16 Tex. Admin. Code § 26.171 - Small Incumbent Local Exchange Company Regulatory Flexibility
(a) Purpose and
application.
(1) Purpose. The purpose of this
section is to establish procedures and pricing guidelines that small incumbent
local exchange companies (ILECs), because of their special characteristics, may
use to expedite commission approval of services and rates in accordance with
the Public Utility Regulatory Act (PURA), Chapter 53, Subchapter G. Through
this section, the commission encourages the provision of adequate and efficient
telecommunications service by facilitating the ability of small ILECs' to offer
technologically advanced services that are generally available in metropolitan
areas from large ILECs.
(2)
Application. This section applies to any small ILEC as that term is defined in
§
26.5 of this title (relating to
Definitions), except that this section does not apply to a cooperative
corporation partially deregulated under PURA, Chapter 53, Subchapter H. Nothing
in this section precludes a small ILEC from offering a packaged service, new
service, or promotional service or proposing a change in rates under other
applicable sections of the PURA. Nothing in this section prohibits the
commission from conducting a review in accordance with PURA, Chapter 53,
Subchapter D. Notwithstanding limitations contained within §
26.121 of this title (relating to
Privacy Issues), §
26.121 of this title applies to
notices to the commission (commission notices) filed under this
section.
(b) Definition.
The term "affected customer" when used in this section means a customer that is
in the class of customers and in the exchange or exchanges affected by the
notice filed in accordance with the provisions of this section.
(c) Filing. By following procedures outlined
in this section, a small ILEC may offer extended local calling service, a
packaged service, a promotional service, or a new service on an optional basis
or make a minor change in its rates or tariffs.
(1) Notice. At least ten calendar days before
the effective date of the proposed change, the small ILEC must file notice with
the commission and the Office of Public Utility Counsel. Such notice must
include:
(A) a copy of the customer notice
required by subsection (d) of this section;
(B) a sufficient description of how notice
was or will be provided to the customers to allow the presiding officer to rule
on the sufficiency of the notice;
(C) any request for a good cause waiver to
the requirements of this section, and sufficient justification for the good
cause exception to allow the presiding officer to rule on the
request;
(D) a copy of the
resolution adopted by the small ILEC's board of directors approving the
proposed change;
(E) the proposed
effective date of the change;
(F) a
description of the affected services and the category of customers affected by
the proposed change;
(G) a copy of
the proposed tariff;
(H) the number
of access lines the small ILEC and each of its affiliates has in service in the
state;
(I) the amount by which the
small ILEC's total regulated intrastate gross annual revenues will increase or
decrease as a result of the proposed change, and, if the proposal is for a rate
change, sufficient information to demonstrate that the proposed change is a
minor change;
(J) a statement
affirming that the rates are just and reasonable, are not unreasonably
preferential, prejudicial, or discriminatory, and are sufficient, equitable,
and consistent in application to each class of customers, in accordance with
PURA §53.003;
(K) information
required by §
26.121 of this title (relating to
Privacy Issues); and
(L) any other
information the small ILEC wants considered in connection with the
notice.
(2) Response to
the commission notice. No later than ten calendar days after the small ILEC
files the commission notice, the presiding officer assigned to the project will
notify the small ILEC of any deficiencies in the commission notice, whether the
notice to the customers is approved, and whether a waiver request, if any, is
granted.
(d) Notice. A
small ILEC satisfies the notice requirements in paragraphs (1) - (4) of this
subsection by completing notice to the affected customers no later than 10 days
before the proposed effective date of the tariff sheets. If notice is not
completed as required, the proposed effective date will be postponed for as
many days as completion of notice is delayed.
(1) Extended local calling service, packaged
service, promotional service or new service. For extended local calling
service, a packaged service, promotional service or a new service, notice must
be provided to each affected customer.
(2) Good cause exceptions. The presiding
officer may require for good cause that notice be provided in addition to
notice proposed by the small ILEC for a proposed new service or may waive for
good cause the notice requirement prescribed by this section.
(3) Contents of notice. Each notice must
include:
(A) a description of each service
affected by the proposed change;
(B) a list of rates affected by the
commission notice and how the rates affect each category of affected
customers;
(C) the proposed
effective date of the change;
(D)
an explanation of the affected customer's right to petition the commission for
review under subsection (g)(2) of this section, including the number of
affected persons required to petition before commission review will occur and
the date by which the petition must be received by the commission, which date
must be 30 calendar days following the completion of notice;
(E) an explanation of the affected customer's
right to obtain from the small ILEC a copy of the proposed tariff and
instructions on how to do so; and
(F) the amount by which the small ILEC's
total regulated intrastate gross annual revenues will increase as a result of
the proposed change.
(4)
Proof of customer notice. No later than seven calendar days following
completion of notice, the small ILEC or a representative of the small ILEC must
file one or more affidavits establishing proof of notice to customers as
required by this subsection.
(e) New service availability. If the
commission notice concerns a new service, as defined in §
26.5 of this title, that will not
be offered system-wide, the small ILEC must explain separately for each
telephone exchange why the new service cannot be offered system-wide.
(f) Rates and revenues. The following
requirements apply to a commission notice filed under this section:
(1) Minor change. A proposed rate change must
be a minor change as defined in §
26.5 of this title.
(2) Limitation on rate increases. Except for
good cause shown, a rate will not be increased more than once in any 12-month
period.
(3) Rate-setting
principles. A rate established under this section must be in accordance with
the rate-setting principles of PURA, Chapter 53, except that a small ILEC may
provide to its board members, officers, employees, or agents free or reduced
rates for services.
(g)
Review.
(1) Effective date. A proposed tariff
filed under this section is effective on the date proposed by the small ILEC,
unless the effective date is suspended.
(2) Suspension of tariff. The proposed tariff
may be suspended up to 150 calendar days to provide the commission an
opportunity to review the commission notice. Additionally the presiding officer
will suspend the tariff if within 30 calendar days following the completion of
the customer notice:
(A) the commission
receives a complaint relating to the proposed change signed by the lesser of
5.0% or 1,500 of the affected local service customers to which the proposed
change applies. Five percent will be calculated based upon the total number of
affected customers of record as of the calendar month preceding receipt of the
complaint; or
(B) the commission
receives a complaint relating to the proposed change from either an affected
intrastate access customer or a group of affected intrastate access customers
that, in the preceding 12 months, the small ILEC billed more than 10% of its
total intrastate gross access revenues; or
(C) the proposed change is not a minor
change; or
(D) the proposed change
is not consistent with the commission's written substantive policies;
or
(E) the small ILEC has not
complied with the procedural requirements of this section.
(h) Docketing. Following
suspension of the effective date of the proposed tariff, the presiding officer
will provide a small ILEC a reasonable opportunity to modify its commission
notice to address conditions that exist, if any, under subsection (g)(2) of
this section. If conditions under subsection (g)(2) of this section are not
resolved during the suspension period, the presiding officer may docket the
project. If the project is docketed, the effective date of the proposed tariff
will be automatically suspended and the commission will review the commission
notice in accordance with the commission's procedural rules applicable to
docketed cases.
Notes
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