| (ii) discontinue the service.
(D) The commission shall dismiss a complaint filed
prior to the filing of an informational notice on the grounds that
the commission lacks jurisdiction to hear the complaint.
(E) The commission shall consider any complaint alleging
that the pricing of a regulated service does not meet the pricing
standards of PURA and commission substantive rules, which is filed
31 or more days after the implementation date of the tariff, to be
untimely.
(F) All complaints shall be docketed and governed by
the commission's procedural rules and shall be filed and reviewed
pursuant to the following requirements:
(i) Complaints shall be captioned: COMPLAINT BY {NAME
OF COMPLAINANT} REGARDING TARIFF CONTROL NUMBER(S) {NUMBER(S)} {STYLE
OF TARIFF CONTROL NUMBER}.
(ii) Processing. The commission shall assign each complaint
filed with respect to an informational notice a unique control number.
The presiding officer shall cause a copy of each complaint, bearing
the assigned control number, to be filed in the relevant tariff control
number(s) for the related informational notice(s).
(G) The commission staff shall have standing in all
proceedings related to informational notice filings before the commission,
and may intervene by filing a notice of intervention at any time prior
to determination on the merits. No motion is necessary for such intervention.
(H) A complaint filed pursuant to this section shall
be considered to be an exception to the informal resolution requirements
of procedural rule §22.242(c) of this title (relating to Complaints).
(5) Interim relief. All tariffs introduced by informational
notice filings will remain in effect during the pendency of any complaint
unless interim relief suspending the tariff is granted pursuant to
this subsection.
(A) Any request that a tariff be suspended during the
pendency of a complaint must meet the following requirements:
(i) the pleading must state an appropriate and bona
fide cause of action;
(ii) the pleading must be verified or supported with
affidavits based on personal knowledge; and
(iii) the pleading must set forth the following elements:
probable right of recovery, probable and irreparable injury in the
interim, and no adequate alternative remedy.
(B) The presiding officer shall schedule a hearing
on interim relief in the form of suspension of a tariff on an expedited
basis.
(C) The burden of proof shall be upon the complainant
with respect to each element of proof necessary to obtain any interim
relief requested by the complainant.
(h) A telecommunications provider that is not subject
to rate-of-return regulation under PURA, Chapter 53:
(1) may, but is not required to, maintain on file with
the commission tariffs, price lists, or customer service agreements
in relation to services that are not subject to regulation without
commission approval;
(2) may make changes in its tariffs, price lists, and
customer service agreements in relation to services that are not subject
to regulation without commission approval; and
(3) may cross-reference its federal tariff in its state
tariff if its intrastate switched access rates are the same as its
interstate switched access rates.
(i) A telecommunications provider may withdraw a tariff,
price list, or customer service agreement not required to be filed
or maintained with the commission under this section if the provider:
(1) files written notice of the withdrawal with the
commission; and
(2) notifies its customers of the withdrawal and posts
the current tariffs, price lists, or generic customer service agreements
on its Internet website.
|
| Source Note: The provisions of this §26.229 adopted to be effective October 23, 2000, 25 TexReg 10556; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective April 7, 2014, 39 TexReg 2499 |
