| (a) Scope and Purpose. This section provides the requirements
for the commission to designate certificated providers of local exchange
telephone service that provide this service solely through the resale
of an incumbent local exchange carrier's (ILEC) services as an eligible
telecommunications provider (ETP) for the specific purpose of receiving
funds for Lifeline Service from the Texas Universal Service Fund (TUSF)
under §26.412 of this title (relating to the Lifeline Service
Program). Only resale ETPs as defined by §26.412(b)(2) of this
title must qualify to receive universal service support under this
program.
(b) Requirements for establishing ETP service areas.
(1) Texas High Cost Universal Service Plan (THCUSP)
service area. A THCUSP service area must be 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 contained within its certificated service area. An ETP must
serve an entire WC or other geographic area as determined appropriate
by the commission.
(2) Small and Rural ILEC Universal Service Plan (SRIUSP)
service area. A SRIUSP 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. A resale ETP
as defined by §26.412(b)(2) of this title must be eligible to
receive TUSF support in accordance with§26.412 of this title
for Lifeline Service only in each service area of a large company
(THCUSP) or the study area of a small company (SRIUSP) for which it
seeks ETP designation if it meets the following requirements:
(1) the Resale ETP defines its ETP service area in
accordance with subsection (b) of this section and assumes the obligation
to offer service to any customer in its ETP service area;
(2) offers Lifeline Services as provided by 47 C.F.R.
Part 54, Subpart E; and
(3) advertises the availability of, and the charges
for, supported services using media of general distribution.
(d) Requirements for application for Resale ETP designation
and commission processing of application.
(1) Requirements for notice and contents of application
for Resale 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 certificated provider
of local exchange telephone service seeking to be designated as a
resale ETP 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) demonstrate that the applicant is a certificated
provider of local exchange telephone service that resells basic local
telecommunication services, as defined in §26.403 of this title
(relating to Texas High Cost Universal Service Plan (THCUSP));
(ii) demonstrate that the applicant assumes the obligation
to offer Lifeline Services, as defined in §26.412 of this title,
to any customer in its certificated service area;
(iii) demonstrate that the applicant will advertise
the availability of and the charges for designated services, as defined
in §26.403 of this title, using media of general distribution;
(iv) contain a statement detailing the content of the
notice the applicant proposes for publication in the Texas Register
regarding the application as well as a brief statement explaining
why the proposed notice is reasonable and that it complies with applicable
law;
(v) provide a copy of the text of the notice;
(vi) state the proposed effective date of the designation;
and
(vii) provide any other information the applicant wants
considered in connection with the commission's review of its application.
(2) Commission processing of application.
(A) Administrative review. An application considered
under this section is eligible for administrative review unless the
certificated provider of local exchange telephone service requests
the application be docketed or the presiding officer, for good cause,
determines at any point during the review that the application should
be docketed.
(i) The effective date of the Resale ETP designation
must be no earlier than 30 days after notice is published in the Texas
Register.
(ii) The application will be reviewed for sufficiency.
If the presiding officer concludes that material deficiencies exist
in the application, the applicant will be notified within ten working
days of the filing date of the specific deficiency in its application.
The earliest possible effective date of the application will be no
earlier than 30 days after notice is published in the Texas Register.
(iii) While the application is being administratively
reviewed, commission staff and OPUC may submit requests for information
to the applicant. Three copies of all answers to such requests for
information must be provided to commission staff and OPUC within ten
days after receipt of the request by the applicant.
(iv) No later than 20 days after the completion of
notice, interested persons may provide written comments or recommendations
concerning the application to the commission staff. Commission staff
must and OPUC may file with the presiding officer written comments
or recommendations regarding the application.
(v) No later than 35 days after the proposed effective
date of the application, the presiding officer must issue an order
approving, denying, or docketing the application.
(B) Approval of application. The application will be
approved by the presiding officer if it meets all the following requirements:
(i) The provision of service constitutes basic local
telecommunications service as defined in §26.403 of this title
and Lifeline Service as defined in §26.412 of this title.
(ii) Notice was provided as required by this section.
(iii) The applicant has met the requirements contained
in this subsection.
(iv) The ETP designation is consistent with the public
interest in a technologically advanced telecommunications system and
consistent with the preservation of universal service.
(C) Docketing. If, based on the administrative review,
the presiding officer determines that one or more of the requirements
has not been met, the presiding officer will docket the application.
The requirements of this subsection may not be waived.
(D) Review of the application after docketing. If the
application is docketed, the effective date of the application will
be automatically suspended until an order is issued in the proceeding
granting the application. Three copies of all answers to requests
for information must be filed with the commission within ten days
after receipt of the request. Affected persons may move to intervene
in the docket, and a hearing on the merits will be scheduled. A hearing
on the merits will be limited to issues of eligibility. The application
will be processed in accordance with the commission's rules applicable
to docketed cases.
(e) Relinquishment of ETP designation. A certificated
provider of local exchange telephone service may seek to relinquish
its ETP designation. The relinquishment of an ETP designation does
not relieve the certificated provider from its obligation to provide
Lifeline Service.
(f) Relinquishment for non-compliance. The TUSF administrator
must notify the commission when the TUSF administrator is aware that
a resale ETP is not in compliance with the requirements of subsection
(c) of this section. The commission will revoke the ETP designation
of any resale ETP determined not to be in compliance with subsection
(c) of this section.
(g) Requirements for annual affidavit of compliance
to receive TUSF support. A resale ETP serving a rural or non-rural
study area must comply with the following requirements for annual
compliance for the receipt of TUSF support for Lifeline Services:
(1) Annual Affidavit of Compliance. On or before September
1 of each year, a resale ETP that receives disbursements from the
TUSF must file with the commission an affidavit certifying that the
ETP is in compliance with the requirements for receiving money from
the universal service fund and requirements regarding the use of money
from each TUSF program from which the telecommunications provider
receives disbursements.
(2) Filing Affidavit. The affidavit used must be the
annual compliance affidavit approved by the commission.
|
