| amendment application is required, a notice of approval
may be issued. Notice to the commission must include but not be limited
to:
(A) A joint filing statement;
(B) Certificated entity names, certificate numbers,
contact information, and statements of compliance; and
(C) An affidavit from each certificated entity attesting
to compliance with COA or SPCOA certification requirements, as applicable.
(4) No later than five working days after filing an
application or amendment with the commission, the applicant must provide
a copy of the application or amendment to the Commission on State
Emergency Communications and, in accordance with paragraph (3) of
this subsection, notice to all affected 9-1-1 administrative entities.
The applicant may provide the amendment application and notice via
electronic mail.
(5) If the application to amend 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 SPCOA.
(j) Non-use of certificates. Applicants must use their
COA or SPCOA certificates expeditiously.
(1) A certificate holder that has discontinued providing
service for a period of 12 consecutive months after the date the certificate
holder has initially begun providing service must file an affidavit
on an annual basis attesting that it continues to possess the required
technical and financial resources necessary to provide the level of
service proposed in its initial application.
(2) A certificate holder that has not provided service
within 24 months of being granted the certificate by the commission
may have its certificate suspended or revoked.
(k) Renewal of certificates. Each COA and SPCOA holder
must file with the commission a renewal of its certification once
every ten years. The commission may, prior to the ten year renewal
requirement, require each COA and SPCOA holder to file a renewal of
its certification.
(1) The certification renewal must include:
(A) the certificate holder's name;
(B) the certificate holder's address; and
(C) the most recent version of the annual report the
commission requires the certificate holder to submit to comply with
subsection (l)(1) of this section, to the extent required by PURA
and this title.
(2) A certification renewal must be filed on or before
June 1, 2014, and every ten years thereafter.
(3) COA or SPCOA holders will have an automatic extension
of the filing deadline until October 1 of each reporting year to comply
with paragraph (1) of this subsection. Commission staff will send
three notices to each COA and SPCOA holder that has not submitted
its certification renewal by June 1. The first notice will be sent
on or before July 1, the second notice will be sent on or before August
1, and the third notice will be sent on or before September 1. Failure
to send any of these notices by commission staff or failure to receive
any of these notices by a COA or SPCOA holder must not affect the
requirement to renew a certificate under this section by October 1
of the renewal period.
(4) Failure to timely file the annual renewal required
in paragraph (1) of this subsection on or before October 1 of each
reporting year will automatically render the certificate of the COA
or SPCOA invalid and therefore no longer in compliance with PURA §54.001.
(5) COA or SPCOA holders that continue to provide regulated
telecommunications services under an invalid COA or SPCOA may be subject
to administrative penalties and other enforcement actions.
(6) A certificate holder whose COA or SPCOA certificate
is invalid may obtain a new certificate only by complying with the
requirements prescribed for obtaining an original certificate.
(l) Reporting Requirements.
(1) Each COA or SPCOA holder must provide and maintain
accurate contact information via the annual report to the extent required
by PURA and this title. At a minimum, the COA or SPCOA holder must
maintain a current regulatory contact person, complaint contact person,
primary and secondary emergency contact, operation and policy migration
contact, business physical and mailing address, primary business telephone
number, toll-free customer service number, and primary email address.
The COA or SPCOA holder must submit the required information in the
manner established by the commission.
(2) The applicable annual report is due on or before
April 30 of each calendar year. The COA or SPCOA holder must electronically
submit the required information in a manner established by the commission.
(3) When terminating or disconnecting service to another
CTU, a COA or an SPCOA holder must file a copy of the termination
or disconnection notice with the commission not later than two working
days after the notice is sent to the CTU. The service termination
or disconnection notice must be filed in a project established for
that purpose.
(4) COA and SPCOA holders must file a notice of the
initiation of a bankruptcy in a project number established for that
purpose. The notice must be filed not later than five working days
after the filing of the bankruptcy petition. The notice of bankruptcy
must also include, at a minimum, the following information:
(A) The name of the certificated company that is the
subject of the bankruptcy petition, the date and state in which bankruptcy
petition was filed, type of bankruptcy such as Chapter 7, 11, or 13,
and whether the bankruptcy is voluntary or involuntary, the bankruptcy
case number; and
(B) The number of affected customers, the type of service
provided to the affected customers, and the name of each provider
of last resort associated with the affected customers.
(5) Reports.
(A) A certificate holder must file all reports to the
extent required by PURA and this title, including §26.51 of this
title (relating to Reliability of Operations of Telecommunications
Providers); §26.76 of this title (relating to Gross Receipts
Assessment Report); §26.80 of this title (relating to Annual
Report on Historically Underutilized Businesses); §26.85 of this
title (relating to Report of Workforce Diversity and Other Business
Practices); §26.89 of this title (relating to Nondominant Carriers'
Obligations Regarding Information on Rates and Services); §26.465
of this title (relating to Methodology for Counting Access Lines and
Reporting Requirements for Certified Telecommunications Providers);
and §26.467 of this title (relating to Rates, Allocation, Compensation,
Adjustments and Reporting).
(B) An amendment for certification must include a copy
of the applicant's most recent tariff that has been approved by the
commission in accordance with §26.207 of this title (relating
to Form and Filing of Tariffs), §26.208 of this title (relating
to General Tariff Requirements), and other commission rules as applicable
or specified by those provisions. A tariff that has not been approved
but is currently under review by the commission may be used to satisfy
this requirement.
(i) A control number for the project associated with
the applicant's most recently approved tariff or tariff that is currently
under review by the commission may be provided as an alternative to
providing a copy.
(ii) An entity subject to §26.89 of this title
(Relating to Nondominant Carriers' Obligations Regarding Information
on Rates and Services) may, but is not required to, comply with this
paragraph.
(m) Standards for cessation of operations and relinquishment
of certification. A COA or SPCOA holder may cease operations in the
state only if authorized by the commission in accordance with this
subsection. A COA or SPCOA holder that ceases operations and relinquishes
its certification 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) Before the certificate holder ceases operations,
it must give notice of the intended action to the commission, each
affected customer, the Commission on State Emergency Communications
(CSEC), each affected 9-1-1 administrative entity, the Office of Public
Utility Counsel (OPUC), each wholesale provider of telecommunications
facilities or services from which the certificate holder purchased
facilities or services, the Texas Comptroller of Public Accounts,
the Texas Secretary of State and the administrator of the Texas Universal
Service Fund.
(A) The notification letter must clearly state the
intent of the certificate holder to cease providing service.
(B) The notification letter must provide each customer
a minimum of 61 days of notice of termination of service, and the
date of the termination of service must be clearly stated in the notification
letter.
Cont'd... |
