(2) Using the per-line proxy support amount levels
set forth in this subsection, the commission will create a benchmark
support amount for each exchange of a requesting ILEC ETP. The benchmark
support amount for each individual supported exchange of a company
or cooperative is calculated by multiplying the number of total eligible
lines as of December 31, 2016 served by the ILEC ETP within each exchange
by the corresponding proxy support amount for that individual exchange
based on the average residential line density per square mile of the
exchange as of December 31, 2016.
(3) To the extent that the total sum of the benchmark
support amounts for all of the supported exchanges of a company or
cooperative is greater than or less than the targeted total support
amount a company or cooperative would be eligible to receive on December
31, 2017 as a result of the final order in Docket No. 41097, the benchmark
per-line support amount for each exchange must be proportionally reduced
or increased by the same percentage amount so that the total support
amount a company or cooperative is eligible to receive on December
31, 2017, as a result of the final order in Docket No. 41097, is unaffected
by the de-averaging process.
(4) The per-line support amount that a company or cooperative
is eligible to receive in a specific exchange on December 31, 2017,
for purposes of a petition filed in accordance with subsection (f)(1)
of this section, is the per-line support amount for each exchange
determined through the de-averaging process set forth in this subsection.
(h) Reporting requirements. An ILEC ETP that receives
support in accordance with this section is subject to the reporting
requirements prescribed by §26.403(g) or §26.404(h) of this
title.
(i) Additional Financial Assistance. Nothing in this
section prohibits an ILEC or a cooperative that is not an electing
company under Chapter 58, 59, or 65 of PURA to apply for Additional
Financial Assistance in accordance with §26.408 of this title
(relating to Additional Financial Assistance (AFA)).
(j) Service to be supported. The services to be supported
in accordance with the section are subject to the same definitions
and limitations as those prescribed by §26.403(d) and §26.404(d)
of this title, in addition to any limitation ordered by the commission
in a contested case proceeding.
(k) Expiration of support to an ILEC ETP. On December
31, 2024, support to an ILEC ETP or cooperative must be reduced to
zero percent of the amount of support that the company is eligible
to receive on that date if the following conditions are met:
(1) The support to the ILEC ETP or cooperative has
been reduced to 25 percent of the amount of support the ILEC ETP or
cooperative was eligible to receive before December 31, 2022; and
(2) The ILEC ETP or cooperative has not submitted a
petition under subsection (f)(1) of this section.
(l) Relinquishment of support. An ETP may file a notice
with the commission of the ETP's relinquishment of the support it
is entitled to receive under this subchapter.
(1) After notice by the provider, the commission will
notify the TUSF administrator of the relinquishment and require the
TUSF administrator to terminate support to the provider.
(2) If the commission does not notify the TUSF administrator
before 90 days of the date the ETP filed the notice with the commission,
the ETP may stop receiving support 90 days from the date the ETP filed
notice with the commission.
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Source Note: The provisions of this §26.405 adopted to be effective December 21, 2014, 39 TexReg 9976; amended to be effective September 14, 2016, 41 TexReg 7076; amended to be effective December 21, 2023, 48 TexReg 7524 |