16 Tex. Admin. Code § 26.419 - Telecommunication Resale Providers Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF) for Lifeline Service
(a) Scope and
Purpose. This section provides the requirements for the commission to designate
certificated providers of local exchange telephone service that provide this
service solely through the resale of an incumbent local exchange carrier's
(ILEC) services as an eligible telecommunications provider (ETP) for the
specific purpose of receiving funds for Lifeline Service from the Texas
Universal Service Fund (TUSF) under §
26.412 of this title (relating to
the Lifeline Service Program). Only resale ETPs as defined by §
26.412(b)(2) of
this title must qualify to receive universal service support under this
program.
(b) Requirements for
establishing ETP service areas.
(1) Texas High
Cost Universal Service Plan (THCUSP) service area. A THCUSP service area must
be based upon wire centers (WCs) or other geographic area as determined
appropriate by the commission. A telecommunications provider may be designated
an ETP for any or all WCs contained within its certificated service area. An
ETP must serve an entire WC or other geographic area as determined appropriate
by the commission.
(2) Small and
Rural ILEC Universal Service Plan (SRIUSP) service area. A SRIUSP service area
for an ETP serving in a small or rural ILEC's territory must include the entire
study area of such small or rural ILEC.
(c) Criteria for designation of ETPs. A
resale ETP as defined by §
26.412(b)(2) of
this title must be eligible to receive TUSF support in accordance with §
26.412 of this title for Lifeline
Service only in each service area of a large company (THCUSP) or the study area
of a small company (SRIUSP) for which it seeks ETP designation if it meets the
following requirements:
(1) the Resale ETP
defines its ETP service area pursuant to subsection (b) of this section and
assumes the obligation to offer service to any customer in its ETP service
area;
(2) offers Lifeline Services
as provided by 47 C.F.R. Part 54, Subpart E; and
(3) advertises the availability of, and the
charges for, supported services using media of general distribution.
(d) Requirements for application
for Resale ETP designation and commission processing of application.
(1) Requirements for notice and contents of
application for Resale ETP designation.
(A)
Notice of application. Notice must be published in the Texas
Register. The presiding officer may require additional notice. Unless
otherwise required by the presiding officer or by law, the notice must include
at a minimum a description of the service area for which the applicant seeks
designation, the proposed effective date of the designation, and the following
language: "Persons who wish to comment on this application should notify the
Public Utility Commission by (specified date, ten days before the proposed
effective date). Requests for further information should be mailed to the
Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326,
or you may call the PUCT Consumer Protection Division at (512) 936-7120 or
(888) 782-8477. Hearing- and speech-impaired individuals may contact the
commission through Relay Texas at (800) 735-2989."
(B) Contents of application. A certificated
provider of local exchange telephone service seeking to be designated as a
resale must file with the commission an application complying with the
requirements of this section. A copy of the application must be delivered to
the Office of Public Utility Counsel (OPUC). The application must:
(i) demonstrate that the applicant is a
certificated provider of local exchange telephone service that resells basic
local telecommunication services, as defined in §
26.403 of this title (relating to
Texas High Cost Universal Service Plan (THCUSP));
(ii) demonstrate that the applicant assumes
the obligation to offer Lifeline Services, as defined in §
26.412 of this title, to any
customer in its certificated service area;
(iii) demonstrate that the applicant will
advertise the availability of and the charges for designated services, as
defined in §
26.403 of this title, using media
of general distribution;
(iv)
contain a statement detailing the content of the notice the applicant proposes
for publication in the Texas Register regarding the
application as well as a brief statement explaining why the proposed notice is
reasonable and that it complies with applicable law;
(v) provide a copy of the text of the
notice;
(vi) state the proposed
effective date of the designation; and
(vii) provide any other information the
applicant wants considered in connection with the commission's review of its
application.
(2) Commission processing of application.
(A) Administrative review. An application
considered under this section is eligible for administrative review unless the
certificated provider of local exchange telephone service requests the
application be docketed or the presiding officer, for good cause, determines at
any point during the review that the application should be docketed.
(i) The effective date of the Resale ETP
designation must be no earlier than 30 days after notice is published in the
Texas Register.
(ii) The application will be reviewed for
sufficiency. If the presiding officer concludes that material deficiencies
exist in the application, the applicant will be notified within ten working
days of the filing date of the specific deficiency in its application. The
earliest possible effective date of the application will be no earlier than 30
days after notice is published in the Texas
Register.
(iii) While the
application is being administratively reviewed, commission staff and OPUC may
submit requests for information to the applicant. Three copies of all answers
to such requests for information must be provided to commission staff and OPUC
within ten days after receipt of the request by the applicant.
(iv) No later than 20 days after the
completion of notice, interested persons may provide written comments or
recommendations concerning the application to the commission staff. Commission
staff must and OPUC may file with the presiding officer written comments or
recommendations regarding the application.
(v) No later than 35 days after the proposed
effective date of the application, the presiding officer must issue an order
approving, denying, or docketing the application.
(B) Approval of application. The application
will be approved by the presiding officer if it meets all the following
requirements:
(i) The provision of service
constitutes basic local telecommunications service as defined in §
26.403 of this title and Lifeline
Service as defined in §
26.412 of this title.
(ii) Notice was provided as required by this
section.
(iii) The applicant has
met the requirements contained in this subsection.
(iv) The ETP designation is consistent with
the public interest in a technologically advanced telecommunications system and
consistent with the preservation of universal service.
(C) Docketing. If, based on the
administrative review, the presiding officer determines that one or more of the
requirements has not been met, the presiding officer will docket the
application. The requirements of this subsection may not be waived.
(D) Review of the application after
docketing. If the application is docketed, the effective date of the
application will be automatically suspended until an order is issued in the
proceeding granting the application. Three copies of all answers to requests
for information must be filed with the commission within ten days after receipt
of the request. Affected persons may move to intervene in the docket, and a
hearing on the merits will be scheduled. A hearing on the merits will be
limited to issues of eligibility. The application will be processed in
accordance with the commission's rules applicable to docketed cases.
(e) Relinquishment of
ETP designation. A certificated provider of local exchange telephone service
may seek to relinquish its ETP designation. The relinquishment of an ETP
designation does not relieve the certificated provider from its obligation to
provide Lifeline Service.
(f)
Relinquishment for non-compliance. The TUSF administrator must notify the
commission when the TUSF administrator is aware that a resale ETP is not in
compliance with the requirements of subsection (c) of this section. The
commission will revoke the ETP designation of any resale ETP determined not to
be in compliance with subsection (c) of this section.
(g) Requirements for annual affidavit of
compliance to receive TUSF support. A resale ETP serving a rural or non-rural
study area must comply with the following requirements for annual compliance
for the receipt of TUSF support for Lifeline Services:
(1) Annual Affidavit of Compliance. On or
before September 1 of each year, a resale ETP that receives disbursements from
the TUSF must file with the commission an affidavit certifying that the ETP is
in compliance with the requirements for receiving money from the universal
service fund and requirements regarding the use of money from each TUSF program
from which the telecommunications provider receives disbursements.
(2) Filing Affidavit. The affidavit used must
be the annual compliance affidavit approved by the commission.
Notes
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