| (iv) In establishing a flat rate EAS increment, all
classes of customer access line rates within each exchange shall be
increased by equal percentages.
(6) Subscription threshold.
(A) A threshold demand level shall be established by
the commission's order in the docketed proceeding prior to the design
or construction of facilities for the service. A reasonable pre-subscription
process shall then be undertaken to determine the likely demand level.
If the likely demand level equals or exceeds the threshold demand
level, then EAS shall be provided in accordance with the commission's
order. If the threshold demand level is not met, the affected utility(ies)
is not required to provide the EAS approved by the commission.
(B) The cost of pre-subscription shall be divided between
the utility and the petitioners. The petitioners shall pay for the
printing of bill inserts and ballots and the utility shall insert
them in bills free of charge. In the alternative, upon the agreement
of the parties, the utility shall provide, free of charge, and under
protective order, the mailing labels of the subscribers in the petitioning
exchange, and the petitioners shall pay the cost of printing and mailing
the bill inserts and ballots.
(7) Notice.
(A) Notice of the filing of an EAS application must
be provided to all subscribers within the petitioning exchange(s),
by publication for two consecutive weeks in a newspaper of general
circulation in the area. Notice must also be given to individual subscribers
either through inserts in customer bills, or through a separate mailing
to each subscriber. The notice must state: the project number, the
nature of the request, and the commission's mailing address and telephone
number to contact in the event an individual wishes to protest or
intervene. The commission shall also publish notice in the Texas Register.
(B) Written notice containing the information described
above shall be provided to the governing official(s) of all incorporated
areas within the affected exchanges and the county commission(s) or
the board of directors or trustees of a community association representing
any unincorporated areas within the affected exchanges.
(C) The cost of notice shall be borne by the petitioners.
(8) Joint filings.
(A) EAS agreements. The commission may approve agreements
for EAS or EAS substitute services filed jointly by the representatives
of petitioning exchanges and the affected utility(ies) (joint filings)
so long as the agreements are in accordance with subparagraph (C)(i)
- (x) of this paragraph. Notwithstanding any other provisions of this
paragraph, if more than one political subdivision is affected by a
proposed optional calling plan under PURA §55.023, the agreement
of each political subdivision is not required.
(B) Multiple exchange common calling plans. Joint filing
agreements for EAS or EAS substitute services among three or more
exchanges shall be permitted pursuant to subparagraph (C)(i) - (x)
of this paragraph.
(C) Standards for joint filings. Joint filings shall
be permitted subject to the following:
(i) The parties to joint filings shall include the
name of each utility which provides service in the affected exchanges
and one duly appointed representative for each affected exchange.
Each exchange representative shall be designated jointly by the governing
officials of all incorporated areas within the affected exchange and
the county commission(s) representing any unincorporated areas within
the affected exchange.
(ii) Joint filings are exempt from the traffic requirements
contained in paragraph (2) of this subsection.
(iii) Joint filings may include rate proposals which
are flat rate, usage sensitive, block rates, or other pricing mechanisms.
If usage-sensitive rates are proposed, joint applicants shall include
the commission staff in their negotiations.
(iv) Joint filings may propose either one-way or two-way
calling.
(v) Joint filings may propose either optional or non-optional
calling.
(vi) Joint filings shall specify all non-recurring
and recurring rate additives to be paid by the various classes and
grades of service in the affected exchanges.
(vii) Joint filings shall demonstrate that the proposed
rate additives:
(I) are in the public interest, and in the case of
non-optional joint filings which include flat rate additives, the
filing shall demonstrate that more than 50% of the total subscribers
who will experience a rate change are in favor of this joint filing
at the proposed rates; and
(II) recover, for the utility providing the service,
the appropriate cost of providing EAS including a contribution to
joint costs.
(viii) The notice requirements of paragraph (7) of
this subsection are applicable to joint filings. In addition, the
commission shall publish notice of the proposed joint filing in the Texas Register and shall provide notice
to the Office of Public Utility Counsel upon receipt of the joint
filing.
(ix) If intervenor status is not granted within 60
days of completion of notice, the joint filing shall be handled administratively,
with the commission determining whether the service meets the criteria
listed in clause (vii) of this subparagraph. If requested by an intervenor
or the commission staff, the joint filing shall be docketed for hearing
and final order. Any of the parties to the joint filing may withdraw
the joint filing without prejudice at any time prior to the rendition
of the final order. Any alteration or modification of the joint filing
by the commission may only be made upon the agreement of all parties
to the proceeding.
(x) The exchanges to be included within the proposed
common calling plan area shall be contained within a continuous boundary
and all exchanges within that boundary shall be included in the common
calling plan.
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| Source Note: The provisions of this §26.217 adopted to be effective March 14, 2000, 25 TexReg 2030; amended to be effective November 27, 2002, 27 TexReg 10915; amended to be effective April 4, 2012, 37 TexReg 2178 |
