| acceleration obligate the ETP to reduce its THCUSP support
in excess of the total reduction obligation initially calculated under
paragraph (3) of this subsection.
(3) Annual reductions to THCUSP base support and per-line
support recalculation. As part of the contested case proceeding referenced
in paragraph (2) of this subsection, each ILEC ETP must, using line
counts as of the end of the month preceding the effective date of
this rule, calculate the amount of additional revenue that would result
if the ILEC ETP were to charge the reasonable rate for basic local
telecommunications service to all residential customers for those
services where the price, or imputed price, are below the reasonable
rate. Lines in exchanges for which an application for deregulation
is pending as of June 1, 2012 must not be included in this calculation.
If the application for deregulation for any such exchanges subsequently
is denied by the commission, the ILEC ETP must, within 20 days of
the final order denying such application, submit revised calculations
including the lines in those exchanges for which the application for
deregulation was denied. Without regard to whether an ILEC ETP increases
its rates for basic local telecommunications service to the reasonable
rate, the ILEC ETP's annual base support must be reduced on January
1 of each year for four consecutive years, with the first reduction
occurring on January 1, 2013. The ETP's annual base support amount
must be reduced by 25% of the additional revenue calculated in accordance
with this paragraph in each year of the transition period. This reduction
must be accomplished by reducing support for each wire center served
by the ETP proportionally.
(4) Portability. The support amounts established in
accordance with this section are applicable to all ETPs and are portable
with the customer.
(5) Limitation on availability of THCUSP support.
(A) THCUSP support must not be provided in a wire center
in a deregulated market that has a population of at least 30,000.
(B) An ILEC may receive support from the THCUSP for
a wire center in a deregulated market that has a population of less
than 30,000 only if the ILEC demonstrates to the commission that the
ILEC needs the support to provide basic local telecommunications service
at reasonable rates in the affected market. An ILEC may use evidence
from outside the wire center at issue to make the demonstration. An
ILEC may make the demonstration for a wire center before or after
submitting a petition to deregulate the market in which the wire center
is located.
(6) Total Support Reduction Plan. Within 10 days of
the effective date of this section, an ILEC may elect to participate
in a Total Support Reduction Plan (TSRP) as prescribed in this subsection,
by filing a notification of such participation with the commission.
The TSRP would serve as an alternative to the reduction plan prescribed
in paragraph (3) of this subsection. The TSRP will be implemented
as follows:
(A) For an ILEC making this election, the ILEC must
reduce its THCUSP funding in accordance with paragraph (3) of this
subsection with the exception that THCUSP reductions due to exchange
deregulation may be credited against the electing ILEC's annual reduction
obligation in the calendar year immediately following such deregulation.
(B) In no event will an electing ILEC seek or receive
THCUSP funding after January 1, 2017 even if the electing ILEC would
otherwise be entitled to such funding as of this date.
(f) Support Reduction. Subject to the provisions of §26.405(f)(3)
of this title (relating to Financial Need for Continued Support),
the commission will adjust the support to be made available from the
THCUSP according to the following criteria.
(1) For each ILEC that is not electing under subsection
(e)(6) of this section and that served greater than 31,000 access
lines in this state on September 1, 2022, or a company or cooperative
that is a successor to such an ILEC, the monthly per-line support
that the ILEC is eligible to receive for each exchange on December
31, 2023 from the THCUSP is reduced:
(A) on January 1, 2024, to 75 percent of the level
of support the ILEC was eligible to receive on December 31, 2023;
(B) on January 1, 2025, to 50 percent of the level
of support the ILEC was eligible to receive on December 31, 2023;
(C) on January 1, 2026, to 25 percent of the level
of support the ILEC was eligible to receive on December 31, 2023;
and
(D) on January 1, 2027, to zero percent of the level
of support the ILEC was eligible to receive on December 31, 2023.
(2) An ILEC subject to this subsection may file a petition
to show financial need for continued support, in accordance with§26.405(f)(1)
of this title, before January 1, 2027.
(g) Reporting requirements. An ETP that receives support
in accordance with this section must report the following information:
(1) Monthly reporting requirement. An ETP must report
the following to the TUSF administrator on a monthly basis:
(A) the total number of eligible lines for which the
ETP seeks TUSF support; and
(B) a calculation of the base support computed in accordance
with the requirements of subsection (d) of this section.
(2) Quarterly filing requirements. An ETP must file
quarterly reports with the commission showing actual THCUSP receipts
by study area.
(A) Reports must be filed electronically in the project
number assigned by the commission's central records office no later
than 3:00 p.m. on the 30th calendar day after the end of the calendar
quarter reporting period.
(B) Each ETP's reports must be filed on an individual
company basis; reports that aggregate the disbursements received by
two or more ETPs will not be accepted as complying with the requirements
of this paragraph.
(C) All reports filed in accordance with paragraph
(3) of this subsection must be publicly available.
(3) Annual reporting requirements. An ETP must report
annually to the TUSF administrator that it is qualified to participate
in the THCUSP.
(4) Other reporting requirements. An ETP must report
any other information that is required by the commission or the TUSF
administrator, including any information necessary to assess contributions
and disbursements from the TUSF.
|
| Source Note: The provisions of this §26.403 adopted to be effective July 8, 2012, 37 TexReg 5120; amended to be effective December 21, 2014, 39 TexReg 9976; amended to be effective September 14, 2016, 41 TexReg 7076; amended to be effective December 21, 2023, 48 TexReg 7524 |
