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TITLE 16ECONOMIC REGULATION
PART 2PUBLIC UTILITY COMMISSION OF TEXAS
CHAPTER 26SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
SUBCHAPTER AGENERAL PROVISIONS
RULE §26.5Definitions

The following words and terms, when used in this chapter have the following meanings, unless the context indicates otherwise:

  (1) Access customer--Any user of access services which are obtained from a certificated telecommunications utility (CTU).

  (2) Access services--CTU services which provide connections for or are related to the origination or termination of intrastate telecommunications services that are generally, but not limited to, interexchange services.

  (3) Administrative review--A process under which an application may be approved without a formal hearing.

  (4) Affected person--

    (A) a public utility affected by an action of a regulatory authority;

    (B) a person whose utility service or rates are affected by a proceeding before a regulatory authority; or

    (C) a person who:

      (i) is a competitor of a public utility with respect to a service performed by the utility; or

      (ii) wants to enter into competition with a public utility.

  (5) Affiliate--

    (A) a person who directly or indirectly owns or holds at least 5.0% of the voting securities of a public utility;

    (B) a person in a chain of successive ownership of at least 5.0% of the voting securities of a public utility;

    (C) a corporation that has at least 5.0% of its voting securities owned or controlled, directly or indirectly, by a public utility;

    (D) a corporation that has at least 5.0% of its voting securities owned or controlled, directly or indirectly, by:

      (i) a person who directly or indirectly owns or controls at least 5.0% of the voting securities of a public utility; or

      (ii) a person in a chain of successive ownership of at least 5.0% of the voting securities of a public utility;

    (E) a person who is an officer or director of a public utility or of a corporation in a chain of successive ownership of at least 5.0% of the voting securities of a public utility; or

    (F) a person determined to be an affiliate under Public Utility Regulatory Act §11.006.

  (6) Aggregate customer proprietary network information (CPNI)--A configuration of customer proprietary network information that has been collected by a telecommunications utility and organized such that none of the information will identify an individual customer.

  (7) Alternate 9-1-1 routing--The routing of 9-1-1 calls to a designated alternate location if all dedicated 9-1-1 trunks to a primary public safety answering point are busy or out of service.

  (8) Assumed name--Has the meaning assigned by Texas Business and Commerce Code, §36.10.

  (9) Automatic dial announcing device (ADAD)--Any automated equipment used for telephone solicitation or collection that:

    (A) is capable of storing numbers to be called, or has a random or sequential number generator capable of producing numbers to be called; and

    (B) alone or in conjunction with other equipment, can convey a prerecorded or synthesized voice message to the number called without the use of a live operator.

  (10) Automatic location identification (ALI)--The automatic display at a public safety answering point of a caller's telephone number, the address/location of the telephone number, and supplementary emergency services information for the location from which a call originates.

  (11) Automatic number identification (ANI)--The telephone number associated with an access line, connection, or station from which a call originates that is automatically transmitted by the local switching system to an interexchange or other communications carrier or to the operator of a 9-1-1 system.

  (12) Base rate area--A specific area within an exchange area, as set forth in the dominant certificated telecommunications utilities' tariffs, maps or descriptions, wherein local exchange service is furnished at uniform rates without extra mileage charges.

  (13) Basic local telecommunications service--Flat rate residential and business local exchange telephone service, including primary directory listings; tone dialing service; access to operator services; access to directory assistance services; access to 911 service where provided by a local authority or dual party relay service; the ability to report service problems seven days a week; lifeline services; and any other service the commission, after a hearing, determines should be included in basic local telecommunications service.

  (14) Basic network services (BNS)--Those services identified in Public Utility Regulatory Act §58.051.

  (15) Baud--Unit of signaling speed reflecting the number of discrete conditions or signal elements transmitted per second.

  (16) Bellcore--Bell Communications Research, Inc.

  (17) Billing agent--Any entity that submits charges to a billing telecommunications utility on behalf of itself or any service provider.

  (18) Billing telecommunications utility--Any telecommunications provider, as defined in the Public Utility Regulatory Act §51.002 that issues a bill directly to a customer for any telecommunications product or service.

  (19) Bit Error Ratio (BER)--The ratio of the number of bits received in error to the total number of bits transmitted in a given time interval.

  (20) Bit Rate--The rate at which data bits are transmitted over a communications path, normally expressed in bits per second.

  (21) Bona fide request--A written request to an incumbent local exchange company (ILEC) from a CTU or an enhanced service provider, requesting that the ILEC unbundle its network/services to the extent ordered by the Federal Communications Commission. A bona fide request indicates an intent to purchase the service subject to the purchaser being able to obtain acceptable rates, terms, and conditions.

  (22) Business service--A telecommunications service provided a customer where the use is primarily of a business, professional, institutional or otherwise occupational nature.

  (23) Busy hour--The clock hour each day during which the greatest usage occurs.

  (24) Busy season--That period of the year during which the greatest volume of traffic is handled in a switching office.

  (25) Call aggregator--Any person or entity that owns or otherwise controls telephones intended to be utilized by the public, which control is evidenced by the authority to post notices on and/or unblock access at the telephone.

  (26) Call splashing--Call transferring (whether caller-requested or operator service provider-initiated) that results in a call being rated and/or billed from a point different from that where the call originated.

  (27) Call transferring--Handing off a call from one operator service provider (OSP) to another OSP.

  (28) Caller identification materials (caller ID materials)--Any advertisements, educational materials, training materials, audio and video marketing devices, and any information disseminated about caller ID services.

  (29) Caller identification service (caller ID service)--A service offered by a telecommunications provider that provides calling party information to a device capable of displaying the information.

  (30) Calling area--The area within which telecommunications service is furnished to customers under a specific schedule of exchange rates. A "local" calling area may include more than one exchange area.

  (31) Calling party information--

    (A) the telephone listing number and/or name of the customer from whose telephone instrument a telephone number is dialed; or

    (B) other information that may be used to identify the specific originating number or originating location of a wire or electronic communication transmitted by a telephone instrument.

  (32) Capitalization--Long-term debt plus total equity.

  (33) Carrier of choice--An option that allows an individual to choose an interexchange carrier for long distance calls made through Telecommunications Relay Service.

  (34) Carrier-initiated change--A change in the telecommunications utility serving a customer that was initiated by the telecommunications utility to which the customer is changed, whether the switch is made because a customer did or did not respond to direct mail solicitation, telemarketing, or other actions initiated by the carrier.

  (35) Central office--A switching unit in a telecommunications system which provides service to the general public, having the necessary equipment and operating arrangements for terminating and interconnecting customer lines and trunks or trunks only.

Cont'd...

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