16 Tex. Admin. Code § 26.422 - Subsequent Petitions for Service in Uncertificated Areas
(a) 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) If the commission approves a petition
requesting service, residents of permanent residential premises or owners of
permanent residential or business premises in reasonable proximity to the
premises that were the subject of an approved petition who did not sign the
prior petition requesting service are not entitled to receive service under the
Public Utility Regulatory Act (PURA), Chapter 56, Subchapter F, prior to the
fifth anniversary of the date the prior petition was filed, unless the
residents or owners file a new petition and agree to pay aid to construction
charges on the same terms as applicable to the prior petitioner(s).
(c) The designated provider shall receive
reimbursement for the original cost of deployment and actual recurring costs of
providing service to those additional residents in the same manner as the
provider received reimbursement of those costs in relation to the prior
petitioner(s). The provider may not receive reimbursement for the original cost
of deployment under a subsequent petition if the provider previously received
complete reimbursement for those costs from the Texas Universal Service Fund
(TUSF). If the TUSF has completely reimbursed the original cost of deployment
as provided by §
26.421 of this title (relating to
Designation of Eligible Telecommunications Providers to Provide Service to
Uncertificated Areas), each subsequent petitioner must pay into the TUSF an
amount equal to the aid to construction charge paid by each prior
petitioner.
Notes
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