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of acquiring or providing the affiliate's products or services shall
be valued in a manner consistent with FCC requirements and with §26.226(d)(5)
of this title. For a joint marketing effort that includes regulated
products or services and the products or services of an affiliate,
an affidavit shall be provided by each affected affiliate attesting
that the affiliate's costs are recovered in a manner consistent with §26.226(d)(5)
of this title and FCC requirements, if any;
(xiii) description of the offering's terms and conditions,
including location of service or a statement that it is to be provided
state-wide; and
(xiv) a privacy concerns statement.
(d) Disputes as to sufficiency or appropriateness of
informational notice filing.
(1) If the electing company advises the commission
by written filing that a dispute exists with respect to a notice of
deficiency or the inappropriateness of an informational notice, and
requests the assignment of an administrative law judge to resolve
the dispute, the commission will consider the dispute to be a contested
case.
(2) A contested case will also exist if the commission
files a complaint addressing sufficiency or appropriateness of an
informational notice filing.
(3) Parties other than the commission staff may not
challenge the sufficiency of an informational notice filing.
(e) Complaints regarding service offerings introduced
by informational notice filings. An affected person, OPC, or the commission
may file a complaint at the commission on or after the date the informational
notice has been filed. The filing of a complaint will initiate a contested
case.
(1) A complaint addressing an informational notice
filing may challenge whether the filing is in compliance with PURA
and/or commission substantive rules.
(2) If a complaint challenging the price of a new service
is resolved in a final order issued by this commission in favor of
the complainant, the electing company shall either:
(A) not later than the tenth day after the date the
complaint is finally resolved, amend the price of the service as necessary
to comply with the final resolution; or
(B) discontinue the service.
(3) The commission shall dismiss a complaint filed
prior to the filing of an informational notice on the grounds that
the commission lacks jurisdiction to hear the complaint.
(4) All complaints shall be docketed and governed by
the commission's procedural rules and shall be filed and reviewed
pursuant to the following requirements:
(A) Complaints shall be captioned: COMPLAINT BY {NAME
OF COMPLAINANT} REGARDING TARIFF CONTROL NUMBER(S) {NUMBER(S)} {STYLE
OF TARIFF CONTROL NUMBER}.
(B) Processing. The commission shall assign each complaint
filed with respect to an informational notice a unique control number.
The presiding officer shall cause a copy of each complaint, bearing
the assigned control number, to be filed in the relevant tariff control
number(s) for the related informational notice filings.
(5) The commission staff shall have standing in all
proceedings related to informational notice filings before the commission,
and may intervene by filing a notice of intervention, at any time
prior to determination on the merits. No motion is necessary for such
intervention.
(6) A complaint filed pursuant to this section shall
be considered to be an exception to the informal resolution requirements
of §22.242(c) of this title (relating to Complaints).
(f) Interim relief. A tariff for a new service introduced
by an informational notice may not be suspended during the pendency
of any complaint. All other tariffs introduced by informational notice
filings will remain in effect during the pendency of any complaint
unless interim relief suspending the tariff is granted pursuant to
this subsection.
(1) Any request that a tariff be suspended during the
pendency of a complaint must meet the following requirements:
(A) the pleading must state an appropriate and bona
fide cause of action;
(B) the pleading must be verified or supported with
affidavits based on personal knowledge; and
(C) the pleading must set forth the following elements:
probable right of recovery, probable and irreparable injury in the
interim, and no adequate alternative remedy.
(2) The presiding officer shall schedule a hearing
on interim relief in the form of suspension of a tariff on an expedited
basis.
(3) The burden of proof shall be upon the complainant
with respect to each element of proof necessary to obtain any interim
relief requested by the complainant.
(g) A telecommunications provider that is not subject
to rate-of-return regulation under PURA, Chapter 53:
(1) may, but is not required to, maintain on file with
the commission tariffs, price lists, or customer service agreements
governing the terms of providing service;
(2) may make changes in its tariffs, price lists, and
customer service agreements in relation to services that are not subject
to regulation without commission approval; and
(3) may cross-reference its federal tariff in its state
tariff if its intrastate switched access rates are the same as its
interstate switched access rates.
(h) A telecommunications provider may withdraw a tariff,
price list, or customer service agreement not required to be filed
or maintained with the commission under this section if the provider:
(1) files written notice of the withdrawal with the
commission; and
(2) notifies its customers of the withdrawal and posts
the current tariffs, price lists, or generic customer service agreements
on its Internet website.
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| Source Note: The provisions of this §26.227 adopted to be effective October 23, 2000, 25 TexReg 10544; amended to be effective March 8, 2010, 35 TexReg 1991; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective April 7, 2014, 39 TexReg 2499 |
