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 26.403 - Texas High Cost Universal Service Plan (THCUSP)

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section establishes guidelines for financial assistance to eligible
				  telecommunications providers (ETPs) that serve the high cost rural areas of the
				  state, other than study areas of small and rural incumbent local exchange
				  companies (ILECs), so that basic local telecommunications service may be
				  provided at reasonable rates in a competitively neutral manner.
(b) Application. This section applies to
				  telecommunications providers that have been designated ETPs 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) Business line--The telecommunications
				  facilities providing the communications channel that serves a single-line
				  business customer's service address. For the purpose of this definition, a
				  single-line business line is one to which multi-line hunting, trunking, or
				  other special capabilities do not apply. For a line served by an ILEC, a
				  business line is a line served in accordance with the ILEC's business service
				  tariff or a package that includes such a tariffed service. For a line served by
				  an ILEC in accordance with a customer specific contract or that is otherwise
				  not served in accordance with a tariff, to qualify as a business line, the
				  service must be provided in accordance with a customer application, subscriber
				  agreement, or contract entered into by a public or private organization of any
				  character, or a representative or agent of such entity, irrespective of the
				  person or entity in actual possession of the telephone device. For a line that
				  is served by an ETP other than an ILEC, to qualify as a business line, the
				  service must be provided in accordance with a customer application, subscriber
				  agreement, or contract entered into by a public or private organization of any
				  character, or a representative or agent of such entity, irrespective of the
				  person or entity in actual possession of the telephone device.
(2) Eligible line--A residential line or a
				  single-line business line over which an ETP provides the service supported by
				  the THCUSP through its own facilities, purchase of unbundled network elements
				  (UNEs), or a combination of its own facilities and purchase of UNEs. An
				  eligible line may be a business line or a residential line but cannot be
				  both.
(3) Eligible
				  telecommunications provider (ETP)--A telecommunications provider designated by
				  the commission in accordance with §
											26.417 of this title.
(4) Physical 911 address--For the purposes of
				  this section, a physical 911 address is an address transmitted to the
				  applicable emergency service providers by an ETP with respect to a line that is
				  not stated in GPS coordinates.
(5)
				  Residential line--The telecommunications facilities providing the
				  communications channel that serves a residential customer's service address.
				  For the purpose of this definition, a residential line is one to which
				  multi-line hunting, trunking, or other special capabilities do not apply. A
				  line that qualifies as a business line does not qualify as a residential
				  line.
(6) Service Address--For the
				  purposes of this section, a business or residential customer's service address
				  is defined using the following criteria:
(A) A
				  service address is the unique physical street address, including any suite or
				  unit number, where a line is provided to a customer, except as provided in
				  clauses (i) - (ii) and subparagraph (B) of this paragraph.
(i) If no unique physical street address is
				  available, a physical 911 address must be used.
(ii) If no unique physical street address and
				  no physical 911 address are available, the business or residential customer's
				  service address must be an area of land under common operation or use as
				  defined by a deed, state permit, lease name, or licensed or registered field of
				  operation, which must be described by an ETP using GPS coordinates. Multiple
				  buildings within a single area of land under common operation or use must not
				  qualify as separate service addresses, even if the GPS coordinates for each
				  building are different.
(B) For eligible lines served using
				  commercial mobile radio service, a service address for such a line may be the
				  customer's billing address for the purposes of this definition.