16 Tex. Admin. Code § 26.342 - Pay Telephone Service Tariff Provisions
(a)
Application. This section does not apply to a deregulated company holding a
certificate of operating authority or to an exempt carrier under Public Utility
Act (PURA) §52.154.
(b)
Available upon request. Upon formal request for service by any prospective
provider of pay telephone service (PTS), a certificated telecommunications
utility (CTU) is required to file a tariff providing for interconnection of
customer-owned pay telephones, except as otherwise provided in subsection (c)
of this section.
(c) Special
assembly tariffs. A CTU with fewer than 50 pay telephone lines may provide pay
telephone access service (PTAS) pursuant to existing special assembly tariffs;
however, in no event may a CTU provide to more than ten special assembly
arrangements. Special assembly rates must be computed in accordance with this
section. CTUs that provide PTAS pursuant to special assembly tariffs must enter
into a written agreement with the PTS provider that requires the provider to
perform all functions and obligations specified in §
26.344 of this title (relating to
Pay Telephone Service Requirements). When a CTU that holds a certificate of
convenience and necessity (CCN) makes its initial filing to offer PTAS, the
application must include the proposed tariff, cost studies or a commission
approved rate for similar services offered by a larger CTU holding a
CCN.
(d) Enforcement of tariff
requirements. If a PTS provider is in violation of a tariff provision, the CTU
must notify the PTS provider of the violation in writing. Such notice must
refer to the specific tariff provisions being violated. The notice must state
that the PTS provider is subject to disconnection by the CTU of the
instrument(s) in violation of the tariff unless the PTS provider corrects the
violation and notifies the CTU in writing, within 20 days of receipt of the
notice of the violation, that the violation has been corrected. The CTU may
disconnect the instrument(s) that are in violation of the tariff on or after
the 20th day after receipt of the notice by the PTS provider, if the PTS
provider did not notify the CTU in writing within 20 days of receipt of the
notice that the violation was corrected. However, if the PTS provider has filed
a complaint with the commission regarding the disconnection and has provided
the CTU with a copy of the complaint that indicates that the complaint has been
filed with the commission within 20 days of receipt of the notice of a
violation from the CTU, the CTU may not disconnect the instrument(s) pending
resolution of the complaint by the commission.
Notes
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