| (ii) A company may require a term commitment for all
persons seeking advanced services under a Bona Fide Retail Request.
When considering whether a term commitment is reasonably comparable,
the commission shall consider the distance, terrain, and features
of the rural area seeking the advanced service.
(e) Requesting competitive response for provision of
advanced services. A person(s) in a rural area seeking provision of
an advanced service shall first submit a request for a competitive
response for provision of those services. The request need not conform
to the requirements of a Bona Fide Retail Request unless the requesting
person(s) intends to seek provision of an advanced service under the
Bona Fide Retail Request process in subsection (f) of this section.
(1) Requesting advanced services.
(A) Any person(s) in a rural area seeking the provision
of advanced services shall submit a written request to the commission
for posting on the commission website.
(B) The written request must include the name, address,
and telephone number of a contact person.
(C) Within five working days after receipt, the commission
shall post the request for advanced services on the commission's website.
(D) The commission shall post on the commission website:
(i) the name, address, and telephone number of the
contact person;
(ii) the number of lines requested;
(iii) the number of customers requesting service;
(iv) the location of the rural area seeking the advanced
service; and
(v) any other information the commission deems relevant.
(2) Competitive response.
(A) After posting on the website, any company or advanced
service provider may submit to the contact person a proposal to provide
advanced services to the person(s) seeking advanced services.
(B) Proposals must be submitted to the contact person
within 50 days after the request was posted and provide for deployment
of the advanced service within 15 months after the request was posted
by the commission.
(C) The person(s) seeking advanced services may negotiate
with and select a provider based upon all of the proposals received.
(D) If no advanced services provider has committed
to provide advanced services to the person(s) submitting a request
within 60 days after the request was posted by the commission, the
contact person shall notify the commission. Upon notification, the
contact person may ask that the commission establish a proceeding
to determine that the request is a Bona Fide Retail Request.
(f) Bona Fide Retail Request process.
(1) Commission proceeding to determine a Bona Fide
Retail Request.
(A) Upon request under subsection (e)(2)(D) of this
section, the commission shall determine whether a request is a Bona
Fide Retail Request. This request may be processed administratively.
(B) Any interested person may present written comments
or objections, setting forth the basis of any facts in dispute, regarding
whether the request is a Bona Fide Retail Request under this section.
(2) Bona Fide Retail Request. A Bona Fide Retail Request
must:
(A) include a written request for at least 150 lines
for service within 14,000 26-gauge cable feet or its equivalent of
the same central office in a rural area;
(B) contain the name, address, telephone number, and
signature of the retail customer(s) seeking service, the advanced
service(s) requested, and the date of the request;
(C) contain the name, address, and telephone number
of a contact person;
(D) state whether an advanced services provider is
already providing, is contracted to provide, or is willing to provide
advanced services in the rural area seeking the advanced service;
and
(E) state whether an Internet service provider is providing
or commits to provide functional Internet connectivity in the rural
area seeking the advanced service.
(3) Notice of Bona Fide Retail Request. After determination
that a request is a Bona Fide Retail Request, the commission shall:
(A) notify electronically or by mail all companies
electing under PURA Chapter 58 and all COA and SPCOA holders of the
Bona Fide Retail Request;
(B) post notice of the Bona Fide Retail Request on
the commission website; and
(C) publish notice of the Bona Fide Retail Request
in the Texas Register.
(D) The commission shall include in the notification,
post on the commission website, and publish in the Texas Register:
(i) the name, address, and telephone number of the
contact person;
(ii) the number of lines requested;
(iii) the number of customers requesting service;
(iv) the location of the rural area; and
(v) any other information the commission deems relevant.
(4) Commission selection proceeding. After notification
of the Bona Fide Retail Request, the commission shall establish a
proceeding to select the company or companies obligated to provide
an advanced service.
(A) Company response. Each company subject to this
section for the rural area seeking advanced services shall submit
a proposal for the provision of one or more advanced services to the
retail customer(s) seeking service through the Bona Fide Retail Request
determined by the commission under this section.
(i) Each company shall submit its proposal within 30
days after publication of the Bona Fide Retail Request notice in the Texas Register.
(ii) All proposals shall comply with the requirements
of subsection (d) of this section.
(iii) A company required to submit a proposal may contest
the obligation to serve by setting forth the basis of its challenge.
The company must, however, file its proposal as required by this subsection.
(B) Company response exemption. A company subject to
this section for the rural area seeking advanced services is presumed
to be exempt from the requirements of this subsection and is not required
to submit a proposal for the provision of advanced services if, at
the time the Bona Fide Retail Request is published in the Texas Register, the company served fewer
than 150 local exchange telephone service lines within 14,000 26-gauge
cable feet or its equivalent of the same central office as determined
for the Bona Fide Retail Request under this section in the last month
of the most recent quarterly reporting period submitted to the commission
pursuant to Local Government Code, Chapter 283.
(C) Commission determination. Within 150 days after
notice of the Bona Fide Retail Request is published in the Texas Register, the commission shall determine
the selected company or companies obligated to serve the retail customer(s)
seeking service through the Bona Fide Retail Request determined by
the commission under this section.
(D) Selection criteria. When selecting the company
or companies obligated to serve, among other factors the commission
may deem relevant, the commission shall consider:
(i) the overall quality of telecommunications service
in the rural area;
(ii) the characteristics and attributes of network
facilities in the rural area;
(iii) the terrain and geographic features of the rural
area;
(iv) the number of local exchange telephone service
providers in the rural area;
(v) the population and population density of the rural
area;
(vi) the number of local exchange telephone service
customers the company serves in the rural area;
(vii) the manner or method by which the company provides
local exchange telephone service in the rural area;
(viii) whether a company that provides local exchange
service through resale or unbundled network element platform can purchase
advanced services through resale or unbundled network element platform
in the rural area;
(ix) the extent to which the selection may prohibit
or have the practical effect of prohibiting the ability of any company
to provide local exchange telephone service in rural areas;
(x) a company's planned response for subsequent requests
for service within 14,000 26-gauge cable feet or its equivalent of
the same central office as determined for the original Bona Fide Retail
Request under this section;
(xi) the method by which the company would provide
an advanced service in the rural area; and
(xii) whether a company provides service in proximate
urban areas to the rural area seeking advanced services.
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