| (i) Rate decrease. Consistent with PURA §58.055(c),
an electing company may decrease a rate for a basic service at any
time to an amount above the service's appropriate cost. If the electing
company has been required to perform or has elected to perform a long
run incremental cost study, the appropriate cost for the service is
the service's long run incremental cost.
(1) After commission approval of a LRIC floor, an electing
company must follow the procedures in this subsection to decrease
a rate for a basic network service or to change the tariff terms of
a basic network service.
(2) An electing company must file an application to
decrease the rate for or change the tariff terms of a basic network
service. On the same date, an electing company must file one or more
tariff sheets to decrease a rate for or change the tariff terms of
a basic network service with the application and all data necessary
to support the application must accompany the tariff sheets.
(3) The commission must cause notice of the application
to be published in the Texas Register. The Texas Register notice must state the intervention
deadline, which must be no earlier than 15 days following publication
of notice. On or before five days after the intervention deadline,
commission staff may file a recommendation to suspend, docket or reject
the application. If either a request for intervention or a recommendation
to docket is filed, the expedited administrative procedures in this
subsection must no longer apply. If neither an intervention request
nor a staff recommendation to suspend, docket or reject the application
is filed, the tariff sheets must be approved by the commission effective
ten days following the intervention deadline.
(j) Proprietary or confidential information.
(1) Information filed in accordance with this section
is presumed to be public information. An electing company has the
burden of establishing that information filed in accordance with this
section is proprietary or confidential.
(2) Nothing in this subsection must be construed to
change the presumption that information filed in accordance with this
rule is public information. An electing company that intends to rely
upon data it purports is proprietary or confidential in support of
an application made in accordance with this section must file such
data confidentially. An electing company that intends to rely upon
proprietary or confidential data has the burden of providing such
data on the same date the associated tariff sheets are filed. In the
event an electing company's proprietary or confidential data is not
provided with the associated tariff sheets, the procedural schedule
will be adjusted day-for-day to reflect the number of days the proprietary
or confidential data is delayed.
(k) Additional notice requirement for an electing company
serving more than five million access lines. In addition to the notice
requirements of §26.208 of this title and those applicable to
informational notice filings, an electing company serving more than
five million access lines in this state must, until September 1, 2003:
(1) Comply with the following notice requirements when
proposing any changes in the generally available prices and terms
under which the electing company offers basic telecommunications services
regulated by the commission at retail rates to subscribers that are
not telecommunications providers, including:
(A) Introduction of any new features or functions of
basic services;
(B) Promotional offerings of basic services; or
(C) Discontinuation of then-current features or services.
(2) Notice must be provided to the following persons:
(A) A person who holds a certificate of operating authority
in the electing company's certificated area or areas; or
(B) A person who has an effective interconnection agreement
with the electing company.
(3) The following timelines must apply to the additional
notice requirement:
(A) If the electing company is required to give notice
to the commission, at the same time the company provides that notice;
or
(B) If the electing company is not required to give
notice to the commission, at least 45 days before the effective date
of a price change or 90 days before the effective date of a change
other than a price change, unless the commission determines that the
notice should not be given.
(l) Semi-annual notice for rates or terms of service.
Semi-annually, an electing company must notify affected persons, either
by bill insert, bill message, or direct mail, that proposed changes
in the rates or terms of basic network services are regularly published
in the Texas Register through the
Office of the Secretary of State. Such notification must also appear
in the public information pages of all telephone directories published
in Texas. The notification must identify the Internet address for
the Texas Register (www.sos.state.tx.us) and must provide a toll-free
phone number for affected persons to request direct notice from an
electing company of proposed changes in the rates or terms of service.
For purposes of notice, affected persons include the applicant's Texas
customers, persons registered with the commission to offer long distance
service, and persons certificated by the commission to provide local
exchange telephone service.
|
| Source Note: The provisions of this §26.224 adopted to be effective October 23, 2000, 25 TexReg 10531; amended to be effective November 27, 2002, 27 TexReg 10915; amended to be effective September 4, 2006, 31 TexReg 7123; amended to be effective December 21, 2023, 48 TexReg 7524 |
