(a) Purpose. This section provides the requirements
for the commission to designate common carriers as eligible telecommunications
carriers (ETCs) to receive support from the federal universal service
fund (FUSF) in accordance with 47 United States Code (U.S.C.) §214(e)
(relating to Provision of Universal Service). In addition, this section
provides guidelines for rural and non-rural carriers to meet the federal
requirements of annual certification for FUSF support criteria and,
if requested or ordered, for the disaggregation of rural carriers'
FUSF support.
(b) Application. This section applies to a common carrier
seeking designation as an ETC, except for commercial mobile radio
service (CMRS) resellers. A CMRS reseller may not seek designation
from the commission, but instead may seek designation as an ETC by
the Federal Communications Commission (FCC). This section also applies
to a common carrier that has been designated by the commission as
an ETC, including a CMRS reseller. Subsection (i) of 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.
(c) Service areas. The commission may designate ETC
service areas according to the following criteria.
(1) Non-rural service area. To be eligible to receive
federal universal service support in non-rural areas, a carrier must
provide federally supported services in accordance with 47 Code of
Federal Regulations (C.F.R.) §54.101 (relating to Supported Services
for Rural, Insular, and High Cost Areas) throughout the area for which
the carrier seeks to be designated an ETC.
(2) Rural service area. In the case of areas served
by a rural telephone company, as defined in §26.404 of this title
(relating to Small and Rural Incumbent Local Exchange Company (ILEC)
Universal Service Plan), a carrier must provide federally supported
services in accordance with 47 C.F.R. §54.101 throughout the
study area of the rural telephone company in order to be eligible
to receive federal universal service support.
(d) Criteria for determination of ETCs. A common carrier
must be designated as eligible to receive federal universal service
support if it:
(1) offers the services that are supported by the federal
universal service support mechanisms under 47 C.F.R. §54.101
either using its own facilities or a combination of its own facilities
and resale of another carrier's services; and
(2) advertises the availability of and charges for
such services using media of general distribution.
(e) Criteria for determination of receipt of federal
universal service support. In order to receive federal universal service
support, a common carrier must:
(1) meet the requirements of subsection (d) of this
section;
(2) offer Lifeline Service to qualifying low-income
consumers in compliance with 47 C.F.R. Part 54, Subpart E (relating
to Universal Service Support for Low-Income Consumers); and
(3) offer toll limitation services in accordance with
47 C.F.R. §54.400 (relating to Terms and Definitions) and §54.401
(relating to Lifeline Defined).
(f) Designation of more than one ETC.
(1) Non-rural service areas. In areas not served by
rural telephone companies, as defined in §26.404 of this title,
the commission will designate, upon application, more than one ETC
in a service area so long as each additional carrier meets the requirements
of subsection (c)(1) and (d) of this section.
(2) Rural service areas. In areas served by rural telephone
companies, as defined in §26.404 of this title, the commission
may designate as an ETC a carrier that meets the requirements of subsection
(c)(2) and (d) of this section if the commission finds that the designation
is in the public interest.
(g) Proceedings to designate ETCs.
(1) At any time, a common carrier may seek commission
approval to be designated an ETC for a requested service area.
(2) To receive support under this section for exchanges
purchased from an unaffiliated carrier, the acquiring ETC must file
an application, within 30 days after the date of the purchase, to
amend its ETC service area to include those geographic areas that
are eligible for support.
(3) If an ETC receiving support under this section
sells an exchange to an unaffiliated carrier, it must file an application,
within 30 days after the date of the sale, to amend its ETC designation
to exclude from its designated service area those exchanges for which
it was receiving support.
(h) Application requirements and commission processing
of applications.
(1) Requirements for notice and contents of application.
(A) Notice of application. Notice must be published
in the Texas Register. The presiding officer may require additional
notice. Unless otherwise required by the presiding officer or by law,
the notice must include at a minimum a description of the service
area for which the applicant seeks eligibility, the proposed effective
date of the designation, and the following statement: "Persons who
wish to comment on this application should notify the Public Utility
Commission of Texas by (specified date, ten days before the proposed
effective date). Requests for further information should be mailed
to the Public Utility Commission of Texas, P.O. Box 13326, Austin,
Texas 78711-3326, or you may call the PUCT Consumer Protection Division
at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired
individuals may contact the commission through Relay Texas at (800)
735-2989."
(B) Contents of application for each common carrier
seeking ETC designation. A common carrier that seeks to be designated
as an ETC must file with the commission an application complying with
the requirements of this section. A copy of the application must be
delivered to the Office of Public Utility Counsel (OPUC). The application
must:
(i) show that the applicant offers each of the services
that are supported by the FUSF support mechanisms under 47 U.S.C. §254(c)
(relating to Universal Service) either using its own facilities or
a combination of its own facilities and resale of another carrier's
services throughout the service area for which it seeks designation
as an ETC;
(ii) show that the applicant assumes the obligation
to offer each of the services that are supported by the FUSF support
mechanisms under 47 U.S.C. §254(c) to any consumer in the service
area for which it seeks designation as an ETC;
(iii) show that the applicant advertises the availability
of, and charges for, such services using media of general distribution;
(iv) show the service area in which the applicant seeks
designation as an ETC;
(v) contain a statement detailing the method and content
of the notice the applicant has provided or intends to provide to
the public regarding the application and a brief statement explaining
why the proposed notice is reasonable and in compliance with applicable
law;
(vi) contain a copy of the text of the notice;
(vii) contain the proposed effective date of the designation;
and
(viii) contain any other information which the applicant
wants considered in connection with the commission's review of its
application.
(C) Contents of application for each common carrier
seeking ETC designation and receipt of federal universal service support.
A common carrier that seeks to be designated as an ETC and receive
federal universal service support must file with the commission an
application complying with the requirements of this section. A copy
of the application must be delivered to the Office of Public Utility
Counsel. The application must:
(i) comply with the requirements of subparagraph (B)
of this paragraph;
(ii) show that the applicant offers Lifeline Service
to qualifying low-income consumers in compliance with 47 C.F.R. Part
54, Subpart E; and
(iii) show that the applicant offers toll limitation
services in accordance with 47 C.F.R. §54.400 and §54.401.
(2) Commission processing of application.
(A) Administrative review. An application considered
under this section is eligible for administrative review unless the
presiding officer, for good cause, determines at any point during
the review that the application should be docketed.
(i) The effective date will be no earlier than 30 days
after the filing date of the application or 30 days after notice is
completed, whichever is later.
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