| (C) The notification letter must inform each customer
of the carrier of last resort or make other arrangements to provide
service as approved by each customer.
(2) A COA or SPCOA holder that intends to cease operations
must file with the commission an application to cease operations and
relinquish its certificate, and provide a copy of the application
to CSEC. The application must provide the following information:
(A) Name, address, and phone number of the certificate
holder;
(B) COA or SPCOA certificate number being relinquished;
(C) The commission control number in which the COA
or SPCOA was granted;
(D) A description of the areas in which service will
be discontinued and whether basic local telecommunications service
is available from other certificate holders in these areas;
(E) A description of any contractual arrangements with
customers that will not be honored, as a consequence of the cessation
of operations; and
(F) A statement regarding the disposition of customer
credits and deposits, and a sworn statement stating the authority
to relinquish certification, that proper notice of the relinquishment
has been provided to all customers, and that the information provided
in the application is true and correct.
(3) All customer deposits and credits must be returned
within 60 days of notification to cease operations and relinquish
certification.
(4) Any switchover fees that will be charged to affected
customers as a consequence of the cessation of operations must be
paid by the certificate holder relinquishing the certificate.
(5) Commission approval of the cessation of operations
does not relieve the COA or SPCOA of obligations to its customers
under contract or other applicable law.
(n) Standards for discontinuing optional services.
A COA or SPCOA holder discontinuing an optional service must comply
with PURA §54.253. This section does not apply to a deregulated
company holding a certificate of operating authority or to an exempt
carrier.
(1) The COA or SPCOA holder must file an application
with the commission to discontinue optional services, which must provide
the following information:
(A) Name, address, and phone number of the certificate
holder;
(B) COA or SPCOA certificate number being amended;
(C) The commission control number in which the COA
or SPCOA was granted;
(D) A description of the optional services that will
be discontinued and whether such services are available from other
certificate holders in the areas served by the certificate holder;
(E) A description of any contractual arrangements with
customers that will not be honored, as a consequence of the discontinuation
of optional services; and
(F) A sworn statement stating the authority to discontinue
service options, that proper notice of the discontinuation of service
has been provided to all customers, and that the information provided
in the amended application is true and correct.
(2) Notification to each customer receiving optional
services is required, and must comply with the following requirements:
(A) The notification letter must clearly state the
intent of the certificate holder to cease an optional service and
a copy of the letter must be provided to the commission and OPUC.
(B) The notification letter must give customers a minimum
of 61 days of notice of the discontinuation of optional services.
(3) All customer deposits and credits associated with
a discontinued optional service must be returned within 30 days of
the discontinuation.
(4) The certificate holder must maintain the optional
services until it has obtained commission authorization to cease the
optional services.
(5) If the amendment application requests any change
other than a name change, the factors as set forth in subsections
(c) and (d) of this section may be considered by the commission in
determining whether to approve an amendment to a COA or an SPCOA.
(o) Revocation or suspension. A certificate granted
in accordance with this section is subject to amendment, suspension,
or revocation by the commission for violation of PURA or commission
rules or if the commission determines that holder of the certificate
does not meet the requirements under this section to the extent required
by PURA and this title. A suspension of a COA or an SPCOA certificate
requires the cessation of all activities associated with obtaining
new customers in the state of Texas for a product or service that
require a COA or an SPCOA. A revocation of a COA or SPCOA certificate
requires the cessation of activities in the state of Texas that require
a COA or an SPCOA in accordance with commission order. The commission
may also impose an administrative penalty on a person for a violation
of PURA or commission substantive rules. Commission Staff or any affected
person may bring a complaint seeking to amend, suspend, or revoke
a COA or an SPCOA certificate. Grounds for initiating an investigation
that may result in the suspension or revocation include the following:
(1) Non-use of approved certificate for a period of
24 months, without re-qualification prior to the expiration of the
24-month period;
(2) Providing false or misleading information to the
commission;
(3) Failure to meet financial obligations on a timely
basis, or the inability to obtain or maintain the financial resources
needed to provide adequate service;
(4) Violation of any state law applicable to the certificate
holder that affects the certificate holders' ability to provide telecommunications
services;
(5) Failure to meet commission reporting requirements
to the extent required by PURA and this title;
(6) Engaging in fraudulent, unfair, misleading, deceptive,
or anti-competitive practices or unlawful discrimination in providing
telecommunications service;
(7) Switching, or causing a customer's telecommunications
service to be switched, without first obtaining the customer's permission;
(8) Billing an unauthorized charge, or causing an unauthorized
charge to be billed, to a customer's telecommunications service bill;
(9) Failure to maintain financial resources in accordance
with subsection (f)(1) of this section;
(10) A pattern of not responding to commission inquiries
or customer complaints in a timely fashion;
(11) Suspension or revocation of a registration, certification,
or license by any state or federal authority;
(12) Conviction of a felony by the certificate holder,
a person controlling the certificate holder, or principal employed
by the certificate holder, or any crime involving theft, fraud, or
deceit related to the certificate holder's service;
(13) Failure to serve as a provider of last resort
if required to do so by the commission;
(14) Failure to provide required services to customers
under the federal or Texas Universal Service Fund;
(15) Failure to comply with the rules of the federal
or Texas Universal Service Fund; and
(16) Violations of PURA or any commission rule or order
applicable to the certificate holder.
|
| Source Note: The provisions of this §26.111 adopted to be effective December 13, 2010, 35 TexReg 10945; amended to be effective April 7, 2014, 39 TexReg 2564; amended to be effective November 13, 2014, 39 TexReg 8687; amended to be effective December 21, 2023, 48 TexReg 7524 |
