(a) Purpose. The purpose of this section is to establish
the market tests to be applied in determining if markets with populations
less than 100,000 should remain regulated.
(b) Application. This section applies to all incumbent
local exchange companies (ILECs), as defined in §26.5 of this
title (relating to Definitions).
(c) Market Test. Markets as defined in PURA §65.002
with a population of less than 100,000 shall be deregulated only if
the ILEC providing services to such a market submits evidence demonstrating
that the population in the market is less than 100,000 and in addition
to the ILEC there are at least two competitors operating in all or
part of the market that:
(1) are unaffiliated with the ILEC; and
(2) provide voice communications service without regard
to the delivery technology, including through:
(A) Internet Protocol or a successor protocol;
(B) satellite; or
(C) a technology used by a wireless provider or a commercial
mobile service provider, as that term is defined by PURA §64.201.
(d) Market Test Procedures.
(1) An ILEC may petition the commission to deregulate
a market of the ILEC that the commission previously determined should
remain regulated.
(2) Only the ILEC may initiate a proceeding to deregulate
one of its markets. Not later than the 90th day after the date the
commission receives the petition, the commission shall:
(A) determine whether the regulated market should remain
regulated; and
(B) issue a final order classifying the market in accordance
with this section.
(3) If the commission deregulates a market that results
in a regulated or transitioning company no longer meeting the definition
of a regulated or transitioning company, the commission shall issue
an order reclassifying the company as a transitioning company or deregulated
company, as those terms are defined by PURA §65.002.
(e) Rural Exemption Waiver. In the event that an ILEC
seeking deregulation of a market area with a population of less than
100,000 has a rural exemption as provided for in 47 U.S.C §251(f)(1)
"Exemption For Certain Rural Telephone Companies" of the Communications
Act of 1934, a petition for the removal of that rural exemption for
that market must be approved by the commission in order for the market
in question not to remain regulated. In addition, any such market
must meet the conditions of the market test set forth in subsection
(c) of this section.
(f) Timing.
(1) After September 1, 2011, an ILEC petitioning for
deregulation of a market with a population of less than 100,000 shall
submit with its petition the evidence in compliance with subsection
(c) of this section and, if applicable, subsection (e) of this section.
(2) A market deregulated as of September 1, 2011, shall
remain deregulated.
(3) The commission may not reregulate a market or company
that has been deregulated.
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