(a) Purpose. This section, in conjunction with the
audit, eligibility, public reporting, and affidavits of compliance
requirements set forth throughout this subchapter, establishes procedures
to ensure reasonable transparency and accountability in the administration
of the Texas Universal Service Fund (TUSF).
(b) Application.
(1) This section applies to a telecommunications provider
that has been designated as an eligible telecommunications provider
(ETP) by the commission pursuant to §26.417 of this title (relating
to Designation as Eligible Telecommunications Providers to Receive
Texas Universal Service Funds (TUSF)). Subsections (c) and (d) of
this section apply to a telecommunications provider that has been
designated, or has applied after June 30, 2013 to be designated by
the commission as an eligible telecommunications carrier (ETC) pursuant
to §26.418 of this title (relating to Designation of Common Carrier
as Eligible Telecommunications Carriers to Receive Federal Universal
Service Funds).
(2) All filings made with the commission pursuant to
this section, including a filing subject to a claim of confidentiality,
shall be filed with the commission's Filing Clerk in accordance with
the commission's Procedural Rules, Chapter 22, Subchapter E of this
title (relating to Pleadings and other Documents).
(c) Reports required for a price cap carrier designated
as an ETP and as an ETC that receives federal USF high cost support.
This subsection applies to an ETP that has been designated as an ETC
that receives federal high cost support and has been designated as
a price cap carrier by the Federal Communications Commission (FCC).
(1) By July 1, 2013, a telecommunications provider
that has been designated as an ETC shall file a five-year plan that
describes with specificity proposed improvements or upgrades to the
ETC's network throughout its service area or proposed service area.
The information shall be submitted at the wire center level for a
carrier receiving high cost support and on a census block level for
a carrier receiving Mobility Fund support. The ETC shall estimate
the area (expressed in square miles) and population that will be served
as a result of the improvements for each wire center or census block
as appropriate. An ETC that has been granted a limited ETC for purposes
of providing Lifeline only, pursuant to 47 C.F.R. Part 54 Subpart
E, is not required to submit a five-year plan. Any telecommunications
provider that applies for ETC designation after June 30, 2013 shall
submit a five-year plan with its ETC application.
(2) By July 1 of each subsequent year after filing
its five-year plan pursuant to paragraph (1) of this subsection, each
ETC shall submit a progress report on its five-year plan, including
maps detailing its progress towards meeting its plan targets, an explanation
of how much universal service support was received and how it was
used to improve service quality, coverage, or capacity, and an explanation
regarding any network improvement targets that have not been fulfilled
in the prior calendar year. The information shall be submitted at
the wire center level or census block as appropriate.
(d) Reports required for a rate of return carrier,
competitive local exchange carrier (CLEC), or wireless carrier designated
as an ETP and as an ETC that receives federal USF high cost support.
This subsection applies to an ETP that has been designated as an ETC
that receives federal high cost support and that has been designated
as a rate of return carrier, competitive local exchange carrier, or
wireless carrier by the FCC.
(1) By July 1, 2013, a telecommunications provider
that has been designated as an ETC shall file a five-year plan that
describes with specificity proposed improvements or upgrades to the
ETC's network throughout its service area or proposed service area.
The information shall be submitted at the wire center level for a
carrier receiving high cost support and on a census block level for
carriers receiving Mobility Fund support. The ETC shall estimate the
area (expressed in square miles) and population that will be served
as a result of the improvements for each wire center or census block
as appropriate. An ETC that has been granted a limited ETC for purposes
of providing Lifeline only, pursuant to 47 C.F.R. Part 54 Subpart
E, is not required to submit a five-year plan. Any telecommunications
provider that applies for ETC designation after June 30, 2013 shall
submit a five-year plan with its ETC application.
(2) By July 1 of each subsequent year after filing
its five-year plan pursuant to paragraph (1) of this subsection, each
ETC shall submit a progress report on its five-year plan, including
maps detailing its progress towards meeting its plan targets, an explanation
of how much universal service support was received and how it was
used to improve service quality, coverage, or capacity, and an explanation
regarding any network improvement targets that have not been fulfilled
in the prior calendar year. The information shall be submitted at
the wire center level or census block as appropriate.
(e) Reports made public by the commission. For each
State fiscal quarter, no later than the 45th day after the end of
the preceding quarter, the commission shall make the following information
publicly available on the commission's website:
(1) A cash flow statement for the overall TUSF indicating
starting balance, total revenues, disbursements for each program described
in §26.401(b) of this title (relating to Texas Universal Service
Plan (TUSF)), and ending balance; and
(2) Total disbursements from the TUSF to each recipient
company or organization for each program described in §26.401(b)
of this title.
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