| (6) Recovery of assessments. A telecommunications provider
may recover the amount of its TUSF assessment based on its intrastate
telecommunications services receipts from its retail customers who
are subject to tax under Chapter 151 of the Texas Tax Code, except
for Lifeline and/or Link Up services. For purposes of the recovery
of the TUSF assessment, pay telephone providers are considered retail
customers subject to Chapter 151 of the Texas Tax Code. The commission
may order modifications in a telecommunications provider's method
of recovery.
(A) Retail customers' bills. In the event a telecommunications
provider chooses to recover its TUSF assessment through a surcharge
added to its retail customers' bills:
(i) the surcharge must be listed on the retail customers'
bills as "Texas Universal Service"; and
(ii) the surcharge must be assessed as a percentage
of intrastate telecommunications services receipts on every retail
customers' bill, except Lifeline and/or Link Up services.
(B) Commission approval of surcharge mechanism. An
ILEC choosing to recover the TUSF assessment through a surcharge on
its retail customers' bills must file for commission approval of the
surcharge mechanism.
(C) Tariff and/or price sheet changes. A certificated
telecommunications utility choosing to recover the TUSF assessment
through a surcharge on its retail customers' bills shall file the
appropriate changes as necessary to its tariff and/or price sheet
and provide supporting documentation for the method of recovery.
(D) Recovery period. A single universal service fund
surcharge shall not recover more than one month of assessments.
(7) Disputing assessments. Any telecommunications provider
may dispute the amount of its TUSF assessment. The telecommunications
provider should endeavor to first resolve the dispute with the TUSF
administrator. If the telecommunications provider and the TUSF administrator
are unable to satisfactorily resolve their dispute, either party may
petition the commission to resolve the dispute. Pending final resolution
of disputed TUSF assessment rates and/or amounts, the disputing telecommunications
provider shall remit all undisputed amounts to the TUSF administrator
by the due date.
(g) Disbursements from the TUSF to ETPs, ILECs, other
entities and agencies.
(1) ETPs, ILECs, other entities, and agencies.
(A) ETPs. The commission shall determine whether an
ETP qualifies to receive funds from the TUSF. An ETP qualifying for
the following programs is eligible to receive funds from the TUSF:
(i) Texas High Cost Universal Service Plan;
(ii) Small and Rural ILEC Universal Service Plan; and/or
(iii) Lifeline Service and Link Up Service.
(B) ILECs. The commission shall determine whether an
ILEC qualifies to receive support from the following TUSF programs:
(i) Implementation of the Public Utility Regulatory
Act §56.025; and/or
(ii) Additional Financial Assistance program.
(C) Other entities. The commission shall determine
whether other entities qualify to receive funds from the TUSF. Entities
qualifying for the following programs are eligible to receive funds
from the TUSF:
(i) Telecommunications Relay Service;
(ii) Specialized Telecommunications Assistance Program;
and/or
(iii) Audio Newspaper Assistance Program.
(D) Agencies. The commission, the Texas Department
of Aging and Disability Services, the Texas Department of Assistive
and Rehabilitative Services, and the TUSF administrator are eligible
for reimbursement of the costs directly and reasonably associated
with the implementation of the provisions of PURA Chapters 56 and
57.
(2) Reporting requirements.
(A) ETPs. An ETP shall report to the TUSF administrator
as required by the provisions of the section or sections under which
it qualifies to receive funds from the TUSF.
(B) Other entities. A qualifying entity shall report
to the TUSF administrator as required by the provisions of the section
or sections under which it qualifies to receive funds from the TUSF.
(C) Agencies. A qualifying agency shall report its
qualifying expenses to the TUSF administrator each month.
(3) Disbursements.
(A) The TUSF administrator shall verify that the appropriate
information has been provided by each ETP, local exchange company
(LEC), other entities or agencies and shall issue disbursements to
ETPs, LECs, other entities and agencies within 45 days of the due
date of their reports except as otherwise provided.
(B) Prior to August 31, 2007, if an electing LEC, as
defined in §26.5 of this title (relating to Definitions), reduces
rates in conjunction with receiving disbursements from the TUSF, the
commission may not reduce the amount of those disbursements below
the initial level of disbursements upon implementation of the TUSF,
except that:
(i) if a local end user customer of the electing company
switches to another local service provider that serves the customer
entirely through the use of its own facilities and not partially or
solely through the use of unbundled network elements, the electing
LEC's disbursement may be reduced by the amount attributable to that
customer under PURA §56.021(1); or
(ii) if a local end user customer of the electing company
switches to another local service provider, and the new local service
provider serves the customer partially or solely through the use of
unbundled network elements provided by the electing LEC, the electing
LEC's disbursement attributable to that customer under PURA §56.021(1)
may be reduced according to the commission established equitable allocation
formula for the disbursement as described in §26.403(e)(3)(C)
of this title (relating to Texas High Cost Universal Service Plan
(THCUSP)).
(C) The commission may adjust disbursements from the
universal service fund to companies using technologies other than
traditional wireline or landline technologies to meet provider of
last resort obligations.
(h) True-up. The assessment amount determined pursuant
to subsections (e) and (f) of this section shall be subject to true-up
as determined by the TUSF administrator and approved by the commission.
True-ups shall be limited to a three year period for under-reporting
and a one year period for over-reporting.
(i) Sale or transfer of exchanges.
(1) An ETP that acquires exchanges from an unaffiliated
small or rural ILEC receiving support for those exchanges pursuant
to §26.404 of this title, shall receive the per-line support
amount for which those exchanges were eligible prior to the sale or
transfer.
(2) An ETP that acquires exchanges from an unaffiliated
ETP receiving support for those exchanges pursuant to §26.403
of this title, shall receive the per-line support amount for which
those exchanges were eligible prior to the transfer of the exchanges.
(j) Proprietary information. The commission and the
TUSF administrator are subject to the Texas Open Records Act, Texas
Government Code, Chapter 552. Information received by the TUSF administrator
from the individual telecommunications providers shall be treated
as proprietary only under the following circumstances:
(1) An individual telecommunications provider who submits
information to the TUSF administrator shall be responsible for designating
it as proprietary at the time of submission. Information considered
to be confidential by law, either constitutional, statutory, or by
judicial decision, may be properly designated as proprietary.
(2) An individual telecommunications provider who submits
information designated as proprietary shall stamp on the face of such
information "PROPRIETARY PURSUANT TO PUC SUBST. R. §26.420(j)".
(3) The TUSF administrator may disclose all information
from an individual telecommunications provider to the telecommunications
provider who submitted it or to the commission and its designated
representatives without notifying the telecommunications provider.
(4) All third party requests for information shall
be directed through the commission. If the commission or the TUSF
administrator receives a third party request for information that
a telecommunications provider has designated proprietary, the commission
shall notify the telecommunications provider. If the telecommunications
provider does not voluntarily waive the proprietary designation, the
commission shall submit the request and the responsive information
to the Office of the Attorney General for an opinion regarding disclosure
pursuant to the Texas Open Records Act, Texas Government Code, Chapter
552, Subchapter G.
|
| Source Note: The provisions of this §26.420 adopted to be effective August 10, 1999, 24 TexReg 6035; amended to be effective October 4, 2001, 26 TexReg 7530; amended to be effective June 17, 2002, 27 TexReg 5201; amended to be effective November 27, 2002, 27 TexReg 10915; amended to be effective July 20, 2006, 31 TexReg 5616; amended to be effective November 19, 2006, 31 TexReg 9285; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective November 7, 2017, 42 TexReg 6143 |
