposits

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Dominant certificated telecommunications utility (DCTU).
(1) Credit requirements for permanent
				  residential applicants.
(A) A DCTU may
				  require a residential applicant for local telecommunications service to
				  establish and maintain satisfactory credit as a condition of providing service.
(i) Establishment of credit or payment of a
				  deposit shall not relieve any customer from complying with the DCTU's
				  requirements for prompt payment of bills.
(ii) The creditworthiness of spouses
				  established during the last 12 months of shared service prior to their divorce
				  will be equally applied to both spouses for 12 months immediately after their
				  divorce.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - CUSTOMER SERVICE AND PROTECTION › Section 26.25 - Issuance and Format of Bills

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Application. The provisions of this section apply to residential-customer bills
				  issued by all certificated telecommunications utilities (CTUs). Only
				  subsections (d)(3), (e)(1)(C) and (e)(7) of this section apply to a deregulated
				  company holding a certificate of operating authority or to an exempt carrier
				  under PURA §52.154.
(b)
				  Purpose. The purpose of this section is to specify the information that should
				  be included in a user-friendly, simplified format for residential customer
				  bills that include charges for local exchange telephone service.
(c) Frequency of bills and billing detail.
				  Bills of CTUs shall be issued monthly for any amount unless the bill covers
				  service that is for less than one month, or unless through mutual agreement
				  between the company and the customer a less frequent or more frequent billing
				  interval is established. Through mutual agreement with the CTU, a customer may
				  request and receive a bill with more detailed or less detailed information than
				  otherwise would be required by the provisions of this section if the CTU also
				  will provide the customer with detailed information on request.
(d) Billing information.
(1) All residential customers shall receive
				  their bills via the United States mail, or other mail service, unless the
				  customer agrees with the CTU to receive a bill through different means, such as
				  electronically via the Internet.
(2) Customer billing sent through the United
				  States mail, or other mail service, shall be sent in an envelope or by any
				  other method that ensures the confidentiality of the customer's telephone
				  number and/or account number.
(3) A
				  CTU shall maintain by billing cycle the billing records for each of its
				  accounts for at least two years after the date the bill is mailed. The billing
				  records shall contain sufficient data to reconstruct a customer's billing for a
				  given month. A copy of a customer's billing records may be obtained by the
				  customer on request.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - CUSTOMER SERVICE AND PROTECTION › Section 26.26 - Foreign Language Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Notification requirement. A certificated telecommunications utility (CTU) shall
				  inform Spanish-speaking applicants and customers how they can get the
				  information in subsection (b)(1), (2), (3), and (6) of this section in Spanish.
				  This may be accomplished by an informational sentence (tagline) in English and
				  Spanish indicating that the information is available in Spanish, upon
				  request.
(b) Spanish information
				  requirement. A CTU shall provide the following in Spanish, upon the request of
				  an applicant or customer:
(1) applicant and
				  customer rights information contained in this subchapter;
(2) information on rates, key terms and
				  conditions;
(3) new services,
				  discount programs, and promotions;
(4) access to repair service and customer
				  service;
(5) answers to billing
				  inquiries; and
(6) ballots for
				  services requiring a vote by ballot.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - CUSTOMER SERVICE AND PROTECTION › Section 26.27 - Bill Payment and Adjustments

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Dominant certificated telecommunications utility (DCTU).
(1) Bill due date. The bill provided to the
				  customer shall include the payment due date, which shall not be less than 16
				  days after issuance.
(A) The issuance date is
				  the postmark date on the envelope containing the bill or the issuance date on
				  the bill if there is no postmark or envelope.
(B) Payment for service is delinquent if not
				  received at the DCTU or at the DCTU's authorized payment agency by close of
				  business on the due date.
(C) If
				  the sixteenth day falls on a holiday or weekend, then the due date shall be the
				  next work day after the sixteenth day.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - CUSTOMER SERVICE AND PROTECTION › Section 26.29 - Prepaid Local Telephone Service (PLTS)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. The provisions of this section shall apply to all dominant
				  certificated telecommunications utilities (DCTUs) unless specifically indicated
				  otherwise. A DCTU shall provide prepaid local telephone service (PLTS) as
				  required by this section and shall not refuse to provide PLTS to an applicant
				  for such service because the applicant is indebted to any DCTU or other
				  telecommunications carrier for telecommunication services, including the
				  carriage charges of interexchange carriers where the DCTU bills those charges
				  under tariffs or contracts.
(b)
				  Eligible customers.
(1) Former customers. In
				  cases where a DCTU would refuse to provide service to an applicant for
				  residential telephone service because of indebtedness to any DCTU or other
				  telecommunications carrier, the applicant is eligible to receive PLTS as
				  required by this section.
(2)
				  Current customers. A current residential customer who has not been disconnected
				  but who has received a notice following suspension of service for non-payment
				  for services is eligible to receive PLTS as required by this section.
(3) Applicant previously disconnected from
				  PLTS by a DCTU. Any applicant who was previously disconnected from PLTS by a
				  DCTU, pursuant to subsection (e)(6) of this section, does not have the right to
				  receive PLTS from that DCTU again.
(4) Business customers shall not be eligible
				  for PLTS.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - CUSTOMER SERVICE AND PROTECTION › Section 26.30 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints to a
				  certificated telecommunications utility (CTU). A customer or applicant for a
				  service may submit a complaint to a CTU either in person, by letter, telephone,
				  or by any other means determined by the CTU. For purposes of this section, a
				  complainant is a customer or applicant for a service that has submitted a
				  complaint to a CTU or to the commission.
(1)
				  Initial investigation. The CTU must investigate the complaint and advise the
				  complainant of the results of the investigation within 21 days of receipt of
				  the complaint. A CTU must inform customers of the right to receive these
				  results in writing.
(2) Supervisory
				  review by the CTU. If a complainant is not satisfied with the initial response
				  to the complaint, the complainant may request a supervisory review by the CTU.
(A) A CTU supervisor must conduct the
				  supervisory review and inform the complainant of the results of the review
				  within ten days of receipt of the complainant's request for a review. A CTU
				  must inform customers of the right to receive these results in
				  writing.
(B) A complainant who is
				  dissatisfied with a CTU's supervisory review must be informed of:
(i) the right to file a complaint with the
				  commission;
(ii) the commission's
				  informal complaint resolution process;
(iii) the following contact information for
				  the commission:
(I) Mailing Address: PUCT,
				  Consumer Protection Division, P.O. Box 13326, Austin, Texas
				  78711-3326;
(II) Phone Number:
				  (512) 936-7120 or in Texas (toll-free) 1-888-782-8477;
(III) FAX: (512) 936-7003;
(IV) E-mail address:
				  consumer@puc.texas.gov;
(V)
				  Internet address: http.//www.puc.texas.gov;
(VI) Relay Texas (toll-free):
				  1-800-735-2989.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - CUSTOMER SERVICE AND PROTECTION › Section 26.31 - Disclosures to Applicants and Customers

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
				  Subsection (b)(4)(C)(viii) of this section does not apply to a deregulated
				  company holding a certificate of operating authority, or to an exempt carrier
				  that meets the criteria of Public Utility Regulatory Act (PURA)
				  §52.154.
(b) Certificated
				  telecommunications utilities (CTU). The disclosure requirements of this
				  subsection only apply to residential customers and business customers with five
				  or fewer customer access lines.
(1)
				  Promotional requirements. Promotions, including advertising and marketing,
				  conducted by a CTU must comply with the following:
(A) If any portion of a promotion is
				  translated into another language, then all portions of the promotion must be
				  translated into that language. Promotions containing a single informational
				  line or sentence in another language to advise a person on how to obtain the
				  same promotional information in a different language are exempt from this
				  requirement.
(B) Promotions must
				  not be fraudulent, unfair, misleading, deceptive, or anti-competitive as
				  prohibited by federal and state law.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - CUSTOMER SERVICE AND PROTECTION › Section 26.32 - Protection Against Unauthorized Billing Charges ("Cramming")

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  provisions of this section are intended to ensure that each customer in this
				  state are protected from unauthorized charges on a customer's
				  telecommunications utility bill. This section establishes the requirements
				  necessary to obtain and verify customer consent for charges for any product or
				  service before the associated charges appear on the customer's telephone
				  bill.
(b) Application. This section
				  applies to all "billing agents," "billing telecommunications utilities," and
				  "service providers" as those terms are defined in §
										26.5 of this title (relating to
				  Definitions) or the Public Utility Regulatory Act (PURA). This section does not
				  apply to:
(1) an unauthorized change in a
				  customer's local or long distance service provider, which is addressed under
				  §
											26.130 of this title (relating to
				  Selection of TelecommunicationsUtilities);
(2) message telecommunications charges that
				  are initiated by dialing 1+, 0+, 0-, 1010XXX, or collect calls and charges for
				  video services, if the service provider has the necessary call record detail to
				  establish the billing for the call or service; and
(3) a provider of commercial mobile radio
				  service as defined in PURA §51.003(5).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - CUSTOMER SERVICE AND PROTECTION › Section 26.33 - Prompt Payment Act

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
				  This section applies to billing by a certificated telecommunication utility
				  (CTU) to a "governmental entity" as defined in Texas Government Code Chapter
				  2251, the Prompt Payment Act (PPA). This section controls over other sections
				  of this chapter to the extent that they conflict.
(b) Time for payment by a governmental
				  entity. A payment by a governmental entity shall become overdue as provided in
				  the PPA.
(c) Disputed bills. If
				  there is a billing dispute between a governmental entity and a CTU about any
				  bill for CTU service, the dispute shall be resolved as provided in the
				  PPA.
(d) Interest on overdue
				  payment. Interest on an overdue governmental entity payment shall be calculated
				  by the governmental entity pursuant to the terms of the PPA and remitted to the
				  CTU with the overdue payment. However, pursuant to §
										RSA
				  26.27<subdiv>(a)(2)</subdiv> of
				  this title (relating to Bill Payment and Adjustments), a governmental entity
				  that is also an agency in any branch of government is not subject to a fee,
				  penalty, interest, or other charge to the state for delinquent payment of a
				  bill from a dominant certificated telecommunications utility.
(e) Notice. A CTU shall provide written
				  notice to all of its non-residential customers of the applicability of the PPA
				  to the CTU's service to governmental entities. This notice shall be completed
				  within six months of the effective date of this section for existing
				  non-residential customers and, within three months of the effective date of
				  this section, shall be provided to a new customer at or before the time that
				  the terms of service are provided to the customer. A CTU's failure to provide
				  this notice does not give rise to any independent claim under the PPA, nor does
				  this notice initiate or terminate any party's rights or obligations under the
				  PPA.
(1) The failure of a CTU to provide
				  written notice in accordance with this subsection may be considered in a PPA
				  billing complaint.
(2) The failure
				  of a governmental entity to inform the CTU of its status as a governmental
				  entity may be considered in a PPA billing complaint.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - CUSTOMER SERVICE AND PROTECTION › Section 26.34 - Telephone Prepaid Calling Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  provisions of this section are intended to prescribe standards for the
				  information a prepaid calling services provider must disclose to customers
				  regarding the rates and terms of service for prepaid calling services offered
				  in this state.
(b) Application.
				  This section applies to any "telecommunications utility" as defined by §
										26.5 of this title, relating to
				  Definitions. This section does not apply to a deregulated company holding a
				  certificate of operating authority, or to an exempt carrier utility that meets
				  the criteria of Public Utility Regulatory Act (PURA) §52.154. This section
				  also does not apply to a credit calling card in which a customer pays for a
				  service after use and receives a monthly bill for such use.
(c) Liability. A prepaid calling services
				  company is responsible for ensuring, either through its contracts with its
				  network provider, distributors and marketing agents or other means, that:
(1) end-user purchased prepaid calling
				  service remains usable in accordance with the requirements of this section;
				  and
(2) compliance requirements of
				  all disclosure provisions of this section are met.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - CUSTOMER SERVICE AND PROTECTION › Section 26.37 - Texas No-Call List

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section implements the Texas Business & Commerce Code Annotated
				  §44.103 (Bus. & Com. Code) relating to rules, customer information,
				  and isolated violations of the Texas no-call list.
(b) Application. This section is applicable
				  to:
(1) Certificated telecommunications
				  utilities (CTUs), as defined by §
											RSA 26.5
				  of this title (relating to Definitions), that provide local exchange telephone
				  service to residential customers in Texas; and
(2) Telemarketers, as defined in subsection
				  (c)(9) of this section including, but not limited to, retail electric providers
				  as defined in §
											RSA 25.5
				  of this title (relating to Definitions).