(a) Purpose. The provisions of this section establish
the procedures for the commission to designate an eligible telecommunications
provider (ETP) to provide voice-grade services to permanent residential
or business premises that are not included within the certificated
area of a holder of a certificate of convenience and necessity (CCN),
and for the reimbursement of costs from the Texas Universal Service
Fund (TUSF).
(b) Definitions. The following words and terms, when
used in this section, shall have the following meaning unless the
context clearly indicates otherwise:
(1) Designated provider--A telecommunications provider
designated by the commission to provide services to premises located
within an uncertificated area
(2) Eligible telecommunications provider (ETP)--A telecommunications
provider designated by the commission pursuant to §26.417 of
this title (relating to Designation as Eligible Telecommunications
Providers to Receive Texas Universal Service Funds (TUSF)).
(3) Permanent residential or business premises--A premises
that has permanent facilities for water, wastewater, and electricity.
(4) Preferred provider--A designated provider for any
permanent residential or business premises within reasonable proximity
to those petitioning premises for later petitions filed under §26.422
of this title (relating to Subsequent Petitions for Service in Uncertificated
Areas).
(c) Application. This section applies to telecommunications
providers that have been designated ETPs by the commission pursuant
to §26.417 of this title. This section does not apply to a deregulated
company holding a certificate of operating authority or to an exempt
carrier under Public Utility Act (PURA) §52.154.
(d) Petition for service.
(1) Eligibility. Persons residing in permanent residential
premises or owners of permanent residential or business premises that
are not included within the certificated area of a holder of a CCN
may petition the commission to designate an ETP to provide to those
premises voice-grade services supported by state and federal universal
service support mechanisms.
(2) Contents of petition. A petition for designation
of an ETP must:
(A) State with reasonable particularity the locations
of the permanent residential or business premises for which the petitioner(s)
are requesting service;
(B) Establish that the premises are within reasonable
proximity to one another so that the petitioners possess a sufficient
community of interest;
(C) Nominate as potential providers of service, not
more than five telecommunications providers serving territory that
is contiguous to the location of the permanent residential or business
premises using wireless or wireline facilities, resale, or unbundled
network elements; and
(D) Include as an attachment or an appendix, documentation
indicating the required residence or ownership, such as a state-issued
license or identification, tax records, deeds, or voter registration
materials.
(3) Eligibility of petitioner(s). Except as provided
by paragraph (4) of this subsection, the petition must be signed by
at least five persons who:
(A) Are not members of the same household;
(B) Reside in the permanent residential premises or
are the owners of the permanent residential or business premises for
which service is sought;
(C) Desire service to those premises;
(D) Commit to pay the aid to construction charges for
service to those premises as determined by the commission; and
(E) Commit to enter into an assignable agreement for
subscription to basic local service to the premises for a period of
time determined by the commission.
(4) Number of petitioners. The commission may accept
a petition that is signed by fewer than five persons if the petitioner(s)
provides an affidavit stating that the petitioner(s) has taken all
reasonable steps to secure the signatures of the residents of permanent
residential premises or the owners of permanent residential or business
premises within reasonably close proximity to the petitioner's premises
who are not receiving telephone service when the petition is filed
and who want telephone service initiated.
(5) Form. The petitioner(s) shall file the petition
using the commission-approved forms.
(e) Completeness of petition.
(1) Commission action. Upon receipt of a petition,
the commission shall review the petition for completeness. Within
15 working days from the date of receipt of the petition, the commission
shall determine if the petition is complete and has been filed consistent
with subsection (d) of this section.
(2) Petition complete. If the commission determines
the petition is complete, the commission will send a notice of completeness
to the petitioner(s), to all telecommunications providers identified
in the petition, and if not otherwise notified, to the incumbent local
exchange carriers serving the contiguous exchanges. In the notice,
the commission shall seek volunteers to provide telecommunications
services in the permanent residential or business premises. The commission
shall also include with the notice a copy of the petition. The commission
shall publish notice of the petition and the notice of completeness
in the Texas Register.
(3) Petition denied. If a petition is denied, the commission
shall send a notice of denial explaining the reason(s) for denial
to the petitioner(s).
(f) Responding to notice of completeness.
(1) Response. Telecommunication providers shall respond
to the commission's notice of completeness and request for volunteers
within 30 days after receipt of the notice. A provider may respond
by:
(A) Stating that it is not eligible to be designated
to serve the premises under this section;
(B) Volunteering to provide service to the premises;
or
(C) Refusing to volunteer to provide service to the
premises.
(2) Volunteering to serve. A provider volunteering
to provide service to the premises shall respond to the commission
by providing a proposal that includes:
(A) An affidavit duly signed by an officer of the company;
(B) A description of the technology proposed for deployment;
(C) An estimate of the costs for deployment and the
recurring monthly costs of service; and
(D) An estimated timeline for deployment of facilities
and a date by which service will be extended to the premises.
(3) Commission action. Upon receipt of a volunteering
provider's proposal, the commission may:
(A) Approve a proposal administratively and permit
the ETP to serve the uncertificated area and recover its costs pursuant
to subsection (j) of this section; or
(B) Reject a proposal and proceed to a hearing pursuant
to subsection (g) of this section.
(g) Evidentiary hearing. If the petition cannot be
processed administratively, the commission shall conduct an evidentiary
hearing to determine:
(1) If an ETP is willing to be designated to provide
service to the petitioner(s); or
(2) The ETP that is best able to serve the petitioner(s).
(h) Commission decision. The commission should consider
all relevant factors, including, but not limited to:
(1) The original cost to be incurred by a designated
provider to deploy service to the petitioning premises, and the effect
of reimbursement of those costs on the state universal service fund;
(2) The number of access lines requested by the petitioners
for the petitioning premises;
(3) The size of the geographic territory in which the
petitioning premises are included;
(4) The proximity of existing facilities and the existence
of a preferred designated provider under the Public Utility Regulatory
Act (PURA) §56.213; and
(5) Any technical barriers to the provision of service.
(i) Commission order. The commission shall issue an
order granting or denying a petition within 180 days of the filing
of the petition. In any order granting a petition the commission shall
include the following:
(1) Description of the facilities to be deployed;
(2) Estimated costs of deployment;
(3) Aid to construction fee to be paid by the petitioner(s),
not to exceed $3,000;
(4) Monthly recurring charge to be paid by the petitioner(s);
(5) Estimated cost to be recovered from the TUSF;
(6) Recurring, monthly per line fee to be recovered
from the TUSF;
(7) Date by which services must be extended to the
premises; and
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