| (a) Application. This section establishes the process
for commission review of a dominant certificated telecommunications
utility (DCTU) tariff and tariff amendments. A DCTU must meet the
requirements of this section to file a new tariff or amend an existing
tariff to which this section applies, including changes to a rate
or service, the types of service provided, jurisdiction or service
area, or for the withdrawal of a service. For purposes of this section,
the term "trade association" means a cooperative and voluntarily joined
association of business or professional competitors in this state
designed to assist its members and its industry or profession in dealing
with mutual business or professional problems and in promoting their
common interest.
(1) This section applies to a DCTU and to an affiliate
of a DCTU or a trade association that elects to file or amend a tariff
on a DCTU's behalf, and to each tariff filed by those entities in
accordance with §26.207 of this title (relating to Form and Filing
of Tariffs) and the following provisions, as applicable:
(A) section 26.209 of this title (relating to New and
Experimental Services) or §26.210 of this title (relating to
Promotional Rates for Local Exchange Company Services), if determined
to be necessary by the presiding officer; or
(B) section 26.211 of this title (relating to Rate
Setting Flexibility for Services Subject to Significant Competitive
Challenges).
(2) This section does not apply to a person, or a tariff
submitted by a person, to which §26.89 of this title (relating
to Nondominant Carriers' Obligations Regarding Information on Rates
and Services) or §26.171 of this title (relating to Small Incumbent
Local Exchange Company Regulatory Flexibility) applies.
(3) For purposes of this section, "major rate change"
means an increase in rates that would increase the aggregate revenues
of an applicant more than $100,000 or two and a half percent, whichever
is greater. The term does not include an increase in rates approved
by the commission, or otherwise ordered by the commission after hearings
are held with public notice.
(b) General tariff requirements.
(1) DCTU tariff amendments involving a major rate change.
For a tariff amendment involving a major rate change, an applicant
must meet the following requirements prior to amending its tariff.
(A) File an application with the commission at least
35 days before the effective date of the proposed change to the DCTU's
tariff;
(B) Provide notice to affected persons, including each
municipality and customer affected by the change, in the manner prescribed
by subsection (c) of this section, or as otherwise required by the
presiding officer; and
(C) If applicable, publish notice of the DCTU's intent
to change rates in accordance with PURA §53.103, as provided
under subsection (c)(1)(C)(i) and (ii) of this section. Notice under
this subparagraph is waived if the rate change only involves a rate
reduction.
(2) Non-major rate changes and other DCTU tariff amendments.
For a tariff amendment that does not involve a rate change under paragraph
(1) of this subsection, a DCTU must meet the following requirements
prior to amending its tariff:
(A) File an application with the commission at least
35 days before the effective date of the proposed change to the DCTU's
tariff; and
(B) Provide notice to affected persons in the manner
prescribed by subsection (c) of this section or as otherwise required
by the presiding officer. An applicant may request a waiver to this
requirement if the tariff amendments are of an administrative or clerical
nature, or have minimal or no impact to the public, as determined
by the presiding officer.
(c) Public notice. An application must include plans
to provide public notice of the tariff filing.
(1) General requirements for public notice.
(A) Prior to the issuance of notice, an applicant may
request, or the presiding officer may require, the contents of the
notice to be reviewed and approved by the presiding officer.
(B) Notice must be written in plain language and must
contain sufficient detail to provide each affected person, including
each affected municipality, adequate notice of the filing.
(C) Notice may be provided electronically unless otherwise
required by the presiding officer or, if the application involves
a major rate change, in accordance with PURA §53.103, which requires
the applicant to:
(i) publish, in a conspicuous form and place, notice
to the public of the proposed change once each week for four successive
weeks before the effective date of the proposed change in a newspaper
having general circulation in each county containing territory affected
by the proposed change; and
(ii) mail notice of the proposed change to any other
affected person as required by the commission's rules.
(D) The presiding officer may require notice to be
provided to the public in addition to that proposed by the DCTU.
(2) Content of public notice. Public notice of the
application must include at a minimum:
(A) a description of each service or proposed service
and each applicable rate;
(B) the proposed effective date of the service or,
if the service is promotional or experimental, the time period during
which the promotional rates are proposed to be in effect;
(C) each customer class likely to be affected if the
application is approved;
(D) the probable effect on the DCTU's revenues if the
service is approved; and
(E) the following language: "Persons with questions
or who want more information on this application may contact (DCTU
name) at (DCTU address) or call (DCTU toll-free telephone number)
during normal business hours. A complete copy of the application is
available for inspection at the address listed above. The commission
has assigned Control Number (provided by DCTU) to this application,
located at (hyperlink to application). Persons who wish to formally
participate in the commission's proceedings concerning this application,
or who wish to express their comments concerning this application
should contact the Public Utility Commission of Texas, Consumer Protection
Division, P.O. Box 13326, Austin, Texas 78711-3326, or call the Public
Utility Commission's Office of Consumer Protection at (512) 936-7120
or, toll free, at (888) 782-8477. Hearing- and speech-impaired individuals
may contact the commission through Relay Texas at (800) 735-2989.
Requests to participate in the proceedings and comments should reach
the commission no later than (date, 20 days after the application
was filed)."
(d) Proof of notice. An application must include a
statement indicating the date public notice was completed in accordance
with subsection (c) of this section and a copy of the issued notice.
(e) Effective date of tariff amendment.
(1) General standard.
(A) The effective date of an applicant's tariff must
be no earlier than 35 days after the date a sufficient application
is approved by the presiding officer.
(B) On the presiding officer's own motion or at the
request of the applicant, an alternative effective date may be established
unless a specific effective date is required under this section or
other law.
(2) Early effective date. Upon a showing of good cause
by the applicant, the presiding officer may approve a sufficient application,
other than an application involving a major rate change, to take effect
prior to the 35-day period prescribed by paragraph (1) of this subsection.
(A) The presiding officer may establish additional
conditions, such as notice, that an applicant must meet prior to granting
an early effective date. Any additional conditions prescribed by the
presiding officer are subject to suspension of the effective date
under paragraph (4) of this subsection.
(B) Upon approval of an early effective date by the
presiding officer, the applicant must immediately revise the tariff
to include the change.
(3) Recalculation of effective date upon cure of an
insufficient application. Upon the filing of an application curing
each deficiency specified by the presiding officer, any deadlines
must be determined from the date the application is deemed sufficient
or from the effective date if the presiding officer extends that date.
(4) Suspension of effective date. For an application
involving a rate change, the commission may suspend the effective
date of the tariff change for 150 days after the requested effective
date.
(A) In the event that a hearing on the merits exceeds
15 working days, the suspended effective date is extended two calendar
days for each working day the hearing exceeds 15 working days.
Cont'd... |
