| (a) Purpose. This section provides the requirements
for the commission to designate telecommunications providers as eligible
telecommunications providers (ETPs) to receive funds from the Texas
Universal Service Fund (TUSF) under §26.403 of this title (relating
to the Texas High Cost Universal Service Plan (THCUSP)) and §26.404
of this title (relating to the Small and Rural Incumbent Local Exchange
Company (ILEC) Universal Service Plan). Only telecommunications providers
designated by the commission as ETPs qualify to receive universal
service support under these programs.
(b) Requirements for establishing ETP service areas.
(1) THCUSP service area. A THCUSP service area is based
upon wire centers (WCs) or other geographic area as determined appropriate
by the commission. A telecommunications provider may be designated
an ETP for any or all WCs that are wholly or partially contained within
its certificated service area. An ETP must serve an entire WC, or
other geographic area as determined appropriate by the commission,
unless its certificated service area does not encompass the entire
WC, or other geographic area as determined appropriate by the commission.
(2) Small and Rural ILEC Universal Service Plan service
area. A Small and Rural ILEC Universal Service Plan service area for
an ETP serving in a small or rural ILEC's territory must include the
entire study area of such small or rural ILEC.
(c) Criteria for designation of ETPs.
(1) Telecommunications providers. A telecommunications
provider, as defined in the Public Utility Regulatory Act (PURA) §51.002(10),
is eligible to receive TUSF support in accordance with §26.403
or §26.404 of this title in each service area for which it seeks
ETP designation if it meets the following requirements:
(A) the telecommunications provider has been designated
an eligible telecommunications carrier, in accordance with §26.418
of this title (relating to the Designation of Common Carriers as Eligible
Telecommunications Carriers to Receive Federal Universal Service Funds),
and provides the federally designated services to customers in order
to receive federal universal service support;
(B) the telecommunications provider defines its ETP
service area in accordance with subsection (b) of this section and
assumes the obligation to offer any customer within an exchange in
its ETP service area for which the provider receives support under
this section, basic local telecommunications services, as defined
in §26.403 of this title, at a rate not to exceed 150% of the
ILEC's tariffed rate;
(C) the telecommunications provider offers basic local
telecommunications services using either its own facilities, purchased
unbundled network elements (UNEs), or a combination of its own facilities,
purchased UNEs, or resale of another carrier's services;
(D) the telecommunications provider renders continuous
and adequate service within an exchange in its ETP service area for
which the provider receives support under this section, in compliance
with the quality of service standards defined in §26.52 of this
title (relating to Emergency Operations), §26.53 of this title
(relating to Inspections and Tests), and §26.54 of this title
(relating to Service Objectives and Performance Benchmarks);
(E) the telecommunications provider offers services
in compliance with §26.412 of this title (relating to Lifeline
Service Programs); and
(F) the telecommunications provider advertises the
availability of, and charges for, supported services using media of
general distribution.
(2) ILECs. If the telecommunications provider is an
ILEC, as defined in PURA §51.002(10), it must be eligible to
receive TUSF support in accordance with §26.403 of this title
in each service area for which it seeks ETP designation if it meets
the requirements of paragraph (1) of this subsection and the following
requirements:
(A) If the ILEC is regulated under Public Utility Regulatory
Act (PURA) Chapter 58 or 59 it must either:
(i) reduce rates for services determined appropriate
by the commission to an amount equal to its THCUSP support amount;
or
(ii) provide a statement that it agrees to a reduction
of its THCUSP support amount equal to its CCL, RIC and intraLATA toll
revenues.
(B) If the ILEC is not regulated under PURA Chapter
58 or 59 it must reduce its rates for services determined appropriate
by the commission by an amount equal to its THCUSP support amount.
(C) Any reductions in switched access service rates
for ILECs with more than 125,000 access lines in service in this state
on December 31, 1998, that are made in accordance with this section
must be proportional, based on equivalent minutes of use, to reductions
in intraLATA toll rates, and those reductions must be offset by equal
disbursements from the universal service fund under PURA §56.021(1).
This subparagraph expires August 31, 2007.
(d) Designation of more than one ETP.
(1) In areas not served by small or rural ILECs, as
defined in §26.404(b) of this title, the commission may designate,
upon application, more than one ETP in an ETP service area so long
as each additional provider meets the requirements of subsection (c)
of this section.
(2) In areas served by small or rural ILECs as defined
in §26.404(b) of this title, the commission may designate additional
ETPs if the commission finds that the designation is in the public
interest.
(e) Proceedings to designate telecommunications providers
as ETPs.
(1) At any time, a telecommunications provider may
seek commission approval to be designated an ETP for a requested service
area.
(2) To receive support under §26.403 or §26.404
of this title for exchanges purchased from an unaffiliated provider,
the acquiring ETP must file an application, within 30 days after the
date of the purchase, to amend its ETP service area to include those
geographic areas in the purchased exchanges that are eligible for
support.
(3) If an ETP receiving support under §26.403
or §26.404 of this title sells an exchange to an unaffiliated
provider, it must file an application, within 30 days after the date
of the sale, to amend its ETP designation to exclude those exchanges
for which it was receiving support from its designated service area.
(f) Requirements for application for ETP designation
and commission processing of application.
(1) Requirements for notice and contents of application
for ETP designation.
(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 designation, the proposed effective
date of the designation, and the following language: "Persons who
wish to comment on this application should notify the Public Utility
Commission 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. A telecommunications provider
seeking to be designated as an ETP for a high cost service area in
this state 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.
(i) Telecommunications providers. The application must:
(I) show that the applicant is a telecommunications
provider as defined in PURA §51.002(10);
(II) show that the applicant has been designated by
the commission as a telecommunications provider eligible for federal
universal service support and show that the applicant offers federally
supported services to customers under the terms of 47 United States
Code §214(e) (relating to Provision of Universal Service) in
order to receive federal universal service support;
(III) specify the THCUSP or small and rural ILEC service
area in which the applicant proposes to be an ETP, show that the applicant
offers each of the designated services, as defined in §26.403
of this title, throughout the THCUSP or small and rural ILEC service
area for which it seeks an ETP designation, and show that the applicant
assumes the obligation to offer the services, as defined in §26.403
of this title, to any customer in the THCUSP or small and rural ILEC
service area for which it seeks ETP designation;
(IV) show that the applicant does not offer the designated
services, as defined in §26.403 of this title, solely through
total service resale;
Cont'd... |
