(a) Application. Unless the context clearly indicates
otherwise, in this section the term "utility" or "public utility"
refers to a dominant carrier.
(b) Purpose. This section establishes standards for
the form, filing and review of a dominant certificated telecommunications
utility's (DCTU's) tariff.
(c) Effective tariff. A utility is prohibited from
directly or indirectly demanding, charging, or collecting any rate
or charge, or imposing any classifications, practices, rules, or regulations
different from those prescribed in its currently effective tariff
filed with and approved by the commission.
(d) Tariff required.
(1) A public utility, or an affiliate of the public
utility or a trade association on behalf of the public utility, must
file with the commission a tariff showing each rate that is subject
to the commission's jurisdiction and is in effect for a utility service,
product, or commodity offered by the utility. A current or proposed
tariff must:
(A) include a cover letter that lists each rule that
relates to or affects a rate of the utility, or a utility service,
product, or commodity furnished by the utility;
(B) be filed prior to or concurrently with an application
for certification, including a certificate amendment, under §26.111
(relating to Certificate of Operating Authority (COA) and Service
Provider Certificate of Operating Authority (SPCOA) Criteria); and
(C) as applicable, comply with the requirements of
this section and §26.208 of this title (relating to General Tariff
Procedures), §26.209 of this title (relating to New and Experimental
Services), or §26.211 of this title (relating to Rate-Setting
Flexibility for Services Subject to Significant Competitive Challenges).
(2) A public utility must also file each subsequent
tariff revision with the commission. Each revision must be accompanied
by a cover page which contains a list of pages being revised, a statement
describing each change, the effect of the change if it revises an
existing rate, and a statement describing the impact on rates of the
change for each customer class, if any. If a proposed tariff revision
constitutes an increase in existing rates of a particular customer
class, then the commission may require that notice be given.
(3) A telecommunications utility, upon the issuance
of a commission order determining that the telecommunications utility
is a dominant carrier, must file a tariff complying with the requirements
of this subsection. Such a tariff must be filed within the time specified
in the commission order, or within 60 days in the absence of such
a specification.
(e) Filing of public utility tariff by affiliate or
trade association. An affiliate of a public utility or trade association
may file a tariff or tariff revision under this section or other applicable
law, on behalf of a public utility.
(1) For each filing, the public utility must authorize
the affiliate of the nondominant carrier or trade association, via
written affidavit filed with the commission, to file such information
on its behalf.
(2) The authorization specified by paragraph (1) of
this subsection may be included in the filing by the affiliate of
the public utility or trade association.
(3) The filing by affiliate of the public utility or
trade association must comply with the requirements of this section
and other applicable law.
(f) Tariff filing requirements.
(1) The front page of the tariff must include the name
of the utility and location of its principal office and the type of
service rendered.
(2) Each rate schedule must clearly state the territory,
city, county, or exchange where the rate schedule applies.
(3) Tariff sheets must be numbered consecutively per
schedule. Each sheet must show an effective date, a revision number,
section number, sheet number, name of the utility, the name of the
tariff, and title of the section in a consistent manner. Sheets issued
under new numbers must be designated as original sheets. Sheets being
revised must show the number of the revision, and the sheet numbers
must be the same.
(g) Composition of tariffs. A tariff must contain sections
setting forth:
(1) a table of contents;
(2) a preliminary statement containing a brief description
of the utility's operations;
(3) a list of the cities, exchanges, and counties in
which service is provided;
(4) the rate schedules; and
(5) the service rules and regulations, including forms
of the service agreements.
(h) Tariff filings in response to commission orders.
A tariff filed in response to a commission order must include a transmittal
letter affirming that the tariff is in compliance with the order,
provide the control number, date of the order, a list of tariff sheets
filed, and any other necessary information. The tariff sheets must
comply with all other rules of this title and must include only the
changes ordered. The effective date or wording of the tariffs must
comply with the provisions of the order.
(i) Symbols for changes. Each proposed tariff sheet
must contain notations in the right-hand margin indicating each change
made. Notations to be used are: (C) to denote a change in regulations;
(D) to denote discontinued rates or regulations; (E) to denote the
correction of an error made during a revision, such as the revision
which resulted in the error must be one connected to some material
contained in the tariff prior to the revision; (I) to denote a rate
increase; (N) to denote a new rate or regulation; (R) to denote a
rate reduction; and (T) to denote a change in text, but no change
in rate or regulation. Each changed provision in the tariff must contain
a vertical line in the right-hand margin of the page which clearly
shows the exact number of lines being changed.
(j) Availability of tariffs. Each utility must make
available to the public electronically and at each of its business
offices or designated sales offices within Texas, each tariff that
is currently on file with the commission. The utility must assist
persons seeking information on its tariffs and permit such persons
the opportunity to examine any tariff upon request. The utility must
also provide copies of each of its tariffs at a reasonable cost.
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